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Terms of Service

Miss Metabolism Pty Ltd · Last updated: 10 July 2026

These Terms of Service govern your use of www.missmetabolism.com.au and, together with the 28-Day Program Agreement set out below, the coaching and products provided by Miss Metabolism Pty Ltd. Please read them carefully. By accessing the site or purchasing from us, you agree to be bound by these Terms.

Miss Metabolism Pty Ltd (a NSW corporation)
Email: [email protected]
www.missmetabolism.com.au
Physical address for mail (no in-person visits): 1/56 Hudson St, Hamilton NSW 2303, Australia

1. Agreement to these terms

This website is operated by Miss Metabolism Pty Ltd. Throughout this site, the terms "we", "us", and "our" refer to Miss Metabolism Pty Ltd. We offer this website, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these terms and conditions ("Terms of Service", "Terms"), including the additional terms, conditions and policies referenced herein. These Terms apply to all users of this site. Please read them carefully before accessing or using our website. If you do not agree to all of these Terms, then you may not access the website or use any services.

Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

2. Expected results

The experiences of others found on www.missmetabolism.com.au in no way reflect a guarantee of results. These testimonials represent individual successes but are in no way an example of the expected result for all individuals. Not all customers will achieve the same results as those found in personal testimonials; such testimonials are exceptional successes and are not to be mistaken for typical results. Any specific results guarantee we offer is set out separately in our Results Guarantee terms and is conditional on the adherence requirements described there. Results from any Miss Metabolism Pty Ltd product or service depend on the Participant’s own consistent effort, adherence, and implementation of the coaching provided. We provide the system, the plan, the products and the coaching; the Participant is responsible for doing the work.

3. General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

4. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information.

5. Modifications to the Service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. Products or services

Certain products or services may be available exclusively online and may have limited quantities, and are subject to our Refund & Cancellation terms below. We have made every effort to display our products as accurately as possible but cannot guarantee that your display of any colour will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit quantities. All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services or information purchased or obtained by you will meet your expectations.

7. Accuracy of billing and account information

We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, household or order. You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account information (including email address, credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed.

8. Optional tools & third-party links

We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge that we provide access to such tools "as is" and "as available" without warranties of any kind, and we shall have no liability arising from your use of them. Third-party links on this site may direct you to third-party websites not affiliated with us; we are not responsible for their content or accuracy and are not liable for any harm or damages related to them. Please review the third party’s policies before engaging in any transaction.

9. User comments, feedback and submissions

If you send us creative ideas, suggestions, proposals, or other materials ("comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation for them, or to respond to them. You agree your comments will not violate any right of any third party or contain unlawful, abusive or obscene material, and that you are solely responsible for any comments you make.

10. Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

12. Prohibited uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules, laws or ordinances; (d) to infringe our or others’ intellectual property rights; (e) to harass, abuse, harm, defame or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track others’ personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

13. Disclaimer of warranties; limitation of liability

We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you are (except as expressly stated by us) provided "as is" and "as available", without any representation, warranties or conditions of any kind, except to the extent such warranties cannot be excluded under applicable law, including the Australian Consumer Law.

In no case shall Miss Metabolism Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost data or replacement costs, arising from your use of the Service or any products, to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless Miss Metabolism Pty Ltd and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

15. Severability, termination & entire agreement

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions. These Terms are effective unless and until terminated by either you or us. If you fail, or we suspect you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to the date of termination. These Terms constitute the entire agreement between you and us and supersede any prior agreements.

16. Governing law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales.

17. Contact

Questions about these Terms of Service should be sent to us at [email protected].

28-Day Program Agreement

Miss Metabolism Pty Ltd strives to provide the greatest possible experience for all participants, and the following outlines the terms and conditions of the 28-Day Program (the "Program"). This Product and Service Use Agreement ("Agreement") is entered into by and between Miss Metabolism Pty Ltd, a NSW corporation, and the individual participant ("Participant", "you").

