terms and conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to
these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by ONE8T
FITNESS (“the company”) (which includes www.one8tfitness.com.au among others)
(collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and
all applicable laws. By accessing and browsing the Site, you accept, without limitation or
qualification, the Terms of Use and acknowledge that any other agreements between you
and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products,
services and/or other materials, made available on the Site by me or other third parties, as
well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are
maintained for your personal use and information by the “Company” and are the property of
the Company and/or its third party providers. You agree that such Company Content shall
include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings,
artwork, photos, documents, and text as well as all other materials included in the Site,
excluding only the materials you provide. Subject to your compliance with these Terms of
Use, the Company hereby grants you a limited license, which is non-exclusive, nontransferable,
and non-sublicensable, to access, view, and use the Site solely for your
personal purposes. No Company Content may be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, used for public or commercial purposes, or
downloaded in any way unless written permission is expressly granted by the Company.
Modification of the Content or use of the Content for any other purpose is a violation of the
copyright and other proprietary rights of the Company, as well as other authors who created
the materials, and may be subject to monetary damages and penalties. You may not
distribute, modify, transmit or use the content of the Site or any Content, including any and
all software, tools, graphics and/or sound files, for public or commercial purposes without the
express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials
contained in the Site, are copyrighted unless otherwise noted and are the property of the
Company and/or a supplier to the Company. No such materials may be used except as
provided in these Terms of Use.
3.The use of Content by you is strictly prohibited unless specifically permitted by these
Terms of Use. Any unauthorised use of Content may violate the copyright, trademark, and
other proprietary rights of the Company and/or third parties, as well as the laws of privacy
and publicity, and other regulations and statutes. Nothing contained in this Agreement or in
the Site shall be construed as granting, by implication or otherwise, any license or other
proprietary information without the express written consent of the Company or third party
owner. The Company has the right, but has no obligation, to remove content and accounts
containing materials that it deems, in its sole discretion, to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Use. If you believe that your
intellectual property rights are being violated and/or that any work belonging to you has been
reproduced on the Site or in any Content in any way, you may notify Company. Please
provide your name and contact information, the nature of your work and how it is being
violated, all relevant copyright and/or trademark registration information, the location/URL of
the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date
information in the Site, the Company makes no warranties or representations as to its
accuracy. The Company assumes no liability or responsibility for any errors or omissions in
the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive
any notices, announcements, agreements, disclosures, reports, documents, communications
concerning new products or services, or other records or correspondence from the
Company. You consent to receive notices electronically by way of transmitting the notice to
you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not
limited to, notes, text, drawings, images, designs or computer programs, such submissions
shall become, and shall remain, the sole property of the Company. No submission shall be
subject to any obligation of confidence on the part of the Company. The Company shall
exclusively own all rights to (including intellectual property rights thereto), and shall be
entitled to unrestricted use, publication, and dissemination as to all such submissions for any
purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to
our data and files. However no system whether or not password protected can be entirely
impenetrable. You acknowledge that it may be possible for an unauthorized third party to
access, view, copy, modify, or distribute the data and files you store using the Site. Use of
the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about
you to third parties, except where the Company, in good faith, believes such disclosure is
necessary to comply with the law or enforce these Terms of Use. By using the Site, you
signify your acceptance of the Company’s Privacy Policy. If you do not agree with this
Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE
SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL
CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE
OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S
NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S
EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
CORRECTION.
THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE
FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME
ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR
CORRECTIONS AND ANTI VIRUS SYSTEMS AND PROGRAMS. THE COMPANY SHALL
NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED
BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH
PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND
THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of
implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR
SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY
SERVICE PROVIDER (including, for example, your web service provider service, Stripe
payment services, your software and/or any updates or upgrades to that software). ANY
SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN
YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE,
IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY
SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT
TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR
ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE
TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS
OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO
THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO
ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO
DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE
FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE
DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE
AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE
COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY
(30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT,
EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR
OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER
FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF
PROPERTY, EQUIPMENT, INFORMATION OR DATA, COST OF REPLACEMENT
SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION
PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR
RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER
OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF
THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS
BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers
employees, and agents, harmless from any and all liabilities, claims, damages and
expenses, including reasonable solicitor’s fees, arising out of or relating to (i) your breach of
this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any
materials, information, works and/or other content of whatever nature or media that you post
or share on or through the Site, (iv) your use of the Site or any services that the Company
may provide via the Site, and (v) your conduct in connection with the Site or the services or
with other users of the Site or the services. The Company reserves the right to assume the
exclusive defense of any claim for which we are entitled to indemnification under this
Section. In such event, you shall provide the Company with such cooperation as is
reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries,
affiliates and its third party content providers and licensors, and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the
State of Victoria Australia, without giving effect to any principles of conflicts of law. You
further submit to the exclusive jurisdiction of the state and federal courts sitting in Melbourne
Victoria. If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are
bound by any such revisions and should therefore periodically visit this page to review the
then current Terms of Use to which you are bound.
This website and App is operated by JP Productions Pty Ltd (“the company”). This website,
including all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from the company, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access
the website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Preamble
A. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are over the age of 18 years
of age or at least the age of majority in your state or suburb of residence, or that you are
over the age of 18 years and are the age of majority in your state or suburb f residence and
you have given the company your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
B. GENERAL CONDITIONS
The company reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
The company is not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information and your
medical practitioner. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. The company reserves the right to modify the
contents of this site at any time, but has no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.
D. SERVICE AND PRICES CHANGES
Prices for products are subject to change without notice.
The company reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
The company shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
E. PRODUCTS / SERVICES
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy. The company has made every effort to display as accurately
as possible the colours and images of our products that appear at the store. We cannot
guarantee that your computer monitor’s display of any colour will be accurate.
The company reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. The company may exercise this
right on a case-by-case basis. The company reserves the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of the company. The company
reserve the right to discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
The company does not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or that any errors
in the Service will be corrected.
F. BILLING AND ACCOUNT INFORMATION
The company reserves the right to refuse any order you place with us. The company, at its
sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping address. In the
event that the company make a change to or cancel an order, the company may attempt to
notify you by contacting the e-mail and/or billing address/phone number provided at the time
the order was made. The company reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for
all purchases made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed.
G. USER’S PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
To view our Privacy Policy.
H. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. The
company reserves the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have submitted
your order). The company undertakes no obligation to update, amend or clarify information
in the Service or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
I UNAUTHORISED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. The company reserves the
right to terminate your use of the Service or any related website for violating any of the
prohibited uses.
J. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The company does not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
The company does not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time the company may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except
as expressly stated by the company) provided ‘as is’ and ‘as available’ for your use, without
any representation, warranties or conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall the company, the director/s, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,
claim, 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,
replacement costs, or any similar damages, 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 or any product, 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. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such states
or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
K. GUARANTEE AND INDEMNITY
You agree to indemnify, defend and hold harmless the company, its officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable solicitor’s fees, made
by any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a thirdparty.
L. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void
or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
M. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or the
company. You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in the company’s sole judgment you fail, or the company suspects that you have failed, to
comply with any term or provision of these Terms of Service, the company also may
terminate this agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
N ENTIRE AGREEMENT
The failure of the company to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by the company on this
site or in respect to The Service constitutes the entire agreement and understanding
between you and the company and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or written,
between you and the company (including, but not limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
O GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of Australia.
P. TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
The company reserves the right, and at its sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to the company website. It is
your responsibility to check the website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
Q. TOOLS
The company may provide you with access to third-party tools over which the company
neither monitor nor have any control nor input.
You acknowledge and agree that the company provides access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind and without any
endorsement. The company shall have no liability whatsoever arising from or relating to your
use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
The company may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
Certain content, products and services available via the company Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with
the company. The company is not responsible for examining or evaluating the content or
accuracy and the company does not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials, products, or services of
third-parties.
The company is not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any thirdparty
websites. Please review carefully the third-party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third-party.
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