Terms & Conditions

POLITIQUE DE TRAITEMENT DES DONNÉES DE LA SOCIETE Fitnesslogik

A jour au 14 août 2021

La politique de traitement des données à caractère personnel de la société Fitnesslogik, société par actions simplifiées, enregistrée au RCS de Paris sous le numéro SIRET 90177122000018, Code Naf 8559A, dont le siège social est sis 50, rue de la Goutte d’or à Paris (75018), est définie dans le présent document.

La société Fitnesslogik agit en qualité de responsable des traitements listés ci-dessous.

Personnes concernées :

Si vous avez souscrit aux services proposés par la société Fitnesslogik, si vous avez interagi avec elle, si vous avez rempli le formulaire sur https://bayesian.fr, ou si vous lui avez adressé directement des données, vous êtes concernés par la présente politique de traitement des données. Si vous êtes employés, membres, collaborateurs, sous toute forme, d’une structure qui a souscrit auxdits services ou interagi avec Fitnesslogik, vous êtes également concernés.

Les données traitées :

La société Fitnesslogik collecte et traite les données à caractère personnel suivantes : nom, prénom, coordonnées (adresse postale et électronique), URL du compte Facebook, copie d'une pièce d'identité. Les données à caractère personnel contenues dans les avis et critiques publiés en ligne relatif à la société Fitnesslogik font également l’objet de traitements.

Les finalités des traitements réalisés :

La Société informe les Utilisateurs du site https://bayesian.fr que ce site est destiné à permettre l'inscription à une Formation de coaching en ligne et à en assurer le suivi administratif et pédagogique dès le stade de l'inscription.

Vos données à caractère personnel sont traitées (i) pour la bonne exécution des obligations contractuelles de la société Fitnesslogik, (ii) à des fins de contact et d’identification, de préinscription et d'inscription, de facturation, (iii) pour le suivi administratif et pédagogique des stagiaires inscrits (envoi des diplômes, gestion du parcours de formation, gestion des paiements, communication des informations pratiques, réponse aux questions), ainsi (iv) qu’à des fins statistiques. Les données sont également traitées dans le cadre des newsletters et emails périodiques adressés. Les avis et critiques sont traités à des fins de référence commerciale.

Le stockage des données :

Ces données sont stockées par la société Fitnesslogik et ses éventuels sous-traitants et partenaires, sur le territoire de l’Espace Economique Européen et aux Etats-Unis. Tout transfert de données en dehors du territoire de l’Espace Economique Européen est réalisé conformément au mécanisme de clauses contractuelles types, adopté par la Commission européenne par décision 2010/87/UE du 5 février 2010, qui assurent un haut niveau de sécurité de vos données. En aucun cas nos partenaires stockant vos données ne pourront y accéder ou les utiliser d'une quelconque manière.

Sauf maintien des relations, ces données seront intégralement effacées dans un délai de dix (10) années à compter de la fin des relations avec la société Fitnesslogik.

Vos droits :

Conformément au règlement de l'Union Européenne n° 2016/679 , dit Règlement général sur la protection des données (RGPD), et la loi n°78-17 du 6 janvier 1978 modifiée dite « Informatique et Libertés », vous pouvez accéder librement aux données traitées par la société Fitnesslogik, ou solliciter la communication, la rectification, l’effacement d’une partie ou de l’intégralité de celles-ci ; vous pouvez également contrôler quel traitement autoriser ou interdire et vous opposer à tout traitement automatisé de vos données. Seules continuerons à être traitées les données dont le traitement est nécessaire à l’exécution des engagements contractuelles de la société Fitnesslogik. Vous pouvez également retirer votre consentement à un traitement après l’avoir donné.

Pour faire usage de vos droits, vous pouvez écrire à l’adresse électronique : [email protected], en précisant dans l’objet du courrier « Droit des personnes » et en joignant la copie de son justificatif d’identité.

Si vous êtes insatisfait par les réponses apportées relativement aux traitements de vos données, vous pouvez vous adresser à la Commission Nationale de l’Informatiques et des Libertés (CNIL), 3 Place de Fontenoy – 75007 Paris ou à toute autre juridiction compétente.

