Privacy Policy

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THE FOLLOWING AGREEMENT STIPULATES THE COMMENCEMENT OF COACHING/ PERSONAL TRAINING/ PROGRAMMING PROVIDED BY HEART R8 FITNESS AND A THIRD PARTY MEMBER (CLIENT)

IP AGREEMENT: 

RECITALS WHEREAS, Licensor owns all right, title and interest in and to certain works of intellectual property (hereinafter "Works"), defined specifically as the following:  All coaching systems including but not limited to:

Excel / Google sheets provided
Educational Content
Coaching systems
Training programs

Meal planning systems WHEREAS, Licensee wishes to use said Works; WHEREAS Licensor is willing to grant a licence in and to said Works. NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows: 

(1) DEFINITIONS In this Agreement, the following definitions apply:  "ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).  "Agreement" means this agreement.

"Agreement Date" means 6th September 2021.  "Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in Victoria.  "Commencement Date" means 6th September 2021.  "Derivative Works" means works that are an adaptation of the Works, that reproduce a substantial part of the Works, or that combine the Works with other pre-existing work.  "Goods and Services Tax" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST" means Goods and Services Tax.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

"Intellectual Property Rights" means, in relation to the Works, or any part, summary or derivation of the Works, all present and all future right title and interest in or to any confidential information, logos, brand names, business names, trade names, domain names, registered trademarks, unregistered trademarks, registered designs, unregistered designs, copyrights, patents, service marks, business know-how, inventions, computer programs, business systems or other related information.  "Licence" has the meaning as defined in the "Grant of Licence" clause of this Agreement.

"Moral Rights" means the same as in the Copyright Act 1968 (Commonwealth).

"Party" means either the Licensor or the Licensee.

"Parties" means the Licensor and the Licensee collectively.  "Purpose" has the meaning as defined in the "Grant of Licence" clause of this Agreement.

"Works" means the Works of intellectual property which are described as follows:  All coaching systems including but not limited to:

Excel sheets provided
Educational Content
Exercise Library
Coaching systems
Training programs
Meal planning systems 

(2) INTERPRETATION In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:  (a) Words referring to one gender include every other gender.

(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.

(c) If a word or phrase is defined in this Agreement then any grammatical variations of that word or phrase have a corresponding meaning.

(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.

(e) Any reference to time is a reference to time in Victoria.

(f) In the event that something must be done under this Agreement on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.

(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(h) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.

(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.

(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.

(l) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.

(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars. 

(3) GRANT OF LICENCE (a) The Licensor owns the following property (the "Works"):  All coaching systems including but not limited to:

Excel sheets provided
Educational Content
Coaching systems
Training programs
Meal planning systems

(b) In accordance with this Agreement, the Licensor grants the Licensee an exclusive licence to use the Works (the "Licence").  (c) The Licence permits the Licensee to use the Works for the following purpose ("Purpose"):  Personal use within the constraints of coaching period. Any use or duplication post termination will result in non-compliance (d) The Licensee may not use the Works for any purpose other than the Purpose described under the preceding clause hereof, except with the Licensor's express written permission.  (e) The Licensor retains title and ownership of the Works.  (f) This grant of Licence only applies to the following geographical area (the "Geographical Area"):  Worldwide, within the constraints of the coaching agreement (g) The Licensee may not use the Works in any location outside of the Geographical Area, except with the express written permission of the Licensor.  (h) Except as otherwise expressly provided in this Agreement, the Licensor retains all rights, titles, interests and licences in the Works which are not expressly granted under this Agreement. 

(4) FEESLicensee shall pay to Licensor all agreed payments. By attending Consultation, you have agreed to make relevant payments.

(5) GOODS AND SERVICES TAX The Parties acknowledge that the Royalty is inclusive of any Goods and Services Tax ("GST"), if applicable, and that the Licensor will not be entitled to add GST to the Royalty. 

(6) MODIFICATIONSUnder no circumstances may the Licensee modify, alter, or make changes to the Works. 

