These Website Terms and Terms and Conditions govern your use of our website, www.diypt.com.au, (the “Website”) and your relationship with DIYPT (“we”, “us” or “I”). Please read these terms carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms of Use, please do not subscribe as a member, use the Website, or purchase any of our Products or services.
Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and DIYPT, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by DIYPT and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to DIYPT and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.
All Content included on the Website, unless uploaded by Users, is the property of DIYPT, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the Content on a computer screen
print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of DIYPT.
Medical
We are not medical practitioners or registered dieticians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first.
We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
You acknowledge that when participating in any exercise program that there is the possibility of physical injury.
Prohibited use
You may not use the Website for any of the following purpose:
in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Signing up
You must ensure that the details provided by you upon sign up or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.
We may cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.
Cancellation policy
The 6 week program can be cancelled at any time, and the same applies to the following weekly membership. You can cancel directly via Stripe or we can cancel it, at your request. Once you cancel, you will not be charged again and will be able to continue the service and access the app until the end of your current payment period.
Like most subscriptions, such as Netflix, Amazon Prime or a monthly gym membership, the membership cannot be paused (temporarily put on hold). If you wish to stop, even if just temporarily, you can cancel your subscription — this can be done anytime. Assuming I have availability, you will be able to sign back up following your break. If you're on the 6 week program, you'll do the whole 6 weeks again from day 1. When cancelled, you do maintain access to the app and service until your membership expires.
No warranties
This website and the information contained in it is provided for information purposes only. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:
a) is complete, true, accurate or non-misleading; and
b) is right for You.
Refund Policy
DIYPT Online Personal Training Service does not offer any refunds as this is a custom made membership product, but you may cancel future memberships at anytime via Stripe or via email.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of DIYPT or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookie Policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.diypt.com.au/privacypolicy
Availability of the Website and disclaimers
Any online facilities, tools, services or information that DIYPT makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. DIYPT is under no obligation to update information on the Website.
Whilst DIYPT uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
DIYPT accepts no liability for any disruption or non-availability of the Website.
DIYPT reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any
products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, DIYPT accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database or software;
any special, indirect or consequential loss or damage.
DIYPT, nor any of its employees, agents or representatives, are engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.
We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
Expected Results
While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programmes depend on the individual. Result will be affected by the effort and commitment of the individual, however, in some circumstances, even where an individual follows our programme, they may not achieve the desired results. We, therefore, provide no warranties of any kind, express or implied, as to:
the effectiveness of any techniques, diets, or programmes that we deliver; or
the results that you may achieve as a result of following our programs.
All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve; rather, they are included as examples of the results that particular individuals have achieved.
General
The subscription amount is paid weekly, in advance for each week and via Stripe with the option to pay the first 6 weeks in advance.
We reserve the right to make subscription increases and will provide one month's notice of any planned increase.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
The Contracts Review Act 1980 shall not apply to these terms and conditions, and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of Australia, and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Australian courts.
Nutritional and Exercise Recommendations
We provide nutritional advice and exercise recommendations based on the information you provide to us. It is essential that you provide accurate and up-to-date information about your health, medical conditions, dietary restrictions, and physical fitness level. Our advice is tailored to the information you provide; therefore, any inaccurate or incomplete information may lead to inappropriate recommendations. It is your responsibility to consult a medical professional before making significant changes to your diet or exercise routine, especially if you have pre-existing medical conditions or concerns.
Personal Responsibility
Participation in our fitness programs and the implementation of the recommended exercise routines and dietary guidelines are entirely at your own risk. You understand that there are inherent risks associated with physical activities and changes in dietary habits. You agree to assume full responsibility for any injuries, damages, or adverse health effects that may result from participating in the programs, exercises, or recommendations provided by us. You acknowledge that you have been advised to consult a medical professional before starting any new exercise or nutrition program.
Results and Progress Tracking
While we provide guidance and support to help you achieve your fitness goals, we cannot guarantee specific outcomes or results. Progress varies from person to person and depends on factors such as genetics, effort, consistency, and adherence to the program. We recommend that you keep track of your progress and make adjustments as necessary. We are not liable for any dissatisfaction with the results achieved or the lack thereof.
Communication and Support
We are committed to providing accurate and timely information to support your fitness journey. Our communication channels are primarily through the platform we provide, email, and other designated methods. While we strive to respond promptly to your inquiries, there might be reasonable delays due to high demand or unforeseen circumstances. We do not provide emergency or urgent medical advice through these channels. In case of a medical emergency or acute health issue, please contact a medical professional or emergency services immediately.
Copyright and Content Usage
All materials, including text, images, videos, and other content provided by us, are protected by copyright and intellectual property laws. These materials are intended solely for your personal use and should not be shared, reproduced, or distributed without our written permission. You may not use our materials for commercial purposes or in any way that misrepresents our content as your own.
Termination of Services
We reserve the right to terminate or suspend our services to you if we have reasonable grounds to believe that you are not complying with these terms and conditions or if your conduct is deemed inappropriate, harmful, or in violation of any applicable laws. In the event of termination, you will still be subject to any obligations, including those related to payment, that arose before the termination.
Modification of Programs and Content
We may update, modify, or change the content, features, or structure of our programs, services, and materials based on evolving best practices, user feedback, or other considerations. We will make reasonable efforts to inform you of any significant changes that may impact your experience.
Feedback and Testimonials
We value your feedback about our programs and services. By providing feedback, you grant us the right to use, share, and publish your comments and testimonials for promotional and marketing purposes. However, we will not disclose personal information without your explicit consent.