terms & Conditions
A-TRAIN FITNESS AU TERMS AND CONDITIONS
By entering this website or purchasing or using our blog, e-mails, programs, services, and/or products, you are agreeing to accept all parts of the terms and conditions and all disclaimers. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, programs, services, or products.
By using this website, blog, e-mails, or any of our programs, services, or products, you implicitly signify your agreement to all parts of the above [or below] Terms and Conditions.
The A-TRAIN FITNESS AU (website at www.atrainfitnessau.com, "Website") and fitness and nutrition services and products (Fitness Products) are owned by A-TRAIN FITNESS AU, ABN 70 680 941 150 ('A-TRAIN FITNESS', 'we', 'our', 'us').
The A-TRAIN FITNESS AU exercise programs and nutrition guides are generic programs, meaning they are general guides to fitness and weightloss management, unless otherwise specifically tailed to you through a "personalised program". A-TRAIN FITNESS AU does not offer face to face personal training.
We at A-TRAIN FITNESS AU are not doctors. The information provided is based personal experience, studies and experience as a Personal Trainers/ Coaches.
We are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity. Rather, we serve as coaches, mentors and guides who help you reach your own health and wellness goals.
The information contained in our website, blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as self-help tools for your own use. While we draw on our prior professional expertise and background in many areas, you acknowledge that we are supporting you in our roles exclusively as coaches only. We provide information concerning, but not limited to, exercise programs, fitness related products and nutrition guides.
We aim to accurately represent the information provided on this website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
In the event that you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.
Every effort is made to ensure the accuracy of published information on or through our website, blog, e-mails, programs, services and products; however, the information may inadvertently contain inaccuracies or typographical errors. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of health and fitness related research is constantly evolving, we cannot be held responsible for the accuracy of our content.
A-TRAIN FITNESS AU strongly recommends that you consult with your physician before beginning any exercise program. You should be in good physical condition and be able to participate in the exercise. A-TRAIN FITNESS AU is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge A-TRAIN FITNESS AU from any and all claims or causes of action, known or unknown, arising out of A-TRAIN FITNESS AU.
The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.
A-TRAIN FITNESS AU (www.atrainfitnessau.com) is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.
By using or accessing the Website and registering an account with us you will be agreeing and acknowledging that you:
(a) have read, understood, and agree to be bound by these terms and conditions;
(c) consent to the receiving all communication from us.
These terms and condition may be amended at anytime with or without notice to you. The amended terms and conditions will come into affect immediately upon posting. Your continued use of the Website and purchase of products/services indicate that you accept any amended terms.
Registration on a program and licence
Customers must be at least 18 years old to participate in a program, register an account or access any fitness products.
Each product, program and eBook is subject to ONE user and subject to the copyright protection 2013©. You must not authorise third parties to have access to any program, ebook, or other digital service supplied by us to you via your account. Sharing your product with a third party may result in an infringement and deactivation of your digital download.
Upon purchase of a Program or ebook, A-TRAIN FITNESS AU grants you a limited non-exclusive, non-sublicenseable, non-transferrable, and a revocable licence to use the material provided with the Program in accordance with these terms and conditions and solely for your personal use and enjoyment.
All payments for fitness products and other goods and services ordered through the Website at the time of purchase using the credit card payment or PayPal in the website.
If you are unhappy or unsatisfied with your purchase, we are happy to offer an exchange within 7 days. Please email should you require an exchange.
Customers must not use the the A-TRAIN FITNESS AU website or social media platforms to interfere with the enjoyment of another customer, to perform fraudulent activity, for bullying and any illegal purpose.
All customers are responsible for their own log in details and passwords. Should you suspect your account has been accessed by a third party, please notify us to rectify the problem.
All customers and other persons must not knowingly introduce viruses, trojans, worms, logic bombs or any other material which is malicious or potentially damaging to our technology.
Customers agree that when using use Social Media Platforms (such as facebook and instagram) they agree to treat other customers and A-TRAIN FITNESS AU staff with dignity, support and respect. Customers also refrain from displaying or engaging in illegal activity, posting or publishing sexually explicit words or images and promoting violence. Customers are prohibited from publishing, distributing, or displaying disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminative content.
