INTRODUCTION

Welcome to diabeticathletic.com and diabeticathletic.com This website is owned and operated by Diabetes Performance Coaching Ltd. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This terms of service agreement covers diabeticathletic.com and diabeticlifestyleaccelerator.com

This agreement is in effect as of June 1st, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT

By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any diabeticathletic.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
 
1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Diabetes Performance Coaching Ltd., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

2. You agree to indemnify and hold harmless Diabetic Athletic, and City Bowl Fitness (Pty) Ltd, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

3. Any information supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Website is not a substitute for or constitute medical advice and it is important that medical decisions not be made without the consultation of a healthcare professional. The receipt of any questions or feedback you submit to the Company does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy.
 
 
Diabetic Athletic and City Bowl Fitness (Pty) Ltd does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.diabeticathletic.com only with permission of a parent or guardian. Plans are not recommended or intended for children or teenagers, and should only be used under the recommendation and supervision of a physician.
 
The information, resources, services, products, plans and tools available on https://www.diabeticathletic.com supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication including social media IS NOT MEDICAL ADVICE and should not be used in the diagnosis or treatment of diabetes or any other medical condition.

You are advised in the strongest possible terms to seek comprehensive advice from an appropriately qualified medical professional before engaging in any of the resources, services, products, plans and tools available on diabeticmuscleandfitness.com supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication including social media. This is particularly important where you have a serious underlying medical condition such as diabetes. Always seek approval and advice from a physician, medical doctor or other qualified health professional before embarking on a new exercise regime, diet, supplement or similar protocol.
 

DIABETIC ATHLETIC AND CITY BOWL FITNESS (PTY) LTD ACCEPTS NO RESPONSIBILITY FOR ANY INJURIES, ILLNESSES OR ACCIDENTS CAUSED BY OR ARISING OUT OF DIETARY OR EXERCISE CHOICES TAKEN BY READERS WHO HAVE NOT SOUGHT APPROPRIATE MEDICAL ADVICE PRIOR TO MAKING THOSE CHOICES.

PRIVACY

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
 

PAYMENT

You agree to pay, and authorize Diabetes Performance Coaching Ltd’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in US Dollars. Fees are non-refundable except as required by law. Diabetic Athletic and City Bowl Fitness (Pty) Ltd. is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
 

REFERENCE TRANSACTIONS

A reference transaction is a financial transaction from which subsequent transactions can be derived. PayPal Reference Transactions & Stripe Authorizations are used to make to make subsequent transactions to offer you additional offers at checkout. These offers are optional and you will be provided the option to opt-out of any after purchase offers by clicking the “No Thanks, I won’t see this offer again and I am not interested” option. After adding your payment information at checkout, you agree to allow our payment processor to store an authorization for additional payments as needed. This may include after purchase one-time offers, which you authorize us to charge using your selected payment method upon your acceptance of any additional offers.
 

DIABETIC LIFESTYLE ACCELERATOR 
 – MONEY BACK GUARANTEE AND REFUNDS

Refunds are not given because you changed your mind, found the plan unsuitable, did not have access to the required software (e.g. PDF viewer/Microsoft excel), equipment (after all, there are body-weight workouts and you could have contacted us beforehand), found the plan confusing, had a technical issue or did not like the plan in general.

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure.
Please note for all refunds on all digital programs such Diabetic Lifestyle Program, you must complete the entire program and can only request the refund after this time (i.e. 13-weeks).

In other words, refunds are given if you complete the full program and do not reach realistic goals. These terms are without exception and a refund request outside of these requirements will not be processed. You will be required to spend time reading the manuals and formulating your plan, it does require some personalization and time commitment.

In order to be eligible for a refund, you must provide proof you have followed the programs consistently over the set period of time (i.e. 13-weeks). Please appreciate the information you are purchasing has been grounded on years of academic study and thousands of dollars of educational fees. Hence the detailed pre-requisite policy for a refund.
  • Starting photos against a plain wall – Front, Side with hands on head showing sides and rear with a current dated newspaper on show.
  • Starting bodyweight.
  • Starting waist measurement.
  • ​Proof that you had confirmation from your medical and/or, health care professional team to follow the specific program, resources or advice purchased/supplied by diabeticlifestyleaccelerator.com
Every 2 weeks you are required to track the following key data,
  • Photos in exactly the same place and stance (with dated newspaper
  • The average change in Bodyweight.
  • Waist measurement.
  • ​Proof that you have implemented the decisions trees found inside the resources. Please note the changes you made to your diet and physical activity.
  • ​On-going check-ins with your medical/health care professional team
Then, repeat the above every 2 weeks for 112 days minimum

Once you have finished the 13-week program compile all the information above into dated check in folders for review and e-mail to nick@diabeticathletic.com

We will get back to you within a few hours to discuss and confirm your refund. Please note, refunds that do not conform to all the terms listed above will not be processed.

