Flexi Camp September 2021

Heal Yourself + Move – Terms and Conditions

1. Your Acceptance

The following terms and conditions relate to the provision of any services or sale of products (including physical products and downloadable material, and content delivered live via Skype or similar platforms) and including from the Health Yourself + Move website (www.healyourselfandmove.com.au) (“Site”) (“Services”, “Programs”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between, Heal Yourself and Move Pty Ltd (ACN 636 744 146)  (“Heal Yourself + Move” “us”, “we”, “our”), the owner and operator of the Site, and any Services and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).

By using our Site or any Services you agree to be bound by this Agreement, our Website Terms of Use and our Privacy Policy. We may amend this Agreement, our Website Terms of Use or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, Website Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.

2. Participation in and Use of Services

Users must be 18 years of age or older to purchase and use our Services.

Where any person participating in any Course or Coaching session (“Participant”) is under the age of 18, a parent or guardian over the age of 18 must be present with the Participant at all times. For the avoidance of doubt, where Services are provided virtually either via Skype or any other platform, a parent or guardian aged over 18 must be present in the room with the Participant for the duration of the Skype call and/or delivery of any Services. Where a Participant is using non-live Services, including but not limited to watching a pre-recorded video or participating in a Course, a parent or guardian aged over 18 must be present on the premises in which the Participant is using the Services.

3. Ownership and Use of Materials and Intellectual Property

You are responsible for your use of our Site and Services and you agree that your use of our Site and Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Site or Services, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.

Licence

We make our Services available to you through our Site. When you use our Site or Services (including the downloading of any resource or Program, we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Site. This means you may not re-sell our Services anywhere else or use for any commercial purpose, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services (“Licence”).

This License may be terminated if you violate any of these Terms of Use or our Privacy Policy. Additionally, this Licence may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of the Site or Services are in violation of any applicable laws. If you do not agree to the terms of this Licence you must not use or Site or Services. You may terminate this Licence at any time by notifying us or ceasing to use our Services.

Intellectual Property

The design of our Site and Service along with all created text, templates, scripts, graphics, interactive features and any trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under law. “Heal Yourself and Move” is a registered business name, all rights reserved. We reserve all rights not expressly granted under these Terms of Use in and to the Site and Services. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Services unless we have given express written permission.

You agree that the copyright in all downloadable content and Services vests in us and that your use of any Services or Products downloaded from our Site are subject to the Licence rights granted to you in these Terms of Use.

If you wish to feature or reproduce any of our recipes or images, or for commercial use, publication and general distribution you should contact us for permission first at enquires@healyourselfandmove.com.au.

 

4. Health and Fitness Requirements

All content on our Site is for informational and educational purposes only. No statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies.

None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.

If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Services. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.

You should be in good health and physically fit when using our Products or Services. Failure to be in good health may result in adverse health consequences. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of or engagement in any strength, flexibility or fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our Services may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

You acknowledge that your use of our Services and/or participation in our Programs are voluntary and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

5. Our Reliance on Your Accuracy of Information

You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.

You warrant the truth, accuracy, currency and completeness of any information you provide us.

6. Testimonials

Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

7. Personal Information

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history and medication use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at enquiries@healyourselfandmove.com.au ‘unsubscribe’ in your email’s subject

8. User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Login details must be kept confidential, and must never be shared with any other person.

Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login. You understand that the sharing of your Login information will be considered a substantial breach of this Agreement and may result in your access to the site being terminated.

You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

9. Payment

We use a secure online payment system.

In order to purchase any of our Services (including any products) you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be pre-paid. Orders will only be sent, or available for download (for electronic products) after full payment of the total amount is cleared, or you have entered into a payment plan with us.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

The prices for Services provided under this Agreement will be as set out on our Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at 1300 159 323.

All Services (including any goods) available from our Site are subject to consumer protections under the Australian Consumer Law.

10. Delivery

Unless otherwise agreed, all Services including Coaching will be delivered or take place online.

