Introduction

This website and its content is owned by The Fitness Well WA Pty Ltd, ACN: 651480581. By accessing or using this website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the website (known collectively as “Terms and Conditions”). The Terms and Conditions govern the use of this website. The Fitness Well reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check our Terms and Conditions regularly.

Disclaimer
All the information, exercises, techniques, ideas, and examples accessed on or through this website (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical, or emotional situation or needs. It is not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions, or diagnosis and is not intended to take the place of proper medical advice from a fully qualified medical practitioner. You should, before you act or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical professional before using any of the Content, information, or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique, or taking any course of action that may directly or indirectly affect your health or well being.

You take full responsibility and risk for making any decision based on the Content on our website or contained in our Programs. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage, or injury that may arise from any person acting on any information, goods, or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

You acknowledge and agree that, before commencing or continuing any of the programs, trying any exercise or otherwise using any Content  offered online or accessed through this website or app (“Programs”), you will (and will ensure that any children with whom you use any Content):

  • Consult a skilled medical professional as to the suitability of the Programs for you.;
  • Ensure that you not are injured and will immediately stop if you feel any sharp or sudden pain in any way in connection with the Program;
  • Carefully check your environment and all equipment (including anchor points, etc.) for safety and potential safety issues before commencing;
  • Ensure that you and every other Program participant who uses Programs through you, has reviewed and thoroughly understands and follows all advice and information concerning the correct technique for performing the Program.
  • Ensure that if you are unsure how to do an exercise, drill, stretch or any other related part of the programs, that you stop and seek advice from a qualified professional.

In addition, if you or any person who uses a program through you (a “Junior Program Participant”), is under the age of 18, you must also ensure that the Junior Program Participant:

  • Is sufficiently mature as to be able to comprehend and carefully follow the technique and safety instructions relevant to the Programs they are undertaking;
  • Ensure that any weight training undertaken by a Junior Program Participant is not more than 15% of that person’s total fitness program (supplemented by other sports, play and cardio activities);
  • Is closely supervised at all times while performing the Program;
  • Does not undertake excessive repetitive weight bearing movements or explosive power lifting (all weight bearing exercise should be widely varied)
  • Does not lift more than an additional 10% of their body weight when following the strength components of the program.

Copyright Information for Online Fitness Programs
You may not share, copy or redistribute any material contained in our Programs in any medium or format at any time. Our materials are for your individual personal use only and may not be used for commercial or other purposes.

You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from The Fitness Well.

Links to Third Party Sites &Third Party Advertisements
The Fitness Well assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as The Fitness Well may specifically direct otherwise, The Fitness Well does not authorise the content of those third party websites. The website may also contain third party advertisements, which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of The Fitness Well for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.

Limitation of Liability
This website is provided on an “as is” basis. While The Fitness Well has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication, The Fitness Well does not accept responsibility for any error, omission or defect in the information.

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality data sources on our website, we make no representations or warranties of any kind, express or implied, about:

  • the completeness, accuracy or reliability of the Information you obtain from the use or purchase of our goods or services; or
  • whether the goods or services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of any Information made available through or facilitated by the Website.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, any goods or the Content supplied through the use of the services. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

  • The supply of any goods or services again; or
  • The payment of the cost of having any goods or services supplied again.

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

Indemnity
You agree to indemnify and keep indemnified The Fitness Well, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content
The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works, which is owned by The Fitness Well, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without The Fitness Well express consent.

User Submitted Content
When you submit any materials via the website including comments, recordings and images, you, unless The Fitness Well advises otherwise, license and grant The Fitness Well its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.

You agree that you are fully responsible for the Content you submit. The Fitness Well shall not be liable in any way for such Content to the full extent permitted by law. The Fitness Well may remove any Content without notice for any reason whatsoever. You warrant and agree that:

a) you will not submit any Content that is unlawful or fraudulent, or that The Fitness Well may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

b) you will obtain prior consent from any person or property that appears in your Content;

c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d) your content shall not contain viruses or cause injury or harm to any person or entity; and

e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, you will indemnify The Fitness Well for any breach of the above terms.

Termination and Cancellation
The Fitness Well reserves the right in its sole discretion to revise the content of, amend links from, or withdraw your access to the website, Content or at any time without notice. Without limiting the operation of any other Terms and Conditions herein, The Fitness Well will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on The Fitness Well liability will survive such termination.

Governing Law
The Terms and Conditions are governed by and to be construed in accordance with the laws of Western Australia, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. The Fitness Well makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.