This website www.fitandfirmpt.com.au (Website) is owned and operated by Jennifer Matthews of Fit and Firm Personal Training.

The function of the website is to:

(1)    offer a range of general health and fitness information;
(2)    deliver personalised health, fitness and exercise services (Personal Training, Bring A Friend Training and Group Training);  and
(3)    make available goods for purchase (Products).

1. Your access and use of the Website, including the purchase of any goods or services through the Website, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”).

2. Fit and Firm Personal Training reserves the right to amend the Terms and Conditions at any time. Changes to the Terms and Conditions will be posted on this page. You should visit this page periodically to review the Terms and Conditions. If you do not agree to the change you should stop accessing the Website and the Service and cancel your account in accordance with clause 11.1 below. If you continue to use your Account, or fail to cancel your account within 30 days of receiving the change notification, we will assume you agree to the change.

3. Your use and/or continued access to the Website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments.  Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Website. 

4. By using the Website and purchasing one of our services, you acknowledge that you have been cleared by a doctor to perform these exercises and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to you health, safety, comfort or physical condition.

1. When you register for a Red Membership, you need to create an account. You must not assign, transfer or otherwise deal with your Account without our consent. 

2. You agree that you are responsible for keeping your password confidential and secure, and you must not disclose them to anyone else or allow anyone else to use your Account.  You acknowledge that you are solely responsible and liable for any misuse that occurs under your Account through third parties using your Account.

3. If you are under 18 years of age, you must obtain your parent or guardian’s consent before you create an Account and must ensure that your parent or guardian agrees to this User Agreement. 

4. You warrant to us that all personal information you provide at registration of the Account is true, complete and accurate. 

5. You must ensure your registration details are up-to-date.

6. You agree that your account will be manually updated when you proceed to the next membership level and that you will not attempt to purchase through somebody else's account that has a higher membership. If we find out that this condition is not met, your membership may be terminated and any payments made will be forfeited.
    

1. You acknowledge that the content of this Website, including all information, data, text, graphics, images, video, audio, software, code, advertisements and other material (Material), is the subject of intellectual property and legal rights (including third party rights).  You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

2. The content of the Website is protected by Australian and international copyright law. Unauthorised use of the Material may violate these laws.

3. Other than as expressly permitted by law or these Terms and Conditions, no part of the Material may, without the specific prior written consent of Fit and Firm Personal Trainer or its affiliates, be directly or indirectly:
   (1)    used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
   (2)    performed in public;
   (3)    incorporated into any other web site or used for any commercial purpose;
   (4)    stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
   (5)    used in any manner or for any purpose which is unlawful; or
   (6)    used in any manner which violates any right of Fit and Firm Personal Training (or an affiliate of Fit and Firm Personal Training) or which is prohibited by Fit and Firm Personal Training.

4. Some of the copyright in the Material of the website may be included on the Website under a licence from third parties. Any permission to use, copy or reproduce that Material (other than in the course of viewing this Website) must be obtained from the copyright owner. 

5. All names, logos and trademarks (both registered and unregistered) identifying Fit and Firm Personal Training are the property of Fit and Firm Personal Training.   Nothing contained on this Website or in connection with our services should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of Fit and Firm Personal Training.

6. You grant Fit and Firm Personal Training a non-exclusive, transferable, royalty-free, worldwide licence to use any content posted by you on this Website for any purpose, including, but not limited to, promoting or advertising this Website, our Services or the Products.
    

1. You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Fit or Firm Personal Training, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
   (1)    disrupt, interfere with, reverse engineer or compromise the security of the Website or any servers, software, hardware or equipment connected to or used to host or provide the Website;
   (2)    restrict, inhibit or interfere with any other user’s use or enjoyment of the Website;
   (3)    distribute, post or transmit any Material of any kind which:
   (a)    is obscene, indecent, inflammatory or pornographic;
   (b)    defames, harasses, threatens, menaces or offends any person;
   (c)    infringes the intellectual property rights or other rights of any person;
   (d)    is misleading, deceptive or false; or
   (e)    contains a virus, trojan, spyware, or other harmful or malicious code or component;
   (4)    make fraudulent, misleading or speculative enquiries, purchases, orders or requests through the Website (including creating accounts or submitting orders by automated means);  
   (5)    violate any Applicable Law relating to your use of or access to the Website.

