terms of service
Section 1: : Definitions, agreements to be bound
References to "Dispute" mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to the "Services" mean any and all services offered by us, including but not limited to fitness coaching, workouts and exercises, and meal plans.
References to the "Terms" and/or "Agreement," mean this, these Terms of Service as set forth herein.
References to "us," "we," and/or "our" mean VL Fitness Essentials Pty Ltd.
References to "you," and/or "Member," mean the participant in any Service.
Section 2: : The Services
2.1 Participation in the Services: Medical Clearance Required.
Before beginning to participate you will be required to complete a pre-exercise questionnaire regarding your health and physical condition. It is your responsibility to inform VL Fitness Essentials Pty Limited of any changes to the condition of your health. You agree and acknowledge that we will not be held liable for any injuries you may sustain should you fail to inform us of any medical condition or seek doctor or medical practitioner approval.
2.2 Nutritional advice from VL Fitness Essentials.
Any nutritional advice or recommendations given by VL Fitness Essentials Pty Limited is of a generalized nature. VL Fitness Essentials coaches are not qualified nutritionists. Before making any changes to your current diet please consult your doctor or other allied health professional.
2.3 Session Expiry.
All VLFE Experience purchased sessions must be used within Four (4) weeks from date of Induction Session.
Section 3:: : Terms and Termination, Suspension
3.1 Suspension for Major Surgery or Illness.
You may suspend your participation in any Service at any time for up to thirty (30) days in the event of major surgery or illness that prevents you from training for over two (2) weeks. This request must be submitted to via email to the VL Fitness Essentials Support Team.
Please provide details of injury, medical certificate and start and end date of suspension.
Suspension will not be granted for any other circumstances.
Section 4:::: Payment, Refunds, Cancellations
4.1 Payment Terms.
In exchange for the provision of the Services, member agrees to pay to us $399 AUD (hereinafter the "Membership Fee.").
No refunds, including pro-rata refunds, shall be due and owing for Services terminated prior to the end of any Term, including for unused training sessions.
4.3 Appointment Cancellation Policy.
Should you need to cancel a scheduled training session for any reason you must notify us no less than twenty-four (24) hours in advance. Should you fail to notify us of a need to cancel your scheduled training session twenty-four (24) hours in advance or "no show" a scheduled training you shall remain liable for full and complete payment of any and all fees associated with the training session. Training sessions cancelled more than twenty-four (24) hours in advance of the scheduled training session may be rescheduled.
Should you need to cancel a scheduled body fat scan for any reason you must notify us no less than twelve (12) hours in advance. Should you fail to notify us of a need to cancel your scheduled body fat scan twelve (12) hours in advance or "no show" a scheduled body fat scan you shall remain liable for full and complete payment of any and all fees associated with the Body fat Ssan. Body fat scans cancelled more than twelve (12) hours in advance of the scheduled appointment time may be rescheduled without charge. Additional Body fat scans can be purchased via the app.
Section 5:::: Intellectual Property
5.1 Grant of License.
By using our Services you agree to grant us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute your results, measurements, and photographs, both before, during, and after completion of any program in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any Third Party.
Section 6:::: Disclaimers, Limitation of Liability, Indemnification
6.1 Disclaimer of Warranty, Limitation of Liability.
(A) You agree that use of the website and the Services is at your sole risk. Neither us nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the website and/or the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the website and/or the Services or as to the accuracy, reliability or content of any information provided.
(B) Any downloadable software, products or other materials without limitation, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose against infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions. We make no warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose against infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.
(C) Although all information and materials carried on the website is believed to be reliable, we make no representations, neither expressly not impliedly, as to the accuracy, completeness, timeliness or reliability of the website.
(D) In no event shall we, our employees, subsidiaries, parents, agents, partners, third-party content providers, vendors, and/or our or their respective directors, officers, and members, be liable to you or anyone else for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, incidental, punitive, or other damage, including but not limited to exemplary, reliance, or consequential damages, loss of profit, business interruption, reputational harm, loss of information or data, personal injury and/or death, arising out of or related to the use of or inability to use the website and/or participation in the Services.
(E) Your sole and exclusive right and remedy in case of dissatisfaction with the website and/or the Services or any other grievance, shall be your discontinuation of access to or utilization of the website and/or the Services unless provided for herein.
Some Jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
The above limitations shall survive these Terms and inure to the benefit of us and our s affiliates and respective directors, officers, employees and agents.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, members and agent, from and against all claims, suits, and expenses, including attorneys' fees, arising out of or related to
(A) Your use of the website and/or Services; and/or
(B) Your non-compliance with or breach of this agreement.
6.3 No Warranty by Us.
Except as specifically set forth herein, we make no warranties, express or implied, as to the Website, Services, or results you may obtain from the Services. We specifically disclaim any and all implied warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
Section 7:::: Governing Law, Arbitration
7.1 Governing Law.
These Terms shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Perth, Western Australia, Australia, and any cause of action that relates to or arises from these Terms and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 7.2, infra.
The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of Western Australia, Australia. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
7.3 Attorneys' Fees and Costs.
In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing Party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such suit or action, plus such sums as may be adjudged reasonable for that Party's attorney fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals.
Section 8:::: Miscellaneous
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
8.3 Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
8.5 Rights of Third Parties.
These Terms do not give any right to any Third Party except that any provision in these Terms.
8.6 Relationship of the Parties.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.