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Terms

WEBSITE TERMS 

Welcome to www.fitnestmama.com, the website for Fitnest Mama [ABN 91 641763536], we hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and our privacy policy. If you don’t agree, you must surf elsewhere; we may terminate your use of our website and services immediately if you breach any terms and conditions. 

You must be 18 years or older to use our website and services.

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

  • Correct information and compliance with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of Victoria, Australia when you use our website, including but not limited to, all cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

  • Personal and non-commercial use of our content

You agree that the copyright in all content on our website, is owned or licensed by us.  You must only use the website and its content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission (or permission of the relevant owner). All trademarks on our website belong to their respective owners. 

  • Third party links, apps and software are for your assistance only

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to the relevant third party. 

We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.

  • Linking to our website 

You may link to our website home page but not any other page on our website. We may also offer social media features which you may use as they permit, without circumnavigating them in any way. 

  • Do not rely on any “advice” 

Some of the information we provide on our website may be health or medical related. It does not constitute health or medical advice, and we provide this information for your general use only. It may contain historical information, incomplete information or it could be an opinion that is not widely held. Your personal situation has not been considered when providing the advice, so any reliance on this advice is at your sole risk and you should seek independent professional advice before taking steps towards reliance on this advice. 

WE MAKE NO WARRANTIES OR GUARANTEES

We cannot represent, warrant or guarantee that:

  • our website will always be available, that your use will not be interrupted, or that our website is free from viruses; or
  • our content is accurate, complete and current. 

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at hello@fitnestmama.com if you find any issues.

We may also change, suspend or stop providing our website at any time.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, your reliance on any advice and information, any interruptions, changes, suspension or termination of our website or any events beyond our control. 

You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of these terms and conditions, your breach of the law including your local laws, or your breach of the rights of a third party. 

OTHER

This agreement is governed by the laws in Victoria, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in these terms and conditions survive termination of this agreement. The failure to exercise our rights, or enforce a provision under these terms and conditions does not waive the future operation of that right or ability to enforce the provision. 

Content means any content, including but not limited to any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs. 

Loss or damage means any direct, indirect or consequential loss or damages of any kind, including but not limited to any loss of revenue, profit, savings, goodwill, downtime costs, reputation, loss of data, property damage, personal injury and legal costs. 

FITNEST MAMA MEMBERSHIP T+Cs
By joining up the FitNest Mama Membership you understand and agree to these Membership Terms, you are agreeing to be bound by these Membership Terms; if you do not agree, you cannot become a member. We may change these Membership Terms at any time, and by continuing to use or access our membership services, you are accepting those changes.

MEMBERSHIP TERMS

These Membership Terms (“Terms”) apply to all FitNest Mama members or potential members. These Terms together with the Website Terms and any other terms and conditions and policies including our Privacy Policy we publish or link to on our website form an Agreement with us (“Agreement”). “You” could be any member of ours. 

You must be 18 years old or older to become a member. You must provide current, complete and accurate information to us, including account information, and promptly inform us of any updates to your information.

MEMBERSHIP SERVICES WE WILL PROVIDE

We are providing you with membership to FitNest Mama which includes access to various modules, library of workouts, access to our private Facebook community, monthly Q&As and live discussions along with various bonuses which may be offered from time to time. 

MEMBERSHIP OBLIGATIONS

You represent and warrant the following before becoming a Member:  

  • You have confirmation from your doctor to join FitNest Mama and participate in our workouts; 
  • You are not being treated for any injuries or conditions;
  • You do not suffer from chest pain, dizziness, headaches, paraesthesia/numbness
  • You have no known heart conditions, diabetes,  blood pressure issues; and
  • You have not experienced any of the following conditions: pre-term labour, vaginal bleeding, multiple pregnancy, pre-eclampsia, poor foetal growth, incompetent cervix, miscarriage, placenta praevia or other medical conditions affecting your pregnancy.

You must notify us immediately if your health status changes in any way. Participation in FitNest Mama is at your sole risk, and you are responsible at all times for your safety and well-being and that of you and your baby. We are not liable for any Loss or damage suffered in connection with your participation in the Membership services.  

MEMBERSHIP FEES

You must pay the Membership Fee via the Payment Methods. We have monthly, 6 monthly and yearly payment options. Where payment is made in monthly installments you authorise us to deduct the monthly membership fee and all other accrued and outstanding fees from your Payment Method provided.  All memberships will automatically renew at the end of the Membership Period or Trial Period. The membership fee for the relevant period is automatically deducted from your nominated Payment Method unless you or we cancel the membership in accordance with the Cancellation or Termination terms below.