Private/Group Coaching

Private and Group Coaching sessions will be conducted online through Skype or another platform as determined or agreed from time to time. Coaching sessions will be booked and delivered in accordance with a schedule agreed between you and us.

Courses

After processing your payment, you will be directed to a restricted area of Heal Yourself + Move website, and receive an email with instructions for accessing this restricted area.

If you have any issues with downloading any content, please contact us at enquiries@healyourselfandmove.com.au. All downloadable content and Programs are subject to copyright and for personal use only and are not permitted to be used for commercial purposes.

Product and Service Availability

We reserve the right to alter, update, or remove any of our Services at any time. We may modify our Services for any security reason, at our discretion. We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.

Where possible we ensure product availability however due to product demands, Heal Yourself and Move products may not be available at all times. If products are unavailable we will inform you of product availability and projected delivery.

Products purchased from Third Parties via our Site are subject to availability. We cannot guarantee the accuracy or availability of Third Party products.

11. Refunds and Cancellations

Private Coaching

24 hours’ notice is required for the cancellation or rescheduling of any Private or Group Coaching appointment. Where less than 24 hours’ notice of cancellation or a rescheduling request is provided, no refund or replacement appointment will be provided.

For Private Coaching appointments that take place over Skype or any other online platform as agreed from time to time, you accept that we will call at the designated time. Should you not answer, we will place another call at five and ten minutes past the scheduled time. Should you not answer after this point, the appointment will be considered forfeited and you will not be entitled to a replacement or refund.

Courses

No change of mind refunds are available for Course Packages.

Your rights to refund or replacement (if applicable) are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at enquiries@healyourselfandmove.com.au.

12. Contact Information

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at enquiries@healyourselfandmove.com.au

13. Disclaimers

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any products listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, and for product defects or failures, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

14. Limitations and Liability

• Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
• For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
• With the exception of Consumer Guarantees, we exclude:

(i)         any term, condition or warranty that may otherwise be implied by custom, law or statute;

(ii)         any liability for loss caused by our negligence; and

(iii)       any liability for Consequential Loss.

• To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:

(i)           In the case of goods, to:

(A)     the replacement of the goods or the supply of equivalent goods;

(B)     the repair of the goods;

(C)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(D)    the payment of the cost of having the goods repaired.

(ii)          In the case of services, to:

(A)     the supplying of the services again; or

(B)     the payment of the cost of having the services supplied again.

In the event of any problem with the Services (including any products) that you have purchased on or through this Site, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services (and any products) within the last six months, whichever is greater.

15. Indemnity

You agree to defend, indemnify and hold harmless Heal Yourself + Move Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• your use of and access to our Site and Service;
• your violation of any term or condition of this Agreement;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that any of your use caused damage to a third party.

This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

16. Privacy

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (Vic) and the applicable Health Privacy Principles in the Health Records Act when handling personal information which is health information.

Our Privacy Policy can be accessed by clicking on this link

17. Choice of Law

This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.

18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

21. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

23. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.

24. Electronic Communications

We use electronic means of communication, whether you visit the Site or Service or send use-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

25. General

a. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.

b. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

c. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.

d. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.

26. Teachers Course 

This 4 Week Foundation Teachers course gives you the license to guide your students in the content contained in the course for 12 months from the date of purchase.

This course is not an accredited teaching course. You are not permitted to advertise yourself as a HY+M instructor or use the logo on you website or for advertising purposes.

The 4 Week Foundation teachers Course license to guide you’re your students is for you to teach your enrolled students only at your studio premises.  You are not permitted to teach the content of the course at another studio or offer workshops or classes containing the material in the course at any other venue.

Heal Yourself and Move reserves the right to revoke the the 4 Week Foundation teaching license if you use the course in any way other than stipulated. 

AT the end of the 12 month period to renew your 4 Week Foundation Teachers Course license the fee is $300.

You are fully responsible at all times for the well-being and safety of your students when guiding them through the content in the Heal Yourself and Move 4 Week Foundation Teachers Course.   

Heal Yourself and Move accepts no responsibility for any injury or adverse outcomes sustained by yourself or your students in teaching or practicing the content of the course.