(7) CONFIDENTIALITY (a) The Licensee hereby acknowledges and agrees that during the term of this Agreement, the Licensee may have access to information that is confidential and/or commercially valuable to the Licensor ("Confidential Information"), which may include but is not limited to:  (I) information of whatever nature relating to the business activities, practices and finances of the Licensor;  (II) any other evaluation material, design work, technologies, technological ideas or strategies, strategic plans and ideas, marketing strategies, innovations, creative plans, concepts and any other plans or ideas developed by the Licensor or on its behalf, or used by the Licensor, whether relating specifically to the Licensor's business or otherwise;

(III) any information derived from any other information which falls within this definition of Confidential Information; and

(IV) any copy of any Confidential Information.  but does not include information which:  (I) was known or in the possession of the Licensee before it was provided to the Licensee by the Licensor, provided that it was known or in the possession of the Licensee through legal means, and not as a result of any breach of this Agreement or any other agreement or obligation relating to confidentiality (whether or not the Licensee was a party to such other agreement or obligation);  (II) is, or becomes, publicly available, through no fault of the Licensee;

(III) is provided to the Licensee without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure.

(IV) is provided to the Licensee by the Licensor and is marked "non-Confidential"; or

(V) is required by law or regulation to be disclosed, but in the event that this exception applies, it applies only to the absolute minimum necessary and provided that the Licensor is first consulted to establish whether and if so, how far it is possible to prevent or restrict such enforced disclosure.  (b) If there is any doubt as to whether any particular information constitutes Confidential Information, the Licensee should presume it is Confidential Information, until the Licensee obtains explicit confirmation from the Licensor that it is not Confidential Information.  (c) The Licensee shall keep the Confidential Information confidential and secret.

(d) The Licensee shall only use the Confidential Information in accordance with the Licence created under this Agreement and in genuine pursuit of the Purpose.  (e) The Licensee will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Licensor.  (f) The Licensee will not copy or modify any Confidential Information without the prior written consent of the Licensor, or as expressly permitted in accordance with the Licence.  (g) The Licensee shall promptly advise the Licensor if the Licensee becomes aware of any possible unauthorised disclosure or use of the Confidential Information.  (h) The Licensee shall not disclose any Confidential Information to any employees of the Licensee, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of Licensor.  (i) This clause will survive Termination, expiration or Completion of this Agreement. 

(8) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS In the event that either Party (the "First Party") becomes aware of any infringement or any threatened infringement of any Intellectual Property Rights in relation to the Works, or of any common law 'passing off' in relation to any Intellectual Property Rights, then:  (a) The First Party must immediately notify the other Party of such infringement or 'passing off' (together hereinafter "Infringement").  (b) The Parties must each take all reasonably necessary steps, including executing all necessary documents, and must cooperate in good faith, in order to protect and enforce both Parties' Intellectual Property Rights in relation to the Works.  (c) The costs and expenses of any action taken under this clause in relation to an Infringement, including but not limited to any legal costs, will be borne as follows:  The licensee will be responsible for all reasonable cost and expenses of and incidental to a breach of intellectual property. 

(9) LICENSEE OTHER OBLIGATIONS  In addition to the Licensee's other obligations as set out in this Agreement, during the term of this Agreement, the Licensee must:  All copies of the works must be deleted permanently pending cancellation of services and never duplicated or replicated under any circumstances.  

(10) LICENSOR WARRANTIES  (a) The Licensor hereby provides the following warranties (hereinafter the "Licensor's Warranties"):  (I) That the Licensor has the full legal authority and capacity to enter this Agreement.  (II) That the Licensor has the full legal authority to provide the Works to the Licensee.  (III) That there are no restrictions, legal or otherwise, which prevent the Licensor from entering this Agreement.  (IV) That this Agreement, and the Works, do not and will not infringe the intellectual property rights of any third party.  (b) The Licensor provides no warranties except for those set out in this Agreement or as otherwise required by law.  (c) This clause will survive the termination or expiration of this Agreement. 

