Updated on 29/09/2021

1 - About Versatile Strength and Wellness

1.1 - These terms apply to the Versatile Strength and Wellness the website at www. ersatilestrengthandwellness.com (Website) and associated fitness and nutrition services and products provided through them (Fitness Products), which are owned by Versatile Strength and Wellness ABN 46 324 937 266

1.2 -Versatile Strength and Wellness offers a variety of Fitness Products which are promoted via the Website and social media.

1.3 - Versatile Strength and Wellness offers face to face personal training, fitness and nutritional recommendations. Customer acknowledges and is fully aware that Versatile Strength and Wellness is not comprised of medical doctors or registered dieticians, and that Versatile Strength and Wellness is not providing medical and/or dietician/nutrition services or advice. Customer acknowledges and is fully aware that Versatile Strength and Wellness is only providing recommendations with regard to nutrition, supplements or any other training services.

1.4 - The Versatile Strength and Wellness programs are generic programs based on the goals for fitness or weight loss. They are general guides to fitness and weight loss management.The programs do not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.

1.5 - Before starting any exercise or weight loss or reduction program including those supplied by Versatile Strength and Wellness, you should make sure that you are not underweight, that you are physically able to participate in any program part of a Fitness Product and you must seek advice from your medical practitioner before starting a program.

1.6 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program.  

1.7 - Versatile Strength and Wellness does not guarantee any particular outcome as a result of your participation in or use of any Fitness Products.

2 - Validity and Duration of programs

2.1 - After purchasing a Versatile Strength and Wellness program that is provided on the Website (www.versatilestrengthandwellness), the purchaser will be granted access to that program on via a PDF.

3 - Terms of Use

3.1 - By purchasing or participating in a Fitness Product/Service by us, or Website you will be acknowledging and agreeing that you:

(a) have read and understood these terms and conditions and agree to be bound by them;

(b) consent to the use of your personal information for the purposes set out in these terms and use of the App generally; and

(c) consent to receiving communications from us as outlined in paragraph 8 of these terms.

3.2 -Versatile Strength and Wellness may amend its terms and conditions from time to time and will post its amended terms on the Website.  The date of posting the amended terms on the Website will be the date the new terms come into effect and apply to you.  Your continued use of the Website, Fitness Products/Service and purchase of any other goods and services from Versatile Strength and Wellness after posting of the amended terms will indicate your acceptance of the amended terms.

4 - Registration on a program and licence

4.1 - Customers must be at least 18 years old in order to use or access a Fitness Product.

4.2 - Purchase of a Fitness Product is/Service for you as a single user only.  You may not authorise third parties to use any Fitness Product, or other digital product or service supplied by us to you.

4.3 - Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.

4.4 - On registration for a program, Versatile Strength and Wellness grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.

5 - Payments and refunds

Website

5.1 - Customers must pay for all Fitness Products and other goods or services ordered through the Website or at the time of purchase using the credit card payment facility or via PayPal in the Website.

5.2 - Unless otherwise specified, you must pay for all Fitness Products at the time of purchase using the payment facility or any other third party payment gateway that is offered.  You must refer to their terms for additional information.

5.8 - No other refunds are available in respect of Fitness Products, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.

6 - Privacy

6.1 - Versatile Strength and Wellness is committed to protecting your privacy.  

6.2 - When you purchase a Fitness Product, or sign up for any of our services, we will have access to personal information about you, such as your contact details.  We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

6.3 - Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and participation in and use of Fitness Products/Services.

6.4 - Versatile Strength and Wellness conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Versatile Strength and Wellness and services and conducting its business and other purposes stated in its Privacy Policy (Purposes).   

6.5 - If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.

6.6 - Customers consent to the disclosure of their personal information for the Purposes including to overseas recipients.

6.7 - Overseas recipients may include entities providing services to us (including computer servers), such as cloud storage or data hosting, based in India or worldwide.

6.8 - We may use SMS and/or email to communicate with you.  From time to time, we may send you information about Versatile Strength and Wellness by post, email, telephone call or SMS.

6.9 - We may need to contact you to:

(a) administer accounts and process payments;

(b) communicate with you regarding any issues affecting your registration on a program or other Fitness Product/Service;

(c) provide information on services and benefits available to you.

(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and

(f) conduct market research or surveys to improve the services provided by Versatile Strength and Wellness.

6.10 - If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use or participation in a Fitness Product/Service.

