Michael Brunelli ABN 94 612 364 583 T/A Tru Fit by Michael
Through our website http://www.trufitbymichael.com.au/ we provide you with information regarding our company and its Services.
2. Meaning of words
● notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions; and
● Programs means any fitness or other guidance plans provided by us from time to time including as part of the Services;
● Program Fees means the fees payable by you to us for the Programs, as set out in each Program;
● Services means our products and services supplied via the website, as amended from time to time;
● we, us and our refer to Michael Brunelli ABN 94 612 364 583 T/A Tru Fit by Michael;
● website refers website to http://www.trufitbymichael.com.au/ and any variation or tailored version of the website created for your use;
● you refers to you the user of our website or Services; and
● the singular includes the plural and vice versa.
3. Licence to use and Program Fees
a) We grant you a non-exclusive licence to use our website only for the purpose of accessing the information, Services and Programs available from our website and using the provided contact details or online form;
c) You agree and acknowledge that we reserve the right to vary the Program Fees at any time. If we increase the Program Fees for any reason, we will use reasonable endeavours to provide you with notice of the change to the Program Fees. Any changes to the Program Fees take immediate effect from the date of the publication;
d) All payments made in the course of your use of the Services and the Programs must be made only by using credit card or PayPal. In using the website, the Services, the Programs or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the credit card or Visa or PayPal terms and conditions which are available on their website; and
e) You acknowledge and agree that where a request for the payment of the Program Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Program Fees.
4. Using our website and Services
By using our website, the Services and the Programs you understand, confirm, acknowledge and agree that:
a) the data and information in the website is provided to you in good faith for informational purposes only. It is not intended for any other purposes;
b) we do not endorse the services, products or offering of any individual, firm or company that may be referred or introduced to you by us via the website;
c) the posting of any content does not constitute any offer or supply of goods, products or services by us to you;
d) we do not make any representations or warranties in relation to the website content and in particular as to whether it is reliable, accurate, up to date or complete;
e) we do not warrant that the website will be uninterrupted, timely, secure, or error-free;
f) if you use a link to our website, you will include on your own website any disclaimer, notices or pop up pages that we may require in order to advise users that they are being redirected to our website;
g) you must use the website, Services and Programs in a skillful and proper manner and only for the purpose and within the capacity for which it was intended;
h) the website, Services and Programs purport to potentially dangerous activities and by using and participating in the website, Services and Programs you are exposed to risks including but not limited to the following:
(i) You may be injured, physically or mentally, or may die;
(ii) Your personal property may be lost or damaged;
(iii) Other persons participating in the Services or Programs may cause you injury or may damage your property;
(iv) You may cause injury to other persons or damage their property;
(v) The condition in which you use the Services or Programs may vary without warning;
(vii) There may be no or inadequate facilities for treatment or transport if you are injured.
i) you use the website, Services and Programs at your own risk and responsibility, and hereby release us from any loss or claim that may arise out of your use of the Services or participation in the Programs, including any loss or claim arising out of any risk described in clause 4(h) above;
j) you must attain permission from a physician to use the Services or alternatively, that you have decided to use the Services without the approval of a physician and assume all responsibility for the utilization of the Services; and
k) the Programs may contain dietary or other information prepared by a suitably qualified professional. Nonetheless, to the maximum extent permissible by law, we do not guarantee the accuracy, efficacy or safety of dietary or other information provided as part of any Program during the course of our provision of the Services. You agree to take all reasonable steps to verify such information, at your own cost, seeking medical and dietary advice where necessary.
5. Limitation of liability
a) To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:
(i) information published, displayed or available on our website;
(ii) your use of our website, Services or Programs;
(iii) any action taken, failure to act, decision made or reliance by you on the basis of the website content and the data and information in the website;
(iv) any modification, suspension or discontinuance of our website, products or Services;
(v) any errors or delays in the website content, or for any actions you or third parties may take in reliance on it; or
(vi) your use of any services, products or offering provided by any individual, firm or company referred by us to you via the website.
This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise;
b) In the event the you suffer any loss or damage howsoever arising as a result of the Services or Programs not being fit for you, then the you agree that our at our sole discretion, our liability is limited to providing the Services again and that our liability does not include economic or consequential damages of any nature; and
c) We disclaim all and any warranties, not required by law, whether express or implied including but not limited to warranties as to suitability or effectiveness of the Services or Programs for any particular person.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
a) any content you submit, post, transmit or make available through the website;
b) your use of the website, Services or Programs;
c) injury to persons, or damage to property arising out of the use of the website, Services or Programs by whomever; or
7. Website security
We do not guarantee that information transmitted over the internet is totally secure. Therefore, when you send us information you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.
Your use of our website is at your own risk. We do not guarantee that our website is free from viruses, or that access to our website or services will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.
8. Information about you & your privacy
9. Collecting information & cookies
When you use our website, we may collect personal information about you. Ordinarily, we tell you the purposes for which we collect that information when it is collected.
As a general rule, we only collect such information which is necessary for us to provide a product or service to you or to maintain our relationship with you.
The information we collect about you depends on how you use our website and may involve the use of "cookies".
10. Third party websites
Our website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.
To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services (including software) offered on any third party website or any information appearing on any website we may offer.
We may receive payments from third parties in relation to goods, services or information supplied or received as a result of users and third parties accessing any links to third party websites contained in our website.
11. Copyright & trademarks
The material on our website is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.
Our website includes registered trade marks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.
By accessing the website, you agree not to redistribute the information obtained from the website, or through another user of our website without our prior written consent.
12. Permitted use and licence
You agree to not use the website:
b) in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the website;
c) to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;
d) to attempt to obtain any materials or information through any means not intentionally made available through our website;
e) to impersonate any person or entity;
f) to submit through any online form or otherwise make available any content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) to submit through any online form or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation unless expressly authorised to do so.
13. Termination and modification of service
We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third-party for any termination of your access to the website, Services or Programs.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice.
Any changes to the Program Fees will take effect 30 days after this change is published on our website.
All information on the website and provided with the services is subject to change without notice.
15. Contacting us