Terms and Conditions
TRAINING WAIVER, TERMS AND CONDITIONS
By submitting your registration form, you agree to be personally bound by these terms and conditions, and warrant that you are at least 18 years of age.
This Waiver, Release of liability includes, without limitations, injuries which may occur as a result of (1) equipment belonging to trainer or client that may malfunction or break: (2) any slip, fall, dropping of equipments: (3)and/or negligent instructions or supervision.
These terms apply to the use of this Website, including the use of the information services provided through this Website & all training services provided by Think Fit with Deb and/or any employees employed by ThinkFit.
If you, breach these terms and conditions, you acknowledge that we may immediately terminate your participation in the 8 week lifestyle revolution , without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Think Fit with Deb is entitled to suspend or terminate your membership at any time if Think Fit with Deb considers that you have brought, or may bring, the reputation of Think Fit with Deb or it’s members into disrepute.
CONDITIONS OF REGISTRATION
Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
Information Provided on Site
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted by us.
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our program. In particular, we strongly advise the following classes of persons firstly consult a healthcare professional (this list is non-exhaustive):
persons with any on going physical condition such as
persons suffering from cancer or other long term illness;
persons with liver disease, kidney disease, or renal failure,
persons with eating disorders;
persons with diabetes, blood pressure or cholesterol issues
persons recovering from or recently recovered from illness, Surgery or injury; and
persons with a low body mass index.
You acknowledge that, by participating in our Program , you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other participants of the Outdoor program , or may be risks that are not known to you or are not readily foreseeable at the time of registering for the program. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our 8 week lifestyle revolution . To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Quality of Service
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this 8 week lifestyle revolution . It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
LIMITATION OF LIABILITY
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause 7, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your participation in this 8 week lifestyle revolution and from access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises out of your use of the Website, including your use of the Website to provide a link to another site or to upload content or other information to the Website.
Copyright in this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
commercialise or exploit any information, products or services obtained from any part of this Website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or post it to another website.
We explicitly prohibit use of the material on this Website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
you are legally responsible for all content you submit;
under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
you will not:
post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
post or transmit false or misleading material or make any form of misleading or deceptive representation;
knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that are contrary to our commercial or lawful interests);
provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
The Website may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
PAYMENT AND REFUNDS
Registrations are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the Registration procedure. Acceptance and continued access to our service is always subject to payment first being made by you.
We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our 8 week lifestyle revolution fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable, unless:
we agree to issue you with a refund for extenuating circumstances. (Serious Illness requiring hospitalisation or berevement of family members).
Upon receipt of a refund your agreement with us is at an end and we will cancel your Registration. You agree that this is your sole remedy in these circumstances.
All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your registration prior to the end of the 8 week lifestyle revolution , you will not be granted a refund.
SEVERANCE & TERMINATION
We may in our sole and absolute discretion refuse membership, or suspend or terminate membership at any time and for any reason, subject to a valid refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
I acknowledge that by accepting these terms and conditions I have read thoroughly the entirety of these conditions & fully understood that this is a release of liability. I am waiving any right I or my successors might have to bring a legal action or assert a claim against Deb Wallington, Think Fit with Deb or any contractors employed by Think Fit.