2. In these Terms and Conditions, “Applicable Law” means the following applicable to a person, action or thing:
   (1)    any law, rule or regulation of any country (or political sub-division of a country);
   (2)    any obligation under any licence or permit in any country (or political sub-division of a country);
   (3)    any lawful and binding code, standard, determination, order, ruling, decision or direction of a regulator or governmental agency or authority in any country (or political sub-division of a country).

3. You indemnify Fit and Firm Personal Training against any losses, liabilities, costs or other expenses incurred by Fit and Firm Personal Training in connection with, or arising directly or indirectly as a result of, your use of or access to the Website or any breach or violation of the Terms and Conditions.
    

1. Certain components or features of the Website may include materials from third parties and/or hyperlinks to other web sites or resources (Third Party Materials). You acknowledge and agree that Fit and Firm Personal Training is not responsible for the availability of such Third Party Materials, does not endorse or warrant the accuracy of any such Third Party Materials, and shall in no way be liable or responsible for any Third Party Materials, including advertising, products or materials on or available from them. You further acknowledge and agree that Fit and Firm Personal Training shall not be responsible or liable in any way for any loss or damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Materials, and advertising or products on or available from them.

1. During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer.

1. Any information provided on Website including information in relation to the Services or Products (including the  prices for our Services or Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of our Services and Products, which may change from time to time.

2. By placing an order using the Website, you are offering to purchase our Services or a Product at the price specified in the website (plus any delivery charges or other applicable charges payable by you).  Fit and Firm Personal Training will accept your offer only after confirmation of full payment for the Product in which case a contract for the purchase of the Services or Products incorporating these terms and conditions (as applicable) and the payment notification comes into force.

3. At any time, Fit and Firm Personal Training may, in its absolute discretion, reject or cancel any Order it receives for any reason, including the unavailability of Services or Products, an error in the price or the description of the Services or Products on the Site, or an error in an Order placed by you.  In such case, Fit and Firm Personal Training may refund you for any amounts that you have paid for the cancelled Order.

4. All prices for the Online Services and Products are detailed in the Website, and are payable in, Australian dollars and include GST where applicable.

5. Fit and Firm Personal Training reserves the right to vary the prices without prior notice.

6. Product prices shown on the Website exclude shipping and handling fees. You will be advised of any shipping and handling fees on the online order form when completing your online purchase.

7. All payments must be made through the PayPal mechanism available on the Website.

8. All purchases and payments must be paid for in full and cleared before Fit and Firm Personal Training will deliver the Services or the Product to you.

9. Once you have booked in and paid for a service, your fees are non-refundable. If for whatever reason you are not satisfied and we at Fit and Firm Personal Training believe it is warranted, we may agree to give you a replacement session.

10. If you book in for one of our group classes but do not show up and do not notify us of this there will be a 10% surcharge on the next session you go to.

11. At Fit and Firm Personal Training we do not tolerate no-shows. It is an inconvenience for us and takes away time we could be spending on other clients. Therefore, we give you one chance for not showing up and after that you will be penalised. If you book in for a Personal Training Session and do not show up or notify us within 48 hours of the session, one of the following may happen:

    (1)You will be invoiced for 100% of the session or else it will be added to the next sessions price - if you are paying just prior to the session;

    (2)If you have purchased a pack, you will forfeit one of those sessions; and

    (3)If you are on an instalment plan, you will not be eligible to partake in another session until the one you missed has been paid for.

     

12. At Fit and Firm Personal Training we do not tolerate lateness. If you are late, time will be docked from your paid session which means that you will miss out on a full session. If I, as the trainer am late for our session, we may choose to grant you a free session for inconveniencing you.

13. If you would like to cancel your session, you must do so within 48 hours so that other people may be booked in. In the case of an absolute emergency, we may waiver this condition.

14. To the extent permitted by law, we do not offer refunds on Products. We may offer you a repair or exchange if you purchase a Product through the Website and:
    (1)    the Product is damaged or faulty through no fault of your own;
    (2)    the Product has been supplied incorrectly; or
    (3)    the Products vary from their description on the Website (or any sample provided).

