Terms and Conditions

Please read the following terms and conditions relating to your use of our website carefully.

The website of BreakthrU Health and Wellness Pty Ltd (BreakthrU) and all associated mobile applications are owned and operated by BreakthrU (collectively, “we”, “us” or “our”). “You” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use our Website. Any reference to the Website includes all associated mobile applications we own or operate currently or in the future (collectively, “our Website”). Acceptance of these terms and conditions forms a legal agreement. Our Website is not for use by children and is not directed to children. This Website is for use and access by individuals who are eighteen (18) years or older. By clicking “I accept”, you declare that you are at least 18 years old and agree to be personally bound by these terms and conditions. If you are accepting on behalf of a minor, you can only accept if you are their legal guardian and by clicking “I accept”, you declare and warrant that you are their legal guardian and that you have informed them of their obligations as a user of this Website.

Scope of Terms and Conditions By using our Website, you agree to these Terms and Conditions (“Terms & Conditions”) and to be legally bound by them just as if you had signed an agreement containing the same terms and conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your account or registration with us.Your use of our Website is subject to important disclaimers, limitations of liability and indemnities which you should read carefully before using our Website.
Terms and Conditions – right to cancel or terminate We reserve the right to cancel or terminate your account and your password and to deny you access to our Website if you do not comply with these Terms & Conditions. You agree that any termination or cancellation of your access to, or use of, our Website may occur without prior notice to you and without providing any reason for such termination. We also may at any time at our discretion discontinue, modify or alter any aspect of our Website. You agree that your only rights with respect to any termination or cancellation of your access to, or use of, our Website or any change in content or any change in the services offered or fees or charges associated with our services is to cancel or terminate your membership with us.You understand and agree that to the maximum extent permitted by applicable law the cancellation or termination of your registration or account is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of these Terms and Conditions or our practices or policies.We may add additional terms and conditions to these Terms & Conditions for any specific events or activities. The additional terms may be placed on our Website and the additional terms will when placed on our Website, or otherwise made public, be incorporated into and form part of these Terms & Conditions.
Conditions of use of site Upon registration as a member, you will be provided with a username and password linked to your account. These are personal to you. You must not disclose them to anyone or allow anyone else to access or use your account. All access to your account is your responsibility completely. You agree to notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password. You accept and agree that any access to or use of your account shall be deemed to be access or use by you and that you will be liable for any transactions, including purchases that are made using your account regardless of whether or not you were aware of them at the time of purchase.

Medical Advice – Consult your doctor or healthcare professional

We take the health and safety of all BreakthrU members seriously. We advise all members to consult their doctor or appropriate allied healthcare professional especially if you answer ‘YES’ to any of the 7 following questions:

Has your doctor ever told you that you have a heart condition or have you ever suffered a stroke?
Do you ever experience unexplained pains in your chest at rest or during physical activity/exercise?
Do you ever feel faint or have spells of dizziness during physical activity/exercise that cause you to lose balance?
Have you had an asthma attack requiring immediate medical attention at any time during the past 12 months?
If you have diabetes (type I or type II), have you had trouble controlling your blood glucose at any time during the past 3 months?
Do you have any diagnosed muscle, bone or joint problems that you have been told could be made worse by participating in physical activity/exercise?
Do you have any other medical condition(s) that may make it dangerous for you to participate in physical activity/exercise?

This Website provides information applications and content published over the internet and is intended only to assist users toward a fitness regime. We cannot give you medical advice or diagnosis and nothing on our Website is intended to be used as medical advice. Any information produced by us should not be interpreted as a substitute for medical advice from an appropriate qualified doctor. You are urged and advised to consult a qualified medical professional before beginning any fitness regime or if you have any medical condition or injury.

Before you rely on any information produced by us that is on our Website, you should carefully assess the information and if you have any concerns, obtain appropriate professional medical advice.

Our staff and consultants include practitioners experienced in nutrition and fitness. From time to time our staff and consultants may provide information to members for general knowledge or educational purposes. Although our staff and consultants may sometimes receive requests from members for specific information, they do not give medical advice or diagnoses nor do they give advice on treatment. If considered appropriate, our staff or consultants may refer a member to a qualified doctor or other healthcare professional; however, any such referral is not and should not be construed as an endorsement, promotion or recommendation by us.

Information Provided on Website

The information provided by us on the Website is provided in good faith. We believe the source of the information to be accurate and up to date at the date of publication. We may update any information on the Website at any time but we cannot guarantee and do not warrant that the information on the Website is the most current available. To the maximum extent permitted by applicable law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and make no guarantee of any specific result or outcome from our use of our Website or the information provided through it. To the maximum extent permitted by applicable law, we shall not be liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Nutritional Information

Nutritional information provided on the Website is provided by our consultants or taken from other sources we believe to be accurate and up to date at the date of publication. Before you rely on any information produced by us that is on our Website, you should carefully assess the information as appropriate for your purposes, and if you have any concerns or require any further information obtain appropriate professional advice relevant to your circumstances.

