DREW BAIRD FITNESS PTY LTD

(ACN: 611 969 236)

TERMS OF SERVICE

 Introduction

In these terms of service (Terms):

  • Drew Baird Fitness Pty Ltd (ACN 611 969 236) is referred to as the Companyweour or us
  • the website located at https://www.drewbairdfitness.com/ is referred to as the Site
  • other websites or social media platforms on which we have a presence are referred to as Related Sites
  • someone who pays a subscription fee for the Services is referred to as the Subscriber
  • you, as a Subscriber of the Site are referred to as you and your
  • the personal fitness plan, meal plan and/or any other goods/services sold to you through our Site are referred to as the Services

These Terms are the entire agreement between the Company and the Subscriber with respect to the use of the Site, Related Sites and the Services.

All prior representations and understandings, whether written or oral, are excluded.

The Subscriber must comply with all policies and procedures as published by the Company on the Site from time to time.

Acceptance of these Terms can only be full. Any purported alteration of the Terms by the Subscriber is not binding on the Company.

If any provision of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable, all the remaining provisions nevertheless continue in full force and effect.

Account Information and Acceptance

You warrant that all information provided by you to us in relation to your account is true and correct.

You acknowledge that we provide general health advice and that this advice may not be suitable for your particular situation. Any advice we give to you and that you chose to implement is done solely at your own risk. We are not medical health professionals, nutritionists or dieticians; therefore, we highly recommend that you seek the appropriate medical advice in relation to any advice we give to you and for any Services you purchase from us.

Security

You are responsible for protecting your login details.

Subscribers who share their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Site.

You must notify us immediately if there is any unauthorised usage of your account.

Account Access

There is no charge to join our mailing list or receive our newsletter. However, you will need to purchase a subscription in order to use our Services. Any purchase you make is governed by our payment terms.

After you have created an account on the Site and paid for a subscription, your account will become active. Once your account is active, you will then have full use and enjoyment of the Site and the Services.

By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

Pricing

We make available our Services pursuant to a subscription model. The current subscription price is available on our Site.

The Subscriber will pay the weekly fee for the Service selected by it as indicated on the Subscriber’s application form or any subsequent variation.

Subscription is weekly and renews automatically on the same renewal date of each week. There will be no pre-rated amounts for partial weeks used.

Pricing is subject to change by us. We will notify you of any pricing change prior to the pricing change coming into effect.

A Subscriber, which does not agree to a pricing increase, may discontinue its subscription at any time by providing written notice to us. This notice will become effective at the end of that billed week.

We will issue invoices weekly to the email address as listed in your profile.

Payment

All purchases must be paid via credit card or debit card. Payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processors are PayPal and Stripe.

As we do not handle the processing of your purchase, you must notify any payment discrepancies to the relevant third-party provider.

30-Day Refund Policy

We offer a 30-day full refund to anyone that is not satisfied (for any reason) with their purchase. The 30-day period commences on the day of purchase. You must notify us in writing during the 30-day period in order to receive your refund. Any request for a refund received after the 30-day period has expired are not valid and it is within our sole discretion whether to issue you a refund.

General Refund Policy

The terms of this general refund policy apply to any requests for refunds received after the 30-day period has expired. For the avoidance of doubt, any refund requests submitted to us after the 30-day period has expired will only apply to the current paid subscription week and not the previous 30-day period.

If you choose to close your account, the account will remain active until the end of the current paid subscription week. No refunds will be provided for the unused portion of the week, if any, in which you have closed your account.

No further charges will be made to the Subscriber’s credit card or debit card after the end of the current paid subscription week.

In the event you do not receive the Services for which you have paid, a full refund will be provided for only the current paid subscription week. To receive this full refund you must notify us as soon as reasonably practicable that you are not receiving the Services for which you have paid.

No refunds, whether full or partial, will be issued for any weeks in which you have not notified us of an issue relating to your subscription of the Services.

Use of the Services

You must not:

  • make the Services available to anyone else;
  • sell, resell, rent or lease access to the Services;
  • use the Services to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
  • use the Services to store or transmit harmful code;
  • use a false email address, impersonate others, or misrepresent your affiliation with others;
  • use the Site in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory;
  • interfere with or disrupt the integrity or performance of the Services or any third party applications; or
  • attempt to gain unauthorised access to the Services or our related systems or networks. You may not access the Services to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Services for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.