(11) LICENSOR INDEMNITY  (a) The Licensor hereby indemnifies, keeps indemnified, and holds harmless the Licensee against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever which the Licensee or any directors, employees, officers, agents, representatives or contractors of the Licensee may incur, directly or indirectly, as a result of a breach one or more of the Licensor's Warranties.  (b) This clause will survive Termination, expiration or Completion of this Agreement. 

(12) LICENSEE WARRANTIES  (a) The Licensee hereby provides the following warranties (hereinafter the "Licensee's Warranties"):  (I) That the Licensee has the full legal authority and capacity to enter this Agreement.  (II) That the Licensee will only use the Works in accordance with the Licence granted under this Agreement.  (III) That:  The licensee agrees that all copies of the work will not be duplicated under any circumstances.  (b) This clause will survive Termination, expiration or Completion of this Agreement. 

(13) LICENSEE INDEMNITY  (a) The Licensee hereby indemnifies, keeps indemnified, and holds harmless the Licensor against any losses, liabilities, claims, damages, expenses, charges, fines, penalties or other costs whatsoever which the Licensor or any directors, employees, officers, agents, representatives or contractors of the Licensor may incur, directly or indirectly in relation to:  (I) the use, operation, storage, repair or maintenance of the Work; or

(II) any loss or damage to property in connection with the use, operation, storage, repair or maintenance of the Work; or

(III) any injury (or death) suffered by any person in connection with the use, operation, storage, repair or maintenance of the Work; or

(IV) any loss or destruction of the Work; or

(V) any damage to the Work; or

(VI) any breach of this Agreement by the Licensee or by any directors, employees, officers, agents, representatives or contractors of the Licensee; or

(VII) any breach by the Licensee or by any directors, employees, officers, agents, representatives or contractors of the Licensee, of any registration, licence, permit, authorisation, regulation, legislation, by-law, ordinance or rule relating to the use of the Work; or

(VIII) any claim made by a third party against the Licensor that is related in any way to the Licensee's use of the Work; or

(IX) any costs which the Licensor might incur in enforcing its rights under this Agreement, including the Licensor's legal costs on a full indemnity basis.  (b) The Licensee will not be liable under this clause for any loss, liability, claim, damages, expense, charge, fine, penalty or other cost which is caused by the Licensor's gross negligence, wilful misconduct or bad faith.

(c) This clause will survive Termination, expiration or Completion of this Agreement.                   

(15) WARRANTIES REGARDING COMPETITION  (a) Each Party hereby respectively warrants:  (I) That this Agreement does not relate to a contract, arrangement, or understanding, or a concerted practice for the purpose, or with the likely effect, of substantially lessening competition;  (II) That this Agreement does not relate to some kind of exclusive dealing between the parties, for the purpose, or with the effect or likely effect, of substantially lessening competition;  (III) That this Agreement does not relate to some kind of arrangement involving "price fixing", whereby competitors have agreed on pricing rather than competing against each other;  

(IV) That this Agreement does not relate to some kind of arrangement involving "output restrictions", whereby competitors have agreed to prevent, restrict, or limit the volume or type of particular goods or services available;  (V) That this Agreement does not relate to some kind of arrangement involving "market sharing", whereby competitors have agreed to divide or allocate customers, suppliers, or territories among themselves rather than allowing competitive market forces to work; and  (VI) That this Agreement does not relate to some kind of arrangement involving "bid rigging" or "collusive tendering", whereby competitors have agreed they will not compete genuinely with each other for tenders, allowing one of the competitors to 'win' the tender.  (b) This clause will survive Termination, expiration or Completion of this Agreement. 

