1. AGREEMENT

This DIYPT Transformation fitness program provided by Eyes on the Prize PT Pty Ltd  at websites www.diypt.com.au and any other related mobile applications (together, the Website) are owned and operated by Eyes on the Prize PT Pty Ltd (ABN 43 606 570 969) of Sydney, NSW TEL: +61(0) 404 832 825 (DIYPT, we, us, our). Term (you, us, I, your) means User within agreement.

By clicking "I accept", you agree to be personally bound by the Terms of Use within this agreement, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), should you be registering on behalf of a minor.

By clicking "I accept", you represent and warrant that you are 18 years or older (or the age of majority in your jurisdiction, if minor is not 18), and you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website and it’s associated programs, including the use of the information services provided through this Website.

Upon registration as a member, you will create a username and password to access your account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

Registration as a member covers a set time frame, once you initiate the relevant program of choice, your 13 (Thirteen) week program will begin and close 13 (Thirteen) weeks later. Should you become sick and/ or injured, you must produce a doctor’s certificate and notify DIYPT that you require the program to be put on hold until you have been cleared from the doctors to resume training.

Should you wish to pause your program for any other reason, notify DIYPT and you’ll be able to put your program on hold with no extra cost for 4 weeks. Thereafter you’ll incur a fee of $15 per week.

Furthermore, in the period your program is paused and you still would like to attend our Triple B sessions, you’ll have to pay $15 per session.

Your program will unlock each week over the duration of the course, and all downloadable content associated with your program will be available until the Sunday 11:59 PM AEST of the final 13 weeks.

DIYPT will provide you with your very own set of exercise equipment to help you succeed in our program.  All equipment will be used at users risk. Please note this will be delivered within Australia only. There are no international shipments of equipment, therefore should user register from outside Australia, DIYPT will not be held accountable for providing such equipment. We will, however, give you a list of equipment you will need for your program.

If you, or a user on whose behalf you register (including a minor), breaches the Terms of Use, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you and others acting in concert with you. Further you acknowledge that DIYPT is entitled to suspend or terminate your use of the Website or membership at any time if DIYPT considers that you have brought, or may bring, the reputation of DIYPT or its members into disrepute.

If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.

2. PAYMENT AND REFUNDS

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service will be subject to receiving payment upfront or ongoing weekly payments via  EzyDebit. For the avoidance of doubt, by placing an order, you make an offer to purchase the relevant subscription and program that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.

All prices outlined are in Australia Dollars (AUD).

Upfront and weekly ongoing payment transactions will be made using  EzyDebit  payment gateway. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

For Users in the United States, we do not need to collect and remit sales tax in connection with the sales of goods and services, however will provide an invoice to you for your goods purchased where applicable and required by U.S. or state law.

All fees are non-refundable and are non-transferable between rounds, unless:

1.      during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at support@diypt.com.au, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter etc); or

2.      we agree to issue you with a refund in accordance with the clause (variation) below.

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.

Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.

All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full 13 weeks).

Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

Requests for changes to your program

If required, you can make one request to change your program only if the request is received via email to support@diypt.com.au within the first 6 weeks of the program start date. Any subsequent changes or requests made after the first 6 weeks of the program, will incur an Admin fee of $129 AUD. A request will only be valid once per 13 week program.

In both scenarios above you will receive a new program and will start from week 1. Also, this is irrespective of whether you paid upfront in full or on a weekly payment plan.

Payment options (Inc GST):

Weekly

$32 (AUD)

Weekly program released

Upfront

$416 (AUD)

13 weeks online program

 

*GST = Australia tax

3. CONDITIONS OF USE OF SITE

Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

 

 

Our Service

Our service shall be delivered as described  on our website. You acknowledge and understand that access to any specific trainer is not in person.

Information Provided on Website

All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

The DIYPT team includes experts on nutrition and fitness. Our experts may receive requests from members about that member's specific circumstances.  Our experts may provide health, fitness or nutritional information for educational purposes.  They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources.  For example a member who has diabetes may be referred to http://www.diabetes.org/.  Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by DIYPT.

Nutritional Information

Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content, the US Department of Agriculture National Nutrient Database and food manufacturers where applicable. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010. However, none of FSANZ, DIYPT or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.

There are limitations associated with food composition and nutritional information databases. Nutrient data published in a database such as NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.

Where a meal plan is being provided to you, the meal plan will be generic and must be tailored by you in order to manage any allergies you may have against certain foods that may be described within the plan. DIYPT cannot be held accountable for any foods consumed by User where mentioned within the plan and not altered as per Users dietary needs.

Recommendations and Test Results on the Website

Certain parts of the Website may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website.

Fitness Level

You must be in a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

·         pregnant women;

·         women who are breastfeeding;

·         persons with any ongoing physical condition proscribing exercise or physical activity:

·         persons suffering from cancer or other long term illness;

·         persons with liver disease, kidney disease, or renal failure;

·         persons with eating disorders;

·         persons with diabetes, blood pressure or cholesterol issues;

·         elderly persons;

·         persons recovering from or recently recovered from illness or injury; and

·         persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any "recreational services" or "recreational activities" (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Safe Enviornment to Workout

It is the responsibility of the user to ensure there is adequate space in order to participate in the activities outlined in the procured program(s). DIYPT is not responsible for providing space to perform the activities outlined in the programs. DIYPT are not to be held accountable for any injuries that may occur due to lack of space, or instability of further equipment used by User such as furniture in the home or public spaces and equipment (e.g. benches) etc.

Quality of the Website

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

By way of example, there may be feeds from DIYPT Instagram or Facebook pages which are for educational purposes only and are not intended as a substitute or replacement for professional medical advice, diagnosis, treatment, or rehabilitation.  These messages could contain a range of content: marketing materials, testimonials, recipes, encouragement to members, and interesting articles on third party sites.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at support@diypt.com.au. We may investigate the claim and take appropriate action, in our sole discretion.

Non-DIYPT Products or Services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from DIYPT. If in the opinion of the DIYPT members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then DIYPT reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Limitation of liability

Indirect and Consequential Loss

To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

1.      if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or

2.      if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

The limitation of liability set out in the Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

4. INDEMNITY

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us or any third party, which arises as a result of your breach of these terms in your use of the Website.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

1.      sharing the content of this Website or your account with other persons;

2.      publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;

3.      using the logo or trade marks of this Website, the phrase "Eyes on the Prize PT” or “DIYPT. Your Fitness. Anytime. Anywhere. ” (or anything substantially identical or deceptively similar), DIYPT website likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);

4.      registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Jonathan Guico; and

5.      systematic downloading or "scraping" of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

a.       the frequency and nature of any downloads; and

b.      the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

For Users in the United States: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web Site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA at support@diypt.com.au.

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyright, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

6. USER-GENERATED CONTENT

This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither DIYPT nor you may be able to control the further disclosure and publication of that User Content.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

1.      you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;

2.      you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);

3.      you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and

4.      to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

In addition you agree not to post, upload, publish, submit or transmit any information or materials that:

·         infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

·         violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

·         is fraudulent, false, misleading or deceptive; 

·         is defamatory, obscene, pornographic, vulgar or offensive;

·         promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

·         is violent or threatening or promotes violence or actions that are threatening to any other person; or

·         promotes illegal or harmful activities or substances.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at support@diypt.com.au.

7. PERMITTED USE

We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

1.      you are legally responsible for all User Content you submit;

2.      under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;

3.      we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

4.      you will not:

a.       provide links or sell programs from DIYPT to others which may infringe intellectual property rights;

b.      post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

c.       bypass (or attempt to bypass) any security mechanisms imposed by the Website;

d.      harvest or collect email addresses, photographs or personal information of other users;

e.       impersonate any person or entity;

f.        post or transmit false or misleading material or make any form of misleading or deceptive representation;

g.       knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

h.      exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);

i.        provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or

j.        delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;

5.      collect information about the Website or users of the Website without our written consent;

6.      modify, frame, rendering (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without our written consent;

7.      use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

8.      disguise the origin of information transmitted to, from, or through the Website.

9.      impersonate another person or user (including logging onto the Website and/or utilizing our services via an account other than your own);

10.   distribute viruses or other harmful computer code;

11.   use the Website for any purpose in violation of local, state, national, international laws;

12.   use the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or

13.   circumvent any measures implemented by us aimed at preventing violations of the Terms of Use.

14.   at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or to review, monitor or edit any information or materials submitted by users, but has the right to do so for the purpose of operating the Website, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any user account or profiles, at its sole discretion, if we consider it to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the Website.

8. LINKED WEBSITES

The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

9. VARIATION

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or DIYPT members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

1.      received notice of such changes when we place a notice on the Website setting out the changes; and

2.      agreed to the Terms of Use as varied the next time you access your account after we publish the notice on the Website.

If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing support@diypt.com.au and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.

10.MARKETING MATERIAL

 In registering for access to the program(s) found on the DIYPT website, DIYPT may request before and after progress pictures for marketing material. By providing such material you grant DIYPT the use of such material on the website or other applications such as Facebook and Instagram at no financial gain to yourself. DIYPT will however comply with all Data Privacy requirements as applicable by relevant in country laws and as outlined in the Data Privacy Terms.

Purchasing this program you automatically accept to receive our monthly newsletter which keeps you updated with hot topic information in health and fitness for that month. And accept to receive other marketing material and promotions from us.

11.PERSONAL INFORMATION COLLECTION NOTICE

In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

We will store all majority of the personal information that we collect from you in Australia.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Our Privacy Policy can be viewed in full as an appendix to these terms. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

12. SEVERANCE & TERMINATION

DIYPT may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

13. SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement: "disclaimer", "limitation of liability", "indemnity", "intellectual property" and "user-generated content".

14. GOVERNING LAW & FORUM SELECTION/JURISDICTION

Use of this Website, your account, any purchases made through this Website, and any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, or purchases through the Website shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

Jurisdiction and venue for any dispute shall be in Sydney, Australia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision unenforceable, the jurisdiction and venue shall instead be in your home county of residence.

15. CLASS ACTION WAIVER

Both you and DIYPT waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by a dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into

16. GENERAL

These Terms of Use constitute the entire agreement between you and DIYPT and governs your use of the Website and supersedes any prior version of these Terms of Use between you and DIYPT with respect to the Website.

The failure of DIYPT to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or relinquishment to any extent of DIYPT's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms of Use is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.

You may not assign any of your or our obligations under the Terms of Use without our prior written approval. Any purported assignment in violation of this section shall be void. We reserve the right to use third party providers in the provision of the Website and/or the goods, services and/or materials associated therewith. Any and all rights not expressly granted herein are reserved by DIYPT.

Except where otherwise specified, DIYPT may deliver notice to you by means of electronic mail, a general notice on the Website or by other reliable method.

If you have any questions about the Terms of Use, please contact support@diypt.com.au