GENERAL: This page sets forth the Terms and Conditions (hereafter “Terms”) under which you may use or access this Website. By accessing this Website and purchasing products thereon, you will be deemed to have agreed to these Terms. Please read these Terms carefully before purchasing or using online personal training services or products offered by Elizabeth Soulos Fitness (hereafter “Elizabeth Soulos Fitness”). If you do not accept the Terms and Conditions stated herein, do not use the Site. We may revise these Terms at any time by updating this page. We encourage you to visit this page periodically to review the Terms because they bind you. These Terms and Conditions constitute a binding legal agreement (hereinafter “Agreement”) governing your use of personalized training services and supersedes all previous representations, negotiations and/or agreements between the parties.
DEFINITIONS AND INTERPRETATIONS In these Agreement, unless the context requires otherwise, the following terms shall have the following meanings: “we”, “us”, or “our” refers to Elizabeth Soulos Fitness, an online personal fitness consulting company/business entity with Australian Business Number 31 639 200 503. “Client” refers to a person who has ordered, purchased or subscribed to any personalised fitness training program, service or product from elizabethsoulosfitness.com.au whether physically or electronically. “Intellectual Property” refers to any and all intellectual property and tangible medium thereof including, without limitation, rights of any kinds in ideas, artistic works, graphics or images, text, audio or visual works, design, user interface, trade secret, trade or service mark, patents, inventions and discoveries and other works of authorship whether tangible or not which incorporates or symbolises any of the rights referred to in this definition. “Elizabeth Soulos Fitness” refers to the business owned and operated by Elizabeth Soulos, a sole trader registered in New South Wales, Australia. “Material” refers to any information including without limitation, text, image, audio, audio-visual and video. “Product” refers to, without limitation, the provision by Elizabeth Soulos Fitness of personalized fitness training programs, workout plans, training materials and related products. “You” or “Your” refers to a Client who orders or purchases any Service provided by Elizabeth Soulos Fitness.
INTERPRETATION: In these Terms, unless the context requires otherwise:
Words indicating the singular only also include the plural and vice versa, where the context so requires;
The headings of the paragraphs are for convenience only and shall not affect their interpretation;
A reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted, consolidated and all statutory instruments or orders (including delegated legislation whether by way of rules, notifications, bye-laws and guidelines);
A reference to a Policy, guideline or regulations means reference to policy, guideline or regulations provided by Elizabeth Soulos Fitness as part of this Website.
A reference to a person includes an individual, a partnership, joint venture, corporation or governmental agency.
ACCESS AND REGISTRATION:
Most of our website is provided on an open access basis but you may need to register and create a user account and/or pay to use some areas.
Upon registration, we will issue you with a username and password or other access controls for certain parts of the website. Such information is confidential and for personal use only. You agree to maintain confidentiality and security of your user account. You must not disclose or allow any person to use your login information. If you believe that your password or other account access control is no longer confidential, you must notify us promptly.
CUSTOMISED ONLINE TRAINING PROGRAMS:
To create a workout that suits your needs, we may require you to provide us with information relating to your weight, height, illness or such other information which may be necessary to design an effective personalised training program. We may ask for that information through email or fill out form on the Site.
Our website provides specifications for various personalised training programs and each program or product contains a description of cost and duration. All products and programs offered on the site shall be delivered in conformity with the stated specifications.
Orders for products on the site are placed by adding products on the shopping cart, filling out your email, credit card and billing information and clicking “Confirm/Check Out” button when you are ready to purchase your product.
When you click “Confirm/Check Out”, your order will be processed and you will receive an order confirmation message through the email address you submitted when placing the order. Please be sure to submit a correct email address which you have regular access to.
PAYMENTS AND PRICING:
Except where specified otherwise, all amounts quoted are stated in Australian dollars.
Unless otherwise specified on the order, all prices charged for the products or services offered on or through the Site are inclusive of Australian General Service Tax.
When you order or purchase a product or service on our Site. You agree to pay the purchase price in effect at the time when such charges are incurred. Please note that prices for our products are subject to change without notice. Elizabeth Soulos Fitness shall not be liable to you or third party for any price change.
We accept payment the following methods of payment: American Express, Master Card, Pay, PayPal and Visa. These payment options to Elizabeth Soulos allow for immediate payment processing and security of personal information.
For all purchases made on our site, you agree to:
Pay using a valid credit card or such payment methods accepted by us.
provide us with accurate, current and complete billing information as required when placing orders including for instance your full legal name, street address, email address and telephone number and credit card information
Pay any fees, costs, charges and/or taxes as which applies to your Purchase.
When payment is confirmed, we will deliver your order to the email address provided by you at the time of purchase.
We shall not be liable delays in delivery caused by unforeseen circumstances beyond our reasonable control including without limitation business interruption or act of third parties.
All sales with respect to digital products and media delivered via site are final and, without exception, no refunds shall be made as regards those sales.
INTELLECTUAL PROPERTY RIGHTS
You agree that our products including our website, eBooks and/or training guides and materials made available to you hereunder contains information protected by copyright and other intellectual property rights. We provide such information and products for personal non-commercial use only and we want you to be able to use and enjoy them in a fair and reasonable way. You must not reproduce, sell, publish, upload, transmit or otherwise disseminate them without permission from Elizabeth Soulos.
EXTERNAL LINKS TO AND FROM THIS SITE
At times, our site may contain links to external websites offering third-party products or services. Those sites have their own information collection policies. We do not monitor or regulate such site and the content, products or services provided thereon. Please review those third party site’s terms and conditions and privacy policies before proceeding use or interact with them. Elizabeth Soulos Fitness shall not be legally responsible for any actions taken or performed through external linkages.
