Terms of Service

Effective date: 26 July 2026 · Last updated: 18 October 2026

These Terms of Service ("Terms") are the agreement between you and Zestara Health Pty Ltd (ACN 697 355 454) ("Zestara Health", "we", "us", "our") for your coaching and your use of the Zestara Health mobile application and related services (the "App"). We provide coaching through the App, operated by Brooke Hoare and the coaches who work with Zestara Health (your "coach"). There is no separate contract to sign. By ticking the box to agree to these Terms and paying, you agree to them. If you do not agree, do not sign up or use the App.

Please also read our Privacy Policy, which forms part of these Terms.

Key terms at a glance

These are the points people most often want to know. They are explained in full in the sections that follow, and the full Terms apply.

• Every plan has a 16 week minimum term, with fees debited weekly in advance. All fees are in Australian dollars and include GST.
• After 16 weeks, coaching continues month to month, and you can finish at any time with four weeks' written notice.
• You have a 10 business day cooling off period from when you agree and pay, with a full refund less the value of anything already delivered.
• You can pause once during your first 16 weeks, for up to four weeks in total, with at least seven days' written notice.
• Coaching calls cancelled with less than 24 hours' notice are forfeit.
• Your coach replies to messages the same business day, 8am to 4pm, Monday to Friday, Melbourne time. There is no emergency or 24/7 support.
• Coaching is general health, fitness and nutrition guidance. It is not medical advice.
• If a payment is more than 14 days overdue, we may suspend your coaching, and interest may apply.
• We will not use your name, image, results or testimonial in marketing without your separate written consent.

1. Eligibility

You must be at least 18 years old to use the App. By using the App you confirm that you are 18 or over and that the information you provide is accurate.

2. How you get access and agree to these Terms

The App is available to clients of a Zestara Health coach. You get access either by invitation from your coach, or by signing up for coaching on our website, after which we email you a link to download the App so you can create your account using the same email address you signed up with. Your access depends on having a coach relationship and an active subscription. We may change how access is granted in future.

When you sign up on our website, you agree to these Terms by ticking the box before you pay and then completing payment. We will email you a confirmation that sets out the key terms above and links to these Terms. These Terms, together with the Privacy Policy and the plan description and price shown at checkout, are the entire agreement between you and us about your coaching. Agreeing electronically has the same effect as signing on paper.

3. Your account

• You are responsible for keeping your login details secure and for activity under your account.
• You agree to provide accurate information and to keep it up to date.
• Notify us promptly if you suspect unauthorised use of your account.

4. Your coaching and what we provide

Zestara Health connects you with a coach who provides individualised health, fitness and nutrition coaching through the App.

• We provide the coaching described for your plan on our website at the time you sign up. This includes individualised programming and guidance, video check in calls every fortnight (monthly on Training Coaching) and messaging with your coach in the App.
• Your coach can view the information you log in order to support you. This is described in the Privacy Policy.
• Business hours are 8:00am to 4:00pm, Monday to Friday (excluding public holidays), Melbourne time. We respond to client messages on the same business day. A message received after 4:00pm, or outside business hours, will be responded to on the next business day. We do not provide emergency or 24/7 support.
• Coaching calls cancelled with less than 24 hours' notice are forfeit. We will use reasonable efforts to reschedule a call where you give adequate notice.
• Coaching is general health, nutrition and fitness support. It is not medical care, diagnosis or treatment, and your coach is not acting as your doctor.

5. Term, renewal and cancellation

If you sign up through a partner or member offer page, the price, minimum term, pause length and any other terms stated on that page apply instead of the matching standard terms in this section and in section 6. The rest of these Terms continue to apply.

• Initial term. The initial term is 16 weeks from your confirmed start date. We confirm your start date by email after you sign up.
• Renewal. At the end of the initial term, your coaching continues on a rolling month to month basis unless you or we give four weeks' written notice of cancellation.
• Cooling off. You may cancel within ten business days of agreeing to these Terms and paying, for any reason, and receive a full refund of the fees you paid, less the pro rata value of any sessions or services already delivered.
• Fixed commitment. After the cooling off period, the 16 week initial term is a fixed commitment and fees remain payable for the balance of the term, except where: (a) a registered medical practitioner certifies in writing that you are medically unable to continue the program, in which case fees cease from the date of certification and any pre-paid balance is refunded pro rata; (b) we fail to deliver the services as agreed and do not remedy that failure within a reasonable period of written notice, and your rights under the Australian Consumer Law are unaffected; or (c) we agree in writing to release you from the balance of the term.
• No partial refunds are given for sessions you choose not to attend.
• Breach. Either of us may end the agreement immediately for a material breach that is not remedied within 14 days of written notice, or for conduct that is abusive, threatening or that makes the coaching relationship untenable.
• Pausing your program. You may request to pause your program once during the initial 16 week term, for a total of up to four weeks, by giving us at least seven days' written notice. Where a pause is needed because of illness, injury or a genuine emergency, we will accommodate it as soon as reasonably practicable and may ask for reasonable supporting evidence. During an approved pause, your weekly debits are suspended and no fees accrue, coaching support and access are paused for the same period, and the initial term is extended by the length of the pause so that you still receive the full program you committed to. Pauses are granted reasonably and are not unreasonably refused.
• How to give notice. Written notice to us under this section goes to your coach, who will guide you on this, or by email to hello@zestarahealth.com.au. Notice is effective on receipt.

