Terms & Conditions

Terms and Conditions - “I Accept”

The participant (you) acknowledges and agrees that the activity organised or conducted by Fit Former By Candy Browne Pty Ltd ABN 23 645 632 266 (the company) is in the nature of a “physical exercise”, “physical training” and “sport” and as such, has inherent dangers and risks, including the risk of injury or death to the participant.

The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the company to be in any way responsible for any injury to or death of the participant and the participant by this, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the company for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the company including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the company, its office bearers, directors, employees or agents.

The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver must bind the participant and his or her executors.

TERMS & CONDITIONS

By clicking 'I ACCEPT', you are entering into a legally binding agreement with Fit Former By Candy Browne Pty Ltd ABN 23 645 632 266 and you agree to be bound by the terms of this Agreement.

You confirm that you have read, understand, and agree to all terms and conditions in full prior to clicking ‘I ACCEPT’, including the disclaimers, waivers and releases of liability.

An online purchase agreement is an agreement for the purchase of goods or services from a website. The user indicates their acceptance of the offer by clicking on "I accept" or similar icon.

Essential to enforceability is that the terms are clearly identified, the user has an opportunity to read the terms, and the click function unambiguously connotes acceptance of the terms.

Online purchase agreements are equated with signed contracts, so it is important for each user to read the terms and conditions and all other documents prior to entering into the Agreement. We recommend that a user should be required to ‘scroll’ through the terms and conditions prior before clicking ‘I accept’ to aid any argument that the user 'read' the Agreement prior to entering into it.

By clicking 'I ACCEPT', you are entering into a legally binding agreement with Fit Former By Candy Browne Pty Ltd ABN 23 645 632 266 and you agree to be bound by the terms of this Agreement.

You confirm that you have read, understand, and agree to all terms and conditions in full prior to clicking ‘I ACCEPT’, including the disclaimers, waivers and releases of liability.

Waiver & Release for Physical Activity

There are no new legal principles that cover sport or actions arising out of physical activity. The general law applicable to the particular area under consideration (e.g. torts, contracts etc.) has to be applied. However, standards of care have been set by courts in a number of sports-related cases, and specific legislation has been enacted to deal with issues that have arisen in recent times. You should review the Queensland Government’s regulation of fitness providers.

Disclaimer of liability clauses may not work where children are participating. However, they may work where parents or guardians have the ability to contract on behalf of their children.

Overall, waivers of liability assist only to the extent possible under the law. Therefore, the risk of liability will never be absolved, and we recommend you consider obtaining an insurance policy that covers your business activities and risks associated with those activities to the desired limits.

The participant (you) acknowledges and agrees that the activity organised or conducted by Fit Former By Candy Browne Pty Ltd ABN 23 645 632 266 (the company) is in the nature of a “physical exercise”, “physical training” and “sport” and as such, has inherent dangers and risks, including the risk of injury or death to the participant.

I have read and understand this waiver of my legal rights.

Fit Former By Candy Browne Pty Ltd

TERMS AND CONDITIONS

Welcome to the Website of Fit Former By Candy Browne.

This Website (including any features and any mobile device applications software) (“Website”) is owned and operated by Fit Former By Candy Browne Pty Ltd ABN 23 645 632 266 including any successors or permitted assigns, who is referred to in these Terms and Conditions as “Fit Former” “we”, “us”, “our” and similar grammatical forms.

These Terms and Conditions, which incorporate our Privacy Policy, our Fitness Studio Rules, our Waiver and other documents referred to within these Terms and Conditions, govern your access and use of the Website and the supply of any goods or services to you through the Website (“Agreement”).

By accessing and using the Website, purchasing goods or by booking to attend a Class (“Booking”), you AGREE to be legally bound by this Agreement plus any special conditions.

We reserve the right to change these Terms and Conditions with or without further notice to you and without giving you any explanation or justification for such change. You should check our Website regularly to take notice of any changes we may have made to the Terms and Conditions. By continuing to access, browse or use the Website (including any mobile application or software) or making a Booking, you agree to be bound by such revised Terms and Conditions.

