Website Terms and Conditions:

Welcome to the Jenny Craig Website ("Site"). Access to this Site is subject to the following conditions. By using the Site, you agree to comply with these Terms and Conditions and to indemnify Jenny Craig against any claims by third parties arising from your violation of these terms and conditions. If you do not agree to any of the conditions, please discontinue your access.  If you do not comply with these Terms and Conditions at any time, we reserve the right, if applicable, to cancel or terminate your password, user account, and/or access to this Website (or any part thereof).

Usage of website content

Copyright ©2009, Jenny Craig Weight Loss Centres Pty Ltd ABN 61 006 109 842, 468 St. Kilda Rd Melbourne 3004, Australia ("Jenny Craig"). This Copyright notice, unless otherwise noted, applies to all proprietary pages, product names, design, images, photographs, videos, text, words or phrases, and other material ("Content") available throughout the Site as trademarks, service marks, trade names or other property of Jenny Craig. The JENNY CRAIG trademark on this Site is owned by Société des Produits Nestlé S.A., Vevey, Switzerland. All other unregistered and registered trademarks are the property of their respective owners.

When Content of the Site is downloaded to your computer, you do not obtain any ownership in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, print of any Content or publication on any other website or networked computer environment, is strictly prohibited unless authorised in written by Jenny Craig.

Website Content

Without notice changes, movements, or deletions are made to the Content contained of the Site. Jenny Craig assumes no responsibility for and disclaims all liability for any errors or omissions on the Site or in related websites, which may be discovered through this Site. The Site contains links to other web sites. Jenny Craig is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness. The inclusion of any linked websites on the Site does not imply approval or endorsement of the linked content by Jenny Craig. If you decide to leave our Site or access third-party sites, you do so at your own risk.

Acceptable usage

In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only access the Site for lawful, personal and non-commercial use provided that you may not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Site except as authorised in writing by Jenny Craig. You may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:

• Use the Site in violation of any law or regulation governing Jenny Craig's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
• Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
• Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
• Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, orwrongful publication of private information.
• Post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
• Introduce viruses, Trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
• Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
• Assist or permit any person to engage in any of the activities described above.

Forum Postings

If you decide to become a forum user of our Site, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update your user information to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Site. You agree not to assign, transfer or sublicense your rights as a forum user of this Site.

All Forum communications are public and not private communications. Jenny Craig may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, Jenny Craig is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Jenny Craig will cooperate with law enforcement or a court order requesting or directing Jenny Craig to disclose the identity of anyone posting any information or material prohibited by these Terms and Conditions. Jenny Craig may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Jenny Craig, its clients, or the public.

Forum Conduct

You agree not to use the Site to do, or attempt to do, any of the following:

• Upload, post, email or otherwise transmit any Content or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
• Harm, wrongly influence or threaten children in any way;
• Impersonate any person or entity, including, but not limited to, a consultant, centre leader, program director, employee, or representative of Jenny Craig, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us or any other person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting or other materials transmitted to, on or through the Site;
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the forum (or other portion of the Site) are able to type, or otherwise act in a manner that negatively affects other users' ability to use the forum;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, terms, conditions or regulations of networks connected to the Site;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any law and/or regulations having the force of law;
• "Stalk" or otherwise harass another user of the Site or employee of Jenny Craig or any of our Affiliates; or
• Collect or store personal data or attempt to collect or store personal data about other users of the Site.

Refunds

All requests for refunds must be made to Jenny Craig At Home by calling 1300 858 198. Jenny Craig At Home will endeavour to process all refunds within 30 days. Food cannot be returned or refunded after it has left the Jenny Craig At Home warehouse.

Membership Refunds will be provided in the following circumstances:

Cooling off period
A cooling off period of 5 days from the date of purchase is available for memberships over $50. Application for refund can be made by calling Jenny Craig At Home on 1300 858 198 at any time up to 5pm on the fifth day following the date of the membership purchase transaction. All non-food products associated with the membership must be returned to:Jenny Craig At Home Level 10A Atherton Road Oakleigh VIC 3166 unused, with packaging intact, within the 5 day cooling off period. If any non-food products are not returned within this period, the price of those products will be deducted from the membership refund.