You must:

  • seek appropriate medical advice in relation to your use of the Services prior to your use of the Services;
  • obtain advice from a qualified nutritionist/dietician as to the suitability of any meal plan designed by us for your use;
  • use the Services within your physical constraints;
  • immediately stop using the Services if your medical health professional advises you to do so; and
  • immediately stop using the Services if you have an adverse or untoward reaction to your use of the Services.

Subscriber Provided Content

The Site and Related Sites may contain information or material posted by Subscribers (Subscriber Provided Content).

For all Subscriber Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.

A Subscriber who submits Subscriber Provided Content to the Site and/or Related Sites:

  • agrees that the content will be treated by us as not being confidential;
  • grants to us a perpetual and irrevocable licence to use, host and publish the Subscriber Provided Content;
  • promises that their Subscriber Provided Content is owned by them or they have authorisation from the owner to submit that content; and/or
  • must not submit any Subscriber Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Site and/or Related Sites by us without notice to you).

We will use our best endeavours to de-identify all Subscriber Provided Content prior to publishing it on the Site and/or Related Sites.

Intellectual Property

All right, title, and interest in and to the intellectual property subsisting in the Site and Services remains with the Company and/or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to the Subscriber by these Terms.

Any and all specialty software, applications, and services, and products offered or may be offered by the Company are maintained by the Company based on the Subscriber’s agreement with the Company.

You may not claim ownership of any products or services created and owned by the Company and hosted within the Site or Services; such are the sole property of the Company including any and all intellectual property associated with such products or services.

You authorise us to use, store, reproduce and manipulate your data stored within the Site in the provision of services to you.

Third-Party Services and Content

We may display content, advertisements and promotions from third parties through our Site or App (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.

Surveys

From time to time, we may ask you to complete a survey relating to your use of the Services. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Services. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of Services to you.

If you complete a survey then we reserve the right to display any information provided to us from your survey. We may, in our sole discretion, display this information (in whole or in part), on our Site or social media accounts. Any information published by us may be used for the purposes of marketing, promotion or improvement of our Services.

We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.

You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.

Site Availability

We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.

However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.

You may not be able to use the Site due to traffic conditions on the internet, problems occurring at the Company's upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.

Indemnity

  • You indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with:
  • your use of the Services, including without limitation to claims relating to damage to property, personal injury or death;
  • any actual or alleged infringement of any intellectual property rights by you;
  • any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
  • any actual or alleged breach of any applicable consumer protection laws and regulations; and
  • negligence or default by you.

Disclaimer

The Company is only responsible for providing the Site and Services in accordance with these Terms.

The Company is not responsible or liable for any illness or other results or damages caused by your use of the Services, including without limitation, for any death, bodily injury or health problems, or any other negative experience with your use of the Services. We expressly disclaim any and all liability in connection with the foregoing.

We recommend that prior to your use of the Services you seek medical advice from a health professional. We are not responsible for any claims arising or resulting from your reliance on that medical advice.

The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and Services.

Limitation of Liability

To the fullest extent permitted by law, the Company excludes all terms, conditions, warranties, and guarantees which might be implied into these Terms.

Our liability to you in respect of any claim made by you arising out of the provision of services is limited, at our option, to the provision of the services again or paying to provide the service again.

The Company is not liable for any loss of profits, loss of data, loss of revenue, loss of business opportunity or other head of damage commonly described as being ‘indirect’, ‘incidental’, ‘consequential’ or ‘punitive’ arising from the provision of the Site and Services to you.

Amendments

The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms.

It is your responsibility to check the Site for changes. If you access the Site after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site and Services (or any features or parts thereof) at any time and without liability.

We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.

Termination

If, in our sole opinion, you have breached these Terms, we may terminate, suspend or restrict your account with immediate effect.

Termination, suspension or restriction may occur without notice to you.

If terminated or suspended, you will be unable to access and use the Site.

These Terms survive any termination.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Applicable Law and Jurisdiction

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

Last updated: 11 May 2016