- Definitions
2. The following words have the corresponding meanings within these Terms and Conditions:
3. 2. ‘Class’ means any training, exercise, fitness, reformer or Pilates (non-clinical) class or personal training session provided by Fit Former;
  4. ‘Booking’ means a reservation to attend a Class; and
  6. ‘Fitness Studio Rules’ means the rules forming part of this Agreement with which apply to everyone attending our studio and participating in a Class and as displayed in our premises.
Acknowledgement & Risks
2. You understand and agree that we do not provide Classes for clinical Pilates or other clinical rehabilitation exercises. We recommend that you seek advice from a qualified medical practitioner regarding methods of exercise used for rehabilitation purposes suited to your individual and physical needs.
4. By entering into this Agreement, you are acknowledging and agreeing to the following:
5. 2. you are at least eighteen (18) years old;
  4. you have been provided with a copy of this Agreement and agree to abide by these Terms and Conditions and the Fitness Studio Rules, including its limitations and waivers of liability;
  6. you are medically sound to undertake a normal course of exercise and strength training;
  8. you exercise and attend classes at your sole risk and responsibility;
  10. you are aware that exercise is physically demanding and your participation in some activities and physical positions may pose a risk to your health and wellbeing;
  12. you understand the risks involved in participating in Classes and using equipment in connection with physical activities and in undertaking such activities you do so at your own risk;
  14. you will be honest and accurate in the information that you provide to us and act in good faith towards us; and
  16. you will participate and complete any required induction or training process as required by us.
7. You acknowledge and agree that:
8. 2. you are solely responsible for all exercise and physical activity and for the accuracy and suitability of any information and data that you provide to us before and during the course of any exercise program;
  4. you will follow all reasonable directions and instructions by us for your safety and wellbeing;
  6. if you experience any difficulty, pain or uncertainty concerning any activity during a Class, you will immediately cease that activity and notify us or your nearest Fit Former trainer. In the event of an emergency, you will immediately cease that activity and contact emergency services;
  8. you are responsible for all of your decisions regarding your medical treatment, and you agree that those decisions are based on your own professional medical advice, diagnosis, treatment or judgment that you have obtained (including verifying and confirming the accuracy of life-threatening information and critically important results as would be required by generally accepted standards of medical practice);
  10. if we hold any concerns in relation to your performance of any activity, exercise or your level of fitness, then we may direct you to cease exercising or participating in the activity or exercise, and you agree to follow our direction until you are determined by us as being able to participate; and
  12. any reliance on the goods, services and any instructions, directions, information, or data provided, generated or published by us will not diminish that responsibility.
10. In furtherance of clause 2.1, 2.2, and 2.3, you understand, acknowledge and agree to the increased risks to your health posed by hot classes (classes that occur while the room is artificially warmer than the air temperature). You acknowledge and agree that:
11. 2. you are medically sound to undertake a hot class; and
  4. you exercise and attend hot classes at your sole risk and responsibility, and that you will indemnify us from any loss or injury you sustain as a result of participating in a hot class; and
  6. you will leave the room if you feel it is necessary to do so; and
  8. you will let the us know if you are feeling unwell or at risk.
13. We reserve the right to make changes to:
14. 2. the exercise equipment supplied in any of our exercise areas, studios or locations at any time with or without notice;
  4. Class schedules, trainers, and Class times with or without notice; and
  6. these Terms and Conditions at any time.
16. You must not attend our studio or location if you are suffering from any illness, disease, injury or other condition that could be a risk to your health and safety or that of any others at our studio or location.
18. You agree that we are not responsible for any unattended property at any of our studios and locations.
20. You agree to take care when using or to operate any of our equipment, and you promise to use all equipment in a safe and proper way. If you are not sure how to use or operate any equipment properly at any time, you must seek assistance from us prior to using or operating that equipment.

Bookings & Classes
2. Fit Former offers a variety of Classes and exercise training programs, which may include memberships, once-off or multiple Bookings. Our Classes are only available within Australia.
4. We may offer a number of Booking options, including special promotions or memberships offers.
6. Some of our Classes and Booking options may have differing conditions and limitations at the time of Booking or as outlined in other communications made available to you. These differing conditions and limitations will usually be disclosed on our Website.
8. We may charge you a joining fee to cover the setup costs for any ongoing membership with us. We will advise you of any joining fee that applies to your membership. This joining fee is not refundable unless the Booking and membership are cancelled within the Cooling Off Period.
10. This Agreement commences from the date that we accept and confirm payment for a Booking and, subject to provisions in this Agreement for any cancellation, alteration and termination, must continue after that date until the expiry of the Class or a Booking.
12. You will be automatically charged when you make a Booking reservation.
14. The amount of your Booking fee will depend on the type of Class and Booking option that you choose when you make a Booking.
16. You may cancel a Booking at any time by giving us written notice by email, but only up to twenty-four (24) hours before the time of a Class.
18. Any upfront or advance fees paid to us are forfeited if you cancel, terminate, or otherwise do no proceed with us for any reason unless you have given us notice in accordance with clause 3.8.
20. You agree that we are under no obligation to make any refund of any payments made by you unless you have given us notice in accordance with clause 3.8.
22. If we learn of any error in the charging of fees, then we may correct the error or update any information at any time and without notice.
24. We may, at our absolute discretion, accept or deny any cancellation or refund request by you without reason.
26. When you purchase a Class, you will initially be charged at the rate applicable at the time of your Agreement as displayed on our Website.
28. You will not be charged extra if the price of the Class increases or changes and you have pre-purchased the Class.
30. We reserve the right to charge you administration and processing fees if you cancel your Booking within twenty-four (24) before the Class. You agree to pay any administration and processing fees in full and upon request.

