1. Pain Free Fitness – Terms and Conditions - ABN 92 551 482 587
1.1 Ownership, Copyright © 2019.
(a) This copyright notice applies to the website: (a) http://www.Painfreefitness.com.au (b) is owned by Pain Free Fitness ABN 92 551 482 587. Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
(b) Intellectual property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth) and under the law of a country other than Australia.
1.2 Definitions
For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
(a) our, ourselves, us, we, Program, Pain Free Fitness and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(b) party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(c) you or yours refers to you, the person accessing the website, application, or any other material provided and agreeing to the terms and conditions of your use of the website and its contents;
(d) licence means these terms and conditions for use of this website and its contents;
(e) one gender includes each other gender;
(f) the single includes the plural and the plural includes the singular;
(g) PFF means Pain Free Fitness;
(h) Registration means registration to use the website, application or any other material provided to you;
(i) Website means collectively the websites http://www.painfreefitness.com.au, Forum, Plan, Products and/or Services offered or provided by or in the websites;
(j) the workouts and associated programming within the pain free fitness app is part of the Plan.
2. Scope of Licence
(a) By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sub-licensable licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website and our application.
(b) The term of this Licence shall be for a period of time agreed upon by both parties from the date of registration of your activation.
2.1 Use of Website and Application
(a) These terms and conditions govern your right to use the Website and application, your access to and use the Plan, the Forum, and/or any products or services acquired in relation to the Plan or Pain Free Fitness and/or the Website and/or any links provided on the Application.
(b) In downloading any content from the Website or Application to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website and Application is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Plan, the Forum or Application.
(c) You agree that in downloading any service or product from the Website or Application, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website or Application and/or make it available over a network where it could be used by multiple devices at the same time.
(d) You agree that your use of the Website and Application will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
(e) You agree that in using the Application or Forum, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
(f) You agree that you will not post comments about the Website, Application or Forum, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
(g) Your Agreement, in accessing the Website, Application, including any and all webpages, the Plan, Program, Pain Free Fitness and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
3. Eligibility
(a) You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age have provided written parental consent. If you are accessing and using the Website or registering for access to the Plan, Program, Application, or any of the Website's services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
(b) Without limitation, the Website is available only to individuals that can form legally binding contracts under Australian law.
(c) We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
(d) Application membership. You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Application, for the Plan, Program, Pain Free Fitness and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
(e) Once you register for the Application, you will be given access to a "Clients only" email subscription and Forum access.
(f) Access to the information provided through email subscription and the Forum is for your sole use only.
(g) Any password or right given to you to obtain access to the "Clients only" email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party.
(h) We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
4. Cancellation/Termination
(a) You may cancel your Registration at any time without incurring a fee.
5. Risk
(a) You expressly acknowledge that your use of the Website, Application, The Plan, Programming and its products and/or services is at your sole risk.
6. Medical Disclaimer
(a) We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Website/Forum/Program/Pain Free Fitness or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
(b) You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website, Application, and/or participate in the /Forum/Program/ Pain Free Fitness and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, Application, Program, Pain Free Fitness and/or its products or services.
(c) In relation to the use of the Application, you are responsible for making your own enquiries about your ability to participate in any exercise sessions provided and obtain your own medical advice concerning this issue and we shall not be responsible for any injury or health problem that may, or could arise, from your participation in any exercise sessions undertaken via the Application.
(d) You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, Application and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, Application, Program, Pain Free Fitness or its products and services, is at your sole risk.
7. Limitation of Liability
(a) Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
8. Our rights to modify services
(a) You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website, Application and/or the Terms and Conditions, as we see fit.
(b) We will publish any intended changes on the website or Application and you will be deemed to have accepted such changes when you first access the Website or Application following our publication of the notice of change on the Website.
9. Jurisdiction
(a) These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
10. Indemnity
(a) You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website, Application and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
(b) You shall indemnify us from any claim, liability, costs and/or expenses arising from any injury or health problems that could or may arise from your participation in the Application, Pain Free Fitness and/or its other services.
(c) You are liable for all content posted by you on the Forum.
(d) You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
(e) You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
11. Privacy
(a) We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
(b) We will manage your personal information in accordance with the requirements of Australian laws.
(c) We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
(d) You acknowledge that while participating in the Application or within Pain Free Fitness there may be photographs or video footage taken of you during the sessions. Pain Free Fitness may use these photos and footage for future advertising, for Facebook posts etc. Should you wish to not have photos / video of yourself used in this manner please inform us at kathy@painfreefitness.com.au
12. General
Entire agreement:
(a) These Terms and Conditions form the entire agreement between us and you in relation to the Application, Website, Pain Free Fitness and its Services and your use of it.