A-TRAIN FITNESS AU reserves the right, in its absolute discretion, to remove any social media content and any information posted on any social media platform and website, which A-TRAIN FITNESS AU considers is a breach of these terms.
SUSPENSION OR TERMINATION
A-TRAIN FITNESS AU may suspend or terminate your account or, remove the customer from any social media group associated with A-TRAIN FITNESS AU, by written notice to the User (which will include notice by email).
Should customers wish to make a complaint about any goods or services, or any other matters concerning A-TRAIN FITNESS AU, please contact us at email@example.com.
OUR LIABILITY TO CUSTOMERS (Statutory Guarantees):
The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
(a) are rendered with due care and skill;
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
(c) are supplied within a reasonable time (when no time is set).
(Permitted exclusion): However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee. In the previous sentence, “injury” means:
(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(b) the contraction, aggravation or acceleration of a disease; or
(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
(Reckless conduct): The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot be lawfully excluded, restricted or modified.
Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
A-TRAIN FITNESS AU will not be liable for any loss or injury attributed to:
(a) your fault;
(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a Program);
(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, or your downloading any material such as e-books or other material on the Website, or any website linked to it;
(d) the conduct or actions of Customers online or offline or their use of the Website;
(e) the suitability of a Program or Fitness Product purchased by you;
(f ) unauthorised access or use of your Account by third parties;
(g) any website links contained on the Website to external organisations or advertisements or the use of such an external organisation’s website. Parent; or
(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
(i ) We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.
WARRANTIES (BY CUSTOMERS)
You represent and warrant to ATRAIN FITNESS AUS that:
(a) you are 18 years old or over;
(b) you have sought and obtained advice from your medical practitioner before commencing any Program or following any meal plan or nutrition guide supplied by us;
(c) all information and documentation provided to A-TRAIN FITNESS AU from time to time is true and accurate and not misleading in any respect;
(d) you will exercise in a place which is safe and suitable for the Program; and
(e) you will abide by these terms and conditions at all times.
(f ) you will be responsible for the management of any food allergies or intolerances.
LIMITATION/EXCLUSION OF LIABILITY
Customers acknowledge and agree that A-TRAIN FITNESS AU excludes all liability to Customers to the maximum extent permitted by law including the Australian Consumer Law contained in the Competition and Consumer Act 2010.
All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
(a) negligence or fault of Customers;
(b) the acts or omissions of a third party unconnected with the provision of goods or services by A-TRAIN FITNESS AU;
(c) any defect in or complaint about the quality, suitability or availability of a Program or Fitness Product;
(d) delays in the functionality of, or inability to access the Website (and to this end A-TRAIN FITNESS AU does not guarantee or warrant that the Website or the APP will be uninterrupted or error fee); and
(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, unlawful or offensive way towards other Customers or third parties.
We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
A-TRAIN FITNESS AU will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website or other goods or services provided in connection with or referable to the Website and any Program.
Customers agree to indemnify and hold A-TRAIN FITNESS AU and its officers, directors, employees and agents harmless from any and all claims arising out of in connection with:
(a) a customers use of the website or participation in programs
(b) use of products purchased through the website;
(c) a customers breach of the terms and conditions;
(d) our use of your customer content;
(e) a customers breach of duty of care, or negligence towards another customer; or
(f )a customer behaving in a defamatory, hateful, aggressive, violence, obscene, unlawful, discriminatory or offensive way towards another customer or third parties.
If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.
These terms constitute the entire agreement between A-TRAIN FITNESS AU and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.
INTELLECTUAL PROPERTY AND OWNERSHIP
The A-TRAIN FITNESS AU logo and trade marks, the Brand and these terms and conditions, the content of Programs, Website, Fitness Products, nutrition guides and e-books and any materials we provide to you in connection with a Program (A-TRAIN FITNESS AU Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
You undertake not to copy, publish or reproduce in whole or in part, the A-TRAIN FITNESS AU Intellectual Property except as is expressly permitted by these terms and conditions.
These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
All parties hereby submit to the jurisdiction of the Courts of New South Wales, Australia.