Promotions & Offerings
2. We, from time-to-time, and at our absolute discretion, may provide you with a unique offer, code or another benefit for the purposes of promotion (“Promo Offer”).
4. If you are offered a valid Promo Offer by us, then you may be entitled to a promotional benefit.
6. A Promo Offer may mean differently depending on the current promotional offering, and it may have different terms and conditions that attach to that specific Promo Offer.
8. We can dictate and change any terms and conditions of the Promo Offer, or a promotional benefit at any time and without reason.
10. We may revoke or refuse to accept any Promo Offer in our absolute discretion.
12. Any promotional code offered by us:
13. 2. may, at the discretion of Fit Former, be used in conjunction with specific packages of goods and services offered by supporting partners promoted from time to time;
  4. cannot be replaced if lost, or used in conjunction with any other offer or Promo Offer;
  6. are non-transferable and non-redeemable for money; and
  8. can be terminated by us in our absolute discretion at any time and without notice.
15. We may offer a free trial of a Class as a Promo Offer. Trial Class eligibility and redeemability and its offerings are determined by us in our sole discretion.
17. We reserve the right to revoke any free trial Class and refuse you entry if we determine that you are not eligibility. Restrictions may apply if a trial period offer is combined with other offers.
19. Access to such trials may be limited to a certain number of trials for each person during a given period, or other restrictions.

Payments
2. Before you make a Booking, you must adhere to all instructions provided on the Website regarding how you can make or amend a Booking. Unless otherwise agreed by us or you have given us written notice in accordance with clause 3.8, Bookings cannot be changed or varied once made. Any and all payments made to us are non-refundable and final in nature.
4. Unless otherwise agreed or stated, all amounts payable are expressed on the Website is inclusive of Goods and Services Tax (“GST”) and are in Australian Dollars (“AUD”).
6. Irrespective of any previous price that has been displayed, shown or told on the Website, the price expressly stated when making a Booking is the price that you must pay and which is exclusive of GST and any Payment Method providers fees and charges, and includes any other fees and charges that you are liable to pay ("Booking Total”).
8. Full payment of the Booking Total is required at the time of making a Booking and by the payment methods that we accept as stated on the Website (“Payment Method”). You are liable to pay for any Payment Method provider fees and charges associated with your Booking, including payment processing fees.
10. Payment Method providers may be third party organisations who are not affiliated with Fit Former and with which Fit Former has no control or management over their activities or handling of your payment information. You agree to hold Fit Former harmless of any issue, claim or action that may arise between you and a Payment Method provider in connection with your Booking.
12. You authorise us to charge any Payment Method associated with your Account in case your primary Payment Method is declined or no longer available to us for payment of your Booking.
14. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Booking, we may suspend your access to our Website and the Booking services until we have successfully charged a valid Payment Method.
16. When you have placed a Booking, you may receive an acknowledgement email confirming receipt of your Booking. This email will only be an acknowledgement and will not constitute acceptance of your Booking. A contract between us will not be formed until we receive payment from you and have sent you confirmation by email that the Booking which you ordered has been confirmed. Only the Booking listed in the confirmation email sent at the time of placing an order will be included in the contract formed.
18. We are not responsible for the decisions of any Payment Method provider as to whether they allow you to use their service. We do not provide any warranties or assurances about any Payment Method provider. If a particular service is not available to you, then you should use another valid Payment Method to complete payment of the Booking.
20. All duties, customs fees, levies or taxes (other than income tax) associated with a purchase or sale, including GST where applicable, are your responsibility and may be imposed on your Booking. All fees and charges associated with a Payment Method provider are your responsibility. Check with your Payment Method provider for details.
22. You acknowledge and agree that it is your own risk if international fees or charges or currency conversion fees come as a result of making any payment. We are not responsible for any international fees, charges or currency conversion fees and you indemnify us of such fees and expenses if incurred.
24. We are not responsible for the decisions of any payment provider as to whether they allow you to use their service. We do not provide any warranties or assurances about any payment provider. If a particular service is not available to you, then you should use another valid payment method to complete payment of the Booking.