5A. Vivid Pilates member rate

5A.1 Who it applies to. The Vivid Pilates member rate is available to current members of Vivid Pilates. By accepting this rate you confirm that you are a current Vivid Pilates member. We may ask Vivid Pilates to confirm your membership.

5A.2 Your term. If you take the member rate, your term is the one you selected when you signed up, being 16 weeks (four months), 26 weeks (six months) or 52 weeks (twelve months). Your coaching is billed weekly in advance at your member rate throughout your term. Your term sets the period your member rate is calculated on. It is not a minimum period you must pay for, and the minimum term in section 5 does not apply to you.

5A.3 Finishing at any time. You may end your coaching at any time, during your term or after it, by giving four weeks' written notice. You are charged only for the coaching delivered to you up to the end of that notice period, and you do not owe us anything for the remainder of your term. Clause 5A.7 sets out the one consequence of finishing before your term is up.

5A.4 What the member rate covers. The Vivid Pilates member rate applies to Nutrition Coaching only. Our other coaching options remain available on our standard terms and rates.

5A.5 Limited places. The Vivid Pilates member rate is limited to twenty members in total, across all three terms. Once those places are taken, the member rate is closed to new members until further places are released, and standard coaching remains available on our usual terms. Members already on the member rate are not affected.

5A.6 After your term. When your term ends, your coaching continues month to month at your member rate, subject to clause 5A.11. You can finish at any time by giving four weeks' written notice, on the same basis as section 5.

5A.7 Finishing before your term is up. If your coaching ends before your term is up, other than during the cooling off period in section 5 or where section 16 (Australian Consumer Law) applies, the member rate no longer applies to the coaching already delivered to you. The difference between the member rate you paid and our standard rate for the weeks of coaching delivered to you becomes payable, and we will invoice you for that amount. This is the only amount payable on finishing early. We will not charge you for any weeks of coaching you do not receive, and you do not owe us anything for the remainder of your term.

5A.8 Pausing. You may pause once during your term, for up to four weeks in total on the 16 and 26 week terms, or up to six weeks in total on the 52 week term, by giving at least seven days' written notice. Section 5 otherwise applies to pauses, including that your payments stop, your access and support pause, and your term moves out by the length of the pause.

5A.9 Cooling off. The cooling off period in section 5 applies to the member rate in the same way it applies to all other coaching.

5A.10 Other offers. The member rate cannot be combined with any other offer, discount or promotion.

5A.11 How long your rate continues. Your member rate continues for as long as you remain on it, including after your term and through any increase to our standard coaching prices. It changes to our standard rate for Nutrition Coaching only if our collaboration with Vivid Pilates ends. If that happens during your term, your member rate continues until your term ends. In every case we will tell you in writing at least 30 days before your rate changes, and you may finish at any time by giving four weeks' written notice.

5A.12 GST. All member rates include GST.

6. Fees and payment

• The fee for your plan is the amount shown at checkout. It is debited weekly in advance through our billing provider, Newie, by the payment method you provide, and you agree to that provider's terms. We do not store your card details.
• All fees are in Australian dollars and include Goods and Services Tax (GST).
• Payment is due on the scheduled debit date. If a debit fails or any amount is overdue, interest may accrue at the Reserve Bank of Australia cash rate plus 2% per annum from the due date until it is paid.
• If a payment is more than 14 days overdue, we may suspend your services until your account is brought up to date. Suspension does not extend the term and does not entitle you to a refund of fees for the suspension period.
• Month to month fees after the initial term are debited at the rate we notify to you in writing, with at least 30 days' notice of any price increase.
• When you sign up through our website, your billing provider passes your name, email address, the plan you chose and a subscription reference to us through an automation service (Zapier) so that we can set up your account, allocate your start date and send your confirmation email, as described in our Privacy Policy.
• Nothing in these Terms limits your rights under the Australian Consumer Law. Subject to those rights and to section 5, fees already paid for a billing period that has begun are non-refundable.

