Terms & Conditions
Miyagi Pty Ltd ABN 74 608 234 331 (t/as Heart Smart Australia)
In these Terms and Conditions “we” “us” and “our” mean Miyagi Pty Ltd ABN 74 608 234 331 (t/as Heart Smart Australia) and the person named below is “you” or “your”.
By you signing these Terms and Conditions electronically and our acceptance electronically of your signing, we and you agree to be bound to these Terms and Conditions as follows:
1 – You have committed to a minimum 52-week service period (the “Contract Period”) for the health program of your choice (the “Program”). The fee for this program will be confirmed to you at the time of enrolment.
2 – The Program includes the supply of an individualised health plan, one on one and group facilitated coaching to assist you in working towards your personal health goals, and access to a private support group, the Miyagi app and other Program resources (the “Services”).
3 – If you choose to pay through an approved third-party finance provider, the finance provider will give you details of its separate arrangement with you, which may include additional fees or charges. We are not responsible for the finance provider’s terms and conditions.
4 – Your Program’s 26-week period starts when you sign this e-document. During the Contract Period, you cannot suspend, pause or place your Program or payments on hold.
5 – You are entitled to certain consumer guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions limits those consumer guarantees or any other rights you may have under any other applicable law. Other than pursuant to the consumer guarantees, you are not entitled to claim a total or partial refund or to cancel or terminate this Program once we accept your electronic signature.
6 – At the end of the Program, you will be automatically enrolled in our Lifestyle Program unless you have notified us in writing at any time during your Program and at least 30 days before the end of your Program that you do not wish to be enrolled in the Lifestyle Program. We will give you written notice at least 30 days before this transition occurs. The Lifestyle Program has a rolling 30-day minimum service period which means that you must give at least a 30-day written notice to customersupport@miyagi.coach to end the Lifestyle Program. Your weekly payments of $97.00 for the Lifestyle Program will be debited weekly from your nominated credit card so that your access to our Services is not interrupted.
7 – If you are enrolled in the Lifestyle Program and later choose to suspend, pause or place your membership or payments on hold, to re-enter the program you will need to pay a reactivation fee in full, as confirmed at the time, before being allowed back in.
8 – Debit Success is the third-party provider that will deduct the Lifestyle Program fee from your nominated credit card. A one-off administration fee may apply when your Lifestyle Program membership is set up. Debit Success’s terms are available here.
9 – Your Program includes a ‘Bloody Good blood panel’. This service is supplied directly by Bloody Good Tests Pty Ltd ACN 667 990 963 (“Bloody Good”), which is a third-party provider. Bloody Good is responsible for its own terms, conditions, fulfilment and results. By participating in the Program, you agree to Bloody Good’s terms of service, available here.
10 – Our Services will be provided by our healthcare team, who are registered with the appropriate governing bodies and covered by professional indemnity insurance. During the Contract Period, our healthcare team will commit time and resources to provide the Services included in the Program deliverables.
11 – You acknowledge that we rely on the accuracy and honesty of the information you give us about your personal circumstances and medical history when providing the Services.
12 – Our healthcare team will only provide advice within their scope of practice. You confirm that you are responsible for managing your participation in and adherence to your Program and the results you achieve. Nothing suggested or recommended by the healthcare team should be treated as medical advice or given priority over advice from your doctor or other treating healthcare professionals. If you are unsure about anything, you should consult your doctor.
13 – You acknowledge that any material we provide to you that is not publicly available or available in the public domain is the intellectual property of Miyagi Pty Ltd ABN 74 608 234 331. That material is for your personal use. You must not copy, share, publish, sell, distribute or otherwise deal that material or use it for any other purpose without our written consent.
14 – When your Program ends or you decide to cancel your Lifestyle Program membership, or your Lifestyle Program is terminated, your access to the Services will end at the same time.
15 – These Terms and Conditions are private and confidential. You confirm that you have read, understand, and agree to these Terms and Conditions. They are provided to you for your personal use only and must not be republished, distributed, or shared with any third party without our express written consent, except where you are seeking legal or financial advice or are required to share them with a regulatory body.
