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Terms and Conditions

These terms and conditions apply to the use of this website referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.

 

During your Fitat60.com (FA60) membership should you take it up, subject to these Terms, FA60 grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. FA60 reserves all rights not expressly granted herein in the Services. FA60 may terminate this license at any time for any reason or no reason.

 

DEFINITIONS

  • “ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;
  • “Consumer” is as defined by the ACL;
  • “Contract” means any contract for the provision of Online Exercise & Nutrition Program by FA60 to you;
  • “Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;
  • “Online Content” means the online content provided by FA60 to You, including but not limited to the consumer Exercise & Nutrition content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by FA60 via the Site;
  • “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
  • “Member Information” has the same meaning as in clause 5 of these Site Terms;
  • “Online Exercise & Nutrition Program” means the online courses on a variety of topics relevant to FA60 including the Online Content purchased via the Site;
  • “FA60” means fitat60.com the operating name of Beau & Belles Adventures Pty. Ltd.
  • “Services” means the services provided by FA60 which allows you to access the Online Content, Site and Program;
  • “Site” means the website fitat60.com;
  • ”Site Terms” means these terms and conditions;
  • “Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.
  • “You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise & Nutrition Program from FA60.

 

APPLICATION OF TERMS OF USE

  1. The Services are owned and operated by FA60.

Through these Services:

  1. you can register as a member;
  2. purchase access to the Online Exercise & Nutrition Program; and
  3. access the Online Content, subject to being eligible.

FA60 may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.

FA60 reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

 

MEMBERSHIP AND MEMBER INFORMATION

  1. You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Online Exercise &Nutrition Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
  2. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
  3. You will be able to access and modify your membership details from the Site.
  4. If you create and register an account via Facebook or other applicable third-party social networking services (SNS) by permitting access to your SNS profile to populate account details.
  5. Membership is non-transferable.
  6. FA60 may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Settings’ page at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).
  7. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
  8. You must indemnify FA60 for any losses, costs, expenses or damages that FA60 may suffer or incur if any if the Member Information provided by you is not correct.
  9. FA60 will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from FA60 at any time.

 

PAYMENT TERMS

Billing Cycle

  1. Membership is purchased on a reoccurring monthly basis.
  2. You authorise FA60 to collect/deduct payment immediately upon signup and thereafter on an automatic monthly.
  3. The Program begins on the first Monday of every week.
  4. Users will get immediate access and go into pre-season until the next program starts on a Monday, unless they sign up on a Monday, in which case they will go straight into Day 1 of the Program.
  5. Where a member cancels their membership, they will continue to have access to the program until the end of their current billing cycle. If a member has purchased a monthly subscription and cancels within the first month of subscription, where the Program start date (i.e. the Monday) is later than the Subscription Date, the member may not get to complete a full program.
  6. FA60 does not provide refunds for partial memberships or where a member does not get to complete a full program due to cancellation of their membership during a program that extends beyond their current billing cycle.
  7. If payment fails on the monthly, quarterly, bi-annual or annual billing date, payment will be put through on the evening following the monthly billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the monthly billing date, and if payment fails on the third attempt, subscription will be cancelled (but all outstanding fees will continue to be owed).
  8. The recurring payment is not a contract. Members can cancel the recurring payment by cancelling before the date when their next payment is due.
  9. Unless you cancel your membership at least 24 hours before your monthly, quarterly, bi-annual or annual billing date, you authorise FA60 to charge your next month’s, quarter’s, bi-annual or annual membership fee to your chosen payment method.

 

PRIVACY

  1. FA60 may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to FA60’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for FA60 to deal with your personal information

 

SECURITY OF INFORMATION

  1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
  2. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
  3. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

 

LINKS TO OTHER SITES

  1. You may be able, through hypertext or other computer links, to gain access to other sites operated either by FA60, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under FA60’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, FA60 is not responsible for the content of any Linked Sites, or any changes or updates to such sites. FA60 provides these links for your convenience only. You link to any such Linked Sites at your own risk. FA60 is not a party to any transaction between you and a Linked Site. Unless specified, FA60 does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

 

DISCLAIMER (USE OF THE SITE)

  1. FA60 does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by FA60 in good faith on an “as is” basis without warranty of any kind.
  2. FA60 does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
  3. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
  4. FA60 makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
  5. FA60 recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

 

LIMITATION OF LIABILITY (USE OF THE SITE)

  1. FA60 will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will FA60 be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, FA60 will not be liable for those costs.
  2. Where liability cannot be excluded, any liability incurred by FA60 is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

 

THIRD PARTY MATERIAL

  1. Certain Information may include material from third parties.
  2. You agree that FA60 is not responsible for examining or evaluating the content or accuracy of the third party material and FA60 does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  3. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that FA60 is not in any way responsible for any such use by you.

 

INTELLECTUAL PROPERTY (SITE)

  1. © Beau & Belles Adventures Pty Ltd. All rights reserved.
  2. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trademark or other intellectual property rights and laws and remains the property of FA60 or third party suppliers as the case may be.
  3. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without FA60’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.
  4. All trademarks and trade names which appear on this Site are proprietary to FA60 and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

 

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

  1. FA60 takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by FA60 or individuals, groups or companies interacting with the Services, you can notify us at matt@fitat60.com

 

SPAM

  1. The publication of FA60’s email addresses on this Site is to facilitate communications relating to the Online Exercise &Nutrition Program and Services supplied by FA60. It must not be inferred as consent by FA60 to receive unsolicited commercial electronic messages

 

MEMBER SUBMISSIONS / User Generated Content

  1. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Exercise &Nutrition Program (Member Submissions). You irrevocably grant to FA60 a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favor of FA60 all moral rights in any jurisdiction.
  2. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify FA60 for any losses, costs, expenses or damages that FA60 may suffer or incur as a result.
  3. FA60 reserves the right, but not the obligation, to review, edit or delete any Member Submissions that FA60 deems to be illegal, offensive or otherwise inappropriate.

