TERMS & CONDITIONS
welcome to fit healthy grounded women
- About the Website
a) Welcome to fithealthygroundedwomen.com – The Fit Tone Flex System and related BMH formula.
b) The Website is operated by Fit Healthy Grounded Women (ABN 77963437175). Access to and use of the Website is, or any of its associated Products or Services, is provided by Fit Healthy Grounded Women. Please read the Terms and Conditions (the ‘Terms’j carefully. By using, browsing and/or reading the Website, this signifies you have read, understood and agree to be bound by the Terms. If you do not agree with the terms, you must cease usage of the Website, or any relevant Services, immediately.
d) FIT HEALTHY GROUNDED WOMEN reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FIT HEALTHY GROUNDED WOMEN updates the Terms, it will be updated on this Website. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of the Website will constitute your acceptance of any changes. If you object to any changes, please contact email@example.com and immediately discontinue use of any Products or Services. Before you continue, we recommend you keep a copy of the Terms for your records.
e) Should you have any questions or concerns, contact firstname.lastname@example.org before purchasing or engaging in our services.
- Acceptance of the Terms
a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FIT HEALTHY GROUNDED WOMEN in the user interface.
b) If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the country you are located.
- Subscription to use the Services
a) In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(vi) OTHER INFORMATION
e) You warrant that any information you give to FIT HEALTHY GROUNDED WOMEN in the course of completing the registration process will always be accurate, correct and up to date.
f) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with FIT HEALTHY GROUNDED WOMEN;
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a Member
a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FIT HEALTHY GROUNDED WOMEN of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FIT HEALTHY GROUNDED WOMEN providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FIT HEALTHY GROUNDED WOMEN;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by FIT HEALTHY GROUNDED WOMEN for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
a) Where the option is given to you, you may make payment of the Subscription Fee by way of:
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
(iii) OTHER PAYMENT METHOD
b) All payments made in the course of your use of the Services are made using PAYMENT GATEWAY. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PAYMENT GATEWAY terms and conditions which are available on their website.
c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
d) You agree and acknowledge that FIT HEALTHY GROUNDED WOMEN can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- Right to Suspend, Terminate and Refund
FIT HEALTHY GROUNDED WOMEN reserves the right to suspend or terminate use of the Website or the Fit Healthy Grounded Women products and/or services generally, if any of the Terms and Conditions are breached, as determined by Fit Healthy Grounded Women with sole discretion.
Generally, Refunds are not provided for our products and/or services, including where you have been given access to our Content, whether accessed by yourself or not; unless we are in breach of the Australian Consumer law, as set out in Schedule 2 of the Australian Consumer Act 2010.
FIT HEALTHY GROUNDED WOMEN will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if Penelope of FIT HEALTHY GROUNDED WOMEN makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. With particular reference to the “Double Your Fitness, Strength and Mobility within 12 weeks” program, if after completing all exercises, modules, coaching, Q&A’s and worksheets provided within the program, if you haven’t doubled your fitness, strength and mobility, Penelope will provide a refund with evidence of completed: exercises, modules, coaching, Q&A’s and worksheets provided within the program prior to receiving the refund.
Should you believe your circumstances for a refund requires special consideration, please make an application in writing to email@example.com
In the case a refund is approved, you will be notified by a return email within 7 days.
Please note that if your refund request is approved, you will be required to provide proof that all accessed documentation has been destroyed. Once this has been received, your refund will be processed into your nominated bank account.
- Copyright and Intellectual Property
a) The Website, the Services and all of the related products of FIT HEALTHY GROUNDED WOMEN are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FIT HEALTHY GROUNDED WOMEN and/or its contributors.
b) All trademarks, service marks and trade names are owned, registered and/or licensed by FIT HEALTHY GROUNDED WOMEN, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) download, print and reproduce pages in unaltered form from the Website for your own personal and non-commercial use.
FIT HEALTHY GROUNDED WOMEN does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by FIT HEALTHY GROUNDED WOMEN.
c) FIT HEALTHY GROUNDED WOMEN retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
d) You may not, without the prior written permission of FIT HEALTHY GROUNDED WOMEN and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Modification of Our Content for any other purpose is a violation of our copyright (Copyright Act 1968) and other proprietary rights and is strictly prohibited.
a) That any confidential information shared by other Fit Healthy Grounded Women participants (Participants) or any representatives is confidential and proprietary, and belongs solely and exclusively to the Participant who disclosed the information.
b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c) That all materials and information provided to you by Fit Healthy Grounded Women is confidential and proprietary information and is intellectual property, belonging solely and exclusively to Fit Healthy Grounded Women, and may only be used by you, as authorised by Fit Healthy Grounded Women.
d) That if you violate or threaten to violate any of the Terms contained that Fit Healthy Grounded Women will be entitled to, among other things, injunctive r3lief to prohibit such violations.
