Terms and Conditions of Use
For the purposes of these terms and conditions the following definitions apply:
- Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
- License means the license granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
- Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
- Program means the Fat Furnace and Body Sculpting program offered to you via the website;
- Subscription means the subscription with Alpha Omega Personal Fitness entitling you to use of the Website, the Program and/or the Resources
- Terms and Conditions means these terms and conditions as amended from time to time;
- Website means collectively the website alphaomegpfs.com, Program, products and/or services offered or provided by Alpha Omega Personal Fitness including the Fat Burning and Body Sculpting App;
- You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.
By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).
This Licence shall continue until terminated in accordance with this Agreement.
These Terms and Conditions govern your right to use the Website and your access to and use of the Fat Burning and Body Sculpting App, Program, the Forum and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Program and/or the Forum.
You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in the United States and when accessed in another jurisdiction the laws of that jurisdiction and American law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for the United States of America.
You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
3.8 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Your Agreement and Subscriptions
In accessing, registering or using the Website, including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions..
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. If you are accessing and using the Website or subscribing for access to the Program or any of the Website's services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under United States law.
We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
You agree to provide accurate and truthful details about yourself for the purposes of your Subscription and for the Program and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
Renewal & Termination
Your Subscription will automatically renew for the same term of your initial Subscription unless you opt out of your Subscription recurring by accessing the settings component of your profile on the Website and de-select the option pertaining to automatic renewal of your Subscription.
You may cancel your Subscription (please note a refund will not be issued when cancelling) to the Website by notifying the Website and we can then deactivate any account in your name, your membership of the Website and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. (Your information archived will be stored for 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed).
We can terminate your License and/or Subscription participation in our sole discretion if we believe you have breached any of the Terms and Conditions of the License and/or you have or are facilitating the unlawful activity of a third party in respect of the Website and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
Alpha Omega Personal Fitness is under no obligation to offer refunds for subscriptions that surpass the trial period.
You may cancel anytime by going to this link
In purchasing any product or Service from the Website ("the Purchase") you agree to:
- (a) pay using a valid credit card (or other form of payment as we may allow);
- (b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
- (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs"); and
- (d) all costs are in US Dollars unless otherwise indicated.
You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
Risk and Limitation of Liability
Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact us on the Website within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim. For the avoidance of doubt, any refund will only be provided in accordance with American Consumer Law.
We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
You are required to exercise due care to conform to any American laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
(a) Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
(b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
General Statement of Program Objectives and procedures:I understand that this personal training program may include exercises to build the cardio respiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), and to improve body composition (increasing muscle and bone and decreasing body fat) Exercise includes aerobic activities, such as walking, running, bicycle riding, rowing machine, group aerobics, swimming and other aerobic activities, weight lifting using dumbbells, machines and other equipment to improve muscular strength and endurance, as well as flexibility exercises to improve joint range of motion.Description of Potential Risks:I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. I understand that ALPHA OMEGA PERSONAL FITNESS (seller) shall not be liable for any damages arising from personal injuries sustained by client (buyer) while and during and/or from a personal training program does so at his/her own risk. Client (buyer) assumes full responsibilities for any injuries or damages which may occur during and/or after training.I hereby fully and forever release and discharge ALPHA OMEGA PERSONAL FITNESS (seller), its assigns and agents from all claims, demands, damages, rights of action, present and future therein.I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form).I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.I understand I am not bound to any contract and may quit anytime. This is an automatic renewal and payments will be renewed exactly one month from the date of initial payment. Payments will continue to be made until subscription is cancelled.I understand and acknowledge that THERE ARE NO REFUNDS. If I wish to discontinue service I may unsubscribe at any time. PHOTO AND TESTIMONIAL RELEASEIn consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to Joshua Smith, ALPHA OMEGA PERSONAL FITNESS and his/her agents the right to use my name, biographical information, photographs, images, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to ALPHA OMEGA PERSONAL FITNESS by me, throughout the world and for any purpose whatsoever, including without limitation for marketing and advertising purposes of ALPHA OMEGA PERSONAL FITNESS, and in any and all media, including without limitation ALPHA OMEGA PERSONAL FITNESS’s website. I acknowledge that ALPHA OMEGA PERSONAL FITNESS has no obligation to return any photographs or images to me.I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by ALPHA OMEGA PERSONAL FITNESS, including without limitation any and all claims for libel or invasion or privacy. I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof.