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Terms and Conditions
Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. BY USING OUR Website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & conditions at any time. You should check these Terms & conditions periodically for changes. By using this Website after we post any changes to these Terms & conditions, you agree to accept those changes, whether or not you have reviewed them. Before becoming a member you must read and understand the terms and conditions in using the exercise regime of this website. BY continuing to use the Website, you become a member and you are bound by the terms and conditions. If you do not wish to be bound or you do not understand the terms and conditions please exit this site now. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.
 
Who we are
Virtual Workout Studio (“we” or “us”) is an all-in-one on-line personal training site that offers you access to traditional gym services. Through a combination of fitness trainers, instructors of professionals, streaming video exercise demonstrations, workouts and workout plans, our aim is to offer an easy, flexible and affordable way to get fit, lose weight and tone up at any time convenient to you.
 
Viewers – Visitors no fee payable.
You are welcome to visit this website and see what is available to you if you wish to become a Member or registered member. You may preview the workouts, and our full length exercise guides. If you wish to find out more about our product and its features, go to the website kettlebellathletica.com.au and click on the “how it works” menu. All viewers have limited access to the Website. If you wish to have full Access you may register and pay a fee. Your fee will include the “Workout” menu and full access to our exercise library
 
Registered Members
  • Are bound by the terms and conditions of this Agreement in so far as it related to them
  • Are required to provide personal information as well as contact information such as your email address so that we may
  • Process an order from you
  • Support the online subscription services which are provided
  • Respond to any enquiries or complaints which you may make.
  • Contact you or send you information
 
Scope
Unless otherwise indicated, the Terms and Conditions apply to your use of the Website including without limitation, all content (defined as all information and data that is part of the Website, including without limitation, workouts, exercise guides, programs, written text, and posted graphics and images), code, software, tables and scripts.
 
Binding Agreement
BY ACCESSING OR USING THIS SITE, YOU ARE DEEMED TO HAVE READ, understood and AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITINOS AND NOTICES IN THIS AGREEMTND, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER. By using the website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (1) restricting the time the website is available, (2) restricting the amount of use permitted, and (3) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, on our Website. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Website.
 
Intellectual Property
The materials displayed on or contained within this Website including, without limitation, all Website software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”0, are our property or the property of our licensors and are protected by copyright, trademark and other intellectual property laws.
 
Changes to Terms and Conditions
We reserve the right, at any time and in its sole discretion and without prior notice to the Member or Subscriber to change, modify, and or remove or discontinue any aspects of its Terms and Conditions as we see fit.
 
Price and Availability
The products and services offered or referred to on the Website are subject to availability. The prices stated for such products and services are subject to change without notice to Members or Subscribers.
 
Reliance on Information
The Website may include inaccuracies or typographical errors that may be corrected as they are discovered at our sole discretion without notice to Members or Subscribers.
 
Privacy Policy
Our personal information practices on the Website are governed by our privacy policy (the “Privacy Policy”) by providing us with personal information; you consent to our collection, disclosure and use of that information. The personal information includes: your full name, address, telephone number and e-mail address as well as information used for the purpose of identifying you and that information may include account history, financial information and categories of products purchased. We will take reasonable steps to protect your information in accordance with our privacy policy. You may review the privacy policy associated with the Website by viewing www.kettlebellathletica.com.au. The Website does not intend to target or collect personal information from individuals under the age of majority if they have their parent/s consent authorization and undertaking to assume liability but may obtain personal information of the parent/s.
 
Health Disclaimer
You are specifically warned and advised to seek the advice of a physician before you access this Website or subscribe to it. Please Note: Our Website is not a substitute for physician consultation or treatment and nothing contained in the Website should be construed as giving medical advice, diagnosis or information.
 
Restrictions on Use of Materials
Unless otherwise specified, we grant to you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided herein for your personal, non-commercial use, provided that you comply fully with the provisions of the Terms and Conditions. You acknowledge that the Website contains information, software, photos, video, test, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights.
 
Becoming a Member
You do not have to be a Member to use this website. However, if you do not become a Member, you may be precluded from using certain areas and products of our Website. If you elect to become a Member, you agree to provide us with accurate and complete information about yourself and you further agree to maintain and update this information. If you provide any information that is inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your access to and future use of our website.
 
As a Member, you will be given an opportunity to establish a password that will used to access and use protected areas of the website. You are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify the Company of any unauthorized use of the password, or any other breach or threatened breach of this website’s security.
 
