TERMS AND CONDITIONS
The Sites are intended solely for users who are eligible as nominated by the individual events and products transacted within the Sites and System.
Use and Copyright
The information contained within the Sites (including programming scripts, graphics and logos) are copyright of Modern Athlete T/A Coreflyte Australia, IN2SM and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of the Sites and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without prior written approval of IN2SM or its related bodies corporate.
The trademarks appearing on the Sites are primarily trademarks of Coreflyte Australia or other subsidiary groups associated to IN2SM. Other trademarks displayed on the Sites are trademarks of their respective owners. Nothing contained on the Sites should be construed as granting any licence or right of use of any trademark displayed on the Sites without the express written permission of The Robards Method, or the relevant affiliate, or third party owner.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Product and Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Privacy and Personal Information collection
In Purchasing product or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
Where you make a purchase through a Site, you are bound by the IN2SM terms of sale (waiver, participant agreement, terms of sale, terms of purchase, declaration) in relation to that purchase. Terms are event-specific and are published on the respective Website as well.
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered and claim any costs, including interest and legal fee’s, in recovery of any outstanding amount owned by you to the company.
We use a credit card payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
All fees are non-refundable except as expressly set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid.
Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund in limited circumstances based on shop and item specific terms and conditions. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
CONDITIONS OF USE OF COREFLYE PRODUCTS
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website and Product packaging is intended to be used as medical advice and the Website and Product is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website and Product, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Information Provided on Website and with the Product
All information provided by us on the Website and Product is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website and Product may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website and Product or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website and Product.
The Coreflyte Team may provide a general information guide in health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may offer a referral to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Coreflyte.
Recommendations and results on the Website and Product
Certain parts of the Website and Product may provide recommendations and results based on the input and data that Coreflye or Coreflye public users provide. These recommendations and results generated by the Website and Product are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website and Product.
The Coreflye Products are designed for persons of various fitness levels. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and Product. The information on the Website and Product may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website and Product:
women who are breastfeeding;
persons with any ongoing physical condition proscribing exercise or physical activity:
persons suffering from cancer or other long term illness;
persons with liver disease, kidney disease, or renal failure;
persons with eating disorders;
persons with diabetes, blood pressure or cholesterol issues;
persons recovering from or recently recovered from illness or injury; and
persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website and Product is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” and “recreational product” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services, product use and activities may involve risks, including personal injury and death. Prior to participating in the recreational services, product use and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and Product and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating or using the Coreflyte Product, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services, product use and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services, product use or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services, product use or activities.
Quality of the Website
We do not promise that the Website will be error-free, uninterrupted or without fault. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website.
Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your use of Coreflyte Product or access to, or use of, or inability to use the Sites and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Indirect and Consequential Loss
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your use of Coreflyte Product or access to or use of the Website, any linked Website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the Coreflyte Product of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us or any third party, which arises as a result of your breach of these terms in your use of the Coreflyte Product and Website.
Unless otherwise indicated and except for any functionalities provided by external Website and Apps, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
- using the logo or trade marks of this Website (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
- registering or maintaining any social media pages or Website that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
- systematic downloading or “scraping” of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyright, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external Website and Apps or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).
Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) whether authorised or not, then neither IN2SM nor you may be able to control the further disclosure and publication of that User Content.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
- you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
- you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
- you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
- to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
In addition you agree not to post, upload, publish, submit or transmit any information or materials that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances.
We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact us at email@example.com
We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
- you are legally responsible for all User Content you submit;
- under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
- you will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- harvest or collect email addresses, photographs or personal information of other users;
- impersonate any person or entity;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- collect information about the Website or users of the Website without our written consent;
- modify, frame, rendering (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without our written consent;
- use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- disguise the origin of information transmitted to, from, or through the Website.
- impersonate another person or user (including logging onto the Website and/or utilizing our services via an account other than your own);
- distribute viruses or other harmful computer code;
- use the Website for any purpose in violation of local, state, national, international laws;
- use the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or
- at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
LINKED WEBSITES AND APPS
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
- received notice of such changes when we place a notice on the Website setting out the changes; and
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing firstname.lastname@example.org
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
AGREEMENT TO ARBITRATE CLAIMS
Any controversy, claim or dispute arising out of or relating in any way to your use of the Website and Coreflyte Product, your account, or purchases through the Website shall be resolved by final and binding arbitration.
The arbitration shall take place in New South Wales, Australia in accordance with the Commercial Arbitration Rules
CLASS ACTION WAIVER
Both you and Coreflyte Australia waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the legal Consumer-Related Disputes Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
OPTING OUT OF ARBITRATION AND CLASS ACTION WAIVER
Your letter must be postmarked by the applicable 21-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
This Agreement is governed by the laws of New South Wales Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales Australia.