TERMS AND CONDITIONS FOR CONSUMERS6 January 2025
Welcome to SUGARSPIKE.AU, operated by Queensland Medical Specialists Pty Ltd with company registration number ACN 168 968 867, and its principal office at Unit 1, 63 Fawkner Street, Chapel Hill QLD 4069. 
These Terms and Conditions establish the rules and guidelines for using the Services offered by us, including access to our mobile application, website, and any other features, tools, or software provided by us in Australia.
By accessing or using our Services, you are entering into a binding agreement with us, which includes these Terms and Conditions (“Terms”). Additional terms may apply to specific features, offers, or promotions associated with our Services, and you agree to adhere to those additional terms in conjunction with these. If you do not agree, please do not use our Services.
If you require these Terms in an alternative format due to accessibility needs, please contact us at infor@sugarspike.au 
Important Disclaimer:
Our Services, including any associated applications and tools, are intended solely for informational and wellness purposes. They do not provide medical advice or replace consultation with a healthcare professional. You should always consult your physician or another qualified healthcare provider regarding any medical conditions or concerns. Please review our warnings section for further guidance.
Possible side effects include pain at the site of the application, local skin reaction, etc. Should any of these arise, users should seek advice from their local doctor.
We may process sensitive and personal information to deliver our Services effectively. For details on how your data is handled and your rights, please refer to our Privacy Policy.

Our Service

We provide various service plans, which are outlined in detail at the time of your order. For the purposes of these Terms, these plans are collectively referred to as "our Services"

Testing and Membership

Testing:
Before using our services, you will have to record the information about your diet and health through our website and mobile application. 
Membership:
You will maintain access to our app, which will offer several features, including:Nutritional information for various foods and recipes.
The ability to continue logging your diet and health, helping you sustain progress toward your nutrition-related goals.
Access to member communities where you can engage with others.

To begin, you will need to create an account on our website or app and complete an initial questionnaire to provide information about your diet and health. Any information you input is referred to as "Self-Reported Health Information."
Continuous Glucose Monitoring Device Disclaimer

The Continuous Glucose Monitoring (“CGM”) device is supplied by Skin Tech Limited (Hong Kong). We provide only the mobile application and software to read the CGM data. We are not responsible for any aspect of the CGM device supplied by Skin Tech Limited.
Intended Use

Our CGMs and Services are intended for non-diabetic individuals seeking to improve dietary habits and manage glucose levels as part of a weight-loss or wellness plan. This product is not suitable for diabetics and must not be used for managing, diagnosing, or treating any medical condition.
Eligibility

In order to use our Services, you must meet the following eligibility criteria:You are at least 18 years of age.
You are not pregnant.
You have not had a heart attack (myocardial infarction), stroke/transient ischemic attack, or major surgery in the last two months.
You have a body mass index (BMI) of at least 16.5 kg/m2.
You can safely eat a gluten-free and vegan meal. (Meals may contain traces of these and other allergens, as they are prepared in a kitchen handling other ingredients).
If you are being treated for chronic medical conditions (such as eating disorders), you have checked with your treating physician that this product is safe for you. Diabetic individuals are strictly excluded from using our Services.

You may not use our Services unless you meet these eligibility criteria.
Please also note that our Services are not designed to support people suffering from eating disorders and any type of diabetes.
Fees and charges:
Our Services are charged separately for testing and membership, even if offered together.
A fixed fee is charged for testing, which will be detailed when you make your purchase. This is typically a one-time payment made at the time of order.
Membership fees are subscription-based, typically billed every month. The specific fees, payment dates, and intervals will be provided when you make your purchase.
Occasionally, we offer alternative subscription models, and the terms of those will be made clear at the time of your purchase.
For transparency, we pay third-party laboratories to perform the tests. The latest information about this can be found in our FAQs.

How ordering works

You place an order for our Services through our website or mobile application. When you order our Services, you will be given a number of alternatives including how frequently your membership will automatically renew (e.g. 4-months or 12-months) and the frequency with which you will be making payments.
We reserve the right to accept or reject orders for any reason, including because you do not meet our eligibility criteria. The price of our Services is indicated when you made your purchase. Later on, we may change the price for subsequent automatic renewals by giving you advance notice. See the fees and charges section for information about price increases. 
If we accept your order, we will send you an acceptance email, at which point a contract will exist between us under the terms set out on this page.
Payment Methods

