TERMS & CONDITIONS

 

welcome to fit healthy grounded women

 

Fit Tone Flex System and the BMH Formula

A core component of Fit Healthy Grounded Women is The Fit Tone Flex System and related BMH formula. This is the intellectual property of Fit Healthy Grounded Women. All following information is relevant to Fit Healthy Grounded Women and The Fit Tone Flex System and the BMH formula, as (related products) and needs to be considered as such from now on.

The materials on the Fit Healthy Grounded Women website and related products ABN 77963437175 are offered for women who wish to enhance their health and well-being.This Website and related products are offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

These Terms are important and you should ensure that you read them carefully and contact Fit Healthy Grounded Women at penelope@fithealthygroundedwomen.com if you have any questions before purchasing our products or engaging our services.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at penelope@fithealthgroundedwomen.com and immediately discontinue your use of the products and/or services.

If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

General Disclaimer

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 accidents, injury, or illness. I assume all risk of injuries and illness associated with participation in the Programs including, but not limited to, falls, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.

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 arising during participation in Programs, I will immediately inform Penelope Lane.

As necessary to my circumstances, I will take prior advice from my doctor regarding my 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; it’s agents, employees, organizers, representatives, and successors in the Programs.

All the Fit Healthy Grounded Women products and services and related products are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer medical or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

Fit Healthy Grounded Women does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own inquiries before entering any transaction on the basis of the content on this Website.

Any decisions you make from following the support, guidance, the strategies, and tools, and the consequences from these decisions is your sole responsibility. It’s important you understand that your success depends on many factors, including your dedication, participation, desire, and motivation.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

Double Your Fitness, Strength and Mobility Within 12 Weeks Promotion.

With particular reference to the promotion Double Your Fitness Strength and Mobility Within 12 weeks, if after completing all of the exercises, modules, coaching, Q&As and worksheets within the program, you haven’t doubled your fitness, strength and mobility, Penelope will refund your money. You will need to provide evidence that you have completed all of the exercises, modules, coaching, Q&As and worksheets within the program prior to receiving the refund.

You acknowledge and agree that Fit Healthy Grounded Women; its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any personal decision made by you at any time.

Fit Healthy Grounded Women does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. Fit Healthy Grounded Women excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by Fit Healthy Grounded Women in relation to the use of this website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).

Under no circumstances will Fit Healthy Grounded Women be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

Registering Your Details

Before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

  • You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  • You will not reveal (or cause to be revealed through any act or omission) your Password to any other person.
  • You will immediately notify us if your Password is lost or becomes known to any other person.
  • Any information you provide to us for posting or inclusion in our Fit Healthy Grounded Women community, at any time, becomes our property.
  • To the extent that you provide personal information, Fit Healthy Grounded Women will treat such information strictly in accordance with its Privacy Policy.
  • Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

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 necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

Your Obligations

When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Fit Healthy Grounded Women Facebook Group/Page) in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Fit Healthy Grounded Women Community any of the following:

  1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
  2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  3. Information that includes personal or identifying information about another person without that person’s consent.
  4. 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 us.
  5. Any information or content that impersonates any person or entity.
  6. Any material, non-public information about companies without authorisation to do so.
  7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or the Fit Healthy Grounded Women Facebook Group/Page, you:

  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
  2. Warrant that you have the right to grant the above licences;
  3. Warrant that Your Content does not breach these Terms.

We reserve the right (but have no obligation) to:

  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. Monitor use of the Site, 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 governmental request.

Right to Suspend, Terminate and Refund

We reserve the right to suspend or terminate your use of the Site, the Fit Healthy Grounded Women or our products and/or services generally, if you breach any of these Terms, as determined by us in our 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 you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

With particular reference to the promotion Double Your Fitness Strength and Mobility Within 12 weeks, if after completing all of the exercises, modules, coaching, Q&As and worksheets within the program, you haven’t doubled your fitness, strength and mobility, Penelope will refund your money. You will need to provide evidence that you have completed all of the exercises, modules, coaching, Q&As and worksheets within the program prior to receiving the refund.

Should you believe that your circumstances for a refund requires special consideration, please make an application in writing (via email) to penelope@fithealthygroundedwomen.com

Should a refund be approved you will be notified by return email within 7 working days.

Please note that if your refund request is approved you will be required to provide proof that all documentation access has been destroyed.  Once this is received, your refund will be processed.

Confidentiality

You agree:

  1. That any confidential information shared by other Fit Healthy Grounded Women participants (PARTICIPANTS) or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
  2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
  3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
  4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

Copyright

All material on this Site, in the Fit Healthy Grounded Women community or otherwise delivered by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright.

You may download, print and reproduce this material in unaltered form for your personal and non-commercial use only.

You may not display, print or reproduce this material in whole or part for commercial use, unless prior written permission is attained.  Apart from any use as permitted under the Copyright Act 1968. While you may access, browse or print Our Content for non-commercial or personal use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Fit Healthy Grounded Women (ABN 77963437175). All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

Fit Healthy Grounded Women grants you permission to do the following with the content unless otherwise indicated:

  • store a reproduction of the content on your local computer for the sole purpose of viewing it
  • print hard copies of the content for non-commercial use or personal use only
  • reproduce or distribute any complete page of the content so long as the content is appropriately attributed to Fit Healthy Grounded Women.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of Fit Healthy Grounded Women.

Indemnification

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 solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. Fit Healthy Grounded Women reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

Invalid Terms and Conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

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 one of our phones 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 or definitive solution to your inquiry or contain all the detail required to answer 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 them fully into account during a brief telephone conversation or initial meeting.

Non-transferable

Registrations are non-transferable.

Changing Your Mind

You can cancel your registration agreement during the 48 hour cooling off period. Fit Healthy Grounded Women will then cancel your agreement and refund the payment, less the administration fee. This is only applicable for new membership agreements.

Medical Advice

You are required to complete a pre-exercise questionnaire and it is essential 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 can be provided with suitable alternatives. You must also tell Fit Healthy Grounded Women if your medical condition changes after you join.

Feedback

Your feedback is important in helping us to provide a great service. If you have any comments or questions about our services, website or service please address this in writing to penelope@fithealthygroundedwomen.com

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 penelope@fithealthygroundedwomen.com