PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions cover important information about Real Fitness Training Apps, the Website, Program, and the Subscription and any applicable fees.
The provisions in the Pregnancy & Post-Pregnancy Programs Appendage form part of the Terms & Conditions and create a legally binding agreement between you and us where you participate in the pregnancy and/or post-pregnancy workout plans offered by us ("Pregnancy Program" and “Post-Pregnancy Program”).
Your Subscription is governed by these Terms & Conditions as well as our Billing Terms.
Definitions
For the purposes of these terms and conditions the following definitions apply:
1. Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
2. App means the Real Fitness Training App owned and operated by us, Forum, Program, products and/or services offered or provided by Real Fitness Training;
3. Facebook Community means the Facebook Community where registered members are able to communicate together be it on the Website or App or other 3rd party platforms e.g. Facebook;
4. Licence means the licence granted by us to you governing your use of the Program and the Services (as defined below) in accordance with these terms and conditions;
5. Our, ourselves, us, we, refer to the Zhen health and fitness PTY LTD and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
6. Party refers to a party to these terms and conditions and it includes that party successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
7. Program means the Real Fitness Training program offered via the Website/App and the Pregnancy Program (if applicable);
8. Subscription means the subscription with Real Fitness Training entitling you to use of the Program and/or the Facebook Community;
9. Terms and Conditions means these terms and conditions as amended from time to time;
10. Website means the website https://www.realfitnesspt.com.au, Facebook Community, Program, products and/or services offered or provided by Real Fitness Training excluding the App;
11. You or yours refers to you, the person accessing the Program and agreeing to the terms and conditions of your use of the Program and its contents;
12. One gender includes any other gender.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular;
Licence
13. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website / App and the services offered on the Website / App (“Services”).
14. You may not use the Licensed eBooks on more than one computer system or device concurrently.
15. Full-scale reproduction of the Licensed eBook contents is expressly prohibited.
16. This Licence shall continue until terminated in accordance with this Agreement.
Website / App
17. These Terms and Conditions govern your right to use the Website/App and your access to and use of the App, Program, the Facebook Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.
18. In downloading and/or printing any content from the Program to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose. You agree that your use of the Program is only for your personal use and not for any commercial or another use contrary to these Terms and Conditions and our legal rights in respect of the Website, the App and/or the Facebook Community.
19. You agree that if you download any content from the Website/App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Website/App in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
20. You agree that in downloading any service or product from the Website/App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time.
21. You agree that your use of the Website/App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
22. You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
23. You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Real Fitness Training.
24. The content on the Website/App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Your Agreement and Subscriptions
25. In accessing, registering or using the Website/App and/or the Services and products, information, text and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms and Conditions.
26. We offer one monthly Subscriptions. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
27. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
Eligibility
28. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This Program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Program or any of the Programs services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you will indemnify us for any losses or damage suffered as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
29. Without limitation, the Program is available only to individuals with whom legally binding contracts can be formed under Australian law.
30. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and/or Facebook Community members into disrepute or otherwise will interfere with other parties rights to have reasonable use of and access to the Program or to the contents and components of the Program or are in any way in breach of these Terms and Conditions.
Membership
31. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Forum and we reserve the right to suspend or terminate your Subscription if at any time we discover you have provided inaccurate, incomplete or misleading personal information.
32. Once you register on the Website/App, you will be given access to a "Clients only" email subscription and Facebook Community access.
33. Access to the information provided through email subscription and the Forum is for your sole use only.
34. Any password or right given to you to obtain access to the "Clients only" email subscription and the Facebook Community , and the contents or use of either the email subscription or Forum, is not transferable to any third party.
35. We reserve the right, in our sole discretion, to terminate your access to the "Clients only" email subscription or Facebook Community if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
36. We reserve the right, at our sole discretion to terminate your access to the Facebook Community once you have cancelled your membership.
Third parties
37. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
38. The Website/App may also contain links to websites operated by third parties. Such links are provided for convenience only and Real Fitness Training has no liability in connection with your use of any such third-party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
Facebook Community
39. You acknowledge that Facebook Community membership provides for public communications.
40. To become a Facebook Community member you agree to provide truthful, accurate personal details about yourself as required on the signup page for Facebook.
41. You will use the Facebook Community only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Facebook Community, either on the Facebook Community itself or otherwise, the Program, the Facebook Community and/or the individuals representing the Program and/or their employees.
42. You will not use the Facebook Community:
a. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b. to incite others to conduct the activities described in subparagraph 8.4(a);
c. to interfere with the lawful and reasonable use of the Forum by others; and
d. to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your Subscription.
43. You acknowledge that the moderators of the Facebook Community reserve the right to remove any messages in the Facebook Community that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.
Renewal & Termination
44. Your App Subscription will automatically renew for the same term of your initial Subscription unless you cancel your App Subscription via email, cancelations sent to info@realfitnesspt.com.au.
45. You may cancel your Subscription by following the steps in clause 9.1. Please note a refund will not be issued when cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.
46. We can terminate your Licence, Subscription and/or participation in the Facebook Community at our sole discretion if we believe you have breached any of the Terms and Conditions of the Licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Program and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
Payments
47. In purchasing any product or Service from the Website/App ("the Purchase") you agree to:
a. pay using a valid credit card (or other form of payment as we may allow);
b. provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; and
c. pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”)
48. All costs are in AUD Dollars unless otherwise indicated.
49. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
Risk and Limitation of Liability
50. You will receive access to the Program upon payment from you.
51. We provide no estimate as to time of delivery and you agree that time is not the essence with respect to delivery.
52. Where we provide access to the online Program, and you claim that you have not received such access, then you must cost us via info@realfitnesspt.com.au within 7 days of the date by which you purchased the Program for us to investigate your claim.
53. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
Warranty / Refund
54. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website/App, and as we make no representations to you in respect of your use of the Program and/or the products or Services offered by the Website/App, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
55. You expressly acknowledge that your use of the Website and/or App and its products and/or services is at your sole risk.
56. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
Privacy Policy
57. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website at: www.realfitnesspt.com.au
Medical Disclaimer
58. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Program or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Program and/or its products and Services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website/App, the Program and/or its products or Services.
59. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Program, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website/App or its products and services, is at your sole risk.
60. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.
61. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
62. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
Limitation of Liability
63. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect) regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability, except to the extent such limitation or exclusion of liability is not permitted by law.
64. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a. that is or may be harmful or disadvantageous to you or the community; or
b. that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
Our rights to modify services
65. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.
66. We will give you notice of any changes, for instance by:
a. publishing them on our website or
b. writing to the address (post or email) you last gave us
67. The most up to date terms and conditions always apply.
68. You agree that we may transfer, assign, license or deal with our interest in the Program, Facebook Community, copyright or any other published material to any Affiliate or to any third party who shall, in any event, be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 28 days in the manner provided by clause 16.2.
Jurisdiction
69. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
Indemnity
70. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website/App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
71. You are liable for all content posted by you on the Facebook Community
72. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Program or that by your actions of conduct.
73. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
General
74. Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the Program and your use of it.
75. Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
Information provided on Website
All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Billing Terms
These Billing Terms (“Billing Terms”) are supplementary to and form part of our Real Fitness Training Terms and Conditions (“Terms and Conditions”). Any capitalised term used in these Billing Terms has the same meaning as defined in the Terms and Conditions.
1. All purchases on the Website and the App are subject to the Terms and Conditions.
2. Subscriptions can be purchased either directly from: The Website (“Website Purchase”)
3. The Real Fitness Training Subscription fee (“Subscription Fee”) will apply regardless of how often you access or use the Subscription.
In-App Purchase
4. These include a purchase made via an external App Store, such as the Apple App Store or Google Play Store (“In-App Purchase”).
5. An In-App Purchase is purchased from and billed by the respective App Store, not by Zhen Health & Fitness PTY LTD directly (us).
6. You agree that:
a. an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;
b. In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
c. For purchases made via the Apple App Store you must take up with the App Store provider directly any payment-related issues you experience with an In-App Purchase or return requests.
d. For purchases made via the Google Play Store you can contact us at info@realfitnesspt.com.au for any payment related issues you may experience with an In-App Purchase or return request.
Website Purchase
7. Subscriptions purchased directly from the Website are managed and billed by Zhen Health & Fitness PTY LTD (us).
8. All Website Purchases are processed securely via our third-party payment gateway providers (Stripe & paypal). Please refer to their Terms and Conditions for additional information.
9. All transactions are handled over SSL (secure sockets layer) and are PCI (payment card industry) - Compliant. We do not store your credit card details which will be stored by Stripe (payment processing platform; https://stripe.com/en-au).
Free Trials
10. All subscription options offer new users the first 7 days of free, unrestricted access to Real Fitness Training App.
11. Free trials are only available to new users, and are provided at our sole discretion and not available in conjunction with other offers that we may have from time to time. Please be aware that if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
12. We reserve the right to revoke your free trial at any time.
13. You may cancel anytime on the platform where you created your user account within the first 7 days, otherwise you will be charged for the Subscription after your 7-day free trial ends.
14. All payments made on the iOS app are charged via your Apple ID account and are controlled and managed by Apple. Apple requires cancellation requests to be made at least 24-hours prior to the end of your 7-day trial.
15. Any unused portion of your free trial period will be forfeited upon purchase of a subscription.
Payments
16. The monthly Subscriptions are payable up front in lump sums at the commencement of the Subscription.
17. Subscriptions will be auto-renewed on the first day of your next billing period unless you expressly indicate to us you do not wish to renew as per section 9.1 of the Terms and Conditions.
18. If you have purchased your Subscription via our Website, you are required to let us know if your Payment Method changes. You can do this by going into your profile settings and selecting "Billing & Subscriptions.
19. We will assume your Payment Method is correct and will continue to bill Subscription Fees and charges relating to your Subscription by your nominated Payment Method:
a.If any Subscription Fees billed to your account are not processed for any reason we may suspend your Subscription until payment is made in full.
20. We reserve the right to vary the Subscription Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect; and
a.If your purchase was made via the Website and you do not cancel your subscription before your next billing cycle, you will be deemed to have accepted the variation
b.If your purchase was made via the Apple App Store of Google Play Store and if you do not accept the price increase, your Subscription will automatically be cancelled.
Promotions
21. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to and on its terms and conditions separate to those of our Terms and Conditions. It is your responsibility to read and understand those third party terms and conditions.
22. Any trial offers or subscriptions will automatically rollover to a paid Subscription unless cancelled at the end of the promotional period, or unless otherwise stated.
Cancellation
24. Unless you cancel or opt out of automatic renewal of your subscription before the expiry of your Subscription, you will be charged for a renewed Subscription at the same cost of your initial Subscription on the date that your initial Subscription expires.
25. After cancellation, you will continue to have access to the Real Fitness Training App for the remainder of your billing period.
26. To cancel your subscriptions you will need to go to the platform your Subscription was created on.
a. If you subscribed via the website, go to Billing and Subscriptions in Settings, and click the edit icon. Click “Cancel Subscription”.
b. If you subscribed via the iOS app or Android app, you will need to cancel your Subscription via your Apple ID Subscriptions or your Google Play Subscriptions.
27. All payments made through your Apple ID account are controlled and managed by Apple who requires notice of cancellation at least 24-hours before the end of your billing period.
28. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
29. If you are dissatisfied for any reason, please contact us at info@realfitnesspt.com.au