To the fullest extent permitted by the law, Elizabeth Soulos disclaims all warranties, be it express or implied, with regard to products, materials and information accessed or relied upon from or via this Website, including without limitation, products, media, materials or services provided on or through the Website. Elizabeth Soulos Fitness does not warrant that the Website or its content or the products and services made available thereon will be timely, secure, fit for particular purpose, uninterrupted or error-free or that those defects will be corrected. We make no warranty that the Website will meet users’ expectations or requirements. No advice or representation from us, oral or written, shall create any warranty not expressly made herein. Elizabeth Soulos Fitness shall not be responsible for any damages, losses, costs, expenses, liabilities or repercussions as may be suffered or incurred to you personally or your party be it acutely direct, incidentally indirect, consequential or relative in nature and/or any harm or repercussion regarding or pertaining to personal injury, damage or material breach which may arise from or in connection with your interaction, transaction, access or use of the Site and/or products, materials or information provided thereon.
EXCLUSION AND LIMITATIONS OF LIABILITY
No professional medical advice: The training guides, e-books, information, consultation and other materials provided by Elizabeth Soulos Fitness is provided for general information purposes only, with no warranty or guarantee of any kind, and are not meant as substitute for professional medical advice. Before carrying out any activity programs proposed by Elizabeth Soulos Fitness, you should consult a competent medical practitioner or health care provider and obtain advice suitable to your particular circumstances. Nothing in this Website shall be construed as creating a fiduciary or advisory relationship between the parties and we accordingly disclaim all liabilities suffered or incurred as the result of reliance on any information or material obtained or purchased on this Site.
Risks: You acknowledge that participating in some of our fitness training entail certain dangers and risks for individuals with pre-existing health conditions. You agree that you will not participate in any of our fitness programs or dietary plans if you are of poor health or have an existing mental or physical condition. If you elect to participate in our programs notwithstanding, you do so at own sole risk and assume full responsibility for any harm, damage or negative side effect associated with your participation.
Injuries: You acknowledge and accept that there are risks of injury associated with any physical activity including when participating in activities or following instructions or guidance provided or made available to you by us. You may get injured during training particularly if you don’t follow training instructions carefully. If you choose to participate in our online fitness programs, whether you are in good physical conditions or otherwise, you do so at your own risk and volition and you accept dangers and risks associated with such programs and you shall be personally responsible for any injury, harm or death suffered in connection with participation in programs so offered.
No specific results guaranteed: Elizabeth Soulos Fitness provides personalized workout plans in good faith and for informational purposes only. We exercise reasonable care and skill to make sure that workout plans for Clients produce generally anticipated results. If you implement our personalized fitness training plans properly, you can achieve incredible results. Nevertheless, you understand that actual results depend on a range of factors including your own motivation to implement the programs as well individual’s biological characteristics. It is possible for a client to implement our customised training program and dietary plan and not get expected results. We cannot control such things and you agree that we shall not be responsible for your failure to loose fat or gain muscle or achieve certain specific result.
Testimonials: Testimonials on the Website are real feedback from our clients. Nonetheless, we must point out that these testimonials do not warrant or represent guaranteed results ensuing from our personalized training and dietary plans. Such testimonials simply demonstrate what the typical motivated client can achieve after implementing our personalized fitness programs. Actual results will vary from person to person and customer testimonials should not be construed to mean that Elizabeth Soulos Fitness warrants, guarantees or assures, explicitly or impliedly, for any definite or immediate results.
Accuracy of information and Site Access: Elizabeth Soulos Fitness assumes no responsibility whatsoever for inaccuracy, incompleteness or timeliness of the information provided on or through this site. We provide information and guidance for general information purposes only and you rely on it at your own risk. Please consult other sources before taking or refraining from taking action or decision on the basis of information or materials provided herein. Although we take reasonable action to make sure that our guides, eBooks and information are accurate. You acknowledge that we cannot check every error or inaccuracy that may appear on the Site or product. We must disclaim the accuracy, completeness, timeliness and reliability of information that may appear on the site. Please note that our website may not be available at all times. It will be inaccessible during periodic maintenance or be unavailable for other technical reasons
Reasonableness: You agree that the exclusions and limitations of liability and disclaimers set out in these Terms or on the Site are reasonable. If you do not think they are reasonable, you should not use this website.
No waiver of rights: If you are in breach of these terms and we do not take action against you, we reserve the right to take action against you afterwards or if you breach the same term or condition on another occasion or if you breach a different term.
Severability: In the event that any of the provision of these Terms is, for any reason, held to be invalid, unenforceable or illegal in some way, such invalidity, unenforceability or illegality as the case may be shall not affect the remaining provisions of these Terms.
Applicable Law: These Terms and Conditions are governed by relevant laws of the State of New South Wales, Australia without regard to its conflict of law provisions and parties agree that any claim or dispute arising in connection with this Agreement must be handled exclusively in courts of New South Wales, Australia. By accepting this Agreement, you are agreeing to waive any claims with respect to inconvenient jurisdictional venue or forum.
No assignment: Only you and us have the right to enforce any provision under these Terms.
Entire agreement: You agree that these Terms, as amended in accordance with paragraph 1 above, and any document or policy referred to in it, represent the entire understanding between us relating to your use of our website, products and services. Any changes to this agreement must be in writing and agree by both parties.
Changes to these Terms and Conditions: We reserve the right to modify or update these Terms, including discontinuing any product or service or part thereof, at any time without prior notice. We accept responsibility to any party for such modification, suspension or discontinuance of the Product or Service. Please check this page regularly to review the updated version of this Terms and Conditions,
Contact us For any inquires, questions or claims regarding the Site, our products or these Terms, please email us at [email protected]