1. Acceptance of Terms of Use

Attobility provides personalized online health and well-being management, beauty services management, financial management, social networking solutions, and related services, content, features and products through the Attobility website located at https://attobility.com and through mobile and desktop or device applications (including iOS and applications) and Attobility-controlled social media pages (including on Facebook, Instagram and Twitter etc.).

By registering as a member or visiting, browsing, or using Attobility's Services in any way, "you" accept these Terms of Use, which form a binding agreement between you and Attobility.

This website and its associated app are offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this website and related app constitutes your acceptance. If you do not wish to be bound by this Agreement, do not access or use the Attobility Services.

1.1 Amendment of Terms:

We may change the Terms of Service at our discretion and without notice. A version of the current Terms of Service will be available on Attobility Website as they are updated. By continuing to use our service, you accept the Terms of service as they apply occasionally.

If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws where you are located.

2. Limitation of Liability:

This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). Suppose you are not a consumer of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth). In that case, it is an essential pre-condition to you using Attobility's Websites or apps that you agree and accept that Attobility is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the sites or the apps, whether from errors or omissions in our web pages or information or from any other use of the Website or app. In short, using the site or the app is at your own risk.

2.1 Competition and Consumer Act 2010 (Cth):

Attobility provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent they apply to this Agreement between you and Attobility but not otherwise. Nothing in these standard terms and conditions is intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply, and there has been a breach of any of those, then Attobility relies on Section 64A of the Competition and Consumer Act. In that respect, Attobility’s liability to you for any breach of a Consumer Guarantee is limited to:-

(i) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.

2.2 Links To Other Websites:

Attobility may provide on its website links to other websites and information on those websites for your information and convenience. This does not necessarily imply sponsorship, endorsement, approval or arrangement between Attobility and the owners of those websites. Attobility takes no responsibility for any content on the linked websites. Attobility’s website may contain information provided by third parties. Attobility accepts no responsibility for information or advice provided to you directly by third parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

2.3 Express Disclaimers:

Subject to the Competition and Consumer Act 2010 (Cth) provisions and to the fullest extent permitted by law, Attobility disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Attobility gives no warranty that the documents will be error-free, defects will be corrected, or that Attobility's website or server is free of viruses or any other harmful components. Attobility does not warrant or make any representations regarding the use or the result of the use of any document, link or information on its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Attobility to bear any costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Those exclusions do not apply in that event and shall be deemed excised from these standard terms.

2.4 Professional Advice Disclaimer:

Attobility's health and well being app offers health and fitness information for educational and entertainment purposes only. You acknowledge and agree that you should not rely on this information as a substitute or replacement for professional medical advice, diagnosis or treatment. Please consult with your doctor/physician before starting any new exercise program. Our app, including its owners, employees, and agents, will not be responsible for any injuries or damages that may occur while participating in our fitness programs. You are responsible for ensuring that you are physically fit and able to participate in physical activity. Using our app's fitness services, you release us from any claims, liabilities, or damages arising from or in connection with your use of any exercise equipment and/or following nutrition and fitness programs. The use of information provided through the Attobility health and well being app is at your own risk.

2.5 Children Disclaimer

Attobility Site, Apps and Nutrition/training plans and social interaction tools are designed for users aged 14 and above.

Nevertheless, if you are below the legal age at your place of residence, please obtain your legal guardian's permission prior to registering with our Platform or providing us with any Personal Information. Attobility bears no responsibility for any circumstances resulting in unsupervised use of nutrition and training plans.

3. Your Privacy:

Attobility respects the privacy and confidentiality of your information and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy carefully. You may change your details anytime by accessing your information through your code key. All information Attobility receives from its customers is protected by Attobility's secure server. Attobility’s secure server software encrypts all customer information before sending it to us. Furthermore, all customer data Attobility collects is secured against unauthorized use or access. We do not store credit card information on our servers.

3.1 Third Parties Can Not Use Your Information:

Attobility does not sell or deal in personal or customer information. Attobility may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Attobility may use the information that you provide to improve its website and its services.

3.2 Attobility May Disclose:

Attobility may disclose information in good faith and where Attobility is required to do so:-

1. By law or by any court;
2. To enforce the terms of any of our customer agreements;
3. To protect the rights, property or safety of Attobility, its customers or third parties; or
4. To banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

4. Jurisdiction:

This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and Attobility that result in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.

5. Copyright And Restriction of Use:

You are not permitted to reproduce the contents, information or materials on the Attobility's website for the purposes of conducting a business competitive with or similar to the business of Attobility. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. Attobility expressly reserves all copyright in its website, associated apps and in all webpages and information on its website.

Except as expressly permitted in writing by Attobility, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Attobility Service, nor will you take any measures to interfere with or damage the Attobility Service. All rights not expressly granted by Attobility in this Agreement are reserved.

