1. AGREEMENT

• By browsing the Website, or placing an Order, you unconditionally and irrevocably agree to these Terms and Conditions as set out below.

• These Terms and Conditions apply to you, the Website user and your usage of the My Fitness Academy website, apps and associated social media platforms, software’s, networks and processes, including the purchase of any goods and services.
   

2. DEFINITIONS

In this Agreement:

Agreement means the terms and conditions contained in this document, including any relevant terms of any order placed by you the User through the Website (if applicable).

Customer means the person named on a My Fitness Academy invoice or sales document.

Goods means the fitness or nutrition program and/or products listed in an Order.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:

(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;

(b) literary works, dramatic works, musical works, artistic works, cinematography, films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;

(c) registered and unregistered trademarks and service marks, including goodwill in the business concerned in the relevant goods and/or services;

(d) trade, business or company names; and

(e) internet domain names, whether created or in existence before or after the Execution Date and includes anything, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in clauses (a) to (f) inclusive of this definition.

My Fitness Academy means the business operated by Director Seb Randolph and My Fitness Academy PTY LTD. Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website or App.

Pre-sale means Products that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.

Products means any items listed on the Website or on the App (for sale or otherwise). Website means the internet site located at the URL myfitnessacademy.com.au and operated by Director Seb Randolph.

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3. INTERPRETATION

In this Agreement:

(a) headings are for convenience only and do not affect interpretation;

(b) and unless the context indicates a contrary intention:

(c) person includes an individual, the estate of an individual, a corporation, a government authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;

(d) a reference to a person includes that person’s executors, administrators, successors, and permitted assigns, including persons taking by way of novation;

(e) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;

(f) a reference to $ refers to AUD (Australian Currency). 

(g) a reference to a statute includes its delegated legislation and a reference to a Statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;

(h) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;

(i) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(j) where the day on or by which any sum is payable or any act, matter or thing is to be done is a day other than a Business Day, that sum must be paid and that act, matter or thing must be done on the immediately succeeding Business Day; and

(k) includes in any form is not a word of limitation.

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4. SITE USE

• The Website may contain links to other web sites. Such links are provided for convenience only and may not remain current or be maintained. myfitnessacademy.com.au is not responsible for the content or privacy practices associated with linked web sites.

• You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.

• You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. myfitnessacademy.com.au takes no responsibility for any such damage which may arise in connection with your use of the Website.

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5. PRICING

• All prices quoted on the Website & App are in AUD unless otherwise specified.

• All prices displayed on the Website & App are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

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6. ORDERS

• You may place an Order by following the instructions on the Website or App. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.

• Orders will be deemed to have been received by myfitnessacademy.com.au at the time My Fitness Academy sends an Order confirmation to your nominated e-mail address.

• My Fitness Academy will primarily communicate with customers via e-mail or through their App. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

• Each Order (once confirmed) represents a separate agreement between My Fitness Academy PTY LTD and you.

• My Fitness Academy reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

• My Fitness Academy, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.

• In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

• My Fitness Academy accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

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7. PAYMENT

• You may provide your nominated credit card during the purchase process described on the Website or App.

• Payment on the Website or App may be made via a valid Credit Card.

• Payment for Orders will be processed immediately upon confirmation of your Order.

• If your nominated payment method triggers Myfitnessacademy.com.au internal suspicious transaction protocols, My Fitness Academy may contact you to confirm additional details, or rescind the transaction.

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8. REFUNDS

• My Fitness Academy does not accept returns and/or refunds on any of their products & services. All sales are final. 

• You acknowledge and agree that My Fitness Academy will not accept a return and will not refund your Order based on a change of mind.

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9. INTELLECTUAL PROPERTY

• All Intellectual Property in any Material on the Website is the property of My Fitness Academy PTY LTD. 

• Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

• Nothing contained in this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the Intellectual Property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Website will not infringe such Intellectual Property rights.

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10. OTHER WEBSITES

• This Website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third-party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission.

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11. DISCLAIMER

• We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to its availability, functionality or performance, except as otherwise provided under this Agreement or any applicable law.

• We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains.

• The use of the information on this Website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.

• You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the anti-trust legislation.

• This Website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the nutrition plans or fitness programs from the Website should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

• There may be risks associated with participating in activities mentioned on the Website for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any programs available at My Fitness Academy if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

• As with any fitness program you assume certain risks to your health and safety. Any form of fitness program can cause injuries, and My Fitness Academy is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realise that My Fitness Academy (like any other exercise program) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

• My Fitness Academy’s trainers are not licenced medical doctors. Their advice, whether it be on the Website, in their nutrition plans, fitness programs or via their email or online coaching is not intended as a substitute for medical advice. You must consult your doctor before beginning ANY nutrition plan or fitness program. You are using the programs & coaching available at My Fitness Academy at your own risk and My Fitness Academy is not responsible for any injuries or health problems you may experience or even death as a result of using their products and/or services.

• It is to be made clear that My Fitness Academy PTY LTD is not responsible for any injuries or health problems you may experience, including, but not limited to possible injury or death as a result of using any products or services they provide either in part or whole. 

• All the transformations and testimonials on the Website are real. These testimonials are not claimed to represent typical results from the Goods. Rather, they are examples of what the most motivated and dedicated people can achieve from the Goods. Your results may vary and you may not get the same results compared to someone else when using the services available at My Fitness Academy due to differences in your individual exercise history, genetics, nutrition and personal motivation/dedication. The end results you get will depend upon the individual and how much effort they put in.

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12. VIRUSES

• Given the nature of the internet, we cannot guarantee that this Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Website will be uninterrupted, error free or that any defects will be corrected.

• You assume the risk of any damage to your property as a result of using this Website, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.

• You must take your own precautions to ensure that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

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13. SECURE DATA

• Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security.

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14. COOKIES

• We may use cookies to gather data in relation to this Website and you consent to us doing so (although you may be able to disable cookies on your web browser).

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15. GENERAL

• My Fitness Academy reserves the right to make changes to these Terms and Conditions without notice.

• Any provision of these Terms and Conditions which is void or unenforceable may be severed without affecting the enforceability of other provisions.

• A failure or delay by My Fitness Academy PTY LTD to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by My Fitness Academy does not preclude its future ability to exercise that or any other power or right.

• To the extent permitted by law, in relation to its subject matter, these Terms and Conditions: (a) embody the entire understanding between you and My Fitness Academy PTY LTD, and constitutes the entire terms agreed between you and My Fitness Academy PTY LTD; and (b) supersede any prior written or other agreement between you and My Fitness Academy PTY LTD (if any).