If you do not abide by these Terms & Conditions at any time or are found to be abusing or misusing the website in any way, you agree that the Company may immediately restrict or terminate your access to this website. Irrespective of the foregoing, the Company's reserves the right in our sole discretion and without prior notice of liability to restrict or terminate your account, your password, and/or access to this website at any time. You agree that we shall not be liable to you for any termination or cancellation of your access to, or use of, our website due to misuse.
 
You cannot become a member or registered member if:
  • You are a prenatal or postnatal woman unless you have the pre-approval of your doctor or you agree to assume all responsibility whatsoever arising as a result of the use of the exercise regime.
  • You are a minor less than 7 years old or under 18 (unless guided by your Parent or Parents) and your parent or parents assume all responsibility and liability for your acts and omissions as a result of the use of the exercise regime.
  • You are a person who has an injury or physical disability and knows or ought to know that the use of the exercises regime found in the Website or the products and/or services are likely aggravate your already existing injury or physical disability.
  • You are a person who is prohibited by any medical professional from undertaking any form of exercise either during a healing process or for any other reason.
  • You are a person that is suspended by us as a result of you supplying us with personal contact information that is untrue, inaccurate, or incomplete or not current. In such case we have the right to terminate your account and refuse any and all current or future use of your membership or your account.
 
Use by Minors
Virtual Workout Studio and Kettlebell Athletica is not designed for children under the age of 18 at this time. By using or becoming a member of Virtual Workout Studio and Kettlebell Athletica of any membership type, you agree and warrant that you are 18 years old or older, and are not providing either direct or indirect access to minors through your membership. Young persons between 7 and 18 years BUT if you are under 18:
Your parents must provide their written consent to undertake the exercise regime; and
  • Your parents must provide their written authorization with regard to you buying any of products and services available.
  • Your parents must assume all liability for any loss, damage arising as a result.
 
Links
The Website may contain links to or references to third party Websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained herein or referred to or included on, or linked from or to the Website.
 
Community Standards and conduct Guidelines
We have adopted community standards and conduct guidelines for the users of this Website you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to all Content and information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted through this Website.
  • In using the Website you agree that you will not:
  • Post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entitles who have not agreed to be part of such mailings;
  • Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; or otherwise misrepresent an affiliation with any person or entity or engage in any activities intended to withhold or cloak identity or contact information;
  • Post, disseminate or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous and libelous including but not limited to, electronically staking or invasive of another’s privacy or which infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials.
  • Use the Website for any illegal purpose, in violation of any applicable laws or regulations or engage in “flooding” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);
  • Publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; or post excessive responses to interactive features or functions of the Website;
  • Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
 
User Reviews, Feedback, Submissions
You may submit ratings, reviews, tips, comments, feedback, postcards, suggestions, ideas, and other materials to us (collectively, referred as the “Content”) We do not endorse and take no responsibility and assume no liability for, any Content posted by you or any third party. We reserve the right (but not the obligation) to remove, restrict, or edit such Content, but are not obliged to regularly review posted Content.
 
User Reviews, Feedback, Submissions
You are solely responsible for managing your password and for keeping your password confidential and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user4 account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account or any other breach of security known to you.
 
Assignment
You shall not assign, delegate or otherwise transfer the Terms and Conditions or any of your rights, interests or obligations under the Terms and Conditions of this Agreement and any such assignment, delegation or other transfer shall be void.

The Terms and Conditions shall inure for the benefit of us and our successors, assigns and licensees and any other party as permitted by law.
 
Limitation of Liability
Your acknowledge that you as well as others associated with you will be fully liable for all damages and losses arising out of the services provided by the Website whether or not such loss or damage results directly or indirectly from the use of the Website.

We and our affiliates, franchisees and any of their respective directors, officers, employees, agents or other representatives including the trainer or instructors associated with the Website shall not be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: the Website. It will also not be liable for any materials, information, qualification and recommendations appearing on the Website; any software, tools, tips, products, or services offered through, contained in or advertised on the Website; or any link provided on the Website including your account and passw3ord, whether or not you have advised us of the possibility of such damages.

This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your right to use the Website.
 
