Medical disclaimer and terms of use



Medical disclaimer

(1)      No advice

This website contains general information about medical conditions, nutrition, health and diets. The information is not advice and should not be treated as such.

(2)      No warranties

The medical information on this website is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant or represent that the medical information on this website:

(a)     will be constantly available, or available at all; or
(b)     is complete, true, accurate, up to date and/or non-misleading.

(3)      Professional assistance

Before starting any diet or exercise regime, you should speak to your doctor. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition, you should seek immediate medical attention.

It may not be suitable if :

  • you are underweight
  • have a history of an eating disorder
  • under-18,
  • suspect you have a food allergy,
  • have other significant medical problems
  • or are frail or unwell.

Seek urgent medical advice if:

  • You pass blood and/or mucus,
  • have severe and/or persistent abdominal pain,
  • experience unexplained, unplanned weight loss or loss of appetite,
  • suffer from anaemia or a deficiency in important vitamins or nutrients,
  • have persistent diarrhoea and/or vomiting.

If you answer yes to any of the questions below, we would recommend you consult your doctor before starting this or any exercise program.

  • Do you feel pain in your chest when you do physical activity?
  • Have you been told by your doctor that you should only do physical activity recommended by a doctor because you have a heart condition ?
  • Have you had any chest pain in the past month when not doing physical activity?
  • Do you lose your balance as a result of dizziness or do you ever lose consciousness/collapse?
  • Do you have a bone or joint problem (eg  back, knee, or hip) that could be made worse by exercise?
  • Is your doctor currently prescribing medication for your blood pressure or heart condition?
  • Do you know of any other reason why you should not do physical activity?

You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website.

(4)      Limiting our liability          

Nothing in this medical disclaimer will:

(a)     limit any of our liabilities in any way that is not permitted under applicable law; or
(b)     exclude any of our liabilities that may not be excluded under applicable law.

Terms of use Clever Guts Website

These are the terms of use for this website. If you do not accept these terms of use, please do not use this website. Your continued use of this site confirms your acceptance of these terms.


This website and its contents are copyright of Michael Mosley. All rights reserved. Reproduction of all or any substantial part of the contents in any form is prohibited. No part of the site may be distributed or copied for any commercial purpose without express approval.

Submissions and comments:

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the site (collectively, “submit”) messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). We have the right to publish, edit or reject any User Content that you send us either via email, via the site or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to you – unless we have specifically agreed otherwise in writing prior to submission.

By submitting User Content to us, simultaneously with such posting you automatically grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) Michael Mosley deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.

Subject to the rights and license you grant to us under these Terms of Use, you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.

You agree that you will not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:

  • violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity;
  • impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable;
  • contains a formula, instruction, or advice that could cause harm or injury;
  • the licensed use by us hereunder would result in us having any obligation or liability to any party.

We rely on you to present us with User Content that contains accurate and factual material. We assume no responsibility for the accuracy of information provided on The Clever Guts website (

Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.


Terms of use for Clever Guts app

The Clever Guts App

Prescribed Investments Pty Ltd ABN 92 169 233 916



The Company provides the Clever Guts App gut health information resource mobile application. Use of the Clever Guts App is subject to these Terms of Service.