(17) TRANSFER OF RIGHTS  (a) This Agreement shall be binding on any successors of the Parties.  (b) This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party without the prior written consent of the other Party.  (c) This clause will survive Termination, expiration or Completion of this Agreement     

1.0 DEFINITIONS 1.1 Our, ourselves, us, we – is in reference to Heart R8 Fitness and any affiliates, employees or associates, past, present and future.  1.2 The client, client, athlete, you, yours – is in reference you, the person accessing the website and agreeing to the terms and conditions.  1.3 Service, services, content, protocols, regime, plan – is in reference to all of the nutrition protocols, training protocols, nutrition and training protocol packages and the nutrition and/or training protocols provided as a part of a coaching membership.  1.4 Recommendations, advice – is in reference to suggested recommendations you receive from Heart R8 Fitness, verbally in person, via the phone, email, social media, the website or within the protocols. You understand that these are suggested recommendations, not fact and should be used as a guideline only.  

2.0 YOUR AGREEMENT  2.1 By accessing the website, inclusive of any and all webpage pages, information, text or images provided on the website and/or the use of the services, products, recommendations, provided within your protocols or through conversation (both verbally or digitally), you are deemed to have read and agreed to the terms and conditions. It is advised you review these terms and conditions carefully prior to accessing the website and/or completing any transaction.  2.2 You acknowledge that by breaching any of these terms and conditions that we may immediately terminate service, without refund and if needed, take appropriate legal action.  2.3 You acknowledge that we are entitled to suspend or terminate your use of the website or refuse to sell you products or services if at any time Heart R8 Fitness considers you have brought or possibly may bring the reputation of Heart R8 Fitness or any of our other athletes, employees or subcontractors into disrepute.  2.4 The headings used within these terms and conditions agreement are included for ease and convenience only and will not limit or effect these terms and conditions.  

3.0 ELIGIBILITY  3.1 By accessing the website, by signing the terms and conditions and/or by proceeding with the services of Heart R8 Fitness, you are agreeing to be personally bound by these terms and conditions. You represent and warrant that you are at least 18 years old, or the age of majority in your jurisdiction and that you are responsible for the accurate and truthful completion of all information.  3.2 In relation to minors – By accessing the website, signing the terms and conditions and/or clicking ‘I accept’ on behalf of a minor (minor must be no younger than 16 years old) you warrant that you are at least 18 years old, or the age of majority in your jurisdiction. You accept that by accepting on behalf of a minor you are the legal guardian for the minor and that it is your responsibility to inform the minor of, and for their compliance as a user of the website and/or any of the services or products provided by Heart R8 Fitness. You accept it is your responsibility to ensure all information provided by the minor is truthful, accurate and correct. Furthermore, you agree that will indemnify us in accordance with any losses or damage that Heart R8 Fitness suffers as a consequence of the minor failing to comply with these Terms and Conditions.  

3.3 Without limitation, the website is available only to individuals that can form legally binding contracts under Australian law.  

4.0 GENERAL CONDITIONS  4.1 We reserve the right to refuse service, products or access to the website to anyone for any reason at any time.  4.2 You agree to provide accurate and truthful information about yourself when completing any and all documentation provided to you by Heart R8 Fitness.  4.3 You will not impersonate any other person or entity.  4.4 You agree that you will not imply negative, defamatory or hurtful comments about the website, any of its content, the services or recommendations as well as Heart R8 Fitness’s individual representatives, athletes or employees.  4.5 You acknowledge you are solely responsible for any information you submit to Heart R8 Fitness or the website.  4.6 You agree to the collection, use and retention of your personal information given by you to Heart R8 Fitness. 

5.0 CONDITIONS OF USE  5.1 You agree that upon downloading, opening and/or saving any content from the website, content that has been provided to you by us or content that has been provided digitally as a result of a purchase from Heart R8 Fitness or the website, sent to your computer or device, that you do not receive any ownership rights to such content.  5.2 By downloading, opening and/or saving any content provided to you from Heart R8 Fitness you agree not to use the products, information and/or recommendations for any unlawful purpose.  5.3 You agree that the use of the website, products, recommendations and/or services offered by Heart R8 Fitness are for personal use only and not for any commercial or other use opposing these Terms and Conditions.  5.4 You understand that the purchase of any of the services and their subsequent recommendations are strictly for the use of the purchaser only.  5.5 You agree that once having received (physically or verbally), downloaded, opened and/or saved any content, products or recommendations from Heart R8 Fitness that you will not replicate, duplicate, copy, distribute, screen shot & forward, rent, lease, lend, share, transfer, sell, give away, post on any social media or forums, reproduce, distribute in person, publish, republish, print, upload to a third party or claim as your own, any part of the content provided.  5.6 You agree that once having received (physically or verbally), downloaded, opened and/or saved any content, products or recommendations from Heart R8 Fitness, that you will not modify, decompile, reverse engineer or obtain content from products or the website, nor will you make them available over any network where they could be used simultaneously by multiple devises at the same time.  5.7 You will not bypass or attempt to bypass any security mechanisms implemented within the website or email accounts.  

