- “App” means the “10 Weeks to Stronger”App, which is available on iOS.
- “Clients” means any customer or person accessing the services of the Subscriber.
- “Confidential Information” means all confidential proprietary and copyrighted material provided to you which is non-public relating to our business, analyses, technology and includes all valuation models, data and derivative tools.
- “Content” includes any and all material, links, words, addresses, images and information you provide to us or add to the Platforms, including but not limited to information you add to your account or any part of the Platformsto enable us to provide the Services.
- “GST” means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) or any other applicable law.
- “Licence” means a licence to use the Platforms, as described under the “Licence” clause of these Terms.
- “Platform” means either the Website or the App.
- “Platforms” means the Website and the App collectively.
- “Services” meansthe ability to set up client files and programs for exercise and training purposes and other services, and the ability to track fitness progress, which may be offered from time to time through the Website or our App.
- “Subscriber” means a subscriber to the products and services on or throughthis Website.
- “Website” means www.10W2S.com.
- “We”,“our” and “us” means 10 Weeks to Strong Pty Ltd,www.10W2S.com, and includes its directors, employeesand contractors.
- “You” means the Subscriberto our Services.
- In order to sign up to our Platforms,and to access our Services, you must register and provide your payment details.
- The first week’s subscription is free.
- A fee of $4.99AUDplus GSTwill be charged in advance for the second week and all subsequent weeks. This fee may be increased by us at any time by providing written notice to you.
- The weekly subscriptionfee is automatically deducted from your nominated payment methodat the beginning of each weekunless you or we cancel the subscription in accordance with the below cancellation terms.
- We do not provide any refunds on cancelled services and no exceptions will be made in order to treat all Subscribers in the same manner.
- By registering for our Platforms or Services, or by downloading, installing, using, or pay any fees for the Platforms or the Services, you hereby agree to be bound by these Terms.
- These Terms constitute a binding agreement between you and us.
- If you do not understand these Terms or do not agree to be bound by them, then you must not register for our Platforms or Services and you must not download, install, use, or pay any fees for our Platforms or Services.
In consideration for your registration and your agreement to comply with these Terms, we grant to you a non-exclusive, non-transferable, revocable, limited licence to use the App in accordance with these Terms (“Licence”).
These Terms, and the Licence granted under them, are effective on the date you first register for a Subscription, or download, install, use, purchase or pay any fee for the Platforms (whichever is the earliest).
These Terms, and the Licence granted under them, continue for as long as you use, retain, or continue paying any fees for the Platforms or the Services, unless terminated under these Terms.
AGREEMENT FOR SUBSCRIPTION SERVICES
To be eligible to subscribe to our Platforms, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact, paymentand other information updated.
- You are responsible for and have the right and permission to use the Content for and in relation to the Services. You agree to indemnify us and take over any claim of any third party, directly or indirectly related to the use of any Content or in relation to your use of the Services.
- We are only providing you with facts, information, insights and ideas, for your own consideration and use. You need to decide what may work best for your own fitness needs. We do not have access to your personal information, health records, medical records, or other personal factorsand these are not taken into account when you receive the Services via our Platforms.
- We do not warrant, promise or guarantee that any of the information we providevia our Platforms or your use of the Services will lead to any particular results.
- You are not to share, re-create, or otherwise reproduce the information or Services on or provided through the Platforms, or otherwise transmitted to you by us except as agreed in these Terms and as intended. In particular, you are not to sell, re-sell or otherwise provide our Services in any way, manner, or medium to any third party or to create any derivative works based on our Services. No reproduction, distribution or transmission of the copyrighted material on our Platformsor connected with the Services is permitted without our written permission which may be granted in our sole discretion.
- You will not transfer, sublicense or grant access to the Platforms or any of our Services, to any other person, company, or business except as agreed in these Terms.
- You will use our Platforms and Services in good faith and will not manipulate, alter, circumvent, or in any way use our Platforms or our Services in an unlawful manner or for unlawful means, whether direct or indirectly.
- We may, from time to time, be required to review your Content to comply with our legal obligations. If your Content is illegal or breaches these Terms, we may remove and delete some or all of the Content. We may also prevent access to, delete or refuse to provide to you any Content which violates any law or these Terms. We have no obligation otherwise to monitor or review any Content at any time.
- You warrant that any information you provide to us will abide by the current Australian Privacy legislation. In particular, you will at all times ensure that you abide by the Australian Privacy legislation in relation to use, access, storage and destruction of such information.
- You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Platforms.
- You may not release or communicate results from any functional evaluation or performance evaluation of the Platforms to any third party or third parties.
- You are strictly prohibited from using the Platforms or the Services for spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- You may not use the Platforms or the Services to harass, abuse, or threaten others or otherwise violate any person's legal rights.
- You may not use the Platforms or the Services to perpetrate any fraud.
- You may not use the Platforms or the Services to publish or distribute any obscene or defamatory material.
- We make no warranty that the Platforms or the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Platforms are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Platformsbecome unavailable for any lengthy and unusual time period.
- ThePlatformsuse third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
USING THE APP
- If you wish to use the App, then you need to download the App and ensure that you download and install all relevant updates.
- The App includes software code, scripts, interfaces, graphics, displays, text, documentation and other components.The App may prompt you to select certain information, such as your age and the date. You acknowledge that the information you select must be accurateand the information results on the App are based on the information you provide. We will not be responsible if you select incorrect variables or provided inaccurate information resulting in a result which is not accurate.
- We do not guarantee that you will have continuous and uninterrupted access to the App or that the App will be free of any harmful code, virus or other malware. We do not accept responsibility for any interference or damage to your device.
- We may from time to time release software updates, patches, upgrades, bug fixes or other modifications for the App (hereinafter "Updates").
