These Terms apply to the use of www.traineroncall.com.au (“Website“), including the use of the content, services or applications made available to you via the Website.
By accessing the Website you agree to be bound by these Terms. If you do not accept these Terms, please discontinue using the Website. These Terms must be read in conjunction with any other applicable terms and conditions of use governing the use of the Website.
By accessing or using the Website, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using the Website.
Definitions
“Trainer on Call” means Naturally Trim (ABN 77 489 162 703) (also referred to herein as “we”, “us” or “our”);
“Content” means the written, visual and audio content published on or made available through the Website or as part of the Subscription;
“GST” means any applicable goods and services tax;
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not;
“Subscription” means your registration to the Trainer on Call member portal made available via the Website, including but not limited to, the online training sessions made available on Zoom;
“Terms” means these terms and conditions of use;
“Website” means the website www.traineroncall.com.au and any other websites on which these Terms appear; and
“you” means the person, jointly and severally if more than one, using the Website or purchasing the Subscription.
Application of the Terms
1. The Website is owned and operated by Trainer on Call.
2. Through the Website you can:
(a) register for a Subscription; and
(b) access the Content.
3. We may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
4. We reserve the right to vary or modify the Content, Subscription or other information contained on or available via the Website and to change or discontinue any feature or part of the Website, without notice and without liability.
Registration
5. You may be prompted to submit certain information in order to register for a Subscription (“Registration Information”). The Registration Information may include, but is not limited to, your name, contact details and payment details.
6. You are responsible for the content of all Registration Information entered via the Website. All Registration Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Registration Information as required.
Security of Information
7. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
8. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
9. You acknowledge sole responsibility for and assume all risk arising from your use of the Website.
Privacy
10. We are committed to protecting your privacy. Please refer to our privacy policy for details regarding what types of personal information we collect and how we process personal information, which can be found at https://traineroncall.com.au/privacy-policy/ (“Privacy Policy”).
11. The provision of Personal Information and your continued use of the Website constitutes your approval for us to collect and process our Personal Information in accordance with our Privacy Policy.
12. We reserve the right to change the Privacy Policy from time to time. Please visit the Website regularly and check our current Privacy Policy.
Disclaimer
13. We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Website (“Information”) or that it is suitable for your intended The Information is provided by us in good faith on an “as is” basis without warranty of any kind.
14. We do not warrant or represent that the Information or the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Website, the Subscription and Information is at your own risk.
15. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of the Website, the Subscription or the Information is expressly excluded to the maximum extent permitted by law.
16. To the extent permitted by law, we make no warranties, guarantees or representations that the material in the Content will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
17. We may update the Website from time to time, and may change the Information or Content at any time. Please note that any of the Information or Content on the Website may be out of date at any time, and we are under no obligation to update it.
18. Use of the Website requires compatible devices, internet access and certain software and may require periodic updates. You agree that these requirements, which may change from time to time, are your responsibility.
19. You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Website and the Subscription, including in particular any network charges for fixed or mobile internet use.
20. We provide no warranty as to any results or outcomes associated with registering for a Subscription.
Limitation of Liability
21. The Terms set out our entire liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms, the purchase of any Subscription and your use of the Website generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
22. We will in no way be liable to you or any other party for any:
injury, loss or damage arising out of or related to the use (or the inability to use) the Website, a Subscription or the Content provided on the Website;
direct, indirect, incidental, special or consequential loss or damage, including personal injury, loss of programs or data, loss of business, loss of opportunity, business interruption, adverse effect on reputation and/or goodwill or lost profits, to the extent permitted by law; or
loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Subscription or Content or other material or data from or on or made available via the Website, or for any use of or reliance on any Subscription or Content.
Notwithstanding the above, nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified, or your rights or remedies against us for failure of a statutory guarantee under applicable law.
