Terms and Conditions
Last updated: June 2015
BY VISITING OUR WEBSITE YOU ARE AGREEING TO OUR TERMS AND CONDITIONS
The terms “we,” “us,” and “our” refer to Physique Transformations. The term the “Site” refers to Website. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Physique Transformations provides a website where users can read articles on health and fitness and a service where users may purchase training sessions (the “Service”).
Use of website, including all materials presented herein and all online services provided by Physique Transformations, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to health and fitness and other information are subject to change. Physique Transformations makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Physique Transformations disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Using the site
In order to use the Service, you may be required to provide information about yourself, including your name, email address, and other personal information. You agree that any registration information you give to Physique Transformations will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Purchase and payment
All purchases made through this website are in Australian dollars (AUD). Except for the instance of Affilliate Purchases – where it is clearly stated where the currency is American dollars (USD).
Any purchases completed online are via an affiliate sales process, where you will be redirected to another website. All recommended products are those only vetted by Physique Transformations to be of excellent quality.
Any other purchases completed online will be through PayPal.
Any costs additional to the Service ordered (including couriers, other media and travel costs) are in addition to the amount quoted and shall be charged to you as required.
We will email you to confirm the placement of your order and with details concerning your session. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellation and refunds
Service. Cancellation of any sessions requires notice of 24 hours or more. Anything less will be charged to you at your normal rate. Extenuating circumstances will be considered but only given at the discretion of the trainer.
Product. All sales of products via our website will be purchased through an affiliate sales system. Although we only link to companies we use and trust 100%, in the unlikely event your order is mishandled, we take no responsibility for any failure to deliver or product quality on their behalf.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The Site and Service contain intellectual property owned by Physique Transformations, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or our services.
In addition, Physique Transformations is not liable for damages in connection with
- Any failure or performance error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure.
- Loss of revenue, anticipated profits, business, savings, goodwill or data.
- Third party theft of, destruction of, unauthorised, access to, alteration of, or use of your information or property, regardless of our negligence, cross negligence, failure of an essential purpose and whether such liability arrives in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Physique Transformations has been advised of the possibility or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
In no event shall Physique Transformations’ cumulative liability to you exceed the total purchase price of the services you have purchased from Physique Transformations, and if no purchase has been made by you, Physique Transformations’ cumulative liability to you shall not exceed $100.
Third party resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Physique Transformations. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Effect of headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire agreement: Waiver
This Agreement constitutes the entire agreement between you and Physique Transformations pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Physique Transformations shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Physique Transformations.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
By post: 18 Spicer Ave, Hammondville 2170
By email: firstname.lastname@example.org
Governing Law, Venue, Mediation
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.