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

There may be risks associated with participating in activities provided by FitnessLogik for people in poor health or with pre-existing physical or mental health conditions. Understand there are inherent risks in participating in a program of strenuous exercise. FitnessLogik recommends you consult your doctor before starting any exercise program. FitnessLogik shall not be liable or responsible for any injuries resulted from participation in the fitness program (whether at home, at the training studio, outdoors, or at a corporate, commercial, residential or other fitness facility) and expressly release and discharge FitnessLogik its owners, employees, contractors, agents and/or assigns, from all claims, actions, judgments and the like which you or your heirs, executors, administrators or assigns may have or claim to have as a result of any injury or other damage which may occur in connection with participation in the fitness program, excepting only an injury caused by the gross negligence or intentional act of such person or persons. This Release shall be binding upon your heirs, executors, administrators and assigns. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and FitnessLogik is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that FitnessLogik - like any other exercise program, does involve a risk of injury. If you choose to participate and follow any exercise guide provided by FitnessLogik, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now. FitnessLogik is not a medical professional. The advice whether it be on this website, in meal plans, exercise programs or via online coaching, none of it is meant as a substitute for medical advice. You must consult your doctor before beginning any meal plan or exercise program, no exceptions. You are using FitnessLogik plans, programs, workouts and coaching which have been purchased through FitnessLogik or any of its domains, at your own risk and FitnessLogik is not responsible for any injuries or health problems you may experience or even death as a result of using FitnessLogik services.

FitnessLogik is NOT a licensed dietician, nutritionist. The diet tips provided by FitnessLogik are not and will not be reviewed or approved by any nutritionist. You completely acknowledge that you are simply receiving advice/guidance is your choice to adhere to the provided advice/guidance. You understand that FitnessLogik its owners, employees, contractors, agents and/or assigns, are NOT a certified nutritionist or dietician. Although, may become one in the future. All the nutritional advice is based on personal achievements and understanding through personal experience.

As stated above, FitnessLogik is not a medical professional or nutritionist. You must consult your doctor before beginning any nutritional or exercise program. It has been made clear that FitnessLogik is not responsible for any injuries or health problems you may experience or even death as a result of using any services provided. FitnessLogik does not provide refunds for services.

FitnessLogik photographs many of their client’s events/sessions and you provide written approval for them to use these pictures for promotional purposes.

GENERALLY EXPECTED RESULTS FROM FitnessLogik

Although the products and services provided by FitnessLogik are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the products and services from FitnessLogik correctly you should see great results, however it must be disclaimed that even when consumers implement any products or services in full from FitnessLogik it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind. Although the risk of lack of results can reasonably be expected to be low for any individual that fully applies the nutrition and exercise guides provided by FitnessLogik.

INTELLECTUAL PROPERTY

All plans, programs, workouts, coaching, digital products, eBooks, PDF downloads, resource material, videos and online content are owned as intellectual property by FitnessLogik. All plans, programs, workouts, coaching, digital products, eBooks, PDF downloads, resource material, videos and online content are subject to copyright protection. Each plans, programs, workouts, coaching, digital products, eBooks, PDF downloads, resource material, videos and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. Fines may apply to person/s found to be infringing copyright policy. In some cases, FitnessLogik may encrypt, force password and/or stamp license details(including customer name, address etc) on its digital products to ensure additional safety. The information and other material available from FitnessLogik come from a number of sources including the personal experiences of FitnessLogik, its owners, employees, contractors, agents and/or assigns, who have given permission for use of their material, and material copied under statutory licenses. Accordingly the information and material provided by FitnessLogik is copyright. Therefore no part product purchased from FitnessLogik may in any form or by any electronic, mechanical, photocopying, recording, or any other means be reproduced, stored in a retrieval system or be broadcast, sold or transmitted without the prior permission of the publisher, FitnessLogik.

LIMITATION OF LIABILITY

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 except to the extent such limitation or exclusion of liability is not permitted by law.

