TERMS OF SERVICE
THIS LEGAL AGREEMENT BETWEEN YOU AND WFC (“World Fitness Cartel”) GOVERNS YOUR USE OF THE WFC COACHING ROOM (“CR”).
THE WFC COACHING ROOM
World Fitness Cartel is the provider of the CR Service, which permits you to purchase and stream digital content (“World Fitness Cartel Products”) for end user use only under the terms and conditions set forth in this Agreement.
DISCLAIMER OF LIABILITY
i. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the CR or that might be detrimental to your health, safety, comfort or physical condition. You confirm that World Fitness Cartel did not give you any medical advice before you joined and understand that World Fitness Cartel cannot at any time give you any advice relating to your physical condition and/or ability to use services offered by the CR. If you have any health or medical concerns now or after joining, you should consult with your medical practitioner prior to using the CR. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner.
ii. Participation in the activities and the use of the services offered by World Fitness Cartel naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities and use of services offered by World Fitness Cartel, you understand and voluntarily accept this risk and agree that World Fitness Cartel, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any CR services, whether related to exercise or not. Your guests agree to abide by any rules and guidelines published from time to time and to be bound by the same limitations of liability that apply to you as a member.
iii. You acknowledge and agree that any diet and nutritional information published by World Fitness Cartel on the Website including online tools, downloads, email communications from World Fitness Cartel and third party suggestions is intended to provide general information only and is not specific advice. All information provided by us is provided from sources which we believe to be accurate and up to date as at the date of publication. 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 the Website or our communications.
iv. You agree to indemnify and hold harmless World Fitness Cartel, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnity basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 2 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).
v. World Fitness Cartel will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted on the Website, our publications or communications. 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, our publications, communications 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, our publications or communications.
You acknowledge that any specific advice is intended for the individual to whom it has been prescribed. World Fitness Cartel takes no liability for the supply of information outside the duties associated with its provision to a serviced client.
Professional Advice is deemed as advice provided to an individual specific to their circumstances. Any information passed on and not designed for that specific individual is considered information. 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 you to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by World Fitness Cartel.
World Fitness Cartel is not liable to you or your guests for any personal property that is damaged, lost or stolen while using the services offered by World Fitness Cartel.
REQUIREMENTS FOR USE OF THE WFC COACHING ROOM
The CR is available for individuals aged 18 years or older. If you are under 18 please get a parent or legal guardian to review this Agreement and agree to it on your behalf. Use of the CR requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the CR and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The CR is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the CR.
YOUR ACCOUNT
As a registered user of the CR, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify World Fitness Cartel of any security breach of your Account. World Fitness Cartel shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and use the CR, you must create an Account and purchase with the relevant subscription fee, one months use in advance. You agree to provide accurate and complete information when you register with, and as you use, the CR (“World Fitness Cartel Registration Data”), and you agree to update your World Fitness Cartel Registration Data to keep it accurate and complete. You agree that World Fitness Cartel may store and use the World Fitness Cartel Registration Data you provide for use in maintaining and billing fees to your Account.
PAYMENT
We offer online courses and programs for one off upfront payments or ongoing subscription payments. Our website will make it clear at the checkout if you are purchasing a course or program for a one off upfront payment or, whether you are subscribing to an ongoing subscription plan.
SUBSCRIPTION
Subscription plans providing ongoing access and tuition require regular monthly payments made in advance and must be settled by Autopay on a monthly basis. World Fitness Cartel reserves the right to increase your monthly fees and such increase in your monthly fees shall be valid and effective upon written notice to you. Your monthly subscription will be automatically renewed each month until you have given CR written notice to terminate in accordance with the clause below. This is an ongoing monthly subscription.
Your subscription will be charged and billed in AUD dollars.
Monthly Autopay payments will be made on the same day every month from the original start date onwards as a CR user. All monthly tuition or periodic fees will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees on the due date, World Fitness Cartel reserves the right to decline your access to CR until such outstanding payment is received.