To use our Services, you must provide a valid payment method. You authorize us to charge this payment method for subscription fees. If your primary payment method is unavailable (e.g., expired, or insufficient funds), we may charge an alternate payment method associated with your account. You are responsible for ensuring sufficient funds and resolving any declined payments.
If a payment is unsuccessful and you do not cancel your subscription, we may suspend access to the Services until a valid payment method is provided. Note that your payment provider may charge fees, such as foreign transactions or processing fees, depending on your location or payment method.
How We Accept Payment


Card Payments: We may collect payment directly from you or use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account (your “Billing Account”).
Payment processing by the Payment Processor is subject to their own terms, conditions, and privacy policies, in addition to our Terms. We are not liable for any errors made by the Payment Processor. By using our Services, you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to pay using the selected Payment Method and authorize us to correct any errors or mistakes, even if payments have already been requested or processed.
Payment Method: Your payment terms will depend on the agreement between you and your chosen financial institution or credit card issuer. If the Payment Processor does not receive your payment, you agree to pay any outstanding amounts on your Billing Account upon request.
Up-to-Date Information: You must provide current, accurate, and complete information for your Billing Account when you place your order. You represent and warrant that you are authorized to use the selected payment method. You must keep your information up-to-date and notify us promptly of any changes (e.g., billing address, credit card number, expiration date), or if your payment method is canceled or compromised. If you need to update this information, please contact us via chat or email. Failure to provide accurate information may result in us continuing to charge you for any unpaid fees under your Billing Account. You agree that we may share your payment details with our Services providers to facilitate payment processing. All charges include applicable sales tax.

Membership Cancellation

You can cancel the automatic renewal of your subscription at any time. While you will be charged for the remainder of your subscription, you may continue to use the service until the end of the subscription period.
How to Cancel

To cancel your subscription renewal, you can use the Membership section in the website or mobile application or email us at info@sugarspike.au Navigate to ‘Settings’ > 'Account settings' > 'Membership' to cancel. 
Free Access

Access to our website and mobile application is provided during your membership, though we may, at our discretion, allow continued access after your membership expires. This continued access is without commitment and may be terminated at any time.
Waiver of Rights

You understand that you will not receive any form of compensation (e.g., cash or equity) for samples or data you provide, whether used for research or commercial purposes. By sharing any sample or information, you acknowledge that you hold no rights to any resulting products or research, and will not be compensated.
Customer Representation

By using our Services, you agree to the following:You are 18 years or older and have the capacity to enter into a contract.
You are eligible to use our Services.
Any sample you provide is your own.
You are responsible for the consequences of sharing your test results or health information.
You understand that you do not acquire ownership or rights to any products resulting from your data.
You have the legal authority to provide these representations. We may suspend or terminate your account if any representation is breached.
You will not use our Services to violate any third-party rights or laws.
You will adhere to our guidelines and ensure any content you post is legally owned by you.

Warnings and Possible Risks

Please be aware of the potential risks:A small risk of infection remains when the sensor is applied to the skin and inserted beneath the surface.
Our Services may not always provide 100% accurate descriptions or results.
Your health conditions may not improve or could worsen.
Some survey questions may be uncomfortable for you or your family.
You may discover health information that leads you to seek advice from a healthcare professional. We are not responsible for outcomes that occur afterward.
You may experience strong emotions upon receiving certain information, such as anxiety or worry.

User Content

Some features of our Services may include functionality that enables you to submit or post material to be viewed by other users, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, food data, photos, and videos. All of these are referred to as “user content.”
You are solely responsible for all user content that you submit or post. We reserve the right, at our sole discretion, to screen, reject, retain, or remove any user content, or any part of it, including redacting content as deemed necessary. Furthermore, we may disclose any user content if required to do so by applicable law, regulation, legal process, or governmental request. We have no obligation to preserve user content and may, at any time, delete or otherwise dispose of all existing user content. If you wish to preserve your user content, it is your responsibility to make copies of it.
In using our Services, you agree not to post any user content that:is false, deceptive, misleading, unlawful, libelous, defamatory, obscene, pornographic, abusive, or otherwise objectionable;
would constitute, encourage, or provide instructions for a criminal offense or violate any rights or laws;
constitutes medical advice or guidance;
infringes any intellectual property rights (patents, trademarks, copyrights, etc.);
impersonates another person or entity, or misrepresents your affiliation;
contains private or confidential information of any third party (e.g., addresses, phone numbers, or credit card details);
contains harmful components like viruses or malware;
exposes us to harm or liability;
harasses or intimidates others based on religion, gender, sexual orientation, race, etc.;
disrupts or impairs the functionality of our service.

