These terms and conditions apply to the use of this site, the CoreFit Newcastle website, and the online Home Workout video lessons. The site, workouts and online content will be collectively referred to in these terms and conditions as “the product”. In using the products, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the products. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the products.
During CoreFit Newcastle’s Home Workout Library, subject to these Terms, CoreFit Newcastle grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the products for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the products generally available to all users and those areas of the products for which you have registered. CoreFit Newcastle reserves all rights not expressly granted herein in the products. CoreFit Newcastle may terminate this license at any time for any reason or no reason.
“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;
“Consumer” is as defined by the ACL;
“Contract” means any contract for the provision of the Home Workout Library by CoreFit Newcastle to you;
“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;
“Online Content” means the online content provided by CoreFit to You, including but not limited to the consumer exercise content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by CoreFit via the Site or the CoreFit community;
“GST” means the Goods and products tax as defined in A New Tax System (Goods and products Tax) Act 1999 as amended;
“Member Information” has the same meaning as in clause 5 of these Site Terms;
“products” means the products provided by CoreFit Newcastle which allows you to access the Online Content, Site, and Program;
“Site” means the website www.corefitnewcastle.com.au;
”Site Terms” means these terms and conditions;
“Social Networking products” means Facebook and any other Social Networking product used in member account creation, login, or in relation to the provision of the products.
“You” means the person, jointly and severally if more than one, using the Site or acquiring the products or virtual workouts from CoreFit Newcastle.
- The products are owned and operated by CoreFit Newcastle.
- Through this site you purchase access to the online workout resources; and access the online content.
- CoreFit Newcastle reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.
MEMBERSHIP AND MEMBER INFORMATION
- Membership is non-refundable and non-transferable.
- You must indemnify CoreFit Newcastle for any losses, costs, expenses or damages that CoreFit Newcastle may suffer or incur if any of the Member Information provided by you is not correct.
- CoreFit Newcastle will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from CoreFit Newcastle isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from CoreFit Newcastle at any time.
- Membership is purchased upfront.
- You authorise CoreFit Newcastle to collect/deduct payment immediately upon signup.
- CoreFit Newcastle does not provide refunds for partial memberships.
- If payment fails on the monthly billing date, payment will be put through on the following work day, and if payment fails on the second attempt, payment will be put through on the next day. And if payment fails on the third attempt, access to the product will cease until all outstanding fees have been paid.
- You must pay all fees associated with your program, including the Fee, in advance and by direct debit as and when the Fee falls due throughout the entire Term.
- We have authorised Stripe Pty Ltd (Stripe) to administer the collection of payments due. All payments due by you are made directly to Stripe, as if it were the gym owner without requiring your consent of any involvement on the part of the gym. It can take up to 3 days for payments to be processed from your account. You agree to ensure sufficient funds remain available to cover the payment agreed for at least 3 days after the nominated instalment date.
- We will endeavour to contact you to inform you of any overdue payments however, it remains your responsibility to ensure that any direct debits are able to be made from your nominated account.
- If there are multiple failures to meet your payment obligations under this document, but without prejudicing our right to recover any overdue payments, your program may be suspended or terminated by us by notice to you.
- Where any payment due to us is not paid in full and by the due date, we may deny you access to the our program at our discretion.
- All costs and disbursements incurred by us in recovering payment or in protecting or enforcing our rights under this document, including legal costs and disbursements are payable by you on an indemnity basis.
- CoreFit Newcastle may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to CoreFit Newcastle’s online policy. Your continued use of the Site and your provision of your personal information constitutes your approval for CoreFit Newcastle to deal with your personal information.
SECURITY OF INFORMATION
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
- Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information.
DISCLAIMER (USE OF THE SITE)
- CoreFit Newcastle does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by CoreFit Newcastle in good faith on an “as is” basis without warranty of any kind.
- CoreFit Newcastle does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
- All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
- CoreFit Newcastle makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
- CoreFit Newcastle recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.
- All nutritional material included on the Site is intended to be of a general nature only, and is included for the sole purpose of providing general information. Material included in the Site does not, and is not intended to constitute advice or any statement on which reliance should be placed. Users should seek advice as appropriate from a professionally qualified dietitian on all specific situations and conditions of concern to them.
LIMITATION OF LIABILITY (USE OF THE SITE)
- CoreFit Newcastle will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will CoreFit Newcastle be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, CoreFit Newcastle will not be liable for those costs.
- Where liability cannot be excluded, any liability incurred by CoreFit Newcastle is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
INTELLECTUAL PROPERTY (SITE)
- CoreFit Newcastle Pty Ltd 2021. All rights reserved.