6.0 PAYMENTS  6.1 Single payments are managed by a third party payment gateway, Squareup or Bank Transfer. You accept it is your responsibility to view the Squareup's policies, procedures and terms and conditions before completing a transaction.  6.2 Coaching membership and nutrition membership payments are managed by a third party payment gateway, Squareup or Bank Transfer. You accept it is your responsibility to view the Squareup's policies, procedures and terms and conditions before completing a transaction.  6.2 With relation to coaching membership and nutrition membership clients, acceptance and continued access to our services is subject to payment first being made by you. This is your responsibility Failure to do so may result in the termination of services and credit/debt company referral.  6.3 Heart R8 Fitness is not able to access your credit card, nor any other financial details. You agree that we will not be held liable for any loss as a result of the use of this payment method unless caused by our own fraud or fraud of our employees.  6.4 All payments are GST inclusive  6.5 All payments are made in Australian Dollars.  6.6 You agreed to make all scheduled payments when attending relevant Consultation/ Sessions/ Check-ins.

7.0 RETURN’S, REFUNDS AND EXCHANGE POLICY  7.1 With relation to any and all digital services – You understand that as these products are digital, therefore they are deemed ‘used’ after download and/or opening. This unfortunately means we have a strictly no refund policy in regard to product misunderstanding and/or other reasonings for seeking a return. Please contact heartr8fitness@gmail.com for possible means of an alternate resolution.  7.2 With relation to products – You are entitled to a replacement or refund if the goods sold fail to be of acceptable quality within 14 days from the date of purchase. Please contact heartr8fitness@gmail.com. You accept that any additional fees are to be accounted for by you. Please choose carefully as we do not refund nor exchange products due to a change or mind.  7.3 You understand that additional sign-up fees, initial consult fees, missed appointment fees and notice of cancellation fees are non-cancellable, non-negotiable and non-refundable under any circumstances.  

8.0 WARRANTY  8.1 Subject to the rights granted to you as the consumer by the statutory consumer protection legislation, which cannot be excluded, due to the nature of the products, information, recommendations and/or services offered by the website and as we, Heart R8 Fitness makes no representations to you in respect to your use of the products, information, recommendations and/or services offered by the website or by Heart R8 Fitness, we provide no warranty as to any results or outcomes associated with use of the products, information, services or recommendations or recommendations nor by the website.  8.2 You acknowledge and take responsibility that your use of the website and all subsequent information, products, recommendations and services are solely at your own risk.  

9.0 RISK  9.1 Upon Purchase you will receive a receipt of full payment from you for the product and/or service, or when you receive the product and/or service, whichever it is that happens first.  9.2 You understand that loss of damage to the product will become your responsibility when we provide the product to a third party (postage) for delivery.  9.3 You acknowledge that Heart R8 Fitness provides no estimate of time of delivery. If your service is delivered by email and you state that you have not received an email containing your purchase, email heartr8fitness@gmail.com within 7 days of the purchase date, for ongoing investigation regarding your claim. 