By submitting user content, you grant us and our affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, freely transferable, and sublicensable (through multiple tiers) non-exclusive right to use, reproduce, modify, publish, publicly display, distribute, and create derivative works from your content. This is done for any purpose connected to the operation, promotion, and development of our Services.
You represent and warrant that:you own or control the rights to the user content and have the right to post it;
the content is accurate and not misleading;
distributing the content does not violate these Terms or cause harm to others.

You also waive any moral rights in your user content.
Zero Tolerance to Harassment

We reserve the right to immediately terminate its agreement with you and deny access to your account if you engage in any form of harassment, intimidation, or inappropriate behavior toward any member of our staff, service members, or any other individuals you come into contact with via the service.
Unlawful and Prohibited Use Policy

By using our Services, you agree not to engage in activities that are unlawful or prohibited by these terms. This includes, but is not limited to, the following actions:Re-selling, copying, modifying, or creating derivative works of the service or content.
Distributing or publicly displaying any part of our content without permission.
Using automated tools to gather data from the service, including web scraping or data mining.
Impersonating others or misrepresenting your affiliation with us or any third party.
Uploading or transmitting content that violates intellectual property rights or personal privacy.
Interfering with, damage, or disrupt the Services or other users' experience.
These restrictions are in place to protect the integrity of the service and the rights of other users.

Intellectual Property

Trademarks: All of our trademarks, service marks, logos, domain names, and brand features are owned by us or our affiliates and licensors. These Terms do not grant you any rights to use any of our trademarks for any purpose unless expressly authorized in writing. You agree not to display or use our marks in any manner without permission.
Software: The software, content, data, images, and other materials provided by us (including our website and mobile application) are protected by intellectual property laws.
Your rights to use our software are governed by these Terms. You may not copy, modify, create derivative works of, or attempt to reverse-engineer our software unless explicitly authorized. You agree not to access our Services using methods other than those provided by us, nor to use modified versions of the software.
License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the service and materials.
This license remains in effect until terminated by either you or us. You agree to use our Services solely for personal, non-commercial purposes and may not redistribute or transfer it for any commercial use.
Copyright Infringement: We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been infringed under the Copyright Act, you may submit a formal notice to us with the following information:A signature of the copyright owner or an authorized representative of the copyright owner.
Identification of the copyrighted work that has been infringed.
Identification of the allegedly infringing material and the location of such material on our service (e.g., the specific URL).
Your contact details, including address, phone number, and email address.
A statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

Notices should be sent to our designated copyright agent at QMS, at info@sugarspike.au  We reserve the right to remove content that is alleged to infringe copyright without prior notice.
Warranty and Disclaimers: We provide this service for educational, informational, and general wellness purposes only and do not replace medical advice. Our Services are not intended to diagnose, treat, or provide medical care. For health-related concerns, always consult with a qualified healthcare provider.
As-Is Service: Our service is provided "as is" and "as available," without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our Services will be uninterrupted or error-free, nor do we guarantee that the service is free from viruses, malware, or other harmful components. You use our Services at your own risk and are responsible for ensuring that you implement appropriate security measures to protect against potential threats.
Registration and Use

To access certain features, you must create an account and provide accurate information. You are responsible for securing your account credentials and must notify us immediately of unauthorized access.
Subscriptions and Fees

Services are offered through subscription plans. Fees are non-refundable, and subscriptions automatically renew unless canceled before the renewal date. Payment terms and details are outlined on our website.
Auto-Renewal and Cancellation

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You can cancel your subscription anytime through your account settings or as otherwise specified by us. If you do not cancel in time, your subscription will automatically renew, and the payment method on file will be charged for the next billing period.
Cancellations of auto-renewal take effect at the end of the current billing cycle, and you will continue to have access to our Services until that time. Payments are non-refundable, and no credits or refunds will be issued for unused portions of a subscription period. If you choose to cancel, your account will automatically close at the end of the current billing cycle.
Once you begin using our Services, you accept full responsibility for completing them as outlined. Should you cancel before completing the Services, fees will not be refunded. We are not responsible for any health outcomes resulting from incomplete use of the Services. We may terminate, restrict, or limit your access to our Services at any time if, in our sole discretion, we determine that you have misused the Services or breached these Terms.
Changes to Pricing and Subscription Plans

We reserve the right to modify our subscription plans and prices. Any changes will be communicated at least 30 days before they take effect.
No Doctor-Patient Relationship and Not Medical Advice

