1. F45 TRAINING’S WEBSITE TERMS AND CONDITIONS
The F45 Training’s website at http://f45store.com
and related mobile applications (together, the Website) are owned and operated by (ACN 162 731 900) of 30 Alma Street Paddington NSW, Australia (“F45”, “we”, “us”, “our”). By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian. These terms apply to the use of this Website, including the use of the information services provided through this Website. Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that 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 and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that F45 is entitled to suspend or terminate your use of the Website or membership at any time if F45 considers that you have brought, or may bring, the reputation of F45 or its members into disrepute. If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
2. CONDITIONS OF USE OF WEBSITE
2.1 Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
2.2 Information provided on Website
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be themost current knowledge. In addition, 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.
2.3 Nutritional Information
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of FSANZ, F45 or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes. There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 may represent an averageof the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
2.4 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 cannot 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 Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
2.5 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. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
2.6 Non F45 services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the F45. If in the opinion of the F45 members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then F45 reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
2.7 Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannotensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
2.8 Indirect and Consequential Loss
To the extent permitted by law, and subject to clause , in no event will we (or 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.
2.9 Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option: (a) if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or (b) if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
2.10 Fitness Levels
In conjunction with the meal plan and advice provided on the Website, we recommended that you exercise regularly. Persons with pre-existing medicalconditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website: • pregnant women and women who are breastfeeding or who are trying to conceive a child; • persons with any on going physical condition such as: • persons suffering from cancer or other long term illness; • persons with liver disease, kidney disease, or renal failure, • persons with eating disorders; • persons with diabetes, blood pressure or cholesterol issues; • elderly persons; • persons recovering from or recently recovered from illness or injury; and • persons with a low body mass index. Further, even if you do not fall into the above classes of persons, 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 is included 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. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm ordisadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
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.
4. INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) 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. All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as grantingany rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission. The following are examples of conduct that are not authorised by these terms: (a) publishing or posting any of the content (such as recipes or exercise programs) on any other website, but excluding your personal social media pages; (b) using the logo or trade marks of this Website, the phrase "F45 Training" (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services); (c) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and (d) systematic downloading or "scraping" of content of the Website. We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include: (a) the frequency and nature of any downloads; and (b) the time of access and IP addresses used to access the Website. We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
5. LINKED WEBSITES
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there arematerial changes to these Terms and Conditions that could adversely affect you or F45 members, we will provide you additional notice to you at the time that you access the Website following any variation.
7. PERSONAL INFORMATION COLLECTION NOTICE
8. CONTEST – GAME OF SKILL
(a) The F45 Training and associated contest is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual overly body transformation, which will be determined by taking into account body fat percentage loss, weight loss and overall appearance. (b) Employees of the promoter and agencies associated with this promotion (F45 Training Pty Ltd) are ineligible to enter the competition, as are their immediate families. Additionally, persons who are not members of a F45 Studio for the duration of the F45 Training are not eligible for any of the prizes associated with this promotion. (c) The winner/s of the F45 Training will be determined by F45 Training Pty Ltd at its sole discretion. (d) Winners of the competition must be 18 years old and a member of an F45 Studio. (e) The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control. (f) The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged for another itinerary. In the event that, for any reason whatsoever, a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. (g) The promoter reserves the right to substitute any component of the prize for an itinerary of equal value at their discretion. (h) Prize cannot be gifted to other persons in lieu of the winner not being able to travel. Should the winner not be able to complete all aspects of the itinerary within the period of prize validity, the remaining items shall be forfeited without any replacement for their value. (i) The winner is required to obtain the relevant & suitable travel insurance at their own expense in order to be able to take the competition prize. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to, Valid passports, visas, and health requirements, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s. (j) Prize includes return international flights and 5 nights accommodation to a holiday destination to the value of $3,300. The location will be determined according to winner’s country of residence. Any Additional spending money, flights, meals, insurance, taxes, passports, visas, extra accommodation, items of a personal nature, inoculations, travel to and from departure point, additions to stipulated itineraries and offered flights and all other ancillary costs are the responsibility of the winner. Unless expressly stated, all other expenses become the responsibility of the winner. (k) The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws. (l) By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules. (m) The winner will be notified in writing by email within thirty (30) working days of the conclusion of the competition.