7. Health disclaimer and your responsibilities

The App and the coaching provided through it are for general information, education and support only, and are not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor or another qualified health professional with any questions about a medical condition. The App does not recommend or prescribe medications; decisions about medication, including hormone therapy, are between you and your treating doctor.

• You confirm that you have told us about all material health conditions, injuries, medications, and pregnancy or attempted pregnancy, and that you have medical clearance to exercise and change your eating where appropriate.
• We are not a medical, dietetic, psychological or allied health provider. You agree to seek advice from a qualified medical practitioner before acting on any guidance where you have a relevant condition.
• Exercise and nutritional change carry inherent risks, including injury and illness. You take part voluntarily and at your own risk.
• Please tell us promptly about any adverse change in your health during your program.

8. Connected apps and devices

The App can optionally connect to third-party health apps and wearables (for example Apple Health or an Oura ring) to import your metrics. Connecting is your choice, you can disconnect at any time, and your use of the third party's product is governed by that provider's own terms and privacy policy. We are not responsible for third-party services, and we only receive the data you authorise.

9. Acceptable use

You agree not to:

• Use the App for any unlawful purpose or in breach of these Terms
• Attempt to access another user's account or information
• Interfere with, disrupt or attempt to gain unauthorised access to the App or its systems
• Upload content that is unlawful, harmful, or infringes another person's rights
• Reverse engineer, copy or resell the App or its content except as permitted by law

10. Your content

You retain ownership of the information, notes, photos and other content you submit ("Your Content"). You grant us a limited licence to store, process and display Your Content as necessary to operate the App and provide the service to you and your assigned coach. You are responsible for ensuring you have the right to upload Your Content.

11. Our content and intellectual property

The App, including its design, text, graphics, features, programs, protocols, written materials, recordings and methodologies, is owned by Zestara Health Pty Ltd or its licensors and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable licence to use these materials solely for your personal benefit during your coaching.

• You may not copy, share, resell, distribute, screenshot for distribution, or use our materials to coach or instruct any other person.
• Your membership is personal to you and cannot be transferred, assigned or sold.

The health and nutrition information in the App is general in nature. We take care with the evidence behind it, but we do not warrant that it is complete, current or suitable for your individual circumstances.

12. Privacy and confidentiality

We treat your personal information confidentially and handle it in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and, where they apply to you, the UK and EU data protection laws. Our Privacy Policy forms part of these Terms.

13. Images and testimonials

We will not use your name, image, results or testimonial in marketing without your separate written consent. You may withdraw consent for future use at any time by notifying us.

14. Availability, changes and events outside our control

We aim to keep the App available and working, but we do not guarantee uninterrupted or error-free operation. We may add, change, suspend or remove features, or update the App, at any time. We may update these Terms from time to time; if we make a material change we will take reasonable steps to notify you, and your continued use after the change means you accept the updated Terms. We may send notices about your account, your coaching and these Terms by email to the address you signed up with, so please keep it up to date.

Neither of us is liable for delay or failure to perform caused by events outside reasonable control, including illness, natural disaster, pandemic, technology failure or government order. We will discuss in good faith how to resume or modify performance, including a reasonable extension of the term.

15. Suspension and termination

You may stop using the App and close your account at any time, but ending your coaching is governed by section 5. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the service. On termination, your right to use the App ends. We will handle your information in accordance with the Privacy Policy.

16. Disclaimers and limitation of liability

To the maximum extent permitted by law:

• The App is provided "as is" and "as available", without warranties of any kind beyond those that cannot be excluded by law.
• We are not liable for any loss or damage arising from your use of, or reliance on, the App or the general health and fitness information in it, except to the extent caused by our failure to comply with a non-excludable guarantee.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited, to the extent permitted by law, to re-supplying the services or refunding the fees paid for the affected services.

17. Disputes

Before starting legal proceedings, we both agree to try to resolve any dispute by good faith discussion. If it is not resolved within 21 days, we will try mediation through the Resolution Institute (or an equivalent body), with the cost shared. This does not stop either of us from seeking urgent injunctive relief.

18. Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state. If you ordinarily live outside Australia, the mandatory consumer protections of your home country apply where they cannot be excluded by contract.

19. General

• No change to these Terms is effective for an existing client unless it is agreed in writing by both of us, apart from updates we notify under section 14.
• If any part of these Terms is found to be unenforceable, the rest continues in full force and effect.

20. Contact us

Zestara Health Pty Ltd Email: hello@zestarahealth.com.au