Termination and Cancellation of Membership
If you joining as a member, and subsequently cancel your membership, your account will remain active until the natural expiry of your chosen membership package. The natural expiry date of your current membership is displayed when you order it. It is not possible to cancel your current subscription package early and obtain a refund of the remainder of the membership period. Your membership will remain active and you will continue to be re-billed for your chosen subscription package until you either suspend or cancel your active membership of Virtual Workout Studio and Kettlebell Athletica.
 
Recurring and Monthly Membership Billing:
  • Memberships are payable in advance and after the initial payment you will be rebilled automatically
  • If you join as a regular member, you will pay for your membership package in advance.
  • We will charge using your chosen payment method on the same day of each month.
  • We will continue to bill you at the end of each membership period automatically, and you will continue to remain an active member until you suspend or cancel your membership.
  • If you subscribe by cheque, then your membership will commence as soon as the cheque clears but if you become a member via your visa card, then you required to supply us with the visa card provider and your visa card number. For further instructions, please follow the directions found on the Website
 
As a regular member, you will not be charged for any of the individual streaming workouts that are offered under the ‘Workouts” menu that you view on-demand. Your monthly membership subscription currently gives you full and unlimited access to our extensive exercise library found under the ‘Exercises’ menu and our workouts library found under the ‘Workouts’ menu with no further costs to you while you remain an active member. Virtual Workout Studio and Kettlebell Athletica reserve the right to offer chargeable additions to the Virtual Workout Studio and Kettlebell Athletica core product (programs) and to charge regular members should you choose to purchase these offerings such as programs and downloadable workouts from our online store. For example, if you join us on the 1.5.2010 as a regular monthly subscriber, we will re-bill you on the 1st of each subsequent month automatically until you tell us to stop. You membership will be continuous as a result.
 
Online Shop
  • Members and Registered subscribers may purchase OUR products and services or other products and services through our Website shop.
  • You may order services, merchandise or other products through our Website PROVIDED you are a Member or Registered subscriber and you have supplied us your personal details including your address and email.
  • You may view the range of products, services and other features for sale if you are not a registered member or subscriber.
  • Our Website may advertise products that may be purchased by you directly from another or third party seller.
  • If you use our Website or purchase any products or services from us whether for yourself or on behalf of another person or as a gift for some one else you acknowledge and agree that:
  • We make no warranties or representations whatsoever with regard to any services, merchandise, and other products provided by us including but not limited to maintenance purchase terms, and payment terms.
  • We and our employees, directors, assigns, trainers and instructors will not take any responsibility whatsoever for the delivery of the product and services including our refusal to provide such product and services.
  • Our product and services shall be read to include the product and services of a Third Party Company associated us for the purpose of allowing us to sell our products BUT we will not be a party to any transaction between you and a third party seller whether or not you have paid some remuneration in relation to the transaction. The Third Party Company shall assume all responsibilities for its products and services including the assumption of liability for costs, injuries or any damages whatsoever directly or indirectly.
  • In addition we are not liable in anyway for any refusals by the Third Party Seller to provide products or services.
 
 
Indemnity
By accessing or using this site, you are deemed to have read, understood and have agreed to indemnify and hold harmless us and our affiliates and respective directors, officers, employees, agents or other representatives including the trainers or instructors associated with the Website from and against all claims, liability and expenses, as well as all legal fees and costs arising from or relating to your breach of the Terms and Conditions; and Conditions and your use, transmission or placement of information or material on the Website.
 
Waiver & Release
You acknowledge that you have carefully read the “waiver and release” contained herein and that you fully understand that it refers to the release and discharge of the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructors or instructors for personal injury or property damage.
 
Governing Law and Choice of Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia whether or not you have read this Website or this Agreement from within that State or anywhere else in the world. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms and Conditions shall be filed only in the State of Victoria, Australia and you hereby consent and submit to the jurisdiction of such courts of that State for the purpose of litigating any claim.
 
Miscellaneous Terms and Conditions
If any provision in the Terms and Conditions shall be deemed to be unlawful, void or for any other reason unenforceable then that provision shall be deemed severable from the Terms and Conditions shall not affect the validity and enforceability of the remaining provisions of the Terms and Conditions.
 
Successful Legal Action
Any action against us arising from the use of the Website, the successful party shall be entitled to recover all legal costs incurred in connection with the action, including but not limited to its costs and fees on a ‘solicitor – client basis’.
 
Reservation of Rights
The Company reserves to itself any and all rights not expressly granted herein.
 
 
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