Website Recommendations

Certain functions of the Website may provide recommendations based on information and data provided by you. These are general non-specific automated responses that are pre-programmed and generated by the Website. They do not take into account any other factors that may be specific or otherwise relevant to you. These recommendations and results are for your general information purposes only and are neither medical nor professional advice. You should not rely on these recommendations and results, and you should obtain professional advice specifically for you and your circumstances from healthcare professionals. To the maximum extent permitted by applicable law, we shall not be liable or responsible for any recommendations and results generated by use of the Website.

Minimum Fitness Level

You will need to consider your level of fitness before you participate in any exercises and activities as part of the fitness regime provided by us. If you have any pre-existing medical conditions, are not in good health or have any concerns about starting a new fitness regime, we urge and advise you to consult a qualified medical professional before beginning a fitness regime or starting the exercises and activities. While the information provided by us on the Website is provided in good faith it may not be applicable or appropriate to you or to your circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

You accept and agree that the service twe provide on the Website is an information service only, and that you are solely responsible for either following or not following (at your own discretion) any exercise program or regime that we provide as part of the information service. We are not responsible for any injuries that you may suffer as a result of doing the exercises and activities or following the fitness regime provided by us. There are risks specifically associated with participation in recreational activities and accidents can and do happen which may result in personal injury, death or property damage. Prior to undertaking any recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you have and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. 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. By registering and accepting these Terms & Conditions, you acknowledge, agree, and understand that participation in a fitness regime provided by us may involve risk and that by participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, you acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. By registering and accepting these Terms & Conditions you agree that our liability in relation to recreational services (as that term is defined in s139A of the Competition and Consumer Act 2010 (Cth)) for any:

death;
physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
the contraction, aggravation or acceleration of a disease;
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:
that is or may be harmful or disadvantageous to you or the community;
that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you have registered) resulting from the supply of recreational services by us is excluded and the application of any express or implied term that any services will be provided with due care and skill,

is hereby excluded 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.

User Content, Standards and Conduct

You do not have to become a registered user to use our Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on our Website to participate in, and to contribute to, any Forum or use an account feature of our Website. A “Forum” means any community section, message board, bulletin board, or similar activity where you and other users of our Website can communicate. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself and to keep it accurate.

You acknowledge that all information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (User Content) whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (“Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through our Website. We do not control the Postings of others and, as such, you agree that we have no responsibility for the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using our Website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), to the maximum extent permitted by applicable law under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through our Website.

You agree not to use our Website (including any Forums) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):

upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
harm, wrongly influence or threaten children in any way;
impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder or agent of us or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, or any other person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through our Website;
upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual relationships;
upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of commercial solicitation or promotion, except in those areas, if any, that are specifically designated for such purpose;
upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to use any Forum;
interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of networks connected to our Website;
intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk” or otherwise harass another user of our Website; or
collect or store personal data or attempt to collect or store personal data about other users of our Website;

Your privilege to use our Website (including the Forums) and to contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines described above. We may revoke your privileges to use all or a portion of our Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. If you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, message board communications, are public and not private communications. We reserve the right to monitor any areas of our Website (including any Forum) for adherence to the community standards and conduct guidelines set out above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive.

Links

These Terms & Conditions apply only to our Website, and not to any other website. We may provide, or third parties may provide, links to other websites or resources. We encourage you to read the terms and conditions of use, and privacy policy guidelines, of such other website before conducting any material use of, or access with, that website. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

Third Party Products and Services

You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transactions.

Payment and refunds All request for services and orders for products are subject to our acceptance. Acceptance and continued access to our services is always subject to us having first received payment from you. We reserve the right to terminate your access to our service if payments are not received when due.All our fees and other charges are GST inclusive.All fees are non-refundable unless except as expressly set out in these terms and conditions or if during the period in which you have paid for access to our service through our Website, the service is not available for a period lasting more than 3 days. In that circumstance, a pro rata refund may be granted if requested by you in writing. We may refuse a request for a pro rata refund where the service was able to be provide to you through alternative means.You will not be able to terminate your subscription prior to the end of the contracted term, and you will not be granted a refund except as expressly set out in these terms and conditions.

If you have elected to pay fees in instalments, you acknowledge that your account will continue to be debited until the end of the contracted term.

Our services and the products we may sell come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products we sell you repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

Our products

By placing an order to purchase a product from us you agree to these Terms and Conditions. Title to the product will pass to you when you provide full payment for the product or when you receive the product, whichever is the later.

Risk of loss or damage to the any products purchased shall pass to you on the date that we provide the product to a third party for delivery to you.

Any estimates made in relation to any delivery date of any products are estimates only and we provide no warranty or representation that such an estimate will be correct.

Charges and Fees for Products

By registering with us you agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), any fixed and periodic charges and fees set out on the Website such as recurring monthly fees or fixed price fees and any other charges, costs and fees incurred in order to access or purchase any products from us.

Cancellation of registration or account

You accept and agree that if you cancel or terminate your registration or account prior to the end of your contract period that your account will continue to be debited until the end of your contract.

Upon cancellation or termination of your registration or account, we may at our discretion immediately deactivate your account and all related information in your account and/or deny any further access to such information and/or our Website.