- Registering Your Details
Before you purchase products and/or services, you must register an account with FIT HEALTHY GROUNDED WOMEN. You must provide accurate and complete information and it is your responsibility to inform FIT HEALTHY GROUNDED WOMEN of any changes to your personal registration information.
We may, at any time, request a legal form of identification to verify your identity.
When you are a registered user or member to the Website, you acknowledge and agree that:
i. You are solely responsible for protection and confidentiality of your password(s) and/or member identification.
ii. You will not reveal (or cause to be revealed through any act or omission) your password to any other person.
iii. You will immediately notify us if your password(s) and/or member identification number is lost or becomes known to any other person.
iv. Any information you provide to us for posting or inclusion in our FIT HEALTHY GROUNDED WOMEN community, at any time, becomes the property of FIT HEALTHY GROUNDED WOMEN.
v. Where a member service is for one user only, no other person will use your password or any registered user/member services.
11. Anti-spam Notice
Publication of electronic addresses on the Fit Healthy Grounded Women Website is for the purpose of professional communication only and must not be used to infer consent by Fit Healthy Grounded Women or the relevant addresses, to the receipt of unsolicited commercial electronic messages.
- External Links and Advertisements
This Website May contain links to websites maintained by other organisations over which Fit Healthy Grounded Women has no control. Fit Healthy Grounded Women does not sponsor, endorse or approve any material or advertising on external websites or the operations of external sites. Any information, products and/or services accessed on external websites are accessed solely at your own risk.
- Your Obligations
When using our products and/or services, you may be given access to Facebook groups and other online/virtual forums (Fit Healthy Grounded Women Facebook group/page) in which you may post photos, make comments, send messages or post other material (Your Content). When posting Your Content, on the Website or any Fit Healthy Grounded Women platforms, you agree that you will not post or otherwise publish:
a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, offensive, inflammatory or otherwise objectionable.
b) Content that harasses, degrades, intimidates or is hateful to any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c) Information 5hat includes personal or identifying information about other person without that persons consent.
d) Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by FIT HEALTHY GROUNDED WOMEN.
e) Any information or content that impersonates any person or entity.
f) Any material or non-public information about companies without authorisation to do so.
g) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities and any other similar unsolicited commercial communication (except as/if expressly permitted by FIT HEALTHY GROUNDED WOMEN
By posting or otherwise publishing Your Content on our Website or the FIT HEALTHY GROUNDED WOMEN Facebook group/page, you:
i. Grant FIT HEALTHY GROUNDED WOMEN a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit Your Content in any form and for any purpose.
ii. Warrant that you have the right to grant the above licences;
iii. Warrant that Your Content does not breach these Terms.
We reserve the right (but have no obligation) to:
a) Review, modify, reformat, reject or remove Your Content if it, in the opinion of FIT HEALTHY GROUNDED WOMEN, violates these Terms and Conditions or otherwise has the potential to harm, endanger or violate the rights of any person or entity; and
b) Monitor use of the Website and fore mentioned groups/platforms, and store or disclose any information that we collect, including in order to investigate compliance with the Terms, or for the purposes of any Police investigation or Government request.
- Medical Advice
You are required to complete a pre-exercise questionnaire which you must complete to the best of your ability and with 100% honesty. It is essential that you seek expert medical advice before starting an exercise program. Please inform Fit Healthy Grounded Women about any health risks and if you’re concerned about any of the exercises so you may be provided with suitable alternatives. You are also obligated to tell Fit Healthy Grounded Women if your medical condition(s) change after you join.