Pro Rata Refunds

Medical Condition
A pro rata refund is available when a member has been diagnosed by their doctor with a medical condition where it would be detrimental to continue the Jenny Craig program and this is substantiated by a medical certificate. A pro rata refund will also apply if the Jenny Craig Medical Advisory Board determines that a member’s medical circumstances cannot be accommodated on the Jenny Craig program.

Relocation
A pro rata refund is available if a member relocates to an address which is not within the Jenny Craig At Home delivery area, and a correspondence program from the clients nearest Jenny Craig centre is not considered to be suitable by the member.

Death
If a member with a current membership dies, then a pro rata refund is available to their executor.

Subscription and payment via Site for products and services

If you decide to become a subscriber by registering through our Site to purchase any of our products or services, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update your user information to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Site.

We may request personal information, including your name, address, email address, telephone number, birth date, health information and billing and credit card information.

Comments, Feedback, and other Submissions

When, at our request, on your own behalf or by use of our Site you disclose, submit, or offer any information, photos, videos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles, stories and other material ("Comments") about yourself or your weight loss on or by this Site these Comments will remain Jenny Craig's property. Except as provided in our Privacy Policy, none of the Comments shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Comments.  Such disclosure, submission, or offer of any Comments shall constitute an assignment to Jenny Craig of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments.  Thus, Jenny Craig will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jenny Craig is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

You agree that Jenny Craig may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Jenny Craig may use your information for marketing and promotional purposes.

You confirm that you are at least 18 years of age or have permission of your legal guardian at the time of submitting your Comments. You warrant that the materials & details you submit are true and correct, you own or otherwise control all of the rights to your Comments including without limitation, all the right necessary for you to disclose, submit or offer to us; any third party holder of any rights, has validly and irrevocably granted to you the right to disclose, submit, or offer any Comments. You further warrant that each person depicted in any form in your Comments has consented to the use of such. You may not upload Comments or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation or promotion.

You understand that Jenny Craig may at its discretion confirm that the details that you submit match its records of your participation on the program. You warrant that your materials relate entirely to your weight loss experience with Jenny Craig and not any other weight loss method or program.

Privacy and Security

We are committed to protecting your privacy and security.  For more information, you should review our Privacy Policy, which is incorporated into these Terms and Conditions by this reference. You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy.

Hard- and Software requirements

Viewing and using the Site is optimised by using Microsoft Internet Explorer 6.0 or above with Javascript activated. Netscape Navigator and some other browsers may also be compatible. Please visit www.microsoft.com or www.netscape.com to obtain information about downloading the latest versions of those browsers.

Password and User Account

If you are a community user or subscriber of this Site, you are entirely responsible for maintaining the confidentiality of your password and user account information.  You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password.  You are entirely responsible for any and all activities which occur under your user account.  You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Disclaimer

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OFTHE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE INCONNECTION WITH YOUR USE OF OUR SITE, AND THAT JENNY CRAIG SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Limitation of Liability

In no event shall Jenny Craig or any of its affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any special, incidental, indirect or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of this Internet site.

Miscellaneous

Descriptions of, or references to, products or publications not owned by Jenny Craig or its affiliates do not imply endorsement of that product or publication. Jenny Craig makes no warranty of any kind with respect to such products or publications or the completeness or accuracy of such information.

This Site is available internationally and may contain references to products or services not available in all countries. Reference to a particular product or service does not imply Jenny Craig intends to make such products or services available in all countries. This Site was developed in Victoria, Australia in accordance with, and use of this site shall be governed by, the laws of Victoria, Australia.

Jenny Craig's Communications to You

You agree that Jenny Craig may send electronic mail to you for the purpose of advising you of changes or additions to the Site, about any of Jenny Craig's products or services, or for such other purpose(s) as Jenny Craig deems appropriate.

GENERAL

We may change, move, or delete portions of, or may add to, the Site from time to time and without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

SEVERABILITY

If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

A failure on the part of Jenny Craig to enforce any part of this agreement shall not constitute a waiver of any of Jenny Craig's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Jenny Craig shall have legal effect.

Acceptance

These Terms and Conditions, together with other documents incorporated by reference and the Membership Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein.  If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms and Conditions and the Membership Agreement, the Membership Agreement shall control.  You understand that by using the Site, you are subject to the Terms and Conditions outlined above. You accept to be bound by all Terms and Conditions. 

If you do not agree to the Terms and Conditions, YOU MAY NOT use the Site.

Revised September, 2009