The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • ABN means Australian Business Number.
  • Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Perth, Australia.
  • The Clever Guts App means the Clever Guts App mobile, online or desktop application.
  • Company means Prescribed Investments Pty Ltd trading as HealthLab Australia ABN 92 169 233 916.
  • Content means any video, audio (including podcast), images or text content made available by the Company to Users via the Clever Guts App.
  • Directions means any direction, instruction or method described in Content, including (without limitation) with regard to recipes, meal plans, exercises, meditation and fasting etc.
  • Fee means a fee charged by the Company for use of the Clever Guts App.
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Terms of Service means the terms and conditions of using the Clever Guts App, as updated from time-to-time, which can be found at
  • User means any person that uses the Clever Guts App.
  • USING the Clever Guts App
    • General
      • To use the Clever Guts App, the User must purchase and download the Clever Guts App to their mobile device or computer.
      • The User agrees that all use of the Clever Guts App is subject to these Terms of Service.
      • Users under the age of 18 must not use the Clever Guts App without their parent or legal guardian’s permission and supervision.
      • The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
      • The Company does not provide personalised medical advice and the Clever guts app is provided as a health and well being information resource only. The Clever Guts App is not intended as a replacement of personalised professional medical, dietary, health or fitness advice.
      • The User is solely responsible for following any Directions contained in any Content accessible via the Clever Guts App. The Company shall not be liable to the User for any use a User makes of the Content accessible in the Clever Guts App.
      • If the user becomes ill, experiences an injury or other medical event as a result of following Directions, the User must immediately seek medical advice from a qualified doctor.
    • Features
      • The Clever Guts App may allow a User to access Content regarding:
        • Gut health;
        • High intensity interval training (HIIT);
        • Recipes, meal plans and dietary information on (without limitation) gut health, Mediterranean, dairy-free, gluten-free, fermented food, vegetarian and/or vegan diets etc.;
        • Intermittent fasting;
        • Meditation;
        • Fermentation;
        • Reducing Stress;
        • Improving sleep quality; and
        • Such other health and wellbeing information as the Company may make available via the Clever Guts App from time to time.
      • Content and Following Directions
        • The Content may contain Directions for the User to follow.
        • The User relies on Content and follows Directions at their own risk. In no event will the Company be liable to a User for their reliance on Content.
        • Content and Directions are provided as a general guide only. The User is advised to consult a professional in the relevant field if the User has any questions or concerns regarding any Content or Directions.
        • It is the Users responsibility to ensure that they follow the Directions exactly as described within the Clever Guts App, including:
          • Using the correct ingredients, in the correct amounts when following a recipe;
          • Following the form, method or other instructions correctly;
          • Using the correct equipment and/or clothing;
          • Any other directions, instructions or methods described in the Content.
        • The User must immediately cease an exercise if the User experiences any pain, and consult their doctor.
        • The User must:
          • Not perform any meditation exercises while operating a vehicle or heavy machinery;
          • Consult a doctor prior to undertaking fasting of any kind;
          • Not undertake fasting of any kind if the User is underweight, under the age or 18, pregnant, diabetic, or has a medical condition that could be negative affected by fasting;
          • Not perform an exercise in such a manner that may cause damage to the User or a third-party’s person or property;
          • Not assume that a meal meets the User’s dietary requirements, including whether all of its ingredients are (without limitation) gluten free, dairy free, nut free or vegetarian;
          • Not prepare a meal based on a recipe or meal plan contained in The Clever Guts App if the user suspects they might be allergic to an ingredient in that recipe.
        • The Company accepts no responsibility for the quality or correct labelling of individual ingredients.
        • Directions may not be suitable for all Users, and the User is advised to seek professional advice prior to undertaking Directions if the User:
          • Is underweight;
          • Is pregnant;
          • Has a history of an eating disorder;
          • Is under 18 years of age;
          • Has other significant medical conditions; or
          • Frail or generally unwell.
        • Fees, payments & refunds
          • Fees
            • Each Fee applies in accordance with such features and/or services subscribed for by the User in accordance with the pricing described on the retail service where the User can purchase the Clever Guts App, or as otherwise agreed with the Company.
            • The User agrees that it has no right to access the Clever Guts App if it fails to make payments when due.
            • The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice.
            • If a User does not accept a change to any Fees, then it can simply terminate this Agreement and delete the Clever Guts App.

Notwithstanding the pricing in the relevant retail service or store, all Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).

For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.

No refunds of Fees are offered other than as required by law.

