PUSH_ Body Transformation Terms and Conditions
DATED: THE 3rd DAY OF SEPTEMBER 2012
The PUSH_ Body Transformation online website is owned and operated by the PUSH_ Training Systems Pty Ltd
ABN No: 87 124 353 386
By agreeing to the terms and conditions you are accepting the terms that apply to this website. You are therefore, required to act within the terms and conditions set out in this document.
Conditions of Use
Before you start any physical fitness program you should seek advice from a health professional.
If at any time there is an concern regarding your health or an unexpected change then you must seek advice from a health professional in continuing with the program.
Persons with pre-existing medical conditions or any reason to not start an exercise program should seek advice from a health professional. The following form is standard industry protocol however, this screening tool does not provide advice on a particular matter, nor does it substitute for advice from an appropriately qualified medical professional. No warranty of safety should result from its use. The screening system in no way guarantees against injury or death.
Answering YES to any of the following 8 questions and you should seek advice from your GP immediately before participating in a regular exercise program.
- Are you pregnant?
- 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 causes you to lose balance?
- Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
- If you have diabetes (type I or type II) have you had trouble controlling your blood glucose in the last 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? Including but not limited to; heart disease, high cholesterol, high blood pressure, cancer or other long term illnesses or diseases such as kidney disease
By answering ‘NO’ and without knowing any other knowledge as to why you cannot participate in an exercise program then it is your decision if you take part in the program and PUSH will not take any responsibility if any injury or incident that occurs during the program
Please note our information may not be suitable for everyone and that this website is for general information purposes only and those with special needs should seek advice from fitness and health professionals.
Furthermore you acknowledge that by participating in the online website and the information it host you do so at your own risk and the use of such services may involve serious injury or death.
Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Push Training Systems Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- We aim to achieve the most up to date information that is to the best of our knowledge and made available to us. However, we do not promise that the use of the website will be error free and uninterrupted as well as do not take any liability for any computer failure, viruses or unexpected issues arising from using the website.
- We will provide videos to the best of our ability but as the video hosts are third party we cannot guarantee the quality and availability.
Recipe and Nutritional Information
- Recipe and Nutritional information provided on the Website is provided from third party sources. It is important that individuals carefully question the relevance of the information provided for their own use and consult a health professional regarding your own circumstance.
- Not all the information will be accurate and there is no warranty that nutritional information is free from error or suitable for your needs. Recipes and nutrition analyses panels can vary considerably between brands, batches and the organizations that provide the information and some information is provided by overseas food labels and information.
- We strive to ensure that our products are described as accurately as possible on our website; however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We supply and despatch our products to customers within Australia only.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- se statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- This website is intended to provide general information and is not to replace the medical advice by your doctor/ physician or any other health care professionals. The advice offered has been made as accurate as possible but is for reference only. We do not take any responsibility for the information being accurate or complete but do however update information to the best of our knowledge.
- We do not accept any liability arising from the use of any information in this website. It is recommended that you consult your health care professionals prior to adjusting your diet or starting an exercise regime.
- As the health and fitness industry is constantly evolving, PUSH has provided you with up to date information for the current time and will not be held responsible for any changes that occur after print and this information should not be taken as a recommendation. There is no guarantee that the program will work and we will not be liable for any loss or incident arising for completing this program.
- Payment must be made prior to the use of the website service. We reserve the right to terminate your membership if the payment plan is breached on your behalf and carry out a recovery of fee’s program at your cost by a third party debt collector as the program is running for up to ten weeks duration in which you are liable for fee’s payable for the entire program duration.
- We will use a selected third party payment gateway for most financial transactions. We will not be held liable for any loss you may incur by using this payment method
- You are not entitled to a refund of any Fees paid or payable by you. In the case that the website is down for more than 3 days you acknowledge that we are able to provide a temporary solution to provide you with information by other means such as email. In this case if you request a refund in writing, we will consider it but in no way agree that it will be granted but will be consider the reasons why you want the refund.
- We will not release you from your obligation to pay all of the Fees for the full Term of this Agreement and if you have chosen to pay the membership in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term being 10 weeks from your first instalment, unless otherwise agreed. It is your responsibility to ensure sufficient cleared funds are in the nominated debiting account when the payments are to be drawn.
- In the event that we alter the terms and conditions and if you do not agree with the new terms then you may provide us in writing your reasons as to why and this may be considered for a partial refund.
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. Where the information made available over the Website contains opinions or judgements of third parties, 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.
- The Website might make reference to third party sites on the internet. We have no control over these sites or the content within them. We cannot 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. You understand that we take no responsibility over you using third party sites and you acknowledge that in doing so you are acting at your own risk.
Non PUSH_ Training Systems Services
- Promotion of non PUSH_ Training Systems services on the PUSH_ Body transformation forum or any face book sites related to PUSH is not permitted. If this does arise and is brought to the attention of the member and no further action is then noted and the behavior continues then PUSH_ Training Systems reserves the right to disqualify or terminate the member with no refund.
User Generated Content
- You warrant that you have all the necessary rights and permissions needed to submit content to the Website, whether that content is articles, images (moving and still), text, graphics, sound, stories, software or other copyrightable material (User Content). Where you are the owner of the intellectual property rights in User Content, you assign to us all right, title and interest in and attached to the intellectual property in the User Content with effect from the date you submit it to the Website.
Interaction and What is Permitted Use
- We prohibit the use of the material on this Website in any way other than is allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website,
you agree that:
- you are legally responsible for all content you submit;
- under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
you will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind
- post or transmit false or misleading material
- knowingly post or transmit any material, which contains a computer virus or other corruptible material;
- exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
Variations of the Terms
- 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 are material changes to these Terms and Conditions you will be notified by the email you used when joining as a member.
PUSH_ Training Systems reserves the right to refuse membership or suspend or terminate membership at any time and for any reason, subject to a valid refund.