TERMS & CONDITIONS

DIGITAL SUBSCRIPTION TERMS AND CONDITIONS

 

  1. By subscribing to a digital membership at Fitesque, you will have access to online workouts on the Fitesque website, other online content which is prepared by Fitesque, and the Fitesque group Facebook page.

  2. You acknowledge and confirm to Fitesque that you are over 18 years of age.

  3. The purchase of all digital memberships at Fitesque is subject to these terms and conditions.  By subscribing to a Fitesque digital membership, you agree that these terms and conditions are reasonable. 

  4. Copyright in all content on the website is exclusively owned by Fitesque. 

  5. To access your Fitesque digital membership, you will need to have reliable internet access and a suitable viewing device such as a laptop, smart phone or tablet.  You are responsible for the costs of streaming the Fitesque content to your viewing device. 

  6. Digital memberships are a month-by-month subscription, with payment in advance. 

  7. Digital memberships will auto-renew if not terminated.

  8. You may cancel your subscription at any time.   If you cancel part-way through a month, the balance of the monthly membership fee is forfeited.  You will still have access to your Fitesque digital membership until the end of that month.

  9. Payment of a Fitesque digital membership is through PayPal which uses SSL encryption.  Please refer to the terms and conditions of use of PayPal at https://www.paypal.com/au/webapps/mpp/ua/useragreement-full

  10. By subscribing for a digital membership with Fitesque, you will be granted a revocable licence by Fitesque to download and view content on the Fitesque website for your personal, domestic or household use.  You must not copy, distribute, share or modify any content on the Fitesque website for any other purpose.

  11. Digital memberships are issued to a single member only.  Therefore, your Fitesque subscription may only be used by you for the purpose for which it is intended.  Fitesque may encrypt subscriptions or require added security requirements to ensure this occurs. 

  12. Nothing on the Fitesque website constitutes, or is meant to constitute, advice to you of any kind.  If you require medical advice, see a medical professional.

  13. All online workouts are done at members’ own risk.  You need to assess whether a workout program is suitable for you, taking account of your own health and physical abilities. 

  14. When you do an online workout published by Fitesque, you must do it in a suitable location.  You may need to consider such things as whether the floor is slippery or whether there are furniture or other items which may get in the way.  You should also wear appropriate clothing, including flat-soled and enclosed footwear, so as to minimize the risk of slipping, falling or tripping over.

  15. Fitesque reserves the right to modify content and pricing on the website from time to time, in its sole discretion.  Any change to pricing will be notified in advance to members.

  16. Online workouts and other content is provided “as is” and “as available”.  Fitesque does not tailor the content to any particular member.

  17. Fitesque bears no responsibility for any injuries that arise from taking part in any online workout made available under the digital subscription.

  18. Fitesque is not liable to you (whether under contract, tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Fitesque website for any loss or damage, including loss or corruption of information or data.

  19. Fitesque reserves the right to modify content on Fitesque’s website from time to time, in its sole discretion.

  20. These terms and conditions are governed by the laws of South Australia.  The courts of South Australia and the Federal Court (Adelaide Registry) have jurisdiction with respect to these terms and conditions.

  21. The Fitesque website is provided “as is” without any representations or warranties, express or implied.  Without limiting the generality of the foregoing, Fitesque does not warrant that website will be constantly available or will be available without interruption.

  22. We operate various social media platforms including a FaceBook group.  The Fitesque FaceBook group is a forum for sharing ideas and support in the Fitesque online community.  You may post on our FaceBook group page, provided that you are polite and respectful in your posts.  The FaceBook group page, and the private message accounts of members of the FaceBook group, are not a platform for you to advertise or promote any business, commercial interest, private venture or any third-party product or service.  Posts of this nature are not permitted, and may result in you being permanently barred from the FaceBook group.   We will not tolerate unlawful, threatening, abusive, defamatory, obscene or indecent information, or material posted on our social media platforms.  Without limiting this, you must comply with the terms of use of FaceBook, at https://www.facebook.com/policies

  23. The personal opinions of any member who posts on the FaceBook group page are that person’s opinion only.  Fitesque does not endorse any such opinions.  You should not assume that any advice or other comments posted by members on the Fitesque group page constitutes professional or qualified advice.

  24. If you supply a photograph or video or other digital content to us, we reserve the right to use that content on our social media pages.  We may edit, copy or alter such content for any lawful purpose.  You acknowledge that you waive any right to royalties or other compensation for the use of your content.

  25. To the extent permitted by law, you release Fitesque and its directors, officers, agents and employees from any liability to you in connection with your Fitesque digital membership.

  26. You indemnify and agree to hold harmless Fitesque and its directors, officers, agents and employees from any liability arising in connection with your Fitesque digital membership, except to the extent that such liability arises from Fitesque’s negligence.

  27. Fitesque reserves the right to terminate a member’s subscription if the member does not comply with these terms and conditions.

  28. Nothing in these terms excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.  

  29.  Fitesque Weight-Loss Money Back Guarantee

a. Fitesque guarantees that members will lose a minimum of 3 kg by the end of the 6 week challenge, on the terms of this clause 29.

b. For the guarantee to apply, members must adhere to the following requirements:

i. The member must comply with the Fitesquefood plan and workout schedule during the 6 week challenge;

ii. The member must provide their weight measurements to Fitesque as and when required by Fitesque, namely, by recording on video their weight measurements on day 1 of the challenge, and again on the last day of the challenge; and 

iii. The member must notify Fitesque of their intention to claim the refund under the guarantee within 7 days of the end of the 6 week challenge period.

c. If the member satisfies Fitesque that she has met the requirements under paragraph (b), but has not achieved a weight loss of 3 kg or more over the 6 week challenge period, then Fitesque will fully refund the challenge fee to that member. 

PRIVACY POLICY​

  1. This Policy applies under the Australian Privacy Principles. 

  2. This Policy sets out how Fitesque collects and processes Information about you, when you engage with us.   For example, if you visit our website; use our apps on mobile phones; or access our social media where this Policy is posted.  By continuing to engage with us, you consent to your Information being collected, processed and/or shared in accordance with this Policy.

  3. We collect two types of information: Personally Identifiable Information – this is any information that, by itself, identifies you or would easily enable someone to contact and/or identify you, such as your name, email address or phone number; and Non-Personally Identifiable Information – this refers to all other information about you that you may provide to us or that we may collect from you.  In this Policy, both kinds are known as “Information”.

  4. You may actively give us Information about yourself when you create an account and become a Fitesque member (“Subscriber Account”) with us; respond to a customer survey; email us; or post on any of our social media in a public forum.  In this Policy, these types of engagements with us are known as “Engagements”.

  5. The Information that you provide may include, but not be limited to, your name, gender, date of birth, email address, telephone number, delivery address, billing address and payment information, and login and password.

  6. Please note also that Information you disclose in public chat and similar forums is accessible by anyone, including third parties not bound by this Policy.

  7. In any Engagements by you, we may also automatically collect the following Information even if you have not actively given it to us: your IP address, log-in information, location information (for example, via GPS or Wi-Fi), browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from one of our Engagements, products and/or content you viewed or searched for, download errors, length of visits to certain pages and page interaction, and in the case of our mobile Engagements, the other Engagements you have downloaded and how you use those Engagements. We collect Information automatically through the use of various technologies, including through cookies.

  8. We acquire Information from other trusted sources (including, for example, business partners, advertising networks, and social media), and from other entities and affiliates, to update or supplement the Information you provided or we collected automatically.  This includes Information from your social media account when you grant us access to your social media account in connection with, for example, creating a Subscriber Account with us. Where permitted by law, we may combine this Information we receive from other sources, and with Information you give to us or that we collect about you. If you have created a Subscriber Account on one of our Engagements, you can contact us to receive a copy of the Personally Identifiable Information we collect from you via your Subscriber Account and correct, amend, or delete Personally Identifiable Information that is inaccurate. You may also close your Subscriber Account altogether.

  9. It is your responsibility to ensure that you submit true, accurate and complete Information via your Subscriber Account and keep it up to date. You may also update your Personally Identifiable Information by contacting us through the contact details provided below. Please make sure to include your name, username, and post code in your initial correspondence; this helps us protect the details and preferences on your Account from unauthorised access.

  10. We may use your Information for the purposes of enabling you to use our Engagements, enabling us to fulfil orders you make (such as for products, services or newsletters), to send you marketing materials, and provide content and experiences.

  11. We may also use the Information we collect to administer our Engagements for internal purposes, including troubleshooting purposes; optimise or improve our products, services, operations, and Engagements; as part of our effort to keep our Engagements safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to communicate with you about your Account or transactions with us and send you information about features on our Engagements or changes to our policies; to provide you with advertising based on your activity on our Engagements and on third-party sites and Engagements; to make suggestions and recommendations to you and other users of our Engagements about goods or services that may interest you or them; and to detect, investigate and prevent activities that may violate our policies or be illegal.

  12. As noted above, we, and selected third parties with whom we share your Information, may use your Information for direct marketing purposes, including to provide updates, newsletters, events or other communications that we think may interest you. Where required by law, your prior consent will be obtained before we send direct marketing. 

  13. In any event, we will offer you the option to unsubscribe from electronic marketing materials. If you do not wish us to share your Personally Identifiable Information with third parties for their marketing purposes, please contact us by way of the contact details provided below.

  14. We apply appropriate security measures aimed at protecting your Personally Identifiable Information that is under our control from unauthorised access, collection, use, disclosure, copying, modification or disposal. We will notify you in compliance with applicable law regarding any data breach. Where you have a password that enables you to access our Engagements, you are responsible for keeping this password secure and confidential. Please be advised that we may retain some personal information after you delete your Subscriber Account, for example if necessary to meet our legal obligations or for tax and accounting purposes.

  15. The features, programs, promotions and other aspects of our Engagements requiring the submission of Personally Identifiable Information are not intended for young children. We do not knowingly collect Personally Identifiable Information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed Personally Identifiable Information to us please contact us by way of the contact details below.  A parent or guardian of a child under the age of 16 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use of that Information.

  16. We may use third party tools to make the advertising we show you on our Engagements and/or our partner websites more relevant and interesting to you. For this purpose, we use cookies, flash cookies, web beacons or similar technologies to collect Information about your browsing behaviour, and deliver interest-based ads to you. A cookie is a text file containing small amounts of information that a website can send to your browser, which may then be stored on your computer as a tag that distinguishes your computer but does not name you. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies; however, if you do this, some of the features of our Engagements may not work properly. You can also reject certain cookies served through Engagements by opting out on the website of the third party placing the cookie, which you can identify through your browser.

  17. This Policy was last updated in December 2019. A notice will be posted on our Engagements for 30 days whenever this Policy is changed in a material way. By continuing to use our Engagements you confirm your acceptance of the relevant changes.

  18. If you believe that we have breached the Australian Privacy Principles or this Policy, or you have any concerns about how your Information will be used, please contact us by way of the contact details provided below. We will respond to your complaint within 30 days. If our response does not satisfy you, you may apply to the Office of the Australian Information Commissioner.

  19. We do not anticipate that any Information is likely to be disclosed to overseas recipients in countries within which we do not operate.

  20. If you have a question or concern about this Policy or our handling of your Information, you can contact us at: accounts@fitesque.com