Pricing & Availability
2. Pricing and availability of all information displayed through our Website are subject to change at any time prior to purchase. If we discover an error in the price of any Booking or other advertised pricing, we will correct the error as soon as practicable.
4. Our fees may be increased over time. We will make reasonable efforts to tell you of any changes in Class fees.
6. If an error occurs concerning a Booking, then we will notify you and provide you with the option of either reconfirming the Booking at the corrected price or cancelling the Booking.
8. If we cannot contact you, we will take reasonable steps to either cancel or hold the Booking at our discretion.
10. You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier) in connection with your use and viewing of our Website and platform.

Complaint Handling Process
2. Fit Former takes complaints and concerns from its members and trainers seriously, and no inappropriate or unlawful behaviour or foul play will be tolerated.
4. We accept complaints or concerns about our trainers, staff and our members at any time.
6. You must act honestly and efficiently in your dealings with us, including during an investigation into a complaint.
8. If we notice a pattern of the complaints made by our staff or trainers about you, then we reserve the right to restrict your access to our services, cancel or suspend any Bookings. Equally, we reserve this right in respect of complaints made against staff and trainers by our members.
10. We will review and assess each complaint that we receive and, at our discretion, may determine how we deal with a complaint.
12. If you are deemed by us as being wholly or partly responsible for an act or omission in respect of a lodged complaint, then you agree to pay us for any reasonable costs associated with the complaint or in conjunction with an investigation into the complaint, including any incurred legal fees or outlays on an indemnity basis.
14. You agree that Fit Former is not required to keep you informed about a complaint and its progress.

Cooling Off, Cancellation & Refund Policy
2. You must read all information concerning our Classes before making a Booking.
4. Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision about a Class. However, if the services offered by us are subject to consumer guarantees imposed under the Australian Consumer Law and where consumer guarantees apply, we refer to clause 9 below.
6. If a Booking is made and cancelled in accordance with clause 3.8, we may, in our sole discretion, choose to provide you with a redeemable Class credit to use towards a future Booking with us. We do not provide cash refunds unless required by the Australian Consumer Law.
8. If you change your mind after making a Booking, you have forty-eight (48) hours to cool off or cancel your Booking (“Cooling Off Period”). To be effective, you must let us know in writing at any time during this Cooling Off Period. Your written cancellation can be given to us personally, by post or by email.
10. We may consider altering or exchanging a Booking for another Class at another date or time, provided that:
11. 2. you give us notice in accordance with clause 3.8 (“Cancellation Notice Period”); and
  4. we receive the notice; and
  6. we propose an alternative or changed Class time and date with which you agree to accept.
13. A cancellation fee is payable if you want to cancel your Booking for your convenience in the Cancellation Notice Period. It is an amount equal to 100% of the balance of the Booking fees for that Class or a sum equal to the price of that Class for a person (whatever is the higher).
15. We are not responsible for any costs associated with the refund, alteration or exchange of a Booking.
17. If you request a refund, then we will process your refund through your original payment method.
19. If we, in our discretion, reject a request a refund, alteration or change, then we are under no obligation to provide you with a refund.
21. If you fail to give the notice required under clause 8.5, the Booking must be deemed to be in all respects in accordance with all specified requirements, and no claim or request for refund will be recognised.
23. Once accepted, we take reasonable steps to process refunds promptly.
25. You must act honestly and efficiently in your dealings with us regarding any refunds, alteration or changes to your Booking. If we notice a pattern of these acts made by you, then we reserve the right to refuse your entry into our premises or reject any Bookings made by you.

Australian Consumer Rights & Limitations on our Liability
2. Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). Our liability for failure to comply with a consumer guarantee is limited to:
3. 2. in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
  4. in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
5. Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation and to the extent allowed by section 139A of the Competition and Consumer Act 2010 (Cth) (“CCA”) to exclude or modify our liability to you for death or injury from our failure to comply with the ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
7. In all other respects, our total liability for loss or damage of every kind, whether:
8. 2. arising pursuant to the terms of service; or
  4. arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to a total aggregate amount equivalent to the sum paid by you to us for the goods or services.

2. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.
4. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, pandemics, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out or lockdown, revolution, civil commotion, epidemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events.
6. We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
8. To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms and Conditions are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites and the merchantability or fitness for any particular purpose for any service or good contained or referred to on the Website or on any linked sites.
10. To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
12. To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of an essential term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
14. You agree that we will not be liable to you or any person that purchased goods and services through our Subscription from a Partner for any loss of life, personal injury or damage to or loss of property which may be suffered or sustained for any cause whatsoever, save where any such death, injury or damage results from a negligent act or omission by us.

Intellectual property, software and content
2. The intellectual property rights in all software and content (including all class programs, photographic images, specifications and design of the goods) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors.
4. Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
6. You are not allowed to use our logo or any brand of trade mark (or any marks which are similar in nature) without our prior written consent.
8. You may not modify or copy:
9. 2. the layout of the Website; or
  4. any computer software and code contained in the Website.
11. We reserve all intellectual property rights, including, but not limited to, copyright in all material that is published on the website or elsewhere or services provided by us. The material provided on the Website is supplied for personal use only and may not be:
12. 2. re-sold or re-distributed in any material form;
  4. stored in any storage media; or
  6. re-transmitted in any media; or
  8. used in any commercial sense

without our prior written consent.

2. You may link to our Website home page, provided you do so in a way that is non-commercial, fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor can you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
4. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

2. Collection of Imagery & Videography
4. By attending a Class or making a Booking, you agree to the Fit Former, its employees, officers, agents and contractors:
5. 2. making images or recordings, whether sound, digital or otherwise, of you;
  4. using, publishing or reproducing the images and recordings in any form (in whole or in part) and by any medium, including but not limited to paper-based media, social media posts, videos and stories, television advertisements, promotional videos, websites or other multi-media, for public relations, promotions, commercial and advertising purposes (“Promotional Materials”); and
  6. retaining or storing the images and recordings (including those incorporated into Promotional Materials), in hard copy or digitally, including but not limited to, deposit of the images and recordings on our computers or with our cloud-based storage provider and otherwise in accordance with our Privacy Policy.
7. 10.10.You agree that:
8. 2. the rights granted to Fit Former under this clause within these Terms and Conditions are perpetual and that you will not receive any payment, royalty or other consideration (whether monetary or otherwise) from Fit Former in connection with the making, use or storage of the images and recordings; and
  4. Fit Former is the owner of the copyright in the images and recordings and the physical images and recordings; and
  6. you understand the terms and conditions relating to Fit Former’s use of imagery and recordings of me; and
  8. you are entering into this Agreement of your own free will, on the full understanding and comprehension of the terms of this clause.

Collection of Personal Information & our Privacy policy
2. Our privacy policy, which sets out how we will use your information, can be found at https://www.fitformer.com.au/privacy.
3. By using this Website, you consent to the collection, handling and processing of your personal information outlined in our privacy policy and warrant that all information that is provided by you is accurate and up to date.
5. We and any people or legal entities authorised by us may gather and process the personal information:
6. 2. which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and
  4. regarding how you use the Website including, without limitation, information acquired through the use of "cookies" delivered to your computer when you access our Website.
8. We may authorise others to offer you goods and services using the information that we have collected.
10. We will comply with the Australian privacy legislation concerning our collection, storage and use of your personal information. Please refer to our full privacy policy for details of how we collect, handle, store and use your personal information.
12. There is no method of transmission over the Internet or through electronic storage through our engaged providers that is fully secure. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, then we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).
14. Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Anyone using our Website is encouraged to exercise care in sending personal information via the Internet.