6.11 - Versatile Strength and Wellness may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

7 - Versatile Strength and Wellness Rules including for use of social media

7.1 - Customers must:

(a) not use a Fitness Product/Service or the Website for any illegal purpose;

(b) not undertake any activity which uses, exploits or affects the Brand or the Versatile Strength and Wellness Intellectual Property except for the purposes of your personal participation in a program or personal use of Fitness Products/Service purchased through Versatile Strength and Wellness.

(c) not interfere with the enjoyment of another Customer;

(d) not perform any fraudulent activity in connection with a Fitness Product/Service or the Website;

(e) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology

7.2 - Some programs offer participation in private Facebook forums.  Customers agree that at all times when participating in such forums or when posting about Versatile Strength and Wellness on any social media platform they will:

(a) treat other Customers and Versatile Strength and Wellness (and its staff and contractors) with dignity, support and respect;

(b) not display or engage in activity that facilitates illegal activity;

(c) not post, publish, distribute or display sexually explicit images or words;

(d) not promote violence; and

(e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.

7.3 - Versatile Strength and Wellness reserves the right, in its absolute discretion, to remove any social media content and any information posted on any App or website or social media forum which Versatile Strength and Wellness considers breaches the rules set out in this agreement.

7.4 - Customers are responsible for obtaining and maintaining the data network access to use the Website and Fitness Products/Services. Customers are also responsible for updating their devices to enable use of the Website and Fitness Products/Services and any updates to them.

7.5 - Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking or use of a Fitness Product/Service.   

8 - Suspension or termination of your services

8.1 - Versatile Strength and Wellness may suspend or terminate your services or registration on a program or challenge at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.

8.2 - Versatile Strength and Wellness will suspend or terminate the Account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by Versatile Strength and Wellness or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.

8.3 - Versatile Strength and Wellness may amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.

8.4 - Customers may stop using a Fitness Product/Services in line with the terms & conditions agreed to by the customer, within the separate contract agreement for Services provided by Versatile Strength and Wellness.

9 - Complaints

9.1 - Customers may make a complaint by email to versatilestrengthandwellness@gmail.com

9.2 - Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.

9.3 - Versatile Strength and Wellness will investigate the complaint and endeavour to respond within 14 Business Days. 

10 - Risk Warnings and Disclaimers

10.1 - You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in, accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:

(a) known or unknown health problems or previous injuries;

(b) pregnancy;

(c) engaging in activity which is too strenuous for your level of fitness and health;

(d) tripping or slipping – including over fitness equipment both at home and in a gym; and

(e) attempting an activity which is beyond your exercise capability.

10.2 - We are not a medical organisation and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise and nutrition guides we offer should not be taken as medical advice, and are for information purposes only.

10.3 - You understand that any exercise and nutrition guides offered within our non-customised programs, conducted or promoted by Versatile Strength and Wellness are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Fitness Product.

10.4 - Provided nutritional guides are intended for informational purposes only, must not be taken as medical advice, and should be regarded as generalised recommendations.

10.5 - Versatile Strength and Wellness does not guarantee that the Website and Fitness Products will function on any particular device and Customers acknowledge and agree that the Website and Fitness Products/Services may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.

11 - Our liability to Customers

11.1 - Consumer Guarantees):  The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010(Cth) (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:

(a) are rendered with due care and skill;

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and

(c) are supplied within a reasonable time (when no time is set).

11.2 - (Permitted exclusion):  However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those consumer guarantees.  Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee.  In the previous sentence, “injury” means:

(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);\

(b) the contraction, aggravation or acceleration of a disease; or

(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

11.3 - (Reckless conduct):  The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

11.4 - Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.

11.5 - Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement.  In particular, but subject to the preceding paragraph, we are not liable for

(a) negligence;

(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

11.6 - Versatile Strength and Wellness will not be liable for any loss or injury attributable to:

(a) your fault;

(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program);

(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, any App or your downloading any material such as e-books or other material on the Website, or any website linked to it;

(d) the conduct or actions of Customers online or offline or their use of the Website or Fitness Products/Services.

(e) the suitability of a Fitness Product purchased by you;

(f) unauthorised access or use of your Account by third parties;

(g) any website links contained on the Website or an App to external organisations or advertisements or the use of such an external organisation’s website or App; or

(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.

11.7 - We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.