Your responsibility for results

This is the most important part of this Agreement, so please read it carefully. The Program works, but only when it is followed. You acknowledge and agree that:

  • (a) Your results depend on your own consistent effort, adherence and implementation of the coaching provided, and not on Miss Metabolism Pty Ltd alone. We provide the system, the plan, the products and the coaching; you are responsible for carrying them out.
  • (b) Partial participation, inconsistent effort, or failing to follow the coaching will materially reduce or prevent results, and any such shortfall is your responsibility and not a deficiency in the Program.
  • (c) Any results guarantee offered by Miss Metabolism Pty Ltd is expressly conditional on you achieving and documenting at least 90% adherence for the full duration of the Program. "Adherence" includes following your prescribed meals, sending photos of your meals, providing proof of your workouts, submitting your check-ins and statistics, and maintaining communication with us, as set out in our Results Guarantee terms.
  • (d) The burden of demonstrating adherence rests with you. Adherence is measured using the tools and check-ins we set up together. If you do not provide this evidence, or your documented adherence falls below 90%, any results guarantee does not apply.
  • (e) To the extent permitted by law, dissatisfaction that arises from your own non-adherence, partial participation, or failure to follow the coaching is not a failure of the Program or a deficiency in our services, and does not of itself entitle you to a refund.
  • (f) Nothing in this section limits any rights you have under the Australian Consumer Law that cannot be lawfully excluded.

Intellectual property

This Program has been developed by utilising years of education, experience and application, including Bachelor degrees, certificates, diplomas and years of professional experience. This intellectual property, including but not limited to "The Fat Loss Protocol", nutrition plans, recipes and use of supplements, is what makes our service distinct. By agreeing to these Terms, you (the Participant) agree not to share, disclose, or disseminate any proprietary or intellectual property belonging to Miss Metabolism Pty Ltd. This includes intellectual property you access via mobile applications, website links, services, or interactions, and you agree to uphold the confidentiality of such information in perpetuity. The Participant authorises Miss Metabolism Pty Ltd to collect the total Program cost outlined below and as discussed on the phone call the Participant scheduled.

Section 1. Health & wellness

The Participant agrees to consult a medical professional prior to using any product or service provided in the Program. You acknowledge that Miss Metabolism Pty Ltd is not responsible for verifying or obtaining medical clearance and you assume all responsibility for ensuring that use of any product or service is medically appropriate for you:

  • (a) You understand and agree that any Miss Metabolism Pty Ltd product or service is for informational and educational purposes only.
  • (b) None of the content or services provided are meant to diagnose, treat, alleviate or relieve any medical or health condition, nor guarantee any particular outcome or result.
  • (c) The products or services provided are not a substitute for advice provided by your doctor or other healthcare professional.
  • (d) You agree you have been cleared to proceed by a doctor or other healthcare professional before adopting any advice or content using any Miss Metabolism Pty Ltd product or service.
  • (e) Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read or been told during the Program.
  • (f) Under no circumstance should you use or proceed with any Miss Metabolism Pty Ltd product or service when pregnant, planning to become pregnant, or breastfeeding.
  • (g) You understand that failure to do any of the above may result in adverse health consequences.

Section 2. Program content

  • (a) The Program education and information is intended to lose body fat while keeping a balanced diet using our meal/nutrition plan. This is not a quick fix, and lifestyle changes are necessary for results.
  • (b) Content is designed around: 1) calorie intake; 2) calorie expenditure; 3) daily habits.
  • (c) The scope of work you are agreeing to encompasses a range of tasks, including but not limited to meal preparation and managing and calculating caloric intake.
  • (d) The Program content is for individual use only and may not be sold, recorded, shared, taught, given away, or otherwise divulged without the express written consent of Miss Metabolism Pty Ltd.
  • (e) The information contained in the Program material is strictly for educational purposes.
  • (f) If you wish to apply (or not apply) the ideas, concepts and teachings contained in this material, you take full responsibility for your actions, and you agree that your success with the Program is dependent on your willingness to follow the steps outlined by Miss Metabolism Pty Ltd for the complete duration of the Program.
  • (g) You agree to take full responsibility for executing the prescribed tasks. Any results are dependent on at least 90% adherence to the Program, including but not limited to the daily action steps, providing stats, food images, tracking relevant food intake, and consistent workouts for the entirety of the Program.
  • (h) Miss Metabolism Pty Ltd assumes no responsibility for errors or omissions that may appear in any Program materials.