Using the Website
2. You must only use the Website in accordance with these Terms and Conditions and any applicable law.
4. You must not misuse this Website. Accordingly, through your access or use of the Website, you will not:
5. 2. commit or encourage a criminal offence;
  4. undertake any fraudulent, abusive or illegal activity;
  6. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  8. hack into any aspect of the Website;
  10. corrupt data;
  12. cause annoyance to other users;
  14. infringe upon the rights of any other person's proprietary rights;
  16. send any unsolicited advertising or promotional material, commonly referred to as "spam";
  18. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
  20. manipulate, reproduce, distribute, re-transmit any of the material in any material form by any medium of communication;
  22. upload or repost any of the material to any other site on the Internet; or
  24. “frame” any of the material on the Website with other material on any other website.
7. The above are unlawful in any jurisdiction and are expressly prohibited by these Terms and Conditions.
9. Breaching this provision would constitute a criminal offence, and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
11. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
13. Access and use to the Website are permitted on a temporary basis, and we reserve the right to withdraw, restrict or amend the Website without notice. Also, we may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
15. We do not warrant, guarantee or make any representation that:
16. 2. the Website or the server that makes the site available on the Internet are free of software viruses;
  4. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
  6. errors and defects in the Website will be corrected.
18. We are not liable to you for:
19. 2. errors or omissions in the Website, or linked sites on the Internet;
  4. delays to, interruptions of or cessation of the services provided on the Website, or linked sites; and
  6. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

2. You agree to indemnify, defend and hold harmless Fit Former, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.
4. 12.10.You must be at least eighteen (18) years of age and have the capacity to enter into a legally binding agreement with us in order to access or use this Website and the services. If you are under eighteen (18) years of age, you may only access or use this Website and the services with the involvement and consent of a parent or guardian.
6. If you wish to make a Booking, you must be at least eighteen (18) years of age and have the capacity to enter into a legally binding agreement with us. If you are under eighteen (18) years of age, you may only make a Booking with the involvement and consent of a parent or guardian - we do not sell or supply goods or provide services for the purchase by minors.
8. 12.12.To make a Booking, you must provide us with accurate, honest and current personal information which may include your name, date of birth, email address and billing address.

Third-Party Linked Sites & Information on the Website
2. This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control (“Linked Sites”). In relation to the other sites on the Internet, which are linked to the Website, we:
3. 2. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
  4. is not responsible for the material contained on those linked sites.
5. The information, content and goods contained on this Website is general information only and have been either supplied by us, third party merchants, suppliers or manufactures. While reasonable efforts have been made to ensure the information and goods are accurate at the time of displaying on the Website, this may no longer be the case. Various aspects of the information and content displayed on the Website, the products and goods displayed on the Website, and the Website itself, may have changed or may change in the future.
7. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
9. We may make the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet. You should not rely on this information or content in entering (or not entering) into any contract or Booking, and any prospective purchasers should make their own enquiries and obtain independent advice.
11. All images, videos, renders, or goods and services instructions are indicative only and may not be an exact representation of the products and goods received or the services supplied. The products, goods and services may differ to some extent in visual appearance from the way that they appear and are displayed on the Website. To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided, supplied to us or by these third parties, and we are not liable and cannot be held responsible for any loss or damage whatsoever arising out of or in connection with the use of or reliance on the information or content on the Website.

General
2. Studio Closures: We may need to close our studio or location for a period of time, for example, due to an emergency, or if required by a court order or by law. We will try, but cannot promise that we will be able to notify you about studio closures in advance.
4. Electronic Signing: Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied the requirements of the Electronic Transactions Act 1999 (Qld) or any other applicable provisions of that Act or any Regulations referred to in that Act.
6. Entire Agreement: Unless expressly stated by us, these Terms and Conditions constitute the entire Agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us or any prior Terms and Conditions published on the Website.
8. Variation: We have the right, in our absolute discretion at any time and without notice to you, to amend, remove or vary these Terms and Conditions or any page of this Website.
10. Invalidity: If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
12. Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. Without limiting the preceding, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We are entitled to and may, from time-to-time in our discretion, do any of the following:
15. 2. assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate these Terms and Conditions, or any part of these Terms and Conditions, or assets under this Agreement (including any Intellectual Property, Payments and Bookings) or any obligations or rights under these Terms and Conditions; or
  4. sell all, or part of, itself, or its assets (including any Intellectual Property, Payments and Bookings); or
  6. change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares,

without notice or your prior Agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.

2. Notices: Unless otherwise stated within these Terms and Conditions, a notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by us to you using your last notified email address, or by you to us at our registered office.
4. Governing Law: These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland of Australia, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Queensland of Australia to determine any dispute arising out of these Terms and Conditions.
6. 14.10.Complaints: You may contact us at any time if you have any questions or concerns about our Terms of Use. You may make a complaint to us using the contact details set out below.

Contact Information
2. If you have any questions or concerns or you experience any issues with our service, our Website or any Booking that you make, then we encourage you to contact us to resolve your enquiries by using the following contact details : hello@fitformer.com.au

These Terms and Conditions were last updated on 3 August 2022.