 

BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE & NUTRITION PROGRAM

  1. From time to time, FA60 will offer Online Exercise & Nutrition Program for sale.
  2. These Site Terms apply exclusively to every Contract.
  3. Any quotation, displayed price, order list or order confirmation provided by FA60 to you for the proposed supply of Online Exercise &Nutrition Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with FA60 on these Site Terms.
  4. A Contract is formed when FA60 confirms acceptance of your order and receipt of your payment.
  5. You must not purchase the Online Exercise & Nutrition Program for the purpose of re-supply.
  6. FA60 in its absolute discretion may refuse to accept any order from you.

 

PRICING AND PAYMENT FOR ONLINE EXERCISE & NUTRITION PROGRAM

  1. You agree to pay for Online Exercise & Nutrition Program in the manner specified in these Terms and on the Site.
  2. Prices displayed for the supply of Online Exercise & Nutrition Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise & Nutrition Program.
  3. Subject to clause 65, payment for the Online Exercise & Nutrition Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise &Nutrition Program until payment is received.
  4. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise & Nutrition Program.

 

DELIVERY OF ONLINE EXERCISE & NUTRITION PROGRAM

  1. FA60 will make the Online Exercise & Nutrition Program available for access from the Site.
  2. Any period or date for the access of the Online Exercise & Nutrition Program stated by FA60 is an estimate only and not a contractual commitment.
  3. FA60 will use its reasonable endeavours to meet any estimated dates for access to the Online Exercise & Nutrition Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
  4. You must advise FA60 in writing within 72 hours after been advised that the Online Exercise & Nutrition Program is available for access from the Site:
  • Of the inability of the Online Exercise & Nutrition Program to be accessed;
  • If there is damage to the Online Exercise & Nutrition Program; or
  • That the wrong Online Exercise & Nutrition Program has been received.
  1. Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

 

CANCELLATIONS AND REFUNDS

  1. If FA60 is unable to deliver or provide the Online Exercise & Nutrition Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, FA60 will refund to you the purchase price.
  2. No purported cancellation or suspension of an order or any part of it by you is binding on FA60 once the order has been accepted and payment confirmed.
  3. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
  4. FA60 will not otherwise provide any refunds so choose carefully. We do not provide refunds should you change your mind after purchase.

 

TERMINATION OF ACCESS

  1. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 32 through 36 inclusive will nevertheless survive any such termination.

 

USE OF ONLINE EXERCISE & NUTRITION PROGRAM

  1. You acknowledge and agree that all Online Exercise & Nutrition Program is protected by copyright or other intellectual property rights and laws and remain the property of FA60 or third-party suppliers as the case may be.
  2. Other than as required to use the Online Exercise & Nutrition Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:
  • Copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Exercise & Nutrition Program;
  • Modify or make any alterations, additions or amendments to any part of the Online Exercise & Nutrition Program;
  • Create derivative works from, any content, information, software, Online Exercise & Nutrition Program;
  • Convert the Online Exercise & Nutrition Program into an electronic format other than the one in which it was supplied;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Exercise & Nutrition Program or reproduce all or any portion of the said components;
  • Remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices.
  1. Regardless of whether the Online Exercise & Nutrition Program includes security technology that limits your use of the Online Exercise & Nutrition Program, you must comply with these provisions or you may infringe copyright.

 

DISCLAIMER (USE OF THE ONLINE EXERCISE & NUTRITION PROGRAM)

Personal Injury Disclaimer

  1. FA60 does not warrant or represent that the Online Exercise & Nutrition Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  2. Online Exercise & Nutrition Program may include material from third party authors or suppliers.
  3. You agree that FA60 is not responsible for examining or evaluating the content or accuracy of the third party material and FA60 does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  4. FA60, its authors or its suppliers may make changes to Online Exercise & Nutrition Program at any time in their sole discretion without notice or liability.
  5. FA60 reserves the right to suspend, remove, or disable access to Online Exercise & Nutrition Program at any time without notice or liability.

 

LIABILITY (ONLINE EXERCISE & NUTRITION PROGRAM AND SERVICE)

  1. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Exercise &Nutrition Program or Services, the agreement between you and FA60 does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Exercise &Nutrition Program or the Services or any contractual remedy for their failure.
  2. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against FA60 for failure of a statutory guarantee under the ACL.
  3. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
  4. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by FA60 in relation to the Online Exercise &Nutrition Program or the Services or their use or application.

 

MISCELLANEOUS

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
  2. FA60’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of FA60’s rights.
  3. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
  4. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

 

PHYSICAL PRODUCTS – REFUNDS AND RETURNS

84. All refund rights under both State and Commonwealth law apply.  Our physical goods (vs. our online programs) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon.

85. To return physical products please first contact us here, then mail to 37/197 Bay Street, Brighton. Vic. 3186 and enclose clear details of your purchase and reason for return.

LICENSED APPLICATION – ACKNOWLEDGMENT

86. These Terms and the license granted herein are between FA60 and You.

 

TO RETURN TO THE SITE

87. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Terms.

 

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