Strong to the Core (“Website”) offer online services such as wellbeing programs including exercise and meditation packages and nutrition and health coaching sessions and packages (“Services”). Strong to the Core also sell products such as exercise equipment (“Products”). Products available may change at any time and subscriptions may also become available in addition to the program packages (“Subscriptions”).
By accessing or viewing this Website or by purchasing our Products, Services and/or Subscriptions, you agree to comply with these terms and conditions (“Terms”).
Any reference to “you” or “your” includes any person who accesses or views this Website or Products, Services and/or Subscriptions from us.
1. Nature of Information
Any information provided by us under this Website, including blog posts and educational material, are of a general nature only. You must not rely on any information without first seeking advice that is specific to your individual circumstances.
2. Use of the Website
a. Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
b. You must only use this Website for lawful purposes, which may include:
- browsing any part of this Website;
- reading or viewing any information contained on this Website;
- sending us legitimate communications or enquiries;
- purchasing our Products
- purchasing our Services; or
- purchasing our Programs and/or Subscriptions.
c. Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited message
3. Online Purchase
a. When purchasing a Product, Service, or Subscription from this Website, the price for the Product, Service or Subscription and any shipping or delivery costs will be displayed. Prices are in Australian dollars and excluding GST unless otherwise stated.
b. You will be required to pay for the Product or Service in full at the time of placing your order. Payment is accepted by Stripe or any other method we provide.
c. When you place an order to purchase a Product or receive a Service, you will receive a confirmation email from us. Your order is not accepted by us until shipped or delivered and we are not obliged to supply the Product or Service to you until we have accepted your order.
d. We may, in our discretion, refuse to accept an order from you if the Product or Service is unavailable.
e. In regards to products, we will use our best endeavours to deliver the Product to you at the place of delivery specified by you within the time indicated by us at the time of your order, but we cannot guarantee any delivery times.
4. Program and/or Subscription Packages
a. When you purchase a Program, Service or Subscription, or product, you will be required to pay the price for the Program or Subscription in advance. Payment is accepted by Stripe or any other method we provide.
b. You have access to your purchased program for 12 months.
c. All payments made are non-refundable and non-transferable unless otherwise required by law.
5. Program or Membership Information
a. These Terms and Conditions govern your right to use the Website and your access to and use of the Strong to the Core Programs, 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.
b. In downloading and/or printing any content from the Program 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 Program 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, and/or the social media page.
c. You agree that if you download any content from the Program 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 Program 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.
d. You agree that in downloading any service or product from the Program, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Program and/or make it available over a network where it could be used by multiple devices at the same time.
e. You agree that your use of the Program 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 Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
f. You agree that in using the Program, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
g. You agree that you will not post comments about the Program, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
h. The content on the Program, 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.
i. You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Online Programs. The Member Information may include, but is not limited to, your name, contact details and credit card details.
j. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
k. You will be able to access and modify your membership details from the site.
l. Membership is non-transferable.
6. Product Delivery
a. You may grant us authority to leave the Products at a designated area (for example, at the front door) when placing your order. If you do, you understand and agree that this authority gives us and/or our couriers permission to leave the Products unattended at the place specified by you without obtaining a signature confirming delivery. In such circumstances, you understand and agree that by granting us authority to leave the Products, we and our couriers are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
b. All risk in the Products shall pass to you upon delivery. It is your responsibility to take care when opening the Products or packaging so as not to damage them. From the time when risk passes to you, we will not be liable for loss or damage to the Product except as otherwise provided by clause 7 below.
7. Service Bookings and Delivery
a. In order to access our Nutrition & Health Coaching Service, whether purchased separately or as part of a package, you must make a booking for the Service (“Booking”). You acknowledge that the date and time you request for a booking may be already reserved or otherwise unavailable.
8. Product Refunds and Returns
a. It is your responsibility to check the Product immediately upon delivery, but in any case within at least 14 days, and advise us of any faults or damage by providing evidence of the fault, damage or defect, along with proof of purchase.
b. If the Product is confirmed to be faulty, damaged or defective, we will repair (if possible), exchange or provide a refund for the Product to your original payment method, as elected by you. Please allow up to 10 days for the refund or exchange to be processed.
c. The faulty Product must be returned to us prior to us processing your exchange or refund.
d. To return the Product to us, please arrange to post the Product to us by registered post so that the Product can be tracked. We will reimburse you for your reasonable postage costs in returning a faulty, damaged or defective Product to us, so please keep your receipts.
e. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
9. Service Refunds and Returns
a. You have a number of rights and consumer guarantees under Australian Consumer Law, including that our Services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
b. If during the provision of our Services we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem.
c. If the Service is confirmed to have a major problem, we will re-supply the Services or refund all or part of the price of the Services (as applicable) to your original payment method. The applicable refund amount will be determined by the nature of the problem, whether the Service was delivered under a Subscription, and the degree to which you may have been partially responsible for the problem.
d. We do not offer refunds where you insisted on having the Services provided in a particular way against our advice, failed to clearly explain your needs to us or simply changed your mind.
e. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
10. Service Cancellation Policy
a. You acknowledge that, when you book a Service with us, we have reserved the time and date of the Service especially for you.
b. If for any reason you need to cancel or reschedule a Service, you must send us a notification of your intention to cancel or reschedule the Service (“Notification”) as soon as reasonably practicable.
c. The Notification must be sent via email to firstname.lastname@example.org and must include:
- your name and contact details;
- details of the scheduled Service you wish to cancel or reschedule; and (where appropriate) your desired date and time for the rescheduled Service.
d. Should you wish to reschedule the Service, we will inform you whether the desired date and time for the rescheduled Service is available. Please note that the desired date and time may be reserved or otherwise unavailable.
e. If the Notification is received by us:
- at least 24 hours prior to the Service, we will refund the full price of the Service to your original payment method; and
- 24 hours or less prior to the Service, you will not be entitled to any refund for the price of the Service.
f. Please allow up to 7 days from our receipt of the Notification for us to process any refund.
You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website or your breach of these terms and conditions.
12. Limitation of Liability
a. Except as otherwise provided at law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this Website. Any condition or warranty regarding this Website that would otherwise be implied into these terms and conditions is excluded.
b. No recommendations or suggestions made by us (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult a medical professional.
c. This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
d. To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website. Any liability in connection with this Website under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Products and/or Services or the payment of the reasonable cost of same.
13. Medical Disclaimer
a. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Program 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 online program packages 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.
b. 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 Program, 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 Program or its products and services, is at your sole risk.
14. Intellectual Property
a. Unless otherwise indicated, we own or have the rights to use:
- all copyright in this Website and its contents;
- all intellectual property, including design rights, in the Products;
- any trade names or trade marks associated with the Products and Services.
b. You must not in any way copy, reproduce, replicate or imitate any of the Products or Services without our prior written consent.
c. You must not in any way reproduce, publish, communicate or adapt any part of this Website, including any these terms and conditions, without our prior written consent.
d. We reserve all rights in relation to all intellectual property.
a. We want you to be happy with your experience, so if you have a dispute about these Terms or any of the Products and/or Services, please contact us first so that we can endeavour to resolve the dispute.
b. We may, in our absolute discretion, change these Terms from time to time without notice to you.
c. Parts of this Website may not be updated regularly and may therefore be out of date.
d. If any part of any of these Terms is void, then the part that is void may be severed.
e. These Terms, your use of this Website and the Products and/or Services and any dispute arising out of these are governed by the laws of the Victoria, Australia