Section 3. Confidential information

We respect your privacy and you must also respect the privacy of fellow participants. All information, ideas, achievements, and challenges ("Confidential Information") must be considered confidential. You agree:

  • (a) That any Confidential Information shared by participants or any representative of Miss Metabolism Pty Ltd is confidential and proprietary, and belongs solely and exclusively to the party who discloses it.
  • (b) That all materials and information provided to you by Miss Metabolism Pty Ltd are confidential and proprietary intellectual property belonging solely and exclusively to Miss Metabolism Pty Ltd, and may only be used by you as authorised in writing.

Section 4. Non-solicitation

You (the "Participant") agree, for the benefit of Miss Metabolism Pty Ltd, that during or after the Program you will not directly:

  • (a) Compete with Miss Metabolism Pty Ltd to provide the same or similar services which we provided, within 12 months of finishing the Program.
  • (b) You acknowledge the intellectual property associated with the Program, including The Fat Loss Protocol and subsequent meal/nutrition plan, is a key component of the Program’s value.
  • (c) You agree not to replicate, reproduce, distribute, or disclose any aspect of the intellectual property without the express written consent of Miss Metabolism Pty Ltd.

Section 5. Participation terms

Miss Metabolism Pty Ltd is committed to providing all participants with a positive experience. We may, at our sole discretion, limit, suspend, or terminate your participation in any of our programs (live, recorded, or digital) without refund. You agree not to:

  • (a) Impair the participation of, or be aggressive toward, any of our employees, contractors, clients, or participants.
  • (b) Reproduce, distribute, or sell any material or intellectual property included in the Program.
  • (c) Miss Metabolism Pty Ltd is committed to providing quality coaching; however, general results take commitment and lifestyle changes that are dependent on the Participant. Whether a Participant does or does not implement our advice is out of our control. Any specific results guarantee is governed separately by our Results Guarantee terms and conditional on the adherence set out there.
  • (d) Past results from previous clients are not indicative of future results. You agree that all Program sales are final (outside of Australian Consumer Law) and non-transferable.
  • (e) You acknowledge that the supplement products are manufactured by a third party, and Miss Metabolism Pty Ltd makes no representations or warranties regarding the quality, safety, or fitness for a particular purpose of the products; any claims or disputes related to the products shall be directed to the third-party manufacturer.
  • (f) You agree to defend and hold harmless Miss Metabolism Pty Ltd, its directors, employees, and coaches from any claims, losses, liabilities, damages, costs, and expenses arising out of or related to your use of the product and service.
  • (g) In the event of an emergency, life event or extenuating circumstances including injury, hospitalisation or death of a relative, you may pause the Program for up to 6 months.
  • (h) You agree and accept that this Program and its results are based on calories consumed and nutrition. Recommendations and coaching from Miss Metabolism Pty Ltd are results-driven, meaning a Participant must be coachable and understands results require thorough and consistent work and effort.
  • (i) Coaching recommendations can entail activities that diverge from personal preferences, such as adjusting food intake beyond your accustomed level or modifying exercise routines to a greater or lesser extent than initially desired. These adjustments are strategically tailored to optimise outcomes.

