| Agreed terms
1. Definitions
“Client Information Schedule”
refers to the information contained in Schedule 2.
“Commencement Date”
is the date that the Online Training Services are first provided pursuant to clause 2.
“Online Training Service”
refers to the collection services to be provided for each Training Package listed in Schedule 1.
“Our Website”
refers to: http://www.fizique.com.au and http://www.trainer4.com
“Training Fee”
means the amount payable for each respective Training Package in Schedule 1.
“Training Package”
means the individual Online Training Services listed in Schedule 1.
“Training Period”
means the length of the term of this Agreement listed in Schedule 1 pursuant to clause 3.1.
“We”, “Our”, “Us” or “the Trainer”
refers to Fizique and its subsidiaries, employees, officers, agents and affiliates.
“You”, “Your” or “the Client”
refers to you as the recipient of the Online Training Services.
2. Commencement
Our provision of the Online Training Service will commence upon your completion of the Client Information Schedule and payment of the Training Fee for the applicable Service Package.
3. Term
3.1 Length of Term
This Agreement will start on the Commencement Date and will terminate at the end of the Training Period.
3.2 Automatic Renewal of Term
This Agreement will automatically renew at the end of the Training Period in clause 3.1, unless you provide notice to us by making the appropriate selection in the Control Panel of your intention not to continue the Agreement not less than one week prior to the end of the Training Period.
4. Payments
4.1 Training Fee
The Training Fee will be paid by you on the Commencement Date by payment from your nominated credit card.
4.2 Refunds
If you terminate this Agreement pursuant to clause 5.1 you will not receive a refund of this Training Fee paid pursuant to this Agreement. If we terminate this Agreement pursuant to clause 5.2 we will provide you a refund on a pro rata basis for any remaining Training Period.
5. Termination
5.1 You can terminate
You are able to terminate this Agreement at any time with one week notice to us by email.
5.2 We can terminate
We are able to immediately terminate this Agreement at any time at our sole discretion with notice to you by email. If we terminate the Agreement pursuant to this clause we must comply with our obligation in clause 4.2.
6. Your physical condition
6.1 Current physical condition
You warrant that you are in reasonable physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition.
6.2 Updates on physical condition
You must advise us of any change in your physical condition or any medical condition that might affect your ability to engage in active or passive exercise.
7. Health Disclaimer
You understand, agree and warrant that:-
(a) We provide personal fitness training information and advice by telephone and published over the internet that is intended to assist you with your fitness.
(b) We are not a medical organisation and our staff cannot give you medical advice or diagnosis.
(c) Nothing provided by us either by telephone or over the internet should be construed as being such advice or diagnosis.
(d) Information and advice provide by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor.
(e) You are urged and advised to seek the advice of a medical doctor before beginning any fitness effort or regime.
(f) Our website and advice is intended for use only by healthy adults.
(g) Our website and advice is not intended for use by children, pregnant women, or individuals with a health condition and such individuals are specifically warned to seek professional medical advice prior to initiating any form of fitness effort or regime.
You indemnify us in respect of any claims and any liability whatsoever including all legal costs and expenses on a solicitor and own client basis resulting from your breach of your warranties in this clause, clause 6.1 or your obligations in clause 6.2.
8. Limitation of Liability
8.1 Exclusion of Implied Terms
You acknowledge that:
(a) no warranty, condition, description or representation in relation to the services is given by the seller, expressly or impliedly by this Agreement or outside this Agreement.
(b) All warranties, terms and conditions in relation to the quality of the services and of every other kind whether expressed or implied by use, statute or otherwise is excluded.
8.2 Limitation to supply and cost
If s 68A of the Trade Practices Act 1974 is applicable to the supply of services pursuant to this Agreement, the total liability of us for loss or damage of every kind:-
(a) Whether arising pursuant to this Agreement; or
(b) Out of or in relation to the supply of services, in tort or contract or in any other cause of action, or in any other way whatsoever, is limited to:-
(c) The supplying of the services again; or
(d) The amount paid by you under this Agreement for the Training Period in which the liability arises.
8.3 Limitation in respect of recreational services
If s 68B of the Trade Practices Act 1974 is applicable to the supply of services pursuant to this Agreement, the total liability of us for loss or damage of every kind:-
(a) Whether arising pursuant to this Agreement; or
(b) Out of or in relation to the supply of services, in tort or contract or in any other cause of action, or in any other way whatsoever, is limited to:-
(c) Liability for death or personal injury.
8.4 Force majeure
We are not liable for any inability to perform, or for any delay in performing, any of our obligations under this Agreement if that inability or delay is caused by:-
(a) Any act of God;
(b) Any outbreak or escalation of hostilities (whether or not war has been declared) or any other unlawful act against public order or authority;
(c) any industrial dispute;
(d) any governmental restraint; or
(e) any other event which is not within our reasonable control.
8.5 Further limitation
We are not liable for any inability to perform, or for any delay in performing, any of our obligations under this Agreement if that inability or delay which arises as a result of any other matter beyond our control including but not limited to computer viruses, defects or corruptions or failure of the server host of our website.
9. GST
The Training Fee does not include any GST and you will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you. We will provide you with a tax invoice in respect of any taxable supply.
10. General
10.1 Notices
All notices and consents required or permitted to be given under this Agreement must be in writing and given by personal service, pre-paid postage, a facsimile transmission at the addresses of the parties set out in this Agreement or to such other address as either party may designate to
the other by written notice.
10.2 Assignment
We may assign or transfer the benefit of the Agreement to any person, firm or company at any time without notice to you. You are not able to assign or transfer the benefit of the Agreement to any person, firm or company.
10.3 Governing Law
This Agreement is governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of that State.
10.4 Variation
This Agreement may be varied only in writing by us.
10.5 No waiver
Our failure to enforce the provisions of this Agreement or to exercise any rights expressed in this Agreement is not to be taken as a waiver of such provisions or rights and does not affect the enforceability of this Agreement.
10.6 Severability
If any provision of the Agreement should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be effected or impaired.
Schedule 1
Training package 1
Website training:-
• Initial telephone interview
• Set up eating plan
• Set up weekly training program
• Access to our website
• Weekly telephone call for training update and progress report
Training period:
4 weeks
Training fee:
$85.00 incl. GST
Training package 2
Website training and mobile phone support:-
• Initial telephone interview
• Set up eating plan
• Set up weekly training program
• Access the website
• Weekly telephone call for training update and progress report
• Daily MMS reminder
Training period:
4 weeks
Training fee:
$95.00 incl. GST |
