Terms Of Service
1. Application
These T&Cs, and no terms and conditions of the Customer, will apply to any order for and any supply of Services by the Supplier to the Customer.
2. Order for Services
2.1 Any Order by the Customer to the Supplier and/or any acceptance of any Supply by the Customer will constitute agreement to these T&Cs by the Customer.
2.2 No Order for Services by the Customer will be binding on the Supplier unless the Supplier accepts the Order.
2.3 If the Supplier accepts an Order, the parties will have created a binding Contract and the Supplier will supply the Goods to the Customer, and the Customer will pay the Price to the Supplier in accordance with the terms of the Contract (which will include these T&Cs).
2.4 The Customer must provide to the Supplier all information, instructions, and facts relevant to the Services at the time including accurate completion of the Supplier’s Client Questionnaire and Medical Clearance Forms.
2.5 If at any time the Supplier considers that any information, instructions or facts provided by the Customer to the Supplier are not sufficient to enable the Supplier to supply the Services to the Customer in accordance with the Contract, the Customer must, at the Customer’s cost, provide such further information, documents or assistance as the Supplier considers reasonably necessary.
2.6 The Supplier will be entitled to rely on the accuracy of any information, instructions, reports, plans, specifications, and facts provided by the Customer.
2.7 If there are any errors in any information, instructions or facts provided by the Customer to the Supplier, the Supplier will, in addition to the Supplier’s other rights under these T&Cs or at law, be entitled to vary the Price or Cancel the Services.
2.8 The Customer must ensure the specifications and properties of the Services stated in any Order by the Customer will be fit for their intended purpose.
2.9 The Customer will be responsible for the quality and quantity of any Goods used by the Customer in relation to the Services and the Supplier will not have any liability to the Customer if there is any excess or shortfall or deficiency of the Goods by the Customer in relation to the Services.
3. Price and payment
3.1 Unless otherwise agreed by the Supplier in writing, and at the Supplier’s sole discretion, the Price will be as indicated on any invoice provided by the Supplier to the Customer.
3.2 Time for payment for the Services being of the essence, the Price will be payable by the Customer by direct debit facility, and the Customer authorises the Supplier to directly debit the Customer’s bank account for payment of the Services.
3.3 Unless otherwise agreed by the Supplier in writing, the Supplier may invoice the Customer for Services on the date the Supplier supplies the Services. If an invoice is issued by the Supplier, the Services are to be paid by the Customer within 7 days from the date of the Supplier’s invoice.
3.4 Unless otherwise stated by the Supplier in writing, the Price is exclusive of any GST.
3.5 The Customer must not withhold, make deductions from, or set-off, payment of any money owed to the Supplier for any reason.
3.6 The Supplier may charge, in addition to the Price, any other fees, charges and surcharges that the Supplier notifies to the Customer from time to time.
3.7 If the Customer defaults in payment by the due date of any amount payable to the Supplier, then all money which would become payable by the Customer to the Supplier at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and the Supplier may, without prejudice to any of its other accrued or contingent rights:
(a) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2% for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including without limitation all legal costs and expenses and mercantile agent’s commissions) incurred by the Supplier in taking whatever actions it deems appropriate to recover any sum due;
(c) cease or suspend supply of Services to the Customer without liability to the Customer or any third party for any loss or damage whether directly or consequentially;
(d) by written notice to the Customer, terminate any uncompleted contract with the Customer;
4. Cancellation Policy
4.1 The Customer must notify the Supplier in writing of cancellation of any appointments within forty-eight (48) hours prior to the scheduled start time.
4.2 If such notification is not received by Supplier at least forty-eight (48) hours before the scheduled appointment time, the appointment may not be rescheduled, and the Customer will be liable to pay to the Supplier any costs associated with the Customer purporting to cancel any Order or Contract.
4.3 The Customer is not entitled to cancel any Order or Contract and must pay to the Supplier any costs associated with the Customer purporting to cancel any Order or Contract.
4.4 No purported cancellation or suspension of an Order or Contract or any part of it by the Customer is binding on the Supplier once the order has been accepted and payment confirmed.
4.5 The Supplier may cancel any Contract without notice to the Customer, at any time with no liability other than to repay any amount of the Price paid in advance of the cancellation.
5. Refund Policy
5.1 You provide Inform Fitness & Nutrition Coaching with evidence of extenuating circumstances which prevent you from participating in your program (which may include illness or compassionate circumstances for yourself or a family member), and Inform Fitness & Nutrition Coaching decides to issue you with a credit in the business’ sole discretion. This evidence must be provided by a recognised and registered health care professional in writing directly addressed to InForm Fitness & Nutrition Coaching. All credit’s distributed will be strictly valid for 6 months & must be used on return. Credits cannot be transferred.