THE DIABETIC ATHLETIC 30-DAY FAT-LOSS ACCELERATOR GUIDE AND BLOOD SUGAR RESET PROGRAM – REFUND POLICY

Refunds are not given because you changed your mind, did not have access to the required software (e.g. PDF viewer/Microsoft excel), equipment (after all, there are body-weight workouts and you could have contacted us beforehand), found the plan confusing, had a technical issue or did not like the book in general.

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure.

THE RECIPE BOOK COLLECTION AND COOKBOOKS

There are strictly no refunds given for the Diabetic Athletic Recipe Book Collection for whatever reason. This is because of the low product cost and the fact that it is a digital product that can be downloaded in full.

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure. All meals were cooked and tasted multiple times between multiple individuals before publication.

Please note, the recipes will require some preparation and unusual ingredients, this is just the nature of cooking, especially this type of preparation and cooking which requires additional ingredients that you may need to order online.

The nutritional information provided on the food labels is based on generic ingredients and has been rounded in line with GUIDE TO NUTRITION LABELING AND EDUCATION ACT (NLEA) REQUIREMENTS-ATTACHMENT 6-(See more> https://www.fda.gov/ICECI/Inspections/InspectionGuides/ucm114098.htm

The scannable my fitness barcodes are as accurate as can be, but may be subject to change on MyFitness Pal.

Please note, all images, videos and pictures are for design and cosmetic purposes only, these are stock photos.

E-BOOK DELIVERY TIME

All digital products are sent to your inbox immediately. It is advised that you check you junk and promotion e-mail inboxes. If somehow, your plan has not arrived please e-mail your query and receipt to nick@diabeticathletic.com and we will send you a replacement ASAP.

Please ensure you whitelist or VIP our email address nick@diabeticathletic.com

ONLINE SERVICES – THE DIABETIC ATHLETIC ONLINE PERSONAL TRAINING PROGRAMS

No refunds are permitted for the Diabetic Athletic online coaching academy. This is an extremely strict policy given the limited number of applications. Please purchase only if you are 100% dedicated.

ALL SUBSCRIPTION FEES ARE SUBJECT TO CHANGE.

ADVERTISEMENTS AND LINKS TO OTHER SITES

Some pages on this Website may contain advertisements to associated products of external websites / links / supplements. While the Company may be compensated for such advertisement placing, the Company does not endorse or warrant any such products. You are fully responsible for researching such products on your own and determining if they are the right fit for you.

Many articles on this Website contain links to third-party websites. The Company does not endorse the content on any third-party website that this Website may link to and has no control over and is not responsible for the content on affiliated or advertised sites.

GENERAL PROHIBITIONS AND ACCEPTABLE USAGE

You agree that you will not:
Access the membership area of the site corresponding to the Diabetic Lifestyle Accelerator Program for any of these purposes:
  • Attempt to access another member’s account.
  • Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Diabetic Athletic and City Bowl Fitness (Pty) Ltd or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Diabetic Athletic and City Bowl Fitness (Pty) Ltd. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

All information stated on www.diabeticathletic.com and www.diabeticlifestyleaccelerator.com is for informational purposes only and does not constitute medical advice. BY ACCESSING THIS SITE, YOU HEREBY WAIVE DIABETES PERFORMANCE COACHING LTD. OF ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.

Diabetic Athletic and City Bowl Fitness (Pty) Ltd. does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.

COPYRIGHTS/TRADEMARKS

All content and materials available on www.diabeticathletic.com and www.diabeticlifestyleaccelerator.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Diabetic Athletic and City Bowl Fitness (Pty) Ltd., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Diabetic Athletic and City Bowl Fitness (Pty) Ltd.

You are granted a non-exclusive, non-transferable, revocable license to access and use www.diabeticathletic.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Diabetic Athletic and City Bowl Fitness (Pty) Ltd. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Diabetic Athletic and City Bowl Fitness (Pty) Ltd. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Diabetic Athletic and City Bowl Fitness (Pty) Ltd. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Diabetic Athletic and City Bowl Fitness (Pty) Ltd. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Diabetic Athletic and City Bowl Fitness (Pty) Ltd. or our licensors except as expressly authorized by these Terms.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any refunds issued will result in the revocation of your account access immediately and any files.

GOVERNING LAW

This website is controlled by Diabetic Athletic and City Bowl Fitness (Pty) Ltd. from our offices located in Cape Town South Africa. It can be accessed by most countries around the world. As each country has laws that may differ from those of South Africa, by accessing our website, you agree that the statutes and laws of South Africa, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts South Africa You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, Diabetic Athletic and City Bowl Fitness (Pty) Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COMPLETE AGREEMENT

These Terms and Conditions and the privacy policy constitute the full agreement between you and Diabetic Athletic and City Bowl Fitness (Pty) Ltd.

CONTACT INFORMATION

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at Nick@diabeticathletic.com
Terms & Conditions | Privacy Policy | Earnings Disclaimer
Copyright 2020 © Diabetic Athletic. All rights Reserved.