6. Trademarks and Restriction of Use:

You are not permitted to use any trademarks, tradenames, graphics or designs that are on Attobility's website. If you breach Attobility’s trade marks then Attobility reserves the right to take action against you.

7. Account Registration

Whether you are a member or a non-member of Attobility Service, you need to register by creating an account on the Attobility Site. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to info@attobility.com. Attobility’s use of your information is governed by our Privacy Policy.

8. Content Restrictions and Conduct

You may not upload, post, submit, distribute or transmit to any portion of the Attobility any User Content that:

1. Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
2. Contains abusive, bullying, hateful, defamatory, discriminatory or other objectionable content or incites hatred against any individual or group;

In using the Attobility Service, you must behave in a civil and respectful manner at all times. Further, you will not:

1. Act in a deceptive manner by, among other things, impersonating any person;
2. Harass or stalk any other person, including without limitation an Attobility staff, employee and/or trainer;
3. Harm or exploit minors;
4. Distribute "spam";
5. Engage in any conduct that is offensive or illegal; or
6. Violate any other community rules or codes of conduct that Attobility may impose.

Attobility has the right, but not the obligation, to monitor all conduct on and content submitted to the Attobility Service. Attobility reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part, in Attobility’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the Attobility Service and systems.

9. Membership Structure and Fees

When you first sign up for a membership you may be required to agree to a specific price and plan, which may include a specific period. Attobility may offer additional promotions or discounts related to membership programs from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Purchase and Membership Terms. Unless specified in writing, all offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid membership and will be charged in accordance with these Purchase and Membership Terms.

Your Attobility Membership recurs on a monthly basis at the then-current rate until cancelled in accordance with the terms below. Billing occurs at the beginning of the subscription cycle. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), we will provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. To change or terminate your Subscription, contact Member Support at info@attobility.com. If you terminate your Subscription, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires.

10. Pricing:

Prices are shown in Australian dollars ($AUD) and do not include GST. Payments must be received in Australian currency. We reserve the right to amend our prices from time to time. Users outside Australia are not required to pay the GST.

10.1 Payment:

Payment of your Attobilty subscriptions is pay as you go. You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. If the payment method for your Attobility account is by credit or debit card and payment is not received by Attobility from the card issuer or its agents, you agree to pay all amounts due upon demand by Attobility. Each time you use Attobility, or allow or cause Attobilty to be used, you agree and reaffirm that Attobility is authorized to charge your designated payment method. Your card issuer’s agreement governs your use of your designated card in connection with Attobility, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

10.2 Cancellation and refund:

The membership fees are non- refundable. If you believe you have been billed in error for a service, please notify us within 60 days of the billing date . Attobility will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

Any requests for cancellation or account enquiries should be sent to info@attobility.com

10.3 Credit Card Details:

Credit Card Details for users are stored on our secure servers for the purposes of charging the ongoing processing or advertisement fees.

11. Your Representations and Warranties

By using this site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site. We may, in our sole discretion, refuse to offer the Attobility Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Attobility Service is revoked where this Agreement or use of the Attobility Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Attobility Service is offered only for your personal use, and not for the use or benefit of any third party.

For each piece of User Content that you submit, you represent and warrant that:

1. you have the right to submit the User Content to Attobility ;
2. Attobility will not need to obtain licenses from any third party or pay royalties to any third party;
3. the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and
4. the User Content complies with this Agreement and all applicable laws.

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Attobility Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at info@attobility.com.

12. Indemnification

You agree to indemnify, defend, and hold harmless Attobility and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to

1. your activities on the Attobility Service,
2. any User Content submitted by or on behalf of you or
3. your violation of this Agreement.

13. Suspension/Termination:

Attobility in its absolute descretion may suspend or terminate your account or membership; all or a portion of it, may delete and block any content submitted by you and may block your access to Attobility's services for re-registration, at any time if:

1. you violate any provision of these terms of Service;
2. your payment is more than 15 days overdue;
3. you engage in conduct that is a violation of any applicable law or tarrif (including, without limitation, copyright and intellectual property laws); or
4. if you engage in conduct that is threatening, abusive or harassing to Attobility employees, agents, or other Attobility users, including, for example, making threats to physically harm or damage property;
5. you engage in conduct that is harmful to the goodwill and reputation of Attobility and/or other users.

On termination or suspension, unless expressed otherwise in this agreement, all rights and authorisation granted by both parties under this agreement shall cease to exist. The obligations of parties will also cease with the following exlusions: clauses (2, 3, 5, 6, 10, 11, 12 and 13).

14. Whole Agreement:

These terms and conditions represent the whole agreement between you and Attobility concerning your use and access to Attobility’s Service. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

15. Exclusion of Unenforceable Terms:

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

16. Contact

Send Email to: info@attobility.com