Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE, SERVICES AND PRODUCTS
1. This website www.snowfitness.com.au and all associated applications are owned and operated by Snow Fitness Pty Ltd ABN 816 129 19472, and will be referred to as “Snow Fitness”, “we”, “us” or “our” in our Terms and Conditions policy document.
2. Your access to the information, materials, programs and products provided on Snow Fitness is conditional on your acceptance of and compliance with these Terms and Conditions. By using Snow Fitness you personally accept these Terms and Conditions and agree to be legally bound by them. If you do not agree to be bound by these Terms and Conditions you may not use Snow Fitness.
3. We may change these Terms and Conditions at any time at our discretion and without notice. The latest version of the Terms and Conditions will always be available on this website. By continuing to use Snow Fitness you accept the Terms and Conditions as they apply from time to time.
4. Medical. We urge and advise you to consult a medical practitioner before taking part in any of the Snow Fitness programs. Snow Fitness does not provide any medical advice. Snow Fitness only offers health and fitness information over the internet with the purpose of assisting you to achieve personal fitness goals. You acknowledge that you are solely responsible for choosing whether to follow any exercise program provided by Snow Fitness as part of our information service. By accessing Snow Fitness you warrant that you have considered your current health and fitness status and that you are satisfied the Snow Fitness programs, exercises or fitness products are suitable for your personal use.
5. Risk. You understand and acknowledge that your participation in or performance of, any exercise or exercise program provided by Snow Fitness includes the risk or possibility of you suffering physical injury. If you choose to engage in a Snow Fitness exercise or exercise program you agree that you do so at your own risk and you assume all liability for any injury or damage you may suffer and release from liability Snow Fitness and any of our directors, employees, agents or sub-contractors for any and all claims, suits or actions.
6. Insurance. Snow Fitness holds business insurance for our needs and circumstances and we encourage all participants in Snow Fitness programs to hold private health insurance, life insurance and income protection insurances to suit their individual needs and circumstances.
7. Information. Snow Fitness, to the extent permitted by law, makes no representation or warranties, either express or implied, as to the accuracy, reliability or completeness of any information contained on Snow Fitness or in any of our programs or product information material. Snow Fitness, to the extent permitted by law, makes no guarantee or promise of any specific result from your use of Snow Fitness programs or exercises and shall not be liable for any loss or damage suffered by you as a result of your reliance on information you obtain from Snow Fitness.
8. Intellectual Property. Unless we indicate otherwise, all content on Snow Fitness including but not limited to all images, layout, design, descriptions, instructions, graphics, logos, icons, sound, video, text, documents and ideas is owned by Snow Fitness. You are not permitted to reproduce the information, programs or materials on Snow Fitness for the purpose of sale or use by a third party. You may not republish, upload, distribute or transmit electronically any of the materials, documents or programs that you download from Snow Fitness. We expressly reserve all copyright and trademark in this website, our name and logo and all documents, information and programs on Snow Fitness. We grant you a personal, non-transferable and non-exclusive licence to access Snow Fitness programs solely for your personal and non-commercial use. You may not reproduce, publish or distribute any part of Snow Fitness without our express written
9. Website availability. We will make every effort to keep our website running smoothly. However Snow Fitness take no responsibility for and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
10. Indemnification. To the extent permitted by applicable law you agree to indemnify and keep us, our employees, agents or representatives indemnified, from all claims, liability and costs occurring from your improper use of Snow Fitness, our programs or products or from your breach of these Terms and Conditions. To the extent permitted by applicable law you agree to indemnify and keep us, our employees, agents or representatives indemnified from any claim or cause of action arising, now or in the future from any injury, damage or loss which you may sustain during your participation in any exercise, program or product provided on or by Snow Fitness or in any activity related to a Snow Fitness exercise, program or product, regardless of whether liability is based on any negligent act, breach of contract or warranty, statutory duty or omission.
11. Limitation of Liability. You agree and acknowledge that subject to the extent permitted by law, Snow Fitness shall not be liable for any loss or damage that you may suffer, directly or indirectly through use of Snow Fitness programs, exercises, products or information, ‘including through negligence or omission. To the maximum extent permitted by law, Snow Fitness’ total liability to you for all damages, losses or causes of action arising in connection with Snow Fitness or your use of Snow Fitness programs, exercises or products, shall not exceed the amount paid by you to access Snow Fitness.
12. Fitness Products. If you order our branded fitness products you expressly agree to these Terms and Conditions. Title to a product you purchase from Snow Fitness will pass to you when you make full payment to Snow Fitness. Risk of loss or damage to any of our products shall pass to you at the time we provide the product to a third party for delivery to you. If we provide an estimate of the time for delivery of our products we provide no guarantee, warranty or representation that such estimate will
13. Price. Prices for services and products are in Australia Dollars (AUD) and are inclusive of GST.
15. Delivery of Membership. The Snow Fitness monthly and yearly membership giving you access to all of our programs will be delivered to you in the manner and mode described on the Snow Fitness website as updated from time to time.
16. Payment and Refunds.
a. Orders for participation in the Snow Fitness online programs by either per month membership or per year membership, as described on the website, are subject to acceptance by us. Acceptance and continued access to our service is always subject to payment first being made by you. By placing an order, you make an offer to purchase the relevant Snow Fitness online membership that is subject of your order.
b. All membership fees are non-refundable, unless the program is not available for a period lasting more than 3 days. In this circumstance a pro rata refund may be granted upon written request by you.
17. Jurisdiction and Law. This agreement is governed by and construed in accordance with the laws of New South Wales and Australia. If there is a dispute between you and Snow Fitness which results in litigation then you must submit to the jurisdiction of the Courts of New South Wales.