10.0 MEDICAL DISCLAIMER  10.1 You agree that commencement of the use of the website, any of the services or products or implementation of any recommendations by Heart R8 Fitness should only be done so once you have obtained medical clearance from your self-nominated, medically qualified healthcare practitioner. Seeking medical clearance before commencement is your responsibility. Commencement without prior medical clearance is not recommended and is done so completely at your own risk. You should immediately seek medical assistance if there are any unanticipated changes to your physical condition at any time.  10.2 You understand that no information provided by Heart R8 Fitness is not in any way intended to be used, or interpreted to be used to treat, diagnose, cure, rehabilitate, solve or prevent any medical condition (Including mental health conditions), for any therapeutic purposes nor should it be taken, understood or interpreted as medical advice or assistance and is absolutely no means a substitute for professional medical advice.  10.3 You must consult a qualified medical professional if you have any, or as soon as you have any, questions or concerns regarding medical conditions or injuries.  10.4 You agree that you are responsible for making your own decisions regarding lifestyle changes including your ability to participate in exercise as per a regime and you are solely responsible for obtaining your own medical advice concerning this. Heart R8 Fitness is not responsible for any the exacerbation or onset of injuries, health problems or medical conditions that may or could potentially arise from your changes in lifestyle or participation in exercise.  10.5 The use of the website, its contents and commencement of any of Heart R8 Fitness’s services and/or application of advice is at your own risk.  

11.0 EXPRESS ASSUMPTION OF RISK  11.1 By agreeing to these terms and conditions you acknowledge and accept that there are significant risks associated in any and all aspects of lifestyle change, athletic activities and physical training.  11.2 You are responsible for assessing and assuming all possible risks related to training including risks that may be caused by your own acts or omissions, health conditions, those around you and risks that are not known to you or are not readily foreseeable at the time of participation.  11.3 Training participation is done so voluntarily and at your own risk. You acknowledge and understand that these risks include (but are not limited to) the following: physical or mental injury or death due to negligence on the part of yourself, your training partner, or of those around you, falls or the failure or improper use of equipment (as per your regime), which results in serious injury or death and sprains, tears or strains.  11.4 You are aware that all of the risks, inclusive of (but not limited to) the above-mentioned risks, and that they may result in serious injury or death to yourself.  11.5 You understand that your training regime may involve weightlifting, demanding bodyweight exercises or other high intensity exercises.  11.6 You understand that you are not obligated to perform in any exercise that you do not wish to do.  11.7 You understand that if you start to feel uneasy, light-headed, faint, dizzy, nauseated or experience pain or discomfort, you are immediately required to stop the exercise, inform someone around you for help and seek proper medical attention. If no one is around, you are to immediately contact 000.  11.8 You acknowledge if are at a gym after hours, you are required to wear the supplied duress alarms, as per your gyms policy and procedures.  11.9 You willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any physical or mental injury or death that may result from participation of any exercise implemented within the protocols.  11.10 We exclude all liability arising from or in connection to participation with any recreational activities or services 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.  

12.0 INFORMATION PROVIDED  12.1 All information provided by Heart R8 Fitness is to the best of the authors ability in an attempt to provide services. However due to the ever-changing nature, and continuous new research findings within the health and fitness industry, such information and numerical values are to be considered as estimates and guidelines only, not exact. Varying factors such as (but are not limited to) new findings in research, the product type, brand, natural fluctuations in fresh produce, the processing practices of ingredients and batches all can substantially change nutritional composition, therefore create variances in the nutritional information provided.  12.2 You acknowledge that whilst we attempt to review our products and all the content with which we provide, there is no warranty that the information within the website, products, services or application of recommendations is free from error.  12.3 You agree that to the extent permitted by law, we are do not make any representations or warranties that any of information that we provide is reliable, up to date, accurate or complete. Heart R8 Fitness makes no promises or guarantees of any specific results from use of this website, or information provided through services, products or recommendations. You acknowledge that the content can contain certain historical information, therefore may not be current.  12.4 We are not liable for any loss or damage, arising as a result of any action taken, the use of, or your reliance upon. any of the information, material recommendations, services or products obtained through the use of Heart R8 Fitness. It remains your responsibility to evaluate the accuracy, completeness and usefulness or such information and services prior to commencement.  12.5 We reserve the right to modify any of the information on this website, products or services at any time. However, we have no obligation to update the content or information on the website at anytime.  

