TERMS AND CONDITIONS

fit.test   TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Steven Selig trading as FIT AT ANY AGE (ABN 32 443 868 747).  Your access to and use of all information on this website (https://www.myfittest.com.au_) including purchase of our service is provided subject to the following terms and conditions.  

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Subscribers and Clients

  1. In order to access the services provided on this website, you must become a registered user being a Subscriber.  You must complete registration by providing certain information as set out on our subscription/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.  
  4. We reserve the right to terminate your registration at any time if you breach these terms and conditions. 
  5. Subscribers are required to pay a periodical subscription fee to us, wherein this subscription fee is not paid within the nominated time frame, we reserve the right delete respective data from our systems relating to the Subscriber and the respective Clients of this Subscriber without notice.
  6. Subscribers acknowledge that if they cancel their Subscriber Accounts at any time, or fail to renew their Subscriber Accounts when the subscription falls due, then this also cancels their respective associated Client data. 

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. 
  2. All prices are in Australian Dollars (AUD) and are exclusive of GST unless otherwise noted.  We endeavour to ensure that our price list is current.  Our price list can be accessed from our website and we reserve the right to amend our prices at any time.  We reserve the right to cancel your order should our prices change. 
  3. You may be charged additional fees for credit card payments or other payments processed through 3rd party payment gateway such as PayPal, Stripe or Square. 

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal, group or institutional use according to the conditions of your subscription (see definitions of “Subscriber” below). In the case of a group or institutional subscription, any person who exits from the group or institution is immediately denied access to the subscription, and any unauthorised use of the subscription will result in denial of access to the service for the subscriber (group or institution), and we reserve the right to terminate the subscription to the service without refund. 
  2. You are permitted to download a copy of the information on this website to your computer for your personal, group or institutional use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Commonwealth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. Linking our website is not permitted.  We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  3. Any comment, feedback, idea, content, or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. 
  4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. We may terminate your Account

Disclaimers

  1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. 
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. 
  5. The Service is not a substitute for clinical or professional judgment on the part of the Exercise Professional. Of itself, it does not generate exercise test or program data, but depends on the accurate and reliable collection of these at the exercise facility. We accept no responsibility for the accuracy, reliability or validity of any exercise data, nor the safety or efficacy of any exercise program that may be generated from test data. 
  6. The Service and associated software is also not a substitute for the direct measurement of health or exercise data including oxygen consumption (VO2) during exercise. This software is based on four algorithms to predict and make estimations of VO2 based on exercise intensities; the algorithms are for WALK, RUN, CYCLE and STEP as published by the American College of Sports Medicine (ACSM). 
  7. We bear no responsibility for ensuring that your facility / equipment is able to accurately collect data or is suitable and safe for conducting exercise services. Please consult with an Exercise Professional to assess this.
  8. Before embarking on any exercise test or program, ensure that there are no contraindications to safe participation. Exercise limitations for each individual should be documented before commencement. This may require a prior consultation with a medical practitioner or other health professional. For older Clients or those with significant risk factors or pre-existing disease or impairment, a medical practitioner or other health professional (e.g. exercise physiologist or physiotherapist) should decide beforehand whether the exercise test is to be of sub-maximal or maximal intensity, and whether a medical practitioner needs to be in attendance. These decisions should be made known to the person administering the test BEFORE the test. 
  9. If a medical condition of a Client changes at all during the course of an exercise program, then repeat testing and programming should be conducted before resuming or continuing the exercise program. This includes, but is not restricted to, changes to prescribed medications.
  10. Be aware that many medical conditions or medications or other interventions affect one or more of heart rate, heart rhythm, blood pressure, blood circulation, heat tolerance or exercise tolerance (often more than one of these are affected together), and that the effects of medical conditions or medications or other interventions on any of these physiological responses can work in either direction (i.e. increase or decrease capacity and safety for exercise). For more information or advice on these, consult a clinical exercise professional such as an exercise physiologist or physiotherapist. Further information on this is available from Exercise & Sport Science Australia (ESSA) http://www.essa.org.au/ where you can find an accredited exercise physiologist (AEP), or consult the extensive list of resources provided by ESSA or the American College of Sports Medicine http://www.acsm.org/ or similar authorities. 
  11. All new Clients should seek the professional guidance of an accredited or registered exercise professional. Check the qualifications of the professional.
  12. Ensure that your facility and staff are capable (e.g. equipment, staff qualifications and training) to provide safe exercise services, including responding to acute adverse events. 
  13. We accept no liability for the provision of safe exercise services or facilities. 
  14. We accept no liability for PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM A SUBSCRIBER’S ACTIONS, A CLIENT’S ACTIONS OR THE ACTIONS OF ANY OTHER THIRD PARTY whilst using or accessing the Service.
  15. Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Statutory Guarantees and Warranties to Consumers 

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-
  1. Schedule 2 of the C&C Act; and
  2. Those statutory guarantees, all of which are given by us to you if you are a consumer.
  1. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our services then we give you a warranty that at the time of supply of those services to you, if they are defective then:-
    1. Provide again or rectify any services or part of them that are defective; or
  2. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.  
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:- 
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the transactions between our users.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.  

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy 

  1. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 
  3. We note that private and personal information provided by Subscriber and Clients may be shared to a limited extent to allow for functionality of this software. Clients grant permission for Subscribers to view and access personal and private data of their respective Clients.

Definitions 

  1. The following definitions apply to the interpretation of these Terms and Conditions:
    1. Subscriber”, refers to the person, persons, group or institution subscribing to the Website and in so doing having access to https://www.myfittest.com.au and accepting these Terms and Conditions. 
    2. Client/s” refers to a Subscriber’s clients 
    3. Exercise or Health Professionals”, “Exercise Professionals”, “Health Professionals” refers to the exercise and/or health professionals that the Subscriber or Clients respectively interact. 
    4. Account” means the account you create to access or use https://www.myfittest.com.au.