Pricing and Payment
23. When you make a payment on the Website, you agree to pay the relevant fees using a valid payment method.
24. All prices displayed on the Website are exclusive of GST or any other value added tax unless stated otherwise.
25. Payment must be made immediately prior to confirmation of your order. Confirmation of purchase will not be provided until payment is received by us.
26. All payment is made through one of these third-party payment systems: Stripe, Inc. (Stripe) or QuickBooks. You must abide by any terms and conditions applicable to Stripe and QuickBooks, as the case may be.
27. The price applicable for registration to a Subscription, or in relation to the purchase of any goods or services on the Website, will be the price advertised at the time you complete your purchase. We reserve the right to increase or amend our prices from time-to-time without notice.
28. We may run promotions and sales on our Website, including for our Subscriptions. Any discounts provided are done so at our sole discretion, and we reserve the right to end a promotion or sale at any time without notice.
Cancellations and Refunds
29. If we are unable to deliver or provide the Subscription then we may cancel your order (even if it has been accepted) by written notice to you. In such circumstances, we will refund to you the purchase price.
30. No purported cancellation or suspension of an order or any part of it by you is binding on us once the order has been accepted and payment confirmed.
31. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
32. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
33. Subject to above, 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.
Intellectual Property
34. Unless otherwise stated, Trainer on Call or its licensors own the intellectual property rights for all material on the Website and Subscriptions. All intellectual property rights are reserved.
35. You may view the Website and access the Content for your own personal use subject to restrictions set out in these Terms.
36. You must not:
republish material from the Website;
sell, rent or sub-license material from the Website;
reproduce, duplicate or copy material from the Website; or
redistribute content from the Website
37. All trade marks and trade names which appear on the Website are proprietary to Trainer on Call and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing on the Website or Subscriptions should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
Hyperlink to our Content
38. The following organisations may link to our Website without prior written approval:
government agencies; search engines; and news organizations.
39. We may, in our sole discretion, consider and approve link requests from the following types of organisations:commonly-known consumer and/or business information;com community sites; associations or other groups representing charities, including charity giving sites; online directory distributors;internet portals; and educational institutions and trade associations.
40. If approved by us, the organisations listed above may link to our Website so long as the link:
is in no way misleading;
does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
fits within the context of the linking party’s site
41. If you are among the organisations listed in clause 39(a) – (f) above and are interested in linking to our Website, you must notify us by sending an e-mail to paapa@traineroncall.com.au. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link.
42. Approved organisations may hyperlink to our Website as follows:
by use of our corporate name; or
by use of the uniform resource locator (web address) being linked to; or
by use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
43. No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.
44. We reserve the right at any time to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request.
Third Party Material
45. You may be able, through hypertext or other links on the Website to gain access to websites or materials which are not owned or operated by us (“Third Party Material“). Unless otherwise specified, the Third Party Material is not owned or controlled by Trainer on Call.
46. The Third Party Material may have different terms and conditions and privacy requirements. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Material that you access.
47. You agree that we are not responsible for examining or evaluating the content or accuracy of the Third Party Material.
48. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Material.
49. You agree that you will not use any Third Party Material in a manner that would infringe or violate the rights of any other party and that Trainer on Call is not in any way responsible for any such use by you.
Spam
50. The publication of any Trainer on Call email addresses on the Website is to facilitate communications relating to the Website, Subscriptions and Content supplied by Trainer on Call. It must not be inferred as consent by Trainer on Call to receive unsolicited commercial electronic messages.
Service Maintenance
51. You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Website, or the Subscriptions, Content or Information made available via the Website while we fix defects and errors in the Website, install updates and undertake general diagnosis and maintenance of the Website or undertake emergency maintenance, and that as a result of which the Website applications may be less accessible or unavailable to you from time to time.
Miscellaneous
52. These Terms are governed by the laws of Victoria, Australia. By accessing and using the Website, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia. If you access the Website from other jurisdictions, you are additionally responsible for compliance with local laws.
53. Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
54. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
55. If you have any questions or concerns, you may contact us at paapa@traineroncall.com.au