You may cancel your subscription by contacting us by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after receipt of requests. If you cancel near the end of your current billing period and have been or are inadvertently charged for the next period, you should contact us to have the charges reversed. We reserve the right to charge and collect any fees or charges incurred before your cancellation takes effect.

Disclaimers of Warranties for Website Please note the following important disclaimers of warranties, each of which applies to the extent permitted by law:The products, offerings, content and materials on our Website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.Neither we nor any of our or their respective licensors, licensees, service providers or suppliers warrant that our Website or any function contained in our Website will be uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.Any product, offering, content and material downloaded or otherwise obtained through the use of our Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.

Neither we nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in our Website in terms of their correctness, accuracy, reliability, or otherwise.

No advice or information, obtained by you from our personnel or through our Website shall create any warranty not expressly provided for in these terms & conditions.

Limitation of liability You expressly understand and agree that, subject to any applicable law that cannot be excluded, we shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:
the use or the inability to use our Website;
the use of any content or other material on our Website or any website or websites linked to our Website;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our Website;
unauthorised access to or alteration of your transmissions or data;
statements or conduct of any third party on our Website; or
any other matter relating to our Website. Where your loss is not or cannot by law be excluded by these terms and conditions then (subject to any applicable law that cannot be excluded).

In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our Website; and

Our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these terms and conditions is limited to, at our election:

In the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or
In the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of our Website, or with any of these terms & conditions, your sole and exclusive remedy (subject to any rights you may have under applicable law that cannot be excluded) is the discontinuation of your use of our Website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

Indemnity

You agree to indemnify us and our officers, directors, employees, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees incurred on a solicitor/client basis) arising from your improper use of our Website or our products or offerings, your breach of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.To the maximum extent permitted by applicable law, you agree to indemnify us and our officers, directors, employees, and agents against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a fitness regime provided by us, use of your own equipment, or any activity incidental to a fitness regime provided by, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with such fitness regime.You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against us or our officers, directors, employees, and agents arising out of or as a consequence of your participation in fitness regime provided by us, use of your own equipment, or in any activity incidental to such fitness regime.

Intellectual property

All materials on our Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials (“Content”), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws and are the property of their respective owners. You may not distribute, exchange, modify, sell or transmit anything you copy from our Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on our Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trademarks found on our Website. By making them available on our Website, we are not granting you any licence to utilise those proprietary logos, service marks or trademarks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from our Website, you may not remove any copyright or trade mark notices or other notices that go with it.

Variation

We may vary, amend or add to these Terms and Conditions at any time. Where there are to be material changes to these Terms and Conditions that could adversely affect you we will notify you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

received notice of such changes when we place a notice on our Website setting out the changes; and
- greed to the terms and conditions as varied the next time you access your account after we publish the notice on our Website.

If you do not agree with the changes, then prior to you accessing your account you may notify us by email requesting a cancellation and pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your contracted fee calculated by reference to the amount of time remaining on your current fitness regime program.

Internet safety

Our Website seeks to follow the Internet Industry Codes of Practice which is available at www.acma.gov.au. In accordance with the obligations on a Content Host described within the Internet Industry Code of Practice, we:

encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of information which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such information may not be Prohibited or Potential Prohibited Content;
inform you that you must not place on our Website any form of information or content that is in contravention of any Australian State, Territory or Commonwealth law;
warn you to be aware of and to minimise the risks associated with the use of social media websites such as publically assessable forums and chat rooms including risks to personal safety and security of information and encourage you to read more about this and how you can minimise the risks for you and your children by visiting cybersmart.gov.au
inform and urge you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at Communications Alliance LTD ;
inform you that you have a right to make complaints to the Australian Communications and Media Authority about Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting acma.gov.au; and
ask you to contact us if you have a complaint in respect of unsolicited email that promotes or advertises internet sites that enable access information that is likely to cause offence or about any of the content shown on our Website, or to seek further information regarding the above obligations.

Personal information

In registering for access or using our Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service we provide and encouraging other members as well as to financial service providers to allow processing of your payments and to us using your personal information to advertise and market our services to you after you have completed the fitness regime whether you are currently registered with us or after your registration has been cancelled.Our Privacy Policy can be viewed in full here. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

Permission to use photography, audio or video

You consent to us to taking photographs, vision and or audio of you, to making copies of or selling the works, publishing the work in any form, in whole or in part, and to distributing by any medium including, but not limited to, television, print media, internet, other multi-media uses or graphic representation, vision or audio.You consent to us and give us permission to use your photograph, record vision and/or sound for:

the production of resources/programs that will assist us in the services we provide,
promoting and advertising resource materials, productions, activities that would assist us with further educational and promotional requirements,
promoting our courses, programs, services and activities; and
any commercial distribution of the resulting educational or promotional products/resources.

You agree that any photographs, vision and/or audio of you may be made available by us through publicly accessible sites open to the public and that the content placed may be downloaded by persons accessing such sites. You acknowledge that no fee or payment will be provided by us for your permission and that you waive any claim for remuneration, royalties or any other payment in respect of our use of the works.

Severance If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
Survival The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
Assignment We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees
Governing law These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, and courts hearing appeals from those courts.