15. Please contact  support@fitandfirmpt.com.au This e-mail address is being protected from spambots. I will aim to get back to you within 24 hours and advise you as to how you can return the item.

1. By using the Website you consent to us collecting your personal information for the purposes of administering the Website and marketing the Website to you, including by direct marketing techniques.  We may disclose your personal information to third parties including those involved in the administration of the Website and relevant authorities.  If you do not provide the required personal information to us, you cannot use the Website.  You can access and correct personal information by logging into your membership area.

1. The Trade Practices Act 1974 (Cth) and other laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (Prescribed Terms).  Except as provided by the Prescribed Terms, or as expressly provided in the Terms and Conditions:
   (1)    this Website and all Materials are provided on an “as is” basis without any warranties of any kind;
   (2)    all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
   (3)    Fit and Firm Personal Training, its directors, employees and distributors, do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that this Website and its servers are free of computer viruses, trojans, spyware and other harmful data, code, components or other material;
   (4)    Fit and Firm Personal Training, its directors, employees and distributors, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that they will give notice of such use, modification or alteration;
   (5)    Fit and Firm Personal Training, its directors, employees and distributors, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Material. The use of the Website and the Material is at your own risk.  Changes are periodically made to the Website and may be made at any time; and
   (6)    If your use of the Website or the Material results in the need for servicing or replacing equipment or data, Fit and Firm Personal Training, its directors, employees and distributors are not responsible for those costs.

2. If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 9.1 but allows limitations of a certain maximum extent then we limit our warranties to that extent.

1. To the extent permitted by law, except as provided by the Prescribed Terms or expressly in the Terms and Conditions, Fit and Firm Personal Training, its directors, employees, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential and/or punitive loss or damage, including loss of profits, revenue, expectation, business, savings, unavailability of systems or loss of data, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with any use or access of, or any inability to use or access, the Website or any Material, any order of Products or the Terms and Conditions.

2. To the extent permitted by law Fit and Firm Personal Training’s liability, and that of any of the parties mentioned in subclause 10.1 , under any Prescribed Terms is limited at the option of Fit and Firm Personal Training to the following:
   (1)    In the case of services:
   (a)    The supply of the services again; or
   (b)    The payment of the cost of having services supplied again; and
   (2)    In the case of goods:
   (a)    The replacement of the goods or the supply of equivalent goods;
   (b)    The repair of such goods;
   (c)    The payment of the cost of replacing the goods or acquiring equivalent goods; or
   (d)    The payment of the cost of having the goods repaired.

3.  If a jurisdiction does not allow the exclusion or limitation of liability in accordance with clauses 10.1 or 10.2 but allows a limitation of a certain maximum extent then liability is limited to that extent.

1. You may cancel your Account and/or stop using the Wesbite at any time. To cancel your Account, you should email support@fitandfirmpt.com.au This e-mail address is being protected from spambots.  

2. Fit and Firm Personal Training may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to our Services. Cause for such termination includes, but is not limited to:
   (1)    violations of the Terms and Conditions;
   (2)    a request by you to cancel or terminate your Account;
   (3)    a request and/or order from law enforcement, a judicial body, or other government agency;
   (4)    unexpected technical or security issues or problems; or
   (5)    your participation in fraudulent, illegal or offensive activities.

3. Any termination or suspension may be made by Fit and Firm Personal Training in its sole discretion, and Fit and Firm Personal Training will not be responsible to you or any third party for any loss or damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.

4. Upon cancellation of your Fit and Firm Personal Training you will lose all access to your Account.
    

1. Our obligations under the Terms and Conditions are suspended during the time and to the extent that we are prevented from complying with them by any circumstances beyond our reasonable control.

2. You may not assign or deal with the Terms and Conditions or an Order.

3. The Terms and Conditions and each Order (if applicable) constitute the entire agreement between you and us.

4. If any provision of the Terms and Conditions or an Order is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions or the Order, which will continue in full force and effect.  All rights not expressly granted are reserved.

5. The Terms and Conditions and each Order are governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, Australia.