You agree to indemnify, defend and hold harmless FIT HEALTHY GROUNDED WOMEN, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitors fees) asserted by any third party due to, arising from or in connection with your use of Our Content, or your conduct on our Website. FIT HEALTHY GROUNDED WOMEN reserves the right, at all times and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
- Invalid Terms and Conditions
- General Disclaimer
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(ii) FIT HEALTHY GROUNDED WOMEN will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FIT HEALTHY GROUNDED WOMEN make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FIT HEALTHY GROUNDED WOMEN) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of FIT HEALTHY GROUNDED WOMEN; and
(iv) the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
a) FIT HEALTHY GROUNDED WOMEN’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
b) You expressly understand and agree that FIT HEALTHY GROUNDED WOMEN, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
a) The Terms will continue to apply until terminated by either you or by FIT HEALTHY GROUNDED WOMEN as set out below.
b) If you want to terminate the Terms, you may do so by:
i. providing FIT HEALTHY GROUNDED WOMEN with seven (7) days’ notice of your intention to terminate; and
ii. closing your accounts for all of the services which you use, where FIT HEALTHY GROUNDED WOMEN has made this option available to you. Your notice should be sent, in writing, to FIT HEALTHY GROUNDED WOMEN by contacting us.
c) FIT HEALTHY GROUNDED WOMEN may, at any time, terminate the Terms with you, if:
i. you have breached any provision of the Terms or intend to breach any provision;
ii. FIT HEALTHY GROUNDED WOMEN is required to do so by law;
iii. the provision of the Services to you by FIT HEALTHY GROUNDED WOMEN is, in the opinion of FIT HEALTHY GROUNDED WOMEN, no longer commercially viable.
- Subject to local applicable laws, FIT HEALTHY GROUNDED WOMEN reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FIT HEALTHY GROUNDED WOMEN’s name or reputation or violates the rights of those of another party.
Registrations are non-transferable.
- Change of Mind
You can cancel your registration agreement during the 48 hour cooling-off period. Fit Healthy Grounded Women will then cancel your agreement and process a refund of payment, minus the administration fee. This is only applicable for new membership agreements.
a) You agree to indemnify FIT HEALTHY GROUNDED WOMEN, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
ii. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii. any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
i. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the MEDIATION BODY or his or her nominee;
iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iv. mediation will be held in PERTH, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by FIT HEALTHY GROUNDED WOMEN is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
25. Website Unavailability
Fit Healthy Grounded Women does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Fit Healthy Grounded Women.
We reserve the right to change, from time to time, the services available to members.
- Consulting/Coaching Services
Any verbal advice provided by our consultants/coaches (via phone or otherwise) is given in good faith; is given on the basis that you have accurately disclosed all relevant facts to us; and relates only to the facts which you have disclosed to us and your individual circumstances.
Verbal advice may not represent the only of definite solution to your inquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your objectives, financial situation or need before acting on it as we may not be able to take the, fully into account during a brief telephone conversation, initial meeting or face-to-face conversation.
- Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Your feedback is important in helping us to provide a great service. If you have any questions or comments regarding any of our products, services or Website please address this in writing to firstname.lastname@example.org
- Contact by Fit Healthy Grounded Women
Fit Healthy Grounded Women will seek prior consent before sending advertising information. If you do not wish to receive this type of information from Fit Healthy Grounded Women you may remove your name from the database by contacting email@example.com
I hereby understand and acknowledge that the training, programs and events held by Fit Healthy Grounded Women (the ‘Programs’) may expose me to inherent risks, including but not limited to: accidents, injury or illness. I assume all risk of injuries associated with participation in the Programs including, but not limited to: falls, the effects of the weather (including high heat or humidity) and all other such risks being known and appreciated by myself.
I acknowledge that if I have any concerns about my physical or mental health that may conflict with my participation in the Programs, I acknowledge that I am responsible for communicating those to Penelope Lane prior to participation in the Programs. If concerns arise during participation in the Programs, I will immediately inform Penelope Lane.
As necessary to my circumstances, I will take prior advice from my doctor regarding my health and fitness to participate in the Programs.
As a participant of FIT HEALTHY GROUNDED WOMEN, I, and anyone entitled to act on my behalf, am to hold harmless, waive and release FIT HEALTHY GROUNDED WOMEN and Penelope Lane; its agents, employees, organisers, representatives and successors in the Programs.
All the Fit Healthy Grounded Women products, services and related products are intended for general education and information purposes only. Nothing on this Website, or any related content provided by Fit Healthy Grounded Women during provision of the products and/or services purports to offer medical or other professional advice. Use caution and always seem professional advice before acting on any information we provide.
Fit Healthy Grounded Women does not warrant the accuracy, completeness or adequacy of the Content on this Website. You should make your own enquiries before entering into any transaction on the basis of the content on this Website.
Any decisions you make following the support, guidance, strategies and tools provided by Fit Healthy Grounded Women are yours alone and any consequences from these decisions is your sole responsibility. It is important you understand your success is dependent on many factors including, but not limited to: dedication, participation, desire and motivation.
Any testimonials and examples within our marketing materials are not to be taken as guarantee that you will achieve the same or similar results.