In consideration of FitnessLogik agreeing to accept me as a Participant, hereby acknowledge and agree that, to the extent permitted by law: I acknowledge that the activity I am to undertake is potentially a dangerous activity and that I accept the risks, which participating in such activity exposes me to. I declare that I am physically and mentally fit to proceed with the intense routine of exercise. I acknowledge and understand that whilst participating in the activity I may be injured, physically and mentally, and potentially fatal accidents can occur. I acknowledge and understand that any minor/child who is under my care and/or supervision that attends an activity with me may be injured, physically and mentally, which may result in fatal injury. I acknowledge and understand that there may be theft, loss, damage or injury to my personal property. If I am injured there may be no or inadequate facilities for treatment or transport. I assume the sole risk and responsibility for any injury, death, or property damage resulting from my participation in the activity. FitnessLogik accepts no responsibility for any loss, damage, injury or death caused to me or my personal property due to conditions beyond their control. Including, but not limited to; exercise equipment. I hereby waive all claims (whether legal or otherwise), release, indemnify and shall keep indemnified FitnessLogik (including, but not limited to, its owners, instructors, employees, officers, servants or agents) with respect to any Liability, theft, damage, loss, or injury, to myself or my personal property, arising out of or in connection with my participation in any activity or exercise program, or use of facilities associated with any activity or exercise program. "Liability" means liability for death, personal injury (physical and mental), personal property, and otherwise (whether actual, contingent or prospective), losses, damages, costs, expenses and fees of any description (including liability arising as a result of FitnessLogik negligence, omission, breach of contract or otherwise). I accept the terms and conditions set out above following careful consideration of their scope and intent. I acknowledge that I have had a reasonable opportunity to read and understand this Pre-Exercise Questionnaire. I accept the exclusions of liability contained herein and have sought direction and clarification from FitnessLogik (where necessary). I have taken independent legal advice or have been given the opportunity to take legal advice as to the nature, effect and extent of this document in order to exercise a considered choice in accepting these terms and conditions. The information contained in this form is true and accurate to the best of my knowledge.

By providing the initial and date below you are effectively providing your signature, I recognize that FitnessLogik is not able to provide me with medical advice with regard to my fitness, and that this information is used as a guideline to the limitations of my ability to exercise. I have answered questions to the best of my ability and understand the advice above. I ACCEPT THE T'S & C'S OF FitnessLogik.

FitnessLogik photographs many of their client’s events/sessions and you provide written approval for them to use these pictures for promotional purposes.

GENERALLY EXPECTED RESULTS FROM FitnessLogik

INTELLECTUAL PROPERTY

LIMITATION OF LIABILITY

I declare that am physically and mentally fit to proceed with the intense routine of exercise. I acknowledge and understand that whilst participating in the activity I may be injured, physically and mentally, and potentially fatal accidents can occur. I acknowledge and understand that any minor/child who is under my care and/or supervision that attends at an activity with me may be injured, physically and mentally, which may result in fatal cause.

I acknowledge and understand that there may be theft, loss, damage or injury to my personal property. If I am injured there may be no or inadequate facilities for treatment or transport. I assume the sole risk and responsibility for any injury, death, or property damage resulting from my participation in the activity.

FitnessLogik accepts no responsibility for any loss, damage, injury or death caused to me or my personal property due to conditions beyond their control. Including, but not limited to; exercise equipment. I hereby waive all claims (whether legal or otherwise), release, indemnify and shall keep indemnified FitnessLogik (including, but not limited to, its owners, instructors, employees, officers, servants or agents) with respect to any Liability, theft, damage, loss, or injury, to myself or my personal property, arising out of or in connection with my participation in any activity or exercise program, or use of facilities associated with any activity or exercise program. "Liability" means liability for death, personal injury (physical and mental), personal property, and otherwise (whether actual, contingent or prospective), losses, damages, costs, expenses and fees of any description (including liability arising as a result of FitnessLogik negligence, omission, breach of contract or otherwise). I accept the terms and conditions set out above following careful consideration of their scope and intent.