  • General conditions
    • Licence
      • By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use the Clever Guts App for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
      • The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
      • The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
    • Modification of Terms
      • The terms of this Agreement may be updated by the Company from time-to-time.
      • Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using the Clever Guts App.
      • If a user does not accept the amended terms of the Agreement, the User may terminate this Agreement and must immediately cease using the Clever Guts App.
    • Software-as-a-Service
      • The User agrees and accepts that the Clever Guts App is managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to the Clever Guts App is available to the User.
      • As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Clever Guts App.
    • Support
      • The Company provides user support for the Clever Guts App via the email address
      • The Company shall endeavour to respond to all support requests within 5 Business Days.
    • Use & Availability
      • The User agrees that it shall only use the Clever Guts App for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      • The User agrees that the Company shall provide access to the Clever Guts App to the best of its abilities, however:
        • Access to the Clever Guts App may be prevented by issues outside of its control; and
        • It accepts no responsibility for ongoing access to the Clever Guts App.
      • Privacy
        • The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.
        • The Clever Guts App may use a tracking code to improve a User’s experience, while also sending browsing information back to the Company. If the User does not approve of the Company collecting the User’s usage data, the User must cease using the Clever Guts App.
      • Data
        • The Company takes the security of the Clever Guts App and the privacy of its Users very seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
        • The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
        • The Company stores data on servers based in the Australia and/or the UK according to accepted industry standards.
        • The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes.  The Company does not warrant that it is able to backup or recover specific User data from any period of time unless so stated in writing by the Company.
      • Intellectual Property
        • The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
        • Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of the Clever Guts App.
        • The Clever Guts App Application. The User agrees and accepts that the Clever Guts App is the Intellectual Property of the Company and the User further warrants that by using the Clever Guts App the User will not:
          • Copy the Clever Guts App, Content or the services that it provides for the User’s own commercial purposes; and
          • Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Clever Guts App or any documentation associated with it.
        • All content submitted to the Company, whether via the Clever Guts App or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Clever Guts App.
      • Disclaimer of Third Party Services & Information
        • The User acknowledges that the Clever Guts App is dependent on third-party services, including but not limited to:
          • Third party mobile app distributers including (without limitation) the Apple App Store and Google Play;
          • Banks, credit card providers and merchant gateway providers;
          • Telecommunications services;
          • Hosting services;
          • Email services; and
          • Analytics services.
        • The User agrees that the Company shall not be responsible or liable in any way for:
          • Interruptions to the availability of the Clever Guts App due to third-party services; or
          • Information contained on any linked third party website.
        • Liability & Indemnity
          • The User agrees that it uses any Content, or follows any Directions at its own risk.
          • The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
          • The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of, or conduct in connection with Content, including any breach by the User of these Terms of Service.
          • In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, illness or death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use HealthLab Australia’s services, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, personal injury, illness or death, or business interruption of any type, whether in tort, contract or otherwise.
          • Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
            • The re-supply of services or payment of the cost of re-supply of services; or
            • The replacement or repair of goods or payment of the cost of replacement or repair.
          • Termination
            • Either party may terminate this Agreement by giving the other party written notice.
            • Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
            • Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 6, 3.7, 3.8, 3.9, 3.10, 3.12 and 3.13 survive termination of this Agreement.
          • Dispute Resolution
            • If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
              • Includes or is accompanied by full and detailed particulars of the Dispute; and
              • Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
            • Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
            • Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
            • Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
            • Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
          • Electronic Communication, Amendment & Assignment
            • The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
            • The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
            • The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
            • A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
            • Notices must be sent to the parties’ most recent known contact details.
            • The User may not assign or otherwise create an interest in this Agreement.
            • The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
          • General
            • Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
            • To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
            • Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
            • The relationship of the parties to this Agreement does not form a joint venture or partnership.
            • No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
            • Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
            • Governing Law. This Agreement is governed by the laws of Western Australia, Australia.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
            • Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

Thanks to SEQ Legal for the medical disclaimer.