Pre Condition To Use
Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use F45 Training’s website and download documents then F45 Training will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and F45 Training’s rights and obligations to each other.
Amendment of Terms
F45 Training reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.
F45 Training Does Not Give Legal Advice
Whilst the documents and information has been prepared by experienced legal practitioners in the fields of employment, commercial and corporate law F45 Training is not a legal practitioner and is not an incorporated legal practice. This website is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful documents, links and information.
Consult Your Legal Practitioner
The law is different in each state and territory of Australia. If you are unsure as to any of the terms or any of the information or how it applies to your specific circumstances then you should consult your legal practitioner. Both the documents and the information we provide must necessarily be general and may not cover every situation that might arise. You should therefore use a legal practitioner for any specific problem that you might have or if you are unsure or do not understand any of the documents or information on the website.
Limitation On F45 Training’s Liability
It is an essential pre-condition to you using F45 Training’s website that you agree and accept that F45 Training is not legally responsible for any loss or damage you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites
F45 Training has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between F45 Training and the owners of those websites. F45 Training takes no responsibility for any of the content found on the linked websites. F45 Training’s website may contain information provided by third parties. F45 Training accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act
For the purposes of Section 64 of the Competition and Consumer Act 2010 (Cth), F45 Training’s liability for any breach of a term of this agreement is limited to:- (i) the supplying to you of the services again; or (ii) the payment of the costs of having the services supplied to you again.
To the fullest extent permitted by law, F45 Training absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. F45 Training gives no warranty that the documents will be free of errors, or that defects will be corrected, or that F45 Training’s website or its server is free of viruses or any other harmful components. F45 Training does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of F45 Training to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you.
Third Parties Can Not Use Your Information
F45 Training does not sell or deal in personal or customer information. F45 Training may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. F45 Training may use the information that you provide to improve its website and its services.
F45 Training May Disclose
F45 Training may disclose information in good faith and where F45 Training is required to do so:- (i) by law or by any court; (ii) to enforce the terms of any of our customer agreements; (iii) to protect the rights, property or safety of F45 Training, its customers or third parties;or (iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and F45 Training that results in litigation then you submit to the jurisdiction of the courts of New South Wales.
Exclusion of Competitors
If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users then you are a competitor of F45 Training. F45 Training expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then F45 Training will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. F45 Training reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright And Restriction of Use
You are only permitted as a customer of F45 Training to use the documents downloaded from its website for the purposes of conducting your business. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website. You are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. F45 Training expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use
You are not permitted to use any trade marks, tradenames, graphics or designs that are on F45 Training’s website. If you breach F45 Training’s trade marks then F45 Training reserve the right to take action against you.
These terms and conditions represent the whole agreement between you and F45 Training concerning your use and access to F45 Training’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.