These Terms and conditions govern your use of our website, https://www.theskinnysurvivor.com, and your relationship with The Skinny Survivor (“we”, “us” or “our”). Please read these terms carefully as they affect your rights and liabilities under the law.
We strongly recommend that you seek that you seek professional medical advice before embarking on any diet or exercise program.
- This Website provides an online personal training service through which you can purchase fitness e-books, online video courses and tailored fitness and diet programs.
- These terms will apply to all users (“you”) of the Website and all purchasers of digital products.
We will offer through the Website the following products (the “Digital Products”) – e-books; videos; training guides; online coaching; meal plans; individually tailored personal plans.
When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.
On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting firstname.lastname@example.org immediately.
If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website.
You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
You can view and access the Website free of charge, however in order to purchase any of our Products you must submit your personal information on the website as a member or client.
The fees payable in respect of the products and services will be clearly displayed on the Website.
All cancellations and requests for refunds of Online Coaching must be done before the first tailored program is sent to you. After the initial program for the month is done, The Skinny Survivor disclaims all refunds of any kind for the month. All cancellations and requests for refunds must be done before the next billing date. We offer no refunds for coaching after you have been billed for the month.
If you want to end your contract with us, please let us by:
- Email, at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. telling us of the reason you wish to cancel.
UNLESS OTHERWISE EXPRESSED, THE SKINNY SURVIVOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
By placing an order with ‘The Skinny Survivor’, you warrant that you are at least 18 years old (or have parents’ permission to buy from us), and accept these terms & conditions, which shall apply to all orders placed. None of these terms & conditions affect your statutory rights.
- On your purchase of the relevant digital product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be): access and download e-books; videos; and personalized fitness plans;
- You are not permitted to share any of the content licensed under these terms with any other individuals.
- Except for the foregoing limited license, no right, title or interest shall be transferred to you.
VIRUSES, HACKING AND OTHER OFFENCES
You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
You must not misuse the Website by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities.
We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website, you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
In no case shall shall The Skinny Survivor, it’s service providers or licensors be responsible or liable for any injury, loss, death, claim, fraudulent misrepresentation, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation; lost profits, lost revenue, lost savings, loss of data, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
- Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise at your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
- Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly, any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
- Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
- The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context. For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
- While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
- the effectiveness any techniques, diets or programmes that we deliver; or
- the results that you may achieve as a result of following our programs.
- All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
- By providing any content for distribution (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
- The format and content of the Website is protected by Australian and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
- This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- These conditions are governed by and construed in accordance with the laws of Australia. All rights not expressly granted herein are reserved.
- We may make changes to the format of the Website at any time without notice.
You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions will remain in full force and effect.