MEMBER TERMS

 

 

These Member Terms (‘Terms’) apply to all Members to this Website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any membership of our Website or Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

 

1.          DEFINITIONS

 

‘Website’ means ericawebbyoga.com.au

‘Content’ means all health and fitness information, exercises, programs, techniques, ideas, materials and examples accessed on or through the Website.

‘Services’ means offline and online personal health and fitness training services.

‘Member’ means a member of the Website or our Services who has access to the Content and products and services that may be on or offered through the Website from time to time.

‘We’, ‘our’ and ‘us’ means Erica Webb Yoga and Pilates [ ABN 89-447-158-499] and includes its directors, employees and contractors.

‘You’ means the Member to the Website or our Services.

 

2.          AGREEMENT

 

2.1.          You will not share your password or login details with any other person.

2.2.          You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.

2.3.          You will not share, recreate or otherwise reproduce any Content or Services on or provided through our Website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content or Services is permitted without our written permission.

2.4.          You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.

2.5.          You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

2.6.          You will keep your contact, payment and other information updated.

2.7.          You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.

 

3.          DISCLAIMER

 

3.1.          The Content is for educational purposes only, is general in nature only and is not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.

3.2.          The Content does not take into account your individual health, medical, physical or emotional situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs.

3.3.          You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well being.

3.4.          You take full responsibility and risk for making any decision based on the Content on our website or contained in our Programs. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

3.5.          Our Content and Services are not a substitute for or intended to take the place of proper medical examination, diagnosis and treatment by a qualified medical professional.

3.6.          We do not warrant, promise or guarantee that any of the Content or use of the Services will produce a particular result. We are only providing general educational information and to assist in provision of the Services. At no time do we provide any guarantees or warranties in relation to this Content or Services.

 

4.          CANCELLATION AND TERMINATION

 

4.1.          You are solely responsible for cancelling your membership through the Website or by contacting us. You must do so prior at least 2 weeks prior to the next payment period (monthly or annual, as relevant) to ensure the payment for the next period is not processed.

4.2.          We have the right to terminate or suspend your membership and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.

4.3.          We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.

4.4.          Upon such termination, regardless of the reasons, your right to use the Website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files.

4.5.          We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

4.6.          If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.

 

5.          LIABILITY

 

5.1.          You take full responsibility and assume all risk for making any decision based on the Content on the Website or contained in the Services.

5.2.          You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

5.3.          Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

5.4.          Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

5.5.          When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

5.6.          In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

5.7.          Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

6.          INDEMNITY

 

6.1.          You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

6.2.          This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.

© 2020 by Erica Webb