I acknowledge that I have had a reasonable opportunity to read and understand this Pre-Exercise Questionnaire. I accept the exclusions of liability contained herein and have sought direction and clarification from FitnessLogik (where necessary).

I have taken independent legal advice or have been given the opportunity to take legal advice as to the nature, effect and extent of this document in order to exercise a considered choice in accepting these terms and conditions. The information contained in this form is true and accurate to the best of my knowledge.

FitnessLogik Terms & Conditions

1.0 DEFINITIONS

1.1 Our, ourselves, us, we - is in reference to FitnessLogik 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 or competition preparation coaching membership.

1.4 Recommendations, advice - is in reference to suggested recommendations you receive from FitnessLogik, 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 FitnessLogik considers you have brought or possibly may bring the reputation of FitnessLogik or any of our other athletes, employees or subcontractors into disrepute.

2.4 The headings used within this 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 clicking ‘I accept’, 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 then 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 FitnessLogik. 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 to any losses or damage that FitnessLogik 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 FitnessLogik.

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 FitnessLogik’s individual representatives, athletes or employees.

4.5 You acknowledge you are solely responsible for any information your submit to FitnessLogik or the website.

4.6 You agree to the collection, use and retention of your personal information given by you to FitnessLogik.

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 FitnessLogik 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 FitnessLogik, 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 FitnessLogik 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 there 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 FitnessLogik, 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 FitnessLogik, 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 by pass 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, Pay Pal. (www.paypal.com). You accept it is your responsibility to view the Pay Pal policies, procedures and terms and conditions before completing a transaction.

6.2 Coaching membership and competition preparation membership payments are managed by a third party payment gateway, Ezi debit or debit success (www.debitsucess.com- www.ezidebit.com). You accept it is your responsibility to view the debit success and ezi debit policies, procedures and terms and conditions before completing a transaction.

6.2 With relation to coaching membership and competition preparation 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 FitnessLogik 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.

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 regards to product misunderstanding and/or other reasonings for seeking a return. Please contact [email protected] 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 [email protected] 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, FitnessLogik make no representations to you in respect to your use of the products, information, recommendations and/or services offered by the website or by FitnessLogik, 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 FitnessLogik 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 [email protected] 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 FitnessLogik 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 FitnessLogik is in anyway 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. FitnessLogik 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 FitnessLogik 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 condition’s, 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 FitnessLogik 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 have the ability to 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 not do not make any representations or warranties that any of information that we provide is reliable, up to date, accurate or complete. FitnessLogik makes no promises or guarantees of any specific result’s 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 FitnessLogik. 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 apart of the information service.

13.0 MODEL RELEASE

13.1 By accepting these terms and conditions you grant FitnessLogik 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 FitnessLogik 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 competition preparation membership athletes, FitnessLogik 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 membership clients will be provided with a password and username. 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 to your account by means of the password.

15.4 You understand that you must notify FitnessLogik immediately if there are any changes to your health or the onset of injury.

16.0 CANCELLATION OF MEMBERSHIPS

1 You must notify FitnessLogik in writing, two weeks in advance of your intentions to cancel your membership [email protected]. You will receive a ‘cancellation of coaching membership’ document upon us receiving you cancellation request. You acknowledge that coaching membership services, including payments will be ceased upon the completion of the two week notification of cancellation period and return of the signed ‘cancellation of coaching membership’ document. 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 FitnessLogik 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 FitnessLogik 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 [email protected].

20.0 JURISDICTION

20.1 These Terms and Conditions are governed by the laws of Queensland, 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 FitnessLogik 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 FitnessLogik.

22.0 THIRD PARTY CONTENT

22.1 FitnessLogik 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 FitnessLogik. 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 any and all of 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. FitnessLogik 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 FitnessLogik 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 FitnessLogik Pty Ltd 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 FitnessLogik 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).

GENERALLY EXPECTED RESULTS FROM FitnessLogik

INTELLECTUAL PROPERTY

LIMITATION OF LIABILITY

GENERALLY EXPECTED RESULTS FROM FitnessLogik

INTELLECTUAL PROPERTY

LIMITATION OF LIABILITY

FitnessLogik Terms & Conditions

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