Section 6. Program guidelines & payment terms

  • (a) You hereby authorise Miss Metabolism Pty Ltd to collect the total Program cost.
  • (b) You acknowledge that 80% of the total cost of the Program is attributed to the intellectual property of The Fat Loss Protocol, the supplement box, and intellectual property (including meal/nutrition plans, proprietary systems, methodologies, and research). The remaining 20% covers the custom meal plan and coaching provided. Payments may be made via credit or debit card, ACH, wire transfer, or PayPal.
  • (c) You consent, verbally and electronically, to having these charges automatically charged to your credit or debit card.
  • (d) We require an 80% non-refundable deposit to cover the start-up cost of setting up software accounts and the individual contractors we remunerate to create the Program (including exercise and sport scientists, nutritionists, graphic designers, software fees and I.T. services), which incur within the first hour after our initial phone call. You understand that 80% of the coaching/services provided is completed in the first 3–5 business days after the purchase date. The payment is not split into instalments, as each phase and step of the Program is not equal in time or energy.
  • (e) You authorise Miss Metabolism Pty Ltd to collect payment in full on any and all credit or debit cards provided by the Participant.
  • (f) You determine which payment method is preferred and are responsible for informing Miss Metabolism Pty Ltd of this preference at least two (2) business days prior to the payment due date.
  • (g) All payments must be made on time. If payments are not made on time, Miss Metabolism Pty Ltd reserves the right to remove you from the Program.
  • (h) You confirm you have fully consented to Miss Metabolism Pty Ltd processing payment on several occasions, including when scheduling your initial call, verbally on the call, in the Welcome Email, and when setting up your coaching app.

Section 7. Testimonial discount

Where a "Testimonial Discount" is provided: the Program has limited capacity due to the personalised attention and resources allocated to each Participant. By extending the Testimonial Discount, we allocated a spot that could otherwise have been extended to another participant at full price.

  • (a) Provision of the discount without completion of the Program results in the forfeiture of our ability to charge full price to another prospective customer and prevents us from receiving a testimonial and promotional material, representing a lost opportunity both monetarily and for future marketing.
  • (b) The Participant recognises and agrees to the broader implications of the discount on Program availability and the opportunity lost to service another potential participant.
  • (c) Because of this discounted opportunity, the Participant agrees to give a testimonial interview/video to Miss Metabolism Pty Ltd in exchange for the agreed discount, allowing any interaction (including videos, photos, Zoom calls and messages) to be used for promotional purposes in exchange for the discounted rate.

Section 8. Refund policy

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms attempts to modify or exclude the conditions, warranties and other legal rights under the Australian Consumer Law.

Change of mind and non-adherence. Subject to your rights under the Australian Consumer Law, the Program is a personalised service that begins as soon as your plan is created and your coaching commences, and a substantial portion of the work and cost is incurred in the first 3 to 5 business days after purchase. We do not provide refunds for change of mind, or where dissatisfaction arises from your own non-adherence, partial participation, or failure to follow the coaching provided.

Chargebacks. If you believe there is a billing error or have any concern about a charge, you agree to contact us first at [email protected] so we can resolve it. You agree not to initiate a chargeback, payment dispute or reversal in respect of services that have been provided, or where the conditions of any results guarantee have not been met. Initiating a chargeback in breach of these Terms is itself a breach of this Agreement, and, to the extent permitted by law, you agree to reimburse us for the amount charged back together with any fees and reasonable costs we incur in responding. Nothing in this clause affects your rights under the Australian Consumer Law.

Faulty or defective products: if you receive a product that is faulty or defective, we will gladly replace the item. Please contact [email protected] within 3 business days of receiving the box, with clear photographs of the faulty product, to initiate the replacement process. Where a product is unavailable, we will refund the cost of the faulty supplement or provide a replacement.

Section 9. Right to use name & likeness

  • (a) You consent to the use of your name and content (testimonial and results), in whole or in part, for publication or reproduction in any medium, including public relations, education, advertising, training and research.
  • (b) Your consent extends to such use without restriction or limitation as to time or geographic boundary.
  • (c) You waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any such materials, regardless of the purpose of such use or publication.
  • (d) You understand that Miss Metabolism Pty Ltd owns all rights in and to any results, recording or testimonial, including any copyright and/or trademark relating to such use. We will not sell or give your information to any individual or company.
  • (e) Governing law: these Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and waives any right to object to proceedings being brought in those courts.

Contact

For any questions and notices relating to this Agreement, please contact us at Miss Metabolism Pty Ltd, email [email protected].

Last updated: 10 July 2026. Miss Metabolism Pty Ltd. Contact: [email protected].