- You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of CoreFit Newcastle or third-party suppliers as the case may be.
- All trade marks and trade names which appear on this Site are proprietary to CoreFit Newcastle and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
- The publication of CoreFit Newcastle’s email addresses on this Site is to facilitate communications relating to the Home Workout Library supplied by CoreFit Newcastle. It must not be inferred as consent by CoreFit Newcastle to receive unsolicited commercial electronic messages.
MEMBER SUBMISSIONS / User Generated Content
- From time to time, you may be able to post reviews and/or comments relating to the Home Workout Library. You irrevocably grant to CoreFit Newcastle a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of CoreFit Newcastle all moral rights in any jurisdiction.
- You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify CoreFit Newcastle for any losses, costs, expenses or damages that CoreFit Newcastle may suffer or incur as a result.
- CoreFit Newcastle reserves the right, but not the obligation, to review, edit or delete any Member Submissions that CoreFit Newcastle deems to be illegal, offensive or otherwise inappropriate.
BASIS OF CONTRACT AND ORDERING THE HOME WORKOUT LIBRARY
- These Site Terms apply exclusively to every Contract.
- A Contract is formed when CoreFit Newcastle confirms acceptance of your order and receipt of your payment.
- You must not purchase the Home Workout Library for the purpose of re-supply.
- CoreFit Newcastle in its absolute discretion may refuse to accept any order from you.
PRICING AND PAYMENT FOR THE HOME WORKOUT LIBRARY
- You agree to pay for Home Workout Library in the manner specified in these Terms and on the Site.
- Prices displayed for the supply of Home Workout Library include GST, and any other taxes or duties imposed on or in relation to the Home Workout Library.
- Subject to clause 65, payment for the Home Workout Library must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Home Workout Library until payment is received.
DELIVERY OF THE HOME WORKOUT LIBRARY
- CoreFit Newcastle will make the Home Workout Library available for access online from the online member portal.
- Individual results may vary and CoreFit Newcastle will not be liable for any loss or damage suffered by you or any third party for failure to meet program guidelines.
- You must advise CoreFit Newcastle in writing within 72 hours after been advised that the Home Workout Library is available for access from the site: of the inability of the Home Workout Library to be accessed; if there is damage to the Home Workout Library;
CANCELLATIONS AND REFUNDS
- If CoreFit Newcastle is unable to deliver or provide the Home Workout Library, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, CoreFit Newcastle will refund to you the purchase price.
- CoreFit Newcastle will not otherwise provide any refunds so choose carefully.
- We do not provide refunds should you change your mind after purchase.
TERMINATION OF ACCESS
- Access to this Site may be terminated at any time by us without notice.
USE OF THE HOME WORKOUT LIBRARY
- You acknowledge and agree that all Home Workout Library content is protected by copyright or other intellectual property rights and laws and remain the property of CoreFit Newcastle or third party suppliers as the case may be.
- Other than as required to use the Home Workout Library for your personal enjoyment and improvement, you may not and may not authorise any third person to:
(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Home Workout Library;
(b) modify or make any alterations, additions or amendments to any part of the Home Workout Library;
(c) create derivative works from, any content, information, software, of the Home Workout Library;
(d) convert the Home Workout Library into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Home Workout Library or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.
DISCLAIMER (USE OF THE HOME WORKOUT LIBRARY)
Personal Injury Disclaimer
- CoreFit Newcastle does not warrant or represent that the Home Workout Library is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
- The Home Workout Library may include material from third party authors or suppliers.
- You agree that CoreFit Newcastle is not responsible for examining or evaluating the content or accuracy of the third-party material and CoreFit Newcastle does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
- CoreFit Newcastle, its authors or its suppliers may make changes to the Home Workout Library at any time in their sole discretion without notice or liability.
- CoreFit Newcastle reserves the right to suspend, remove, or disable access to Home Workout Library at any time without notice or liability.
LIABILITY (HOME WORKOUT LIBRARY)
- Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Home Workout Library or products, the agreement between you and CoreFit Newcastle does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Home Workout Library or the products or any contractual remedy for their failure.
- If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against CoreFit Newcastle for failure of a statutory guarantee under the ACL.
- Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or products which cannot be so excluded, restricted or modified.
- You acknowledge that you have not relied on any product involving skill and judgment, or on any advice, recommendation, information or assistance provided by CoreFit Newcastle in relation to the Home Workout Library or the products.
- By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
- CoreFit Newcastle’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of CoreFit Newcastle’s rights.
- If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
- A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
By submitting your payment details and ticking to agree to our service terms and conditions you acknowledge that you understand and agree to the above outlined terms.