TERMS & CONDITIONS
These are the Terms and Conditions of sale of products and services
supplied by Amanda Cremonini ABN 32 420 377 192 trading as IntoFitness (hereinafter
“we”, “us”, “our”) to any person, firm or company placing an order with us for the purchase of our products and/or services.
We make no representations or warranties of any kind, express or implied,
in relation to any information, content, materials, products or services,
except as otherwise provided under any applicable law.
We do not accept responsibility for any loss or damage, howsoever caused
(including through negligence or matters outside our control), which you
may directly or indirectly suffer in connection with your use of our products
or services, nor do we accept any responsibility for any such loss arising out
of your use of, or reliance on, information provided in connection with our
products or services. To the maximum extent permitted by law we disclaim
any such representations or warranties as to the completeness, accuracy,
merchantability or fitness for purpose of our products or services.
We do not exclude any rights or remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or
Territory legislation which cannot be excluded, restricted or modified.
The use of information provided in connection with our products or services is at your own risk. To the maximum extent permitted by law we exclude all liability in respect of any injury, death, loss or damage, arising out of, or related to, the use, or inability to use, the information provided in connection with our products or services. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or
consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us and other persons involved in the provision of our products and/or services from all damages, losses, penalties, fines, expenses
and costs (including legal costs) which arise out of or relate to your use of our products or services, or any information that you provide. This indemnification
includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
No part of our products or services should be taken or interpreted as medical advice or assistance. You should seek the advice and assistance of
qualified medical practitioners for your particular circumstances and needs.
IntoFitness reserves the right to adjust fees from time to time. Any increase to fees will be notified in writing at least 14 days in advance of any fee changes occurring.
Membership payments are billed in advance of your sessions from your nominated account
Cleared funds must be available at the time of debit
To suspend or cancel your membership a minimum 7 days notice in writing is requested to firstname.lastname@example.org
RETURNS & REFUNDS
Other than as set out in these Terms and Conditions we shall not be liable to accept any returned products, but may, in our absolute discretion,
accept the return of products, provided that such products shall only be accepted for return with our prior written approval. Products submitted
for return must be accompanied by relevant invoice numbers.
NUTRITION & HEALTH INFORMATION
Before relying on any nutritional information provided in connection with our products or services, you should carefully evaluate the accuracy,
completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. We have made efforts to ensure the quality of the
information provided in connection with our products and services however we do not give any warranty that the information is free from error
or misdescription, or that it is suitable to your particular purposes.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that any intellectual property rights, including graphics,
logos, trademarks, distinctive brand features, design, text, icons, the
arrangement of them, sound recordings and all software relating to our
products or services, are owned by us, or in some cases third parties, and that these remain the property of their respective owners and must not be
used in any manner without the prior written consent of the owner. These
intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
You may review our products and services for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and
similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within any website
or create derivative works from any part of our products or services or commercialise any information obtained from our products or services
without our prior written consent or, in the case of third party material, from the owner of the copyright in that material.
If you correspond or otherwise communicate with us, you automatically
grant to us an irrevocable, perpetual, non-exclusive, royalty-free,
world-wide licence to use, copy, display and distribute the content of
your communication and to prepare derivative works of the content
or incorporate the content into other works in order to publish and
promote such content. This may include, but is not limited to, publishing
testimonials on our website and developing your ideas and suggestions
for improved products.
You authorise us to hold and use information you have provided to us, to:
Manage your account, including to send you statements and invoices;
Provide information to you about our products and any special offers
we believe may be of interest to you, unless you advise us otherwise; and
Transfer your information to related or associated companies and other
entities that assist us to provide our products and/or services.
These Terms are governed by and construed in accordance with the laws
of Queensland, Australia and you irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.