- You may be required to install Updates in order to use the App or the Services.
- You agree to promptly install any Updates that we provide.
- Updates may be installed automatically, without any additional notice being provided to you, and without any additional consent being sought from you.
- By downloading, installing, using, purchasing or paying any fee for the Platforms, you also consent to these Updates.
- If you do not want to receive Updates, you must stop using thePlatforms.
MODIFICATION OF PLATFORMS AND CONTENT
- We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services, the App or the Website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
- We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
LICENCE FOR ONE COMPUTER OR DEVICE
- The Licence permits you to download, install and use the App on one (1) computer or device which is owned and controlled by you.
- The Licence permits you to save an archived copy of the App on a storage device, only for the purpose of reinstalling the App.
- The Licence does not permit you to download, install or use the App on more than one (1) computer or device at any time.
- The Licence does not permit you to share the App, or any part of the Platforms, with other users.
- The Licence does not permit you to download, install or use the App on any system that allows multiple users, including but not limited to:
- (a) any system or network that is accessible by multiple users;
- (b) any system or network that allows shared use of applications; and
- (c) any other system or network that allows any user(s) other than you to download, install or use the App.
- except in the event that you have a valid Licence for each copy of the App on each individual computer(s) or device(s) on which you download, install or use the App.
- We provide the Platforms and the Services for education and information purposes only.
- If you intend to use the Platform or the Services for your own purposes in relation to your physical fitness and wellbeing, you should first consult with a qualified and accredited exercise professional and seek their opinion regarding the suitability of the Platform or the Services for your circumstances.
- In the event that you know or suspect that you may be suffering from a relevant illness or injury, then you should seek advice from your treating practitioner before using the Platform or the Services. You should always seek advice from your own professional practitioner before commencing activity, diet or other regimes which may impact your health.
WE DO NOT PROVIDE PERSONAL ADVICE
- All of the information that we provide via the Services or our Platforms is educational only and is not meant as personal advice nor is the information specific to your own personal situation.
- Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.
- If you use the Services and/or our Platforms 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 us, our employees, directors, officers, instructors, commentators, agents and representatives, and any third parties associated with this App, from any and all claims or causes of action, known or unknown from any claim whatsoever including but not limited to death, injury and/or property damage.
- We do not warrant or guarantee any improvement in performance, level or fitness. Results may vary from individual to individual.
- You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Platforms, the Servicesor any information contained on it or linked to it.For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
- This limitation of liability clause includes any reliance by you on the information on thePlatforms, or any issues you experience in relation to access to or inability to use the Platforms.You assume all risk in using the Platforms and the Services and we cannot be liable for your use of or reliance on the Platforms or the Services. While we endeavor to keep the App and Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
AUSTRALIAN CONSUMER LAW
- Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
- Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Services will be provided with due care and skill and fitness for a particular purpose.
- When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- (a) The supply of any services again; or
- (b) The payment of the cost of having any services supplied again.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, privacy laws or other applicable laws, (ii) any third party claims (iii) any activity you may engage in through any use of the Platforms or our Services, or(iv) your use of the Services.
RIGHTS IN THE PLATFORMS
- These Terms provide a Licence to the Platforms. It is not an assignment agreement or a sale agreement.
- In no event will these Terms be deemed to assign any intellectual property rights in the Platforms from us to you.
- We retain any and all intellectual property rights and all other rights and title to the Platforms, except for those rights which are expressly licensed to you in these Terms.
- The Platforms, and all custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of us.
- All other trademarks or service marks within the Platforms are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through the Platforms or our Services.
- You agree and acknowledge that we retain all right, title and interest in the Platforms and the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Platforms and the Services.
- You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on the Platforms. Any unauthorised use of the materials appearing on the Platforms may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- You agree not to disclose any Confidential Information to any third parties except as otherwise permitted in writing by us, on such terms as we specify in our sole discretion.
- You undertake to ensure that other persons do not gain access to the Confidential Information other than as permitted under this clause. You may only disclose the Confidential Information (to the extent reasonably necessary) to your legal advisors in relation to your rights and obligations under these terms or where such disclosure is required by regulation or law provided you have first notified us.
CONSENT TO DATA USE
- You hereby agree that we may collect, monitor, review, analyse, use, share or sell to third parties, data or information we collect from your use of the Platforms or the Services for our own use, to improve our Services or to track analytics.
You hereby provide the following warranties (hereinafter the "User's Warranties"):
- (a) That You have the full legal authority and capacity to enter these Terms.
- (b) That You are of sufficient legal age to enter these Terms under the laws of Australia.
- (c) That You will only use the Platforms and the Services in accordance with the Licence granted under these Terms.
CANCELLATION, GUARANTEE AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION :
You are solely responsible for cancelling your subscription through our Platforms or by notifying us in writing at firstname.lastname@example.org
We require a minimum of 5 days notice prior to the next automated payment to be processed. In the event that you cancel within the specified time period and the payment is still deducted from your account, please notify us and we will work with you to have this payment reversed. Please note, we do not provide partial refunds. We will only cancel your subscription for the weeks following your written notice of cancellation.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME :
We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platforms with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Platforms immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Platforms. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
SURVIVAL OF OBLIGATIONS
Notwithstanding any other provisions of these Terms, at the termination, expiration or completion of these Terms, any provisions of these Terms which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.
None of our powers or rights created under these Terms shall be deemed to have been waived by any act or acquiescence of us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure toenforce any provisions of these Terms shall not constitute waiver of such provision or any other provision.
If any provision of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms.
These Terms are governed by the laws of New South Waleswhich are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.
To contact us about these Terms or to seek further information, you may write to email@example.com.