12 - Warranties (by Customers)

12.1 - You represent and warrant to Versatile Strength and Wellness that:

(a) you are 18 years old or over;

(b) you have sought and obtained advice from your medical practitioner before commencing any program or following any meal plan or nutrition guide supplied by us;

(c) all information and documentation provided to Versatile Strength and Wellness from time to time is true and accurate and not misleading in any respect;

(d) you will exercise in a place which is safe and suitable for the program; and

(e) you will abide by these terms and conditions at all times.

(f) you will be responsible for the management of any food allergies or intolerances.'

13 - Limitation/exclusion of liability

13.1 - Customers acknowledge and agree that Versatile Strength and Wellness excludes all liability to Customers to the maximum extent permitted by law including the ACL contained in the CCA.

13.2 - All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:

(a) negligence or fault of Customers;

(b) the acts or omissions of a third party unconnected with the provision of goods or services by Versatile Strength and Wellness;

(c) any defect in or complaint about the availability of a Fitness Product/Service;

(d) delays in the functionality of, or inability to access the Website or Fitness Products/Services (and to this end Versatile Strength and Wellness does not guarantee or warrant that the Website or Fitness Product/Services will be uninterrupted or error free); and

(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.

13.3 -We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.

13.4 -Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.

13.5 - Versatile Strength and Wellness will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website or other goods or services provided in connection with or referable to the Website and any Fitness Product/Service.

14 -Indemnity

14.1 - Customers agree to indemnify and hold Versatile Strength and Wellness and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:

(a) a Customer’s use of a Fitness Product/Services.

(b) use of products purchased through the Website.

(c) a Customer’s breach of these terms and conditions;

(d) our use of your Customer Content;

(e) a Customer’s breach of duty of care, or negligence towards another Customer; or

(f) a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.

15 - Notice

15.1 -We may give notice to you by email to your email address or by written communication to your address. Customers may give notice to us by email to versatilestrengthandwellness@gmail.com

16 - Assignment

16.1 - Versatile Strength and Wellness may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer. 

16.2 - Versatile Strength and Wellness may transfer ownership of the Fitness Products/Services and the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of Versatile Strength and Wellness or its business and assets.

17 - Severance

17.1 - If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

18 - Entire Agreement

18.1 -These terms constitute the entire agreement betweenVersatile Strength and Wellness and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.

19 - Intellectual Property and Ownership

19.1 -The Versatile Strength and Wellness and trade marks, the Brand and these terms and conditions, the content of Website, Fitness Products/Services, nutrition guides and e-books and any materials we provide to you in connection with a program (Versatile Strength and Wellness Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.

19.2 -You undertake not to copy, publish or reproduce in whole or in part, the Versatile Strength and Wellness Intellectual Property except as is expressly permitted by these terms and conditions.

20 - Governing laws

20.1 - These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

20.2 - All parties hereby submit to the jurisdiction of the Courts of NSW, Australia.

21 - Your acknowledgements and consents

21.1 -By purchasing a Product/Service you acknowledge and agree that:

(a) you have read and understood these terms and conditions and agree to be bound by them;

(b) you are responsible for all costs incurred by you with respect to your usage of the Fitness Products/Services, Website and e-books including data usage fees and other telecommunications fees; 

(c) you give permission for Versatile Strength and Wellness to disclose your personal information in accordance with these terms and conditions and our Privacy Policy; and

(d) you consent to receiving any communications from us as outlined in paragraph 8 above however you may opt out at any time.

22 - Definitions

22.1 -In these terms and conditions the following words have the following meanings:

Versatile Strength and Wellness Intellectual Property has the meaning given to it in clause 21.1above; 

Brand means the distinctive appearance, image, goodwill and reputation that attaches to our Website and all other materials supplied through the Website and, the Versatile Strength and Wellness trademarks and the application of the trademarks and the Versatile Strength and Wellness Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website and Fitness Products/Services we provide.

Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in New South Wales, Australia;

CCA means the Competition and Consumer Act 2010 (Cth) and includes the Australian Consumer Law (ACL).

Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;

Customer means any person who purchases, participates in a Fitness Product/Services provided by Versatile Strength and Wellness.

Customer Content means any words, images, links or other content posted by a Customer on the Website, any App, Facebook or any other social media forums;

Fitness Products means all Versatile Strength and Wellness associated fitness and nutrition services and products (including all challenges, programs, workshops, seminars, apparel, equipment and gift vouchers); and 

Privacy Policy means the Versatile Strength and Wellness privacy policy displayed on the Website (www.versatilestrengthandwellness.com)