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Website Terms & Conditions

1. FlowFit Website Terms & Conditions

The FlowFit website at https://flowfit.live, the mobile application FlowFit Challenge and associated forums and social media pages including Facebook and Instagram (together, referred to as the Website) are owned and operated by RHUBARB GROUP PTY LTD T/A FlowFit Challenge (ACN 653 651 855) of NSW, Australia (“FlowFit”, “FlowFit Challenge”, “we”, “us”, “our”).

The Website provides an online fitness community and related services, content and features through the Website.

By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside) , if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, including the use of the information services provided through this Website and any services provided by us to you through the Website.

Upon registration as a member, you will be provided with a password and account. You must not disclose your password 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.

If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that FlowFit is entitled to suspend or terminate your use of the Website or membership at any time if FlowFit considers that you have brought, or may bring, the reputation of FlowFit 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. Conditions of use of Website

2.1 Seek advice from Medical Professional

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 or provided by FlowFit Challenge is intended to be used as medical advice and is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions), or be used as an alternative for obtaining a medical diagnosis or treatment 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 your purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning any medical condition or injury you may have, and any interaction it may have with any exercise program or nutritional plan provided by FlowFit Challenge.

2.2 Fitness Levels & No Substitute for Medical Advice

In conjunction with the meal plan and advice provided on the Website, we recommended that you exercise regularly. 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 and women who are breastfeeding or who are trying to conceive a child;

      • persons with any ongoing physical condition such as:

           

            • 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 is included as part of the information service.

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWFIT CHALLENGE WILL NOT BE LIABLE FOR INJURY OR DAMAGE SUSTAINED BY YOU IN VOLUNTARILY FOLLOWING ANY EXERCISE PROGRAM OR REGIME, OR NUTRITION PLAN, PROVIDED BY FLOWFIT CHALLENGE.

      If at any point when exercising you experience pain, especially in your lower back or spine, or chest pains, you should stop the activity immediately and seek medical advice and attention before continuing. 

      2.3 No Supervision

      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.

      2.4 Exclusion of Liability

      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), 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, and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. Where you have a pre-existing health condition, you should obtain medical advice before commencing any exercise or nutrition regime. By participating and accessing the Website and our services, 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.

      While we do not exclude our liability for significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities, 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

          1. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

          1. the contraction, aggravation or acceleration of a disease; and

          1. 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:

               

                1. that is or may be harmful or disadvantageous to you or the community; or

                1. that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

          2.5 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.

          We make no guarantees of any specific result being achieved by you 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.

          You should not rely on this information as a substitute for, or replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you have read on the Website. The use of any information provided on or through the Website is solely at your own risk.

          2.6 Nutritional & Fitness Information

          Nutritional information provided on the Website is taken from sources provided by third parties, including the Release 1 of the Australian Food Composition Database. 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 Release 1 of the Australian Food Composition Database, however, none of FSANZ, FlowFit 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 databases. Nutrient data published in a database such as Release 1 of the Australian Food Composition Database 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 Release 1 of the Australian Food Composition Database 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.

          Suggested caloric intake requirements are calculated for female FlowFit members and challenge participants using =655.1+(9.563*weight in kgs)+(1.85*height in cm)-(4.676*age) according to the Basal Metabolic Rate calculator found at www.diabetes.co.uk/ using the Harris Benedict Estimation method. This is an approximation of Basal Energy Expenditure (also referred to as Basal Metabolic Rate) and should expect 20-30% variability between individuals. Energy expenditure is an estimate only using METs as calculated according to the 2011 Compendium of Physical Activity.

          2.7 Eating Disorders

          We make no representations regarding the suitability of any services or information provided through the Website for persons who are suffering from, or have previously suffered from, an eating disorder or disordered eating. If you have been diagnosed with an eating disorder, or if you are in recovery from an eating disorder, we strongly recommend that you discuss and obtain advice from your doctor or psychologist before using the Website or our services to make sure our programs are right for you and your current circumstances. We accept no responsibility or liability for any worsening or deterioration of your condition in the event you do not seek medical advice before using the Website, or any of our services, or you access the Website or our services against any medical advice you have received.

          2.8 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 Website will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook, Instagram or Twitter from us cannot be guaranteed. 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.

          2.8 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 the 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.

          2.8 Non FlowFit 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 FlowFit. If in the opinion of FlowFit members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then FlowFit 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.

          2.9 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.

          2.10 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.

          2.11 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:

             

              • 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

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

            2.12 Results Disclaimers

            We make every effort to ensure that we accurately represent the services provided through the Website and their potential for results. There is no guarantee that you will experience the same results and you accept the risk that the results differ by individual.

            We make no guarantees concerning the level of success you may experience, or any outcomes that you may achieve by following any programs provided by us through the Website, and you accept the risk that results will differ for each individual. Any testimonials and/or examples provided through the Website are not intended to represent or guarantee that anyone will achieve the same or similar results through any program or service provided by FlowFit Challenge.

            Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. Your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.

            There is no assurance that examples of past results can be duplicated in the future. We cannot guarantee your future results and/or success.  Nor can we guarantee that you maintain the results you experience if you do not continue following the program.

            Any testimonials, examples, and photos used on the Website are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products.

             

            3. 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, which arises as a result of your breach of these terms in your use of the Website.

             

            4. 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. publishing or posting any of the content (such as recipes or exercise programs) on any other website, but excluding your personal social media pages;

                1. using the logo or trade marks of this Website, the phrase FlowFit Challenge, FlowFit (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);

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

                1. 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:

                 

                  1. the frequency and nature of any downloads; and

                  1. 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.

                 

                5. 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.

                 

                6. 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 FlowFit members, we will provide you additional notice to you at the time that you access the Website following any variation.

                 

                7. 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 store 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 at www.flowfit.live/privacy-policy 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.

                 

                9. Refusal of Registration

                FlowFit Challenge may in its sole and absolute discretion refuse registration at any time and for any reason. Should this occur, any payments processed from an individual who has been refused registration will be refunded.

                 

                10. Termination

                In addition to any other rights of termination set out in these Terms and Conditions, FlowFit Challenge may terminate or suspend your account if:

                   

                    1. payments owing to FlowFit Challenge by you are overdue;

                    1. you provide false or inaccurate information to us;

                    1. you engage in conduct that is threatening, abusive or harassing to FlowFit Challenge’s employees or agents, or other users of FlowFit Challenge.

                  If we terminate or suspend your account, your license to use any software or content provided in connection with the account is also terminated or suspended (as applicable).

                   

                  11. Severance

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

                   

                  12. Refunds & Cancellations

                  Full refunds (less any $30 Admin fees paid) are available for all customers who cancel more than seven (7) days before the commencement of their FlowFit Challenge or before access is granted to the challenge and our services (whichever comes first).

                  After that period, you will no longer be eligible and won’t be entitled to receive a refund, subject to the provisions of the Australian Consumer Law. 

                  FlowFit Challenge may, in its sole discretion, elect to offer you a full or partial refund in circumstances where you are not able to participate in the services for health reasons, provided evidence is provided to FlowFit Challenge.

                  If your access to the Website has been suspended or terminated due to a breach by you of these terms and conditions, you will not be entitled to a refund.

                  If you have any additional questions, would like to request a refund, or believe you are entitled to a full or partial refund pursuant to the Australian Consumer Law please contact us.

                   

                  13. Governing Law

                  These terms and all services provided by FlowFit Challenge (including through the Website) are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts.