IMPORTANT MEDICAL NOTICE
The Programs contain general information in relation to fitness and nutrition. You acknowledge and agree that the following warnings and disclaimers apply in relation to the Programs:
- The Programs are only a general guide to fitness and nutrition. They have not been tailored to your individual circumstances or state or level of health and fitness. The Programs must only be utilised by you in conjunction with medical advice obtained from a general practitioner and any other relevant health professionals.
- Before participating in any fitness or nutritional program relating to the Programs, the Supplier strongly recommends that you obtain medical advice from your general practitioner and any other relevant health professionals to ascertain whether or not the Programs are safe for you to utilise. The Supplier and its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not medical practitioners, do not provide any medical advice in connection with the Programs, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet in relation to your medical condition(s).
- A failure to obtain medical advice from your general practitioner and any other relevant health professionals may result in your injury or death.
- The Programs are not a substitute for medical advice from your general practitioner and any other relevant health professionals.
- You should never disregard, or delay seeking, medical advice because of any information provided by the Supplier in connection with the Programs. The Programs should not be used to replace the need to obtain medical advice from your general practitioner and any other relevant health professionals.
- Should you have any health and wellbeing queries which arise as a result of utilising the Programs, the Supplier strongly recommends you obtain updated medical advice from your general practitioner and any other relevant health professionals.
- Should you experience any pain or discomfort while utilising the Programs, you must immediately cease the activity and seek urgent medical assistance.
- Without limiting the above health information, if you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, you must not utilise the Programs prior to obtaining medical advice from your general practitioner and any other relevant health professionals.
Incorporation of Subscription Terms
- The supply of the Programs by the Supplier to you in connection with this Application is subject to the Subscription Terms.
- A subscription provides you with access to the Programs for a specified period of time and in consideration of the specified fees at the time you order the subscription.
- In order to register your subscription to the Program, you will be required to create an account with the Supplier. The login details associated with your subscription including username and password must not be shared with any other person.
- If any misuse of your login details is detected or suspected by the Supplier (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund.
- The Supplier will process your digital subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.
- If your initial payment authorisation is revoked, your subscription will be terminated. The Supplier reserves the right to reject any subscription order at any time.
- Subscriptions renew automatically unless you cancel according to our cancellation provisions. Payment for digital subscriptions will be direct debited from your nominated financial institution or payment method.
- It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through the Application.
- If your payment method is invalid, or your payment is otherwise rejected, your subscription may automatically be cancelled and unlimited access revoked. If your subscription is cancelled due to such a payment issue, the Supplier makes no guarantee that the same subscription at the same price will still be available to you at a later date.
- Subject to the cancellation provisions and the limitation of liability provisions contained in these Subscription Terms, all charges are non-refundable.
- Subject to the immediately following provision, if for some unforeseen reason your complete access to the Programs is unavailable for a continuous period of more than 24 hours, you may be eligible for a credit of a pro-rated amount for the period of the service outage.
- You will not be eligible for a refund or credit of any nature due to the outage which is beyond the reasonable control of the Supplier.
- When you purchase a subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order (if applicable).
- Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD).
- The Supplier reserves the right to change the subscription fees at any time. This will not affect any subscription for a fixed period which is on foot at the time of the change
- You can cancel your subscription at any time by contacting the Supplier in writing through the applicable contact channels listed on the Application.
- Subscriptions are non-refundable. You must notify the Supplier of cancellation at least 72 hours before the next billing date, otherwise the Supplier may not be able to stop your next payment from being deducted.
- When you cancel, you cancel only future charges associated with your subscription. You may notify the Supplier of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.
- The Supplier reserves the right to suspend or cancel your subscription at any time upon reasonable grounds. In the event that the Supplier cancels your subscription, you will receive a pro-rata refund for the balance of the term on your subscription.
- If you email a cancellation request to the Supplier and the Supplier is unable to identify your subscription from the information you have provided, the Supplier will respond directly to your email to request further identifying information. In the event this occurs, you must reply to the Supplier’s email otherwise your subscription will not be cancelled.
Limitation of Liability
- Subject to clause (c) below, and except as expressly provided to the contrary in Subscription Terms, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these Subscription Terms or their subject matter are excluded to the maximum extent permitted by law.
- Nothing in these Subscription Terms excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Consumer Guarantees.
- Where the Supplier is not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to these Subscription Terms (a Non-Excludable Provision), and the Supplier is able to limit the Client’s remedy for a breach of the Non-Excludable Provision, then the Supplier’s liability for breach of the Non-Excludable Provision is limited to (at the Supplier’s election) the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so).
- Subject to the Supplier’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, the Supplier’s maximum aggregate liability for all claims under or relating to these Subscription Terms or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by you under these Subscription Terms.
- Subject to clauses (c) and (d) above, the Supplier will not be liable to you for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption or wasted costs you have incurred, or amounts that you are liable to pay your customers.
- If any provision of the Subscription Terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
- You may not transfer any of your rights or obligations under these Subscription Terms without the Supplier’s prior written consent. The Supplier may transfer any of its rights or obligations under these Supplier Terms without your prior written consent.
- The Supplier’s supply of the Programs to you and the Subscription Terms are governed by the law applying in Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Subscription Terms or in connection with the supply of the Programs.
In these Subscription Terms, the following definitions apply:
Application means the fitness and nutrition program application software provided by the Supplier whether accessed via the Supplier’s website or via an application linked to a mobile device operating system;
Application Use Terms means the terms and conditions by which the use of the Application is regulated, set out here;
Business Days means the days in which banks are open in every state and territory in Australia;
Consumer Guarantees means the guarantees relating to the supply of goods and services contained in the Consumer Law;
Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
Programs means the fitness and nutrition subscription programs accessed via the Application;
Subscription Terms means the above terms and conditions entitled “Subscription Terms” and any terms agreed in writing between you and the Supplier relating to the Programs;
Supplier means Acero Training Series and any of its permitted assignees; and
You means a subscriber to the Programs.