If you wish to terminate your subscription, you must submit a cancelation before the “Monthly Renewal Date” indicated in the “Subscription Details” section above, in writing to [email protected], and your subscription will not be automatically renewed. Termination of a subscription during a paid month shall be subject to full monthly subscription for the remaining period of that paid month.
(i) World Fitness Cartel reserves the right to terminate your subscription if you are in breach of this Agreement, the Terms and Conditions or any rules and guidelines published. No refund in respect of fees or subscription will be paid in the event of such termination.
(ii) World Fitness Cartel reserves the right at any time to terminate your subscription for any reason not stated in sub-paragraph (i) above at the end of any paid month.
(iii) World Fitness Cartel reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as misuse of the CR.
(iv) Upon cancellation or termination of your subscription and after any required notice period, your right to use the CR henceforth ceases and you may be denied access to the CR and any or all World Fitness Cartel Clubs. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your initiation fee, subscription fees or fees paid for World Fitness Cartel. If you owe World Fitness Cartel any amounts of money when your subscription ends, such outstanding amounts shall be deemed to be and are recoverable as a debt, and World Fitness Cartel is entitled to deduct or offset any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay World Fitness Cartel the outstanding balance. If your subscription terminates or expires for any reason and you want to rejoin, you shall be required to buy a new subscription at the then prevailing subscription rates.
REFUNDS
We do not provide refunds on any unused time for access to our online courses or programs for either once off upfront payments or ongoing subscriptions.
CONTENT AVAILABILITY
World Fitness Cartel reserves the right to change content options (including eligibility for particular features) without notice. For further information on specific content within the CR, please email [email protected].
USE OF CR AND ITS CONTENT
You agree that the CR include security technology that limits your use of the CR, whether or not the CR is limited by security technology, you shall use the CR in compliance with the applicable usage rules established by World Fitness Cartel (“Usage Rules”), and that any other use of the CR may constitute a copyright infringement. Any security technology is an inseparable part of the CR. World Fitness Cartel reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by World Fitness Cartel for compliance purposes, and World Fitness Cartel reserves the right to enforce the Usage Rules without notice to you. You agree not to access the CR by any means other than through software that is provided by World Fitness Cartel for accessing the CR. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the CR. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use the CR only for personal, noncommercial use.
(ii) You may not copy, store, tone, burn or distribute any World Fitness Cartel Products and Services for personal, noncommercial or commercial use.
(iii) Video streaming is viewable on only one device at a time, via a desktop or a laptop. You must be connected to the CR to access video streaming. The delivery of the CR content does not transfer to you any commercial or promotional use rights in the CR. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any CR content. You acknowledge that, because some aspects of the CR and administration of the Usage Rules entails the ongoing involvement of World Fitness Cartel, if World Fitness Cartel changes any part of or discontinues the CR Service, which World Fitness Cartel may do at its election, you may not be able to use the CR to the same extent as prior to such change or discontinuation, and that World Fitness Cartel shall have no liability to you in such case.
INTELLECTUAL PROPERTY
You agree that the CR, including but not limited to World Fitness Cartel and CR contents, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the CR, contains proprietary information and material that is owned by World Fitness Cartel, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the CR in compliance with this Agreement. No portion of the CR may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the CR in any manner, and you shall not exploit the CR in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, World Fitness Cartel reserves the right to change, suspend, remove, or disable access to any World Fitness Cartel content, or other materials comprising a part of the CR at any time without notice. In no event will World Fitness Cartel be liable for making these changes. World Fitness Cartel may also impose limits on the use of or access to certain features or portions of the CR, in any case and without notice or liability. All copyrights in and to the CR (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by World Fitness Cartel, who reserves all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE CR SERVICE, EXCEPT FOR USE OF THE CR SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. World Fitness Cartel, the World Fitness Cartel logo, and other World Fitness Cartel trademarks, service marks, graphics, and logos used in connection with the CR are trademarks or registered trademarks of World Fitness Cartel in Australia and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