MEMBERSHIP ACCOUNTS

You must maintain the confidentiality of your login and password for your membership. You are solely responsible for all use of your login and password. You must not allow other people to use your membership account.  We may require personal information as part of your membership application and account, and this is used subject to our Privacy Policy. You must provide true, current and complete information, and properly update information at all times.  

 MEMBERSHIP RULES
We encourage all members to engage in discussions in our community and in live discussions, however, we do not recommend that you include any personal information such as your email address or physical address in your posts. When you engage in discussions, your posts will not be confidential, and you must comply with our our posting rules as follows:

You must not post any of the following, which is determined at our discretion: 

  • any advertising, self-promotion or sales; 
  • any inappropriate, offensive, threatening or abusive content; 
  • any illegal content including, but not limited to, anything defamatory; 
  • anything that violates the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; 
  • any immoral content, including but not limited to, anything pornographic or obscene; 
  • or any content that impersonates any other person or misleads us or third parties as to the origin of your posts. 

Whilst we will endeavour to reply to your comments, we have no obligation to. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our posting rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the post. Please contact us at hello@fitnestmama.com 

CONSUMER GUARANTEES AND REFUNDS

 You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill. If you consider that our Membership Services fail to meet a consumer guarantee, please notify us at hello@fitnestmama.com . In some cases you will have the right to a refund.

Except as required by law, we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information or where you can no longer participate fully.

CANCELLATIONS
Except as required by law, all memberships are non-transferable and non-refundable. This means any payments already made for monthly, 6 or 12 month Membership Periods are non-refundable. After your first Membership Period expires, your membership will automatically renew for the same Membership Period. This means if you purchase an annual subscription, your membership will automatically renew for a further year. If you wish to cancel your membership, you can do this via the Member Hub, or you must email us at hello@fitnestmama.com. We accept requests for cancellation provided that we receive at least 2 business days notice prior to the following automated payment date, otherwise cancellations can be made via the member hub.

FREE TRIAL
If a free trial exists in the subscription, each member is entitled to one free trial per subscription type every six months. If a member has previously taken advantage of a free trial for a specific subscription type, they will not be eligible for another free trial for that subscription type until six months have passed since the end of their previous free trial.

Cancellations within the free trial period are immediate, and cancellation can be made at any time via the member hub within the free trial period.

TERMINATION

We may refuse to provide Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your membership. We are not responsible to you for any changes, or if we suspend or stop our Membership Services, however, where we suspend or stop the Membership Services, or offer less services, we will renegotiate the Membership Fees.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a  non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your membership only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the Materials in any way. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the  Copyright Act 1968  where applicable.  Please contact us at  hello@fitnestmama.com to seek consent. 

RELIANCE ON ADVICE DISCLAIMER – MODULES

Some of the information we provide in our online modules and videos is health and/or medical related. It does not constitute health or medical advice, and we provide this information for your general use only. It may contain historical information, incomplete information or it could be an opinion that is not widely held. Your personal situation has not been considered when providing the advice. Before relying on the advice you should seek independent professional advice. Your use of the information is at your sole risk, and you are at all times responsible for your safety and wellbeing and that of your baby.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our Membership services. We are not responsible for any Loss or damage suffered in connection with your use of our Membership services, your reliance on any advice and information, any errors or omissions, price changes or discontinued Membership Services, any visitor posts and content, your misuse of any Materials, changes and termination of your membership, or any events beyond our control. 

You agree to indemnify us, and to keep us indemnified from any claim  arising out of or in connection with your breach of this Agreement, including , but not limited to any breach of your warranties for medical clearance, our Intellectual Property Rights, where you provide incorrect information, breach of the Posting Rules and any unauthorised use of your membership account. 

IF THERE IS A DISPUTE

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This agreement is governed by the laws in Victoria, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in these terms and conditions survive termination of this agreement. The failure to exercise our rights, or enforce a provision under these terms and conditions does not waive the future operation of that right or ability to enforce the provision. 

DEFINITIONS

 Australian Consumer Law means Schedule 2 of the  Competition and Consumer Act 2010.
Agreement means these Membership Terms and all other terms and conditions and policies published or linked to on our website.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 
Materials means any of our online workshop materials, worksheets, documents, copy, diagrams, photographs, videos, and anything provided to you during the Membership Services.

Membership Fee means the fees as advertised on our website from time to time.

Membership Period means monthly, 6 monthly or annually. 
Membership Services means the Fitnest Mama membership.

Payment Methods means  via Stripe.
Posts means any and all material, links, copy, images, photographs, information you post or add to the website or Facebook page or any live discuss site such as Zoom.

We, us, or our means  FitNest Mama [ ABN 91641763536 ] and includes any of our directors, officers, employees, agents, partners, contractors.