(b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
1.1 Ownership, Copyright © 2019.
(a) This copyright notice applies to the website: (a) http://www.Painfreefitness.com.au (b) is owned by Pain Free Fitness ABN 92 551 482 587. Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
(b) Intellectual property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth) and under the law of a country other than Australia.
1.2 Definitions
For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
(a) our, ourselves, us, we, Program, Pain Free Fitness and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(b) party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(c) you or yours refers to you, the person accessing the website, application, or any other material provided and agreeing to the terms and conditions of your use of the website and its contents;
(d) licence means these terms and conditions for use of this website and its contents;
(e) one gender includes each other gender;
(f) the single includes the plural and the plural includes the singular;
(g) PFF means Pain Free Fitness;
(h) Registration means registration to use the website, application or any other material provided to you;
(i) Website means collectively the websites http://www.painfreefitness.com.au, Forum, Plan, Products and/or Services offered or provided by or in the websites;
(j) the workouts and associated programming within the pain free fitness app is part of the Plan.
2. Scope of Licence
(a) By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sub-licensable licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website and our application.
(b) The term of this Licence shall be for a period of time agreed upon by both parties from the date of registration of your activation.
2.1 Use of Website and Application
(a) These terms and conditions govern your right to use the Website and application, your access to and use the Plan, the Forum, and/or any products or services acquired in relation to the Plan or Pain Free Fitness and/or the Website and/or any links provided on the Application.
(b) In downloading any content from the Website or Application to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website and Application is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Plan, the Forum or Application.
(c) You agree that in downloading any service or product from the Website or Application, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website or Application and/or make it available over a network where it could be used by multiple devices at the same time.
(d) You agree that your use of the Website and Application will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
(e) You agree that in using the Application or Forum, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
(f) You agree that you will not post comments about the Website, Application or Forum, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
(g) Your Agreement, in accessing the Website, Application, including any and all webpages, the Plan, Program, Pain Free Fitness and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
3. Eligibility
(a) You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age have provided written parental consent. If you are accessing and using the Website or registering for access to the Plan, Program, Application, or any of the Website's services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
(b) Without limitation, the Website is available only to individuals that can form legally binding contracts under Australian law.
(c) We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
(d) Application membership. You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Application, for the Plan, Program, Pain Free Fitness and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
(e) Once you register for the Application, you will be given access to a "Clients only" email subscription and Forum access.
(f) Access to the information provided through email subscription and the Forum is for your sole use only.
(g) Any password or right given to you to obtain access to the "Clients only" email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party.
(h) We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
4. Cancellation/Termination
(a) You may cancel your Registration at any time without incurring a fee.
5. Risk
(a) You expressly acknowledge that your use of the Website, Application, The Plan, Programming and its products and/or services is at your sole risk.
6. Medical Disclaimer
(a) We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Website/Forum/Program/Pain Free Fitness or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.
(b) You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website, Application, and/or participate in the /Forum/Program/ Pain Free Fitness and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, Application, Program, Pain Free Fitness and/or its products or services.
(c) In relation to the use of the Application, you are responsible for making your own enquiries about your ability to participate in any exercise sessions provided and obtain your own medical advice concerning this issue and we shall not be responsible for any injury or health problem that may, or could arise, from your participation in any exercise sessions undertaken via the Application.
(d) You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, Application and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, Application, Program, Pain Free Fitness or its products and services, is at your sole risk.
7. Limitation of Liability
(a) Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
8. Our rights to modify services
(a) You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website, Application and/or the Terms and Conditions, as we see fit.
(b) We will publish any intended changes on the website or Application and you will be deemed to have accepted such changes when you first access the Website or Application following our publication of the notice of change on the Website.
9. Jurisdiction
(a) These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
10. Indemnity
(a) You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website, Application and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
(b) You shall indemnify us from any claim, liability, costs and/or expenses arising from any injury or health problems that could or may arise from your participation in the Application, Pain Free Fitness and/or its other services.
(c) You are liable for all content posted by you on the Forum.
(d) You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
(e) You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
11. Privacy
(a) We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
(b) We will manage your personal information in accordance with the requirements of Australian laws.
(c) We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
(d) You acknowledge that while participating in the Application or within Pain Free Fitness there may be photographs or video footage taken of you during the sessions. Pain Free Fitness may use these photos and footage for future advertising, for Facebook posts etc. Should you wish to not have photos / video of yourself used in this manner please inform us at kathy@painfreefitness.com.au
12. General
Entire agreement:
(a) These Terms and Conditions form the entire agreement between us and you in relation to the Application, Website, Pain Free Fitness and its Services and your use of it.
(b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.