12.6 You agree that any information provided on the website, within purchases made from the website, via phone, email or in person is an expression of the authors opinion, not fact and should be regarded only as general information. Such information should not be relied upon or used as the primary basis for making any decisions regarding yourself or your lifestyle.  12.7 None of the nutrition protocols available at present are formulated to suit the specific nutritional needs of pregnant or breastfeeding women and therefore should not be implemented. If you have recently stopped breastfeeding, it is recommended you see your healthcare professional prior to commencement.  12.8 You acknowledge that all the recommendations and services provided from us in an information service only and that you are solely responsible for (at your own discretion) following (or not following) any recommendation, training and/or nutritional protocol that may be provided as a part of the information service.  

13.0 MEDIA RELEASE  13.1 By accepting these terms and conditions you grant Heart R8 Fitness the rights and permission to use any photographs and/or video footage relevant to training, competition preparation or that illustrate your body transformations.  13.2 You authorise that Heart R8 Fitness can use the above-mentioned photographs and/or video footage for promotional, marketing, advertising, publicity purposes or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used now, and/or in the future, whether that use is known of unknown to you. Additionally, you also waive any right to royalties, or any form of other compensation arising from or related to the use of the image, international or otherwise.  

14.0 DISCLOSURE  14.1 You agree that we may disclose your personal information if required to by law to do so or if you do not adhere to the Terms and Conditions and/or your appropriate membership contact.  

15.0 MEMBERSHIP POLICY  15.1 With relation to coaching membership or nutrition membership, Heart R8 Fitness reserves the right to suspend or terminate your membership if at any point it is discovered you have provided incomplete, inaccurate or misleading personal information.  15.2 All clients will be provided access to all drives and databases. You agree this is intended for use solely by you and that sharing your account and/or services and/or recommendations as a result of your membership will resolve in the non-refundable termination of services, and consequential legal action where we deem necessary.  15.3 You understand that you must not disclose your account details to anyone or allow anyone to use your account. You are entirely responsible for any access.  15.4 You understand that you must notify Heart R8 Fitness immediately if there are any changes to your health or the onset of injury.  

16.0 CANCELLATION OF MEMBERSHIPS  16. 1 You must notify Heart R8 Fitness in writing, two weeks in advance of your intentions to cancel your membership heartr8fitness@gmail.com. You acknowledge that coaching membership services, including payments will be ceased upon the completion of the two-week notification of cancellation period and this must be done in writing. You understand that payments will continue to be debited during the two-week notification period and/or until the ‘signed cancellation of coaching membership document’ is returned to us. Please see your contracts for additional individual variances regarding cancellation.  

17.0 CREDIT/DEBT REPORTING AGENCIES  17.1 Due to failure by the customer regarding payment obligation, you, the customer. authorises notification to any debit collection/credit reporting agency regarding the failure to fulfil the payment obligation. Should this occur, at our discretion, we may terminate your contract (where applicable), at which the remainder of the minimum term of payments, including current arrears, will be due in full. You authorise Heart R8 Fitness to add an additional 25% the full outstanding debt balance, inclusive of any penalties, to offset any of our expense incurred in the collection of your debt and upon the referral to the debt collection/credit reporting agency.  

18.0 SECURITY OF INFORMATION  18.1 You acknowledge that when transmitted over the internet, no data can be guaranteed as totally secure. We endeavour to protect your information, however, we do not and cannot warrant the privacy or security of any information with which you provide to us, nor can we guarantee that our systems will, or can be free from third party interference. You understand any information you provide to us is provided at your own risk.  

