FIT. EAT. REPEAT. 6 WEEK BOXING BOOTCAMP WEBSITE TERMS AND CONDITIONS OF REGISTRATION (the Terms)
The FIT. EAT. REPEAT. 6 Week Boxing Bootcamp website at http://www.fiteatrepeat.com and related mobile applications (together, the Website) are owned and operated by FIT. EAT. REPEAT. (FER, we, us, our).
These Terms apply to the use of this Website, including the guidelines and information services.
By accessing the website you agree to be personally bound by these Terms, whether you are registering for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside). By clicking "I accept", you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction), and if you are registering on behalf of a minor, that you are their legal guardian.
You agree to be bound by the latest version of these Terms. FER reserves the right to change, amend or add to these terms at any time, without notice. Where there are material changes to these Terms we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have received notice of a material change when a notice setting out the change is placed on the Website and you access your account.
CONDITIONS OF USE OF SITE
Obligations for use of the Website. You will be provided with a password and account details when you register. You agree that you will not disclose your password or account to anyone else or allow anyone else to use them. Any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. If you, or a user on whose behalf you register (including a minor), breaches these Terms, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action against you.
SEEK ADVICE FROM MEDICAL PROFESSIONAL
It is important that before beginning any fitness regime, you consult with your health care professional to have a proper understanding of your current health and any restrictions that are appropriate for you. If you experience any unanticipated changes to your physical condition at any time, you should immediately seek medical attention.
The exercises and information presented on this website are for educational and entertainment purposes, and is not to be interpreted or relied on as a substitute for medical advice and guidance. To reduce the risks of injury you should obtain appropriate professional medical advice before beginning this or any exercise or if you have any questions concerning your medical condition or injury.
INFORMATION PROVIDED ON WEBSITE
This Website seeks to adhere to the "Internet Industry Code of Practice" available at www.acma.gov.au. All information provided by us on the Website is provided in good faith.
To the extent permitted by law, 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. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Nutritional information provided on the Website may be taken from third party sources. FER does not give any warranty that the information is free from error or suitable for your purposes. You should carefully evaluate the relevance of this information for your purposes, and consider whether you should obtain advice relevant to your circumstances.
You are responsible to make your own inquiries and seek independent advice from a healthcare professional before carrying out the exercises or using the information on the Website. The information on the Website may not be suitable to your particular circumstances and is in no way a substitute for obtaining advice from a qualified health care professional.
You acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service.
Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.
To the extent we supply any "recreational services" or "recreational activities" (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death, and we exclude all liability to the maximum extent permitted by law.
QUALITY OF THE WEBSITE
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 Facebook or Instagram from us cannot be guaranteed.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
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.
Notwithstanding the above, any reports or claims against third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors can be made to FIT. EAT. REPEAT., which we may investigate the claim and take appropriate action, in our sole discretion.
SECURITY OF INFORMATION
The transmission of data over the Internet cannot be guaranteed as totally secure and we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk and we will take reasonable steps to preserve the security of such information once received.
This Website may allow you to make posts to the Website (including features such as live chat and forums) (User Content) and may also allow you to see content submitted by other persons.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
1. you warrant that you created or have all the necessary rights and permissions needed to submit User Content to the Website;
2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine;
3. you warrant that your User Content does not infringe the rights (including intellectual property rights, privacy and reputation) of any other person; and
4. to the full extent permitted by law you consent to us doing anything, or waive any rights, in relation to your User Content which would otherwise constitute an infringement of your moral rights.
We have the right, but not the obligation, to monitor, review, remove and edit User Content. We accept no responsibility or liability for any User Content. We are not responsible for how other users use your User Content. Care should be taken before posting anything sensitive or personal about yourself.
PAYMENT AND REFUNDS
Our subscription 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.
The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
•All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, FIT. EAT. REPEAT. may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
•All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
•In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
•All purchases made on www.fiteatrepeat.com are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via email@example.com to discuss a resolution.
•By placing an order with FIT. EAT. REPEAT. you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at FIT. EAT. REPEAT. for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
All transfers conducted through FIT. EAT. REPEAT. are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
As all of our products are digital they are deemed "used" after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. Please contact firstname.lastname@example.org to see how we can remedy any problems you may have with this.
PAYMENT AND CURRENCY DISCLAIMER
All payments are managed by a third party payment gateway, Stripe. (www.stripe.com) All payment amounts are represented in AUD as this is the currency of our host country. Stripe does not provide converting transactions prices, for example if you are in America it will not show the equivalent in USD. Therefore we are not liable for any discrepancies in charges for international currencies. All transactions processed on www.fiteatrepeat.com will be charged to the customer in the equivalent amount in their host countries currency per the AUD price. All currency conversions and their calculations through payment are made via stripe.
LIMITATION OF LIABILITY
Indirect and Consequential Loss To the extent permitted by law in no event will we (or any of 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 access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on 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
Where legislation implies any guarantee, condition or warranty that cannot be excluded or the application of, or our liability under, cannot be modified, that guarantee, condition or warranty will be deemed included but our liability will be limited for a breach of that guarantee, condition or warranty to 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 all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.
Unless otherwise indicated the copyright on this Website is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites and we cannot, and do not, guarantee, warrant or endorse the content contained in the sites or that they will not contain viruses or otherwise impact your computer.
PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
SEVERANCE & TERMINATION
FIT. EAT. REPEAT. may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata 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".
These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.