Any amended Terms will take effect from the next time you view or use our Website or Services. If you do not agree with the amendments or our Terms at any time, then you must immediately stop using our Services and the Website.
'Member' and 'you' means any user that signs up, registers and uses our Services
"Services" means coaching and mentoring services which includes the provision of diet and health related information, guidance, support and services which may be offered using various web-based and other means from time to time
"We", "us", the Coach, means www.spudfit.com Spud Fit Pty. Ltd (ABN: 96797493419 and includes all directors, employees and contractors
If you wish to become a Member, you must register, set up an account and pay the relevant monthly membership fee to access our Services. By providing us and our secure payment facility with your payment details, you are agreeing to the monthly payments being deducted unless or until you have cancelled and terminated your Membership in accordance with our below Cancellation and Termination terms.
You must also be 18 years of age or older to use the website and our Services.
agreement for membership
To use our website Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
- You are solely responsible for all content you transmit or post on our website or through our Services or otherwise to any Member, user, visitor or third party;
- We are not responsible for and accept no liability for any content transmitted through or posted on our website by any person, Member or third party;
- You use our Services at your own risk. We are not responsible for any Member or user of our Services nor any action or inaction that may happen as a result of your use of our Services;
- We do not warrant, promise or guarantee that any of the information we provide from the Services or use of the Services will produce a particular or any result;
- You need to ensure you take all reasonable care regarding your personal security when using the Services and, in particular, when providing any personal details and ensuring your own safety;
- We are not liable in any manner for any loss or damage you may suffer whether direct, indirect, consequential, or special at any time which may result from any experience or your use of our Services.
using our services
Our website and Services are provided in an effort to help with an understanding, information and coaching on a particular type of diet.
Before commencing any new regime, diet or relying on any information which may affect your health, or taking any course of action which may directly or indirectly affect your health or well-being, you should consult with your own personal healthcare professional. We are only providing guidance based on our experience, research and studies.
You take full responsibility and risk for making any decision based on the information and Services we provide to you and how you may interpret and use this information. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability for any loss, damage or injury that may arise from any member acting on any statement or our Services.
As the coaching is conducted in a closed group environment, we strongly encourage all Members of our Services to act in a respectful manner and abide by the ethos and purpose to other Members for which our Services are operating.
Services may be provided through Facebook groups, online courses, face-to-face, by telephone, via web-based means (such as Skype, Google hangout, or similar) or as otherwise agreed from time to time.
We are not required to post any personal details, information, results, images, comments or any content (together ‘Content’) at any time. Should you decide to post any Content, be aware that it is then public to the group and you need to determine if that is a suitable environment to do so for your own health and well-being purposes.
If you do post any Content, you at all times, agree to abide by the following rules:
You warrant and agree that your Content will:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities, promotions or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
We have a zero tolerance policy when it comes to objectionable Content. Any Content that we feel is objectionable or that our Members or we have identified as objectionable will be removed and the Member who has provided the objectionable Content will be banned from the site. Our promise to our Members is that we will act on objectionable Content reports within 24 hours.
indemnity and risk
The Member acknowledges and agrees that:
- results of Services vary from individual to individual. For this reason, performance, progress and success of any particular part of the Services is reliant on the Member and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Member is solely responsible for their own progress. If any time during the Services the Member feels their progress is not as expected, it is the responsibility of the Member to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns, however at no time does the Coach guarantee or warrant any increase or altered progress or performance;
- the Coach may, from time to time or as part of the Services, recommend products, food, diet regimes or treatments in the course of or as part of their Services. If the Member has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by the Coach, find they may have or are experiencing side effects which are uncomfortable or concerning, they should promptly contact their professional health care provider. Any statements either on the website or made by the Coach at any time regarding diet, food or treatments are to be used at the Member’s discretion and are not intended to diagnose, treat, cure or prevent any disease;
- If, at any time, you are feeling or experiencing discomfort, illness, you should immediately stop any regime and the Services and consult your qualified health professional. The information and any recipes or recommended diet advice contained in the website and/or provided as part of the Services is for general information purposes only and is not meant to substitute individual personal and professional dietary advice or treatment which the Member may receive from the Member’s own qualified medical professional.
- The Member acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Member agrees they are liable for and agree to indemnify and hold the Coach harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party claims.
- The Member agrees that some Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and the Member agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. The Member is at all times responsible for their own physical health and emotional well-being. The Coach recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
cancellation and termination
cancellation of membership
You are solely responsible for cancelling your Membership by contacting us directly via email. You need to provide 3 business days notice prior to the next debit of Membership to ensure you are not charged.
WE MAY TERMINATE YOUR MEMBERSHIP AND ACCOUNT AT ANY TIME: We have the right to terminate your Membership for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
We may also cancel your Membership and terminate your use and access to the website if we receive complaints that you are misusing, abusing or otherwise violating these Terms or general good faith use of our Services.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are in no way responsible for providing a refund for any Services as a result of any breach of these Terms, illegal activity or otherwise.
limitation of liability
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or our website.
We are in no way to be held liable, directly or indirectly for any loss, injury, emotional distress or any other loss or damage that may result from any reliance on any information, activity, or otherwise directly or indirectly related to your use of our Services.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability to you is governed solely by the ACL and these Terms.
We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
personal information and privacy
Where Members are required to provide information, you agree:
- to provide true, accurate, current and complete information about as requested during the registration process; and
- to maintain and promptly update such information to ensure it is up-to-date, complete and accurate at all times.
We, at all times, abide by the Australian Privacy Principles. We do not collect or store personal, sensitive health information at any time about you.
These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.