19.0 OUR RIGHTS TO MODIFY SERVICE  19.1 You accept that Heart R8 Fitness reserves the right to amend and/or delete any information including but not limited to the website, prices, product offerings, information, services as we see fit and without prior notice.  19.2 You will be notified by the email with which you have provided to us as to any changes regarding the terms and conditions. You accept it is your responsibility to review all changes within the terms and conditions. If you do not agree with the changes, then you must email heartr8fitness@gmail.com

20.0 JURISDICTION 20.1 These Terms and Conditions are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.  

21.0 QUALITY OF THE WEBSITE  21.1 We do not guarantee that the website will be error-free or uninterrupted. We are unable to ensure that files and/or documents you open, save or download from the website or received in emails from Heart R8 Fitness will be free of viruses, contamination or destructive features, nor can we guarantee other internet-based communications such as via Facebook or Instagram.  21.2 Poor or slow internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view photos or videos on the website or download/open emails. You accept that this is of no fault of Heart R8 Fitness 

22.0 THIRD PARTY CONTENT  22.1 Heart R8 Fitness does not accept responsibility for any loss or damage of any kind, regardless of cause, including negligence, which may cause you to directly or indirectly suffer in accordance with or arising from the items, information or services including acts, omissions and conduct with any third party associated with the website, other athletes, advertisers or sponsors. We are not responsible nor liable for the services, items, advice, information, availability, actions or failure to act of any of the third parties referenced, associated or incorporated as apart of Heart R8 Fitness. We do not guarantee the quality, accuracy, advice or completeness of the content or services provided by a third party, we will not accept liability for loss or damage arising from the use of or your reliance upon any information or services obtained through a third party. You accept that it remains your responsibility to carefully review all the third parties’ policies, procedures and terms and conditions of service prior to the commencement of any transaction. Any complaints, claims, concerns or questions regarding third party content or products should be directed to the associated third party.  

23.0 LINKED WEBSITES  23.1 The website may reference and/or link to this party websites on the internet. Heart R8 Fitness has no control over these websites, or the content found within them. We cannot and do no, represent, guarantee or warrant that the content contained within such website is inoffensive, accurate, safe and/or legal. Additionally, we do not warrant that such websites will not contain viruses or otherwise impact your computer. You agree and understand that you will not make any form of claim against us for damages or losses, however they may arise as a result from your use of a link to access another website.  

24.0 LIMITATION OF LIABILITY  24.1 Subject to the rights granted to you as the consumer by the statutory consumer protection legislation, which cannot be excluded, in no event will we (including our employees and subcontractors) be liable to you for any injury, or incidental, undue damage whatsoever, including damages for loss of income, any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect to you, suffered or incurred by you and arising out of or in connection to the use of the website, products or services or your reliance of any of the information, use of the services or recommendations provided by us or any linked website regardless if liability is based on any breach of the contract, including negligence, or warranty arises except to the extent such limitation or exclusion of liability is not permitted by law.  

25.0 INDEMNITY 25.1 You agree to indemnify us, including our employees or subcontractors to the full extent required from any and all third party claims, liabilities, damages, expenses and costs, inclusive of all legal fees incurred on a solicitor/client basis, that may be suffered or incurred by us as a result of your improper or illegal use of the website and/or services and/or your facilitation or support of a third party causing damage to us from your breach of any of the term and conditions.  25.2 You agree to indemnify us in full for any losses, claims, abilities, expenses or costs (‘losses’) incurred by v which you may cause or contribute (indirectly) to such loss.  25.3 You agree to indemnify us for any claim, liability, expenses and/or costs rising from any injury or health problems that could or may arise from your participation in any of the Heart R8 Fitness services or recommendations. You acknowledge that commencement of these services and/or recommendations is completely at your own risk.  

26.0 BREACH OF CONTRACT  26.1 Both yourself, the customer and Heart R8 Fitness each hold rights of termination for a material breach of any term or condition of the contract. The contract will be terminated upon receipt in writing outlining the details of the relevant breach.  

27.0 WAIVER 27.1 Any delay in or failure 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 prevent or impact our entitlement to exercise that power or right at a later date.  

28.0 FEEDBACK AND OTHER SUBMISSIONS  28.1 You agree that we may, at any given time without restriction, edit, copy, publish, distribute, translate or use otherwise any suggestions made by you to us regarding business improvement, proposals, ideas, designed, plans or other materials, made online, verbally, or otherwise ( including social media comments).