The results we provide are for informational purposes only and should not be interpreted as medical advice. We are not a licensed healthcare provider, and our Services do not establish a doctor-patient relationship.
The test results, insights, recommendations, or other information you may receive from us are not intended to independently diagnose, treat, or prevent any medical condition or disease. These insights should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment. Any health-related information provided by us should be verified with a qualified healthcare professional before making any decisions.
We encourage you to seek the advice of your physician or another healthcare provider if you have concerns about your health or if you intend to make significant changes based on the results. If you are pregnant, have food allergies, are taking prescription medication, or are following a therapeutic diet for managing a medical condition, it is crucial to consult with your physician before using our Services. In case of a medical emergency, you should immediately seek emergency medical assistance.
Our Services, including any insights and data, should not be interpreted as diagnostic tools or recommendations for treatment. If there is any conflict between the information provided by us and the advice from your healthcare provider, you should follow your healthcare provider’s guidance.
Communities Disclaimer

Our communities allow users to interact with other members and coaches in discussion groups. While these groups are moderated by our Coaching team, it is important to note that the coaches are not licensed medical professionals and cannot provide medical advice.
The information shared by other members of the community may vary in accuracy, and we do not assume responsibility for any health-related advice or recommendations shared by other participants. If you come across information in a discussion group that pertains to your health, it is essential to consult with a licensed healthcare provider to verify its relevance and accuracy.
We encourage all participants in the community to follow guidelines for respectful interaction and to refrain from giving or receiving medical advice in the groups. Any advice given by our member is not a substitute for, nor should it be considered an alternative to, professional medical diagnosis or treatment.
Your Account and Responsibility

When you create an account, you are required to provide accurate and complete personal information. You are solely responsible for maintaining the confidentiality of your account and password. Any activity that occurs under your account is your responsibility, and you should promptly notify us if you suspect unauthorized use of your account.
You must also ensure that your email address associated with the account is valid and can receive communication from us. We are entitled to assume that any email sent to your address has been received by you unless you notify us of any issues with your email address.
If you need someone else to access your account on your behalf due to a disability or illness, you may provide them access, but the account is for your personal use only.
Research

We conduct research in the fields of nutrition, health, and wellness, and your data may be used for such purposes with your consent. Participation in research studies is optional and will not impact your membership. If you are invited to participate in any studies, you will be provided with complete information about the study, and your participation will be voluntary.
You also consent to the use of your health data for research purposes as outlined in our  Privacy Policy.
You may revoke your consent for research at any time, and this will not affect any prior use of your information.

Termination

We reserve the right to terminate your access to our Services if you breach these terms or if required by law. If we terminate your membership for reasons unrelated to your actions, you will be refunded on a pro-rata basis for any unused membership period.
Termination of your account will result in the loss of access to the service and any related content. We may also take necessary steps to prevent unauthorized use of its service after termination.
Termination does not affect your obligations prior to the termination date, including any applicable fees or responsibilities.
Liability and Disclaimers


Services, including the CGM and related software, are provided "as-is" without guarantees of accuracy or outcomes.
Responsibility: Skin Tech Limited (Hong Kong) is solely responsible for the CGM device. We disclaim all liability for issues arising from the use or performance of the CGM.
Non-Diabetic Use Only: Using our Services while managing a medical condition such as diabetes constitutes misuse and releases us from any liability.
Service Availability

While we aim to provide continuous access to our website, mobile application, and Services, interruptions may occur due to maintenance, technical issues, or other unforeseen circumstances. We are not responsible for such interruptions or any related issues that may limit access to the Services.
If prolonged service interruptions are expected, we will notify you through appropriate communication channels whenever feasible.Exclusive Distributorship
We have been granted the right to distribute the products in Australia and New Zealand. In addition to these exclusive territories, we are also authorized to distribute the products in other regions, including but not limited to India, the United States, and the European Union (EU).Privacy

By using our Services, you agree to the collection, use, and sharing of your personal and health information in accordance with our Privacy Policy. Information may be processed overseas, and we are committed to complying with applicable privacy laws.
Returns

Refer to our Returns Policy for conditions under which products or subscriptions may be returned or canceled. Users are entitled to a refund in accordance with Australian law. However, a refund for the CGM cannot be given once the deal is opened and the CGM is applied to the skin.
Dispute Resolution

Any disputes arising from these Terms will first be addressed through direct negotiation. If unresolved, they will be governed by the laws of Australia, and disputes will be resolved in Australian courts.
Termination

We reserve the right to terminate or restrict your access to our Services if you breach these Terms or misuse the platform.
Contact Us

For questions or concerns: