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CM Fitness & Health Pty Ltd (ACN 630 009 077) (CM Fitness & Health)
1.1. In these Terms and Conditions unless expressed or implied to the contrary: -
Application means the electronic application utilized on smartphones named ‘CM Wellness’.
Client means the person names or described as client on the document.
CM Fitness & Health means CM Fitness & Health Pty Ltd.
Services means all services supplied by CM Fitness & Health to the Client including fitness and holistic lifestyle coaching for people with a disability.
2. General Conditions
2.1. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contract on the website through which the Service is provided, without express written permission by CM Fitness & Health.
2.2. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness and Timeliness of Information
3.1. CM Fitness & Health are not responsible if information made available on the website or Application is not accurate, complete or current. The material on the website/Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the Client’s own risk.
3.2. The website/Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. CM Fitness & Health reserves the right to modify the contents of the website/Application at any time but has no obligation to update any information on the website/Application. The Client agrees that it is their responsibility to monitor changes to the website/Application.
4. Modifications to the Service and Prices
4.1. Prices of CM Fitness & Health’s Services are subject to change without notice.
4.2. CM Fitness & Health reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3. CM Fitness & Health shall not be liable to the Client or to any third-party for any modification, price chance, suspension or discontinuance of the Service.
5. Optional Tools
5.1. CM Fitness & Health may provide the Client with access to third-party tools over which CM Fitness & Health neither monitor nor have any control nor input.
5.2. The Client acknowledges and agrees that CM Fitness & Health provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. CM Fitness & Health shall have no liability whatsoever arising from or relating to the Client’s use of optional third-party tools.
5.3. Any use by the Client of optional tools offered through the site is entirely at the Client’s own risk and discretion and the Client should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.4. CM Fitness & Health may also, in the future, offer new services and/or features through the website/Application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
6. Third-Party Links
6.1. Certain content, products and services available via CM Fitness & Health’s Service may include materials from third-parties.
6.2. Third-party links on this site may direct the Client to third-party websites that are not affiliated with CM Fitness & Health. CM Fitness & Health are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
6.3. CM Fitness & Health are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Client should review carefully the third-party’s policies and practices and make sure they understand them before they engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. User Comments, Feedback and Other Submissions
7.1. If, at CM Fitness & Health’s request, the Client sends certain specific submissions (for example contest entries) or without a request from CM Fitness & Health the Client sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the Client agrees that CM Fitness & Health may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Client forwarded to CM Fitness & Health. CM Fitness & Health are and shall be under no obligation to:
7.1.1. Maintain any comments in confidence;
7.1.2. Pay compensation for any comments; or
7.1.3. Respond to any comments.
7.2. CM Fitness & Health may, but have no obligation to, monitor, edit or remove content that they determine in their sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
7.3. The Client agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Client further agrees that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Client may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead CM Fitness & Health or third-parties as to the origin of any comments. The Client is solely responsible for any comments they make and their accuracy. CM Fitness & Health take no responsibility and assume no liability for any comments posted by the Client or any third-party.
8. Personal Information
8.1. CM Fitness & Health and the Client agree to keep confidential any information in relation to the other party which is not in the public domain (including, but not limited to, trade secrets, processes, formulae, accounts, marketing, information, designs, databases and all other information held in any form).
9. Errors, Inaccuracies and Omissions
9.1. Occasionally there may be information on our website/Application or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, promotions, offers and availability. CM Fitness & Health reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website/Application is inaccurate at any time without prior notice.
9.2. CM Fitness & Health undertake no obligation to update, amend or clarify information in the Service or on any related website/Application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
10. Prohibited Uses
10.1. In addition to other prohibitions as set forth in the Terms and Conditions, the Client is prohibited from using the website/Application or its content:
10.1.1. For any unlawful purpose;
10.1.2. To solicit others to perform or participate in any unlawful acts;
10.1.3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
10.1.4. To infringe upon or violate CM Fitness & Health’s intellectual property rights or the intellectual property rights of others;
10.1.5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
10.1.6. To submit false or misleading information;
10.1.7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
10.1.8. To collect or track the personal information of others;
10.1.9. To spam, phish, pharm, pretext, spider, crawl, or scrape;
10.1.10. Or any obscene or immoral purpose; or
10.1.11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11.1. CM Fitness & Health does not guarantee, represent or warrant that the Client’s use of our Service will be uninterrupted, timely, secure or error-free.
11.2. CM Fitness & Health does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
11.3. The Client agrees that from time to time CM Fitness & Health may remove the Service for indefinite periods of time or cancel the service at any time, without notice to the Client.
11.4. The Client expressly agrees that their use of, or inability to use, the Service is at their sole risk. The Service and all products and services delivered to the Client through the Service are (except as expressly stated by CM Fitness & Health) provided ‘as is’ and ‘as available’ for the Client’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.5. In no case shall CM Fitness & Health, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Client’s use of any of the Service or any products procured using the Service, or for any other claim related in any way to the Client’s use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CM Fitness & Health’s liability shall be limited to the maximum extent permitted by law.
11.6. The Client understands that Services rendered may take place in locations such as a park, council ground, home, studio or any other location. The Client agrees that they are voluntarily engaging these Services and use of these facilities, equipment and premises as mentioned above, and assumes all risks of injury, illness, or death. CM Fitness & Health will not be responsible for any loss of the Client’s personal equipment during the course of the Services.
11.7. The Client understands that any programs, involving videos of movement, offered on the Application are utilized entirely at the Client’s own risk and discretion. CM Fitness & Health is not able or required to watch or monitor the Client utilizing these programs and will not he held liable for any injury or loss caused through the Client’s discretionary use of the Application.
12.1. The Client agrees to indemnify, defend and hold harmless CM Fitness & Health and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13.1. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.
14.2. These Terms and Conditions are effective unless and until terminated by either the Client or CM Fitness & Health. The Client may terminate these Terms & Conditions at any time by notifying CM Fitness & Health that the Client no longer wishes to use CM Fitness & Health’s Services, or when the Client ceases using CM Fitness & Health’s Application.
14.3. If in CM Fitness & Health’s sole judgment the Client fails, or CM Fitness & Health suspects that the Client has failed, to comply with any term or provision of these Terms and Conditions, CM Fitness & Health also may terminate this agreement at any time without notice and the Client will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Client access to CM Fitness & Health’s Services (or any part thereof).
15. Entire Agreement
15.1. The failure of CM Fitness & Health to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
15.2. These Terms and Conditions and any policies or operating rules posted by CM Fitness & Health on the website/Application or in respect to the Service constitutes the entire agreement and understanding between the Client and CM Fitness & Health and govern the Client’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Client and CM Fitness & Health (including, but not limited to, any prior versions of the Terms and Conditions).
15.3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
16. Governing Law
16.1. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
17. Changes to Terms of Service
17.1. CM Fitness & Health reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to its website/Application. It is the Client’s responsibility to check CM Fitness & Health’s website/Application periodically for changes. The Client’s continued use of or access to the website/Application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.