MoofitMoofit’s Terms and Conditions
1.1. Thank you for selecting moofitmoofit.com.au (referred to as the “Site”), as run by Moofitmoofit (ABN 61 130 542 172) (“we”, “our”, or “us”). Please read these Terms and Conditions of Use (“Terms”) carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and all associated services (the “Agreement”).
2. USE CONSTITUTES ACCEPTANCE
2.1. By accessing the Site, linking to the Site, or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
All of the Site and Services are within the scope of this Agreement.
4. NO MEDICAL ADVICE
4.1. The Site provides online nutrition and fitness information and its content is published on this Site to assist users. Moofitmoofit is not a medical organisation and our staff cannot and do not give, or purport to give, any medical advice or diagnosis. Any medical or health or fitness related content is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
4.2. Nothing contained on the Site should be construed as such advice or diagnosis. The information and reports generated by Moofitmoofit should not be interpreted as a substitute for medical consultation or treatment by a qualified medical practitioner. You are urged and advised to seek the advice of a medical practitioner before attempting any exercises or beginning any program on this Site or associated platforms.
4.3. Individuals who are pregnant or who have certain health conditions, including, without limitation, people suffering from any illness or condition or who are elderly or who have a low body mass index are specifically warned to seek professional medical advice prior to attempting any of the programs on the Site.
5. PROTECTION OF MINORS
5.1. You must be 13 years or older to use the Site and Services. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
6. PRIVACY AND ACCOUNTS
7. ELECTRONIC COMMUNICATIONS AND NOTICES
7.1. You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically.
7.2. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us through firstname.lastname@example.org
7.3. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8.2. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website.
9. CHANGES TO THIS SITE
9.1. We may discontinue or change any Site content, service, function or feature at any time with or without notice. This includes any changes to accounts and/or pricing of the Moofitmoofit products and services.
10. PERSONAL INFORMATION AND PRIVACY
11. ADVERTISING AND AFFILIATE DISCLOSURE
11.1. Moofitmoofit intends to display paid advertising on the Site and we may also enter into affiliate relationships with other commercial partners, and, from time to time, may link to other products and services mentioned in posts on our site. In such circumstances we may have an affiliate relationship with the merchant selling such products or services, and may get paid a commission if you purchase such products or services. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated affiliate promotions on this Site.
12. FEES, PAYMENTS AND REFUNDS
12.1. Fees will be charged in AUD and in accordance with the relevant subscription fee structure described for the program or services.
12.2. Subscription fee structures will vary depending on the services or product provided. Where a subscription fee structure requires periodic payment, you hereby agree for Moofitmoofit to process such payment periodically as required. If any payment is not successful for any reason, your access to the Moofitmoofit platform will be suspended until payment is successfully processed.
12.3. To the extent permitted by law, any and all Payments made by you are non-refundable.
12.4. Payments by you to us will be made via PayPal and are subject to PayPal’s Terms and Conditions.
12.5. Prices are subject to change at any time without notice. We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your PayPal account and you expressly authorize us to do so.
12.6. Charges to a third party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third party payment processor.
12.7. We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
13. COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY
13.1. No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The Moofitmoofit domain name, logo and all designs, text, graphics, pictures, information, data, software, video files, other files and the selection and arrangement thereof are the proprietary property of Moofitmoofit or its licensors and are protected by Australian and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from Moofitmoofit.
13.2. In these Terms, “your content” means all works and materials (including but not limited to text, photographs, images, illustrations, documents, graphics, audio material, video material, audio-visual material and files) that you submit to the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to our Site and Services and any successor websites or services. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
13.3. You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Moofitmoofit that will be liable.
13.4. The Site is protected by international safe-harbor provisions for online service providers and strives to follow international best practice. We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please report it to us at our Contact Us page.
14. LICENSE TO USE OUR SERVICES
14.1. You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
14.2. You acknowledge that the features and services provided by us may change at any time without prior notice to you.
14.3. You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
14.4. Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
14.5. We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
15. ACCOUNT SECURITY
15.1. If you register for an account with us you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.
15.2. The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining secured access to our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient, it is your responsibility to either implement your own additional security or not use the Site.
16. THIRD PARTIES AND EXTERNAL LINKS
16.1. You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Moofitmoofit liable for any disputes you may have with any such third party supplier.
16.2. This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
16.3. If you would like to link to this Site you must seek our written permission prior to doing so, detailing exactly how such linking shall be provided.
17. PROHIBITED USE
17.1. You must not use our Site or Services in any way not expressly permitted by Moofitmoofit, or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility.
17.2. You must not use our site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
17.3. You must not use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious computer software.
18. WARRANTIES AND DISCLAIMERS
18.1. We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
18.2. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
19. LIMITATIONS OF LIABILITY
19.1. You may not assert claims for money damages arising from this Site or its contents or products. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages.
19.2. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
20.1. You agree to indemnify and hold harmless Moofitmoofit and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Terms and Conditions, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
20.2. Moofitmoofit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Moofitmoofit in the defence of any claims.
21.1. We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
22. JURISDICTION LIMITATIONS
22.1. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
23. INTERNATIONAL USE
23.1. We make no representation that content on this Site is appropriate or available for use in locations outside Australia. If you choose to access this Site from a location outside Australia, you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site in any way that violates such laws or regulations.
24. EVENTS BEYOND OUR CONTROL
24.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
25. GENERAL PROVISIONS
25.1. These terms and conditions contains the entire understanding between you and us and supersedes all prior representations, agreements, statement and understandings, either verbal or in writing.
25.2. You agree that the laws of the state of New South Wales (“NSW”), Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of NSW, and you agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
25.3. Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
25.4. If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
25.5. In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.