5.2 Regarding all 'Personalised Programs' once you have committed to your program via submitting your 'pre-screen' documentation, you have officially & legally agreed to your minimum contract term & payment plans (this includes any agreement, being verbal or written, to continue your program with us after your initial contracted term)
5.3 Upon completion of the program, participants will no longer have access to the app, including any allocated meal plans and exercise programs. However, additional options will be offered at the end of the program for those who wish to continue accessing these resources. The company reserves the right to update or modify access policies as needed, with prior notice provided to users.
5.4 In the event that the Client becomes non-responsive or fails to maintain communication for the full duration of the current program term, such inaction shall be deemed as the Client's intent to continue participation in the Inform Fitness & Nutrition Coaching Program. Accordingly, upon conclusion of the current term, the Client will be automatically enrolled into a new minimum term contract of equivalent duration, and the associated fees will be applied without further notice.
5.5 If you choose to discontinue prior to your agreed start date or throughout the duration of your program, any payments that have been made will not be refundable & any future weekly instalment payments that fall within your contract term will continue to be charged to your account immediately. The remaining weeks will be credited back to you upon your return to your program. Credits cannot be reused or extended once your program as resumed. Any credits allocated will be valid for a 6-month period. After the 6-month period, your credited weeks will no longer be valid.
5.6 Regarding all 'Personalised Programs', any failed direct debit payments, Inform Fitness & Nutrition Coaching reserves the right to continue to process the failed payment. If any payment methods are disconnected from the system on behalf of the client, Inform Fitness & Nutrition Coaching reserves the right to process the failed payment in full for the duration of your agreed contract via an alternative payment system, using the agreed payment method stored in the business's secured portal.
5.7 The client shall pay for all costs incurred by Inform Fitness & Nutrition Coaching in any attempt to collect any monies owed by the Customer to Inform Fitness & Nutrition Coaching under this Agreement, including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
6. Force Majeure
The Supplier will not be liable to the Customer for any failure to perform, or delay in performing, the Supplier’s obligations under these T&Cs if the failure or delay is due to any cause beyond the Supplier’s reasonable control and if any such failure or delay continues for a period of 14 days the Supplier may terminate any affected Contract.
7. Disclaimer
7.1 Any and all services provided by, in and/or through the Services are for informational purposes only. The Supplier is not a doctor or medical professional and does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information generated by the Supplier should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. The Customer represents to the Supplier (which representation shall be deemed to be made each time they use the Services), that they are not using the Services or participating in any of the activities offered by the Services for the purpose of seeking medical attention.
7.2 The Supplier provides no guarantee that the Customer will see positive results using the techniques provided by its Services (or that are contained in any materials or on any brochures and other materials made available to the Customer) and the Supplier assumes no management responsibility for the Customer’s decisions or practices that it implements based on the Services.
7.3 The Supplier does not warrant or represent that its Services are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
7.4 The Supplier’s services may include material from third party authors or suppliers.
7.5 The Customer agrees that the Supplier is not responsible for examining or evaluating the content or accuracy of the third-party material and the Supplier does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third-party material.
7.6 The supplier may make changes to its Services at any time in their sole discretion without notice or liability.
7.7 To the extent permitted by law, any conditions or warranties which would otherwise be implied into this Agreement are excluded
8. Limitations on claims
8.1 These T&Cs do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or any contractual remedy for their failure.
8.2 If the Customer is a consumer within the meaning of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and Schedule 2 thereto (known as Australian Consumer Law or ACL) nothing in these T&Cs restricts, limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
8.3 The Supplier is not liable for any consequential loss or expense suffered by the Customer, End User or any third party however caused, including but not limited to loss of profits, business, revenue, savings, opportunity, reputation, access to markets, publicity or goodwill or any such liability to the Customer, End User or a third party, except to the extent of any liability imposed by the ACL.
8.4 The Customer acknowledges and agrees that:
(a) it has not relied on any service involving skill and judgment, or on any advice, recommendation, information, reports, tests or assistance provided by the Supplier in relation to the Services or their use or application. Any advice, recommendations, information, reports, tests or assistance provided by the Supplier in relation to the Services supplied by it or their use or application is given in good faith, and is believed by the Supplier to be appropriate and reliable. However, as far as permitted by law, the Supplier is not liable for any loss or damage arising therefrom.
(b) it has not been made known, either expressly or by implication, to the Supplier any purpose for which it requires the Services, and it has the sole responsibility of satisfying itself that the Services are suitable for the use of the Customer;
(c) all written or verbal comments made by the Supplier or Supplier’s representatives are made on an “as is” basis without warranties of any kind either express or implied.
8.5 Nothing in these T&Cs is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
9. Release and Indemnity
The Customer indemnifies the Supplier and each member of the Supplier’s Personnel from and against any Liability or Claim arising directly or indirectly in relation to:
(a) the accuracy of all information provided by the Customer to the Supplier in relation to the Services or any other matters;
(b) the Customer’s breach of these T&Cs or any Contract;
(c) the negligence or wilful misconduct of the Customer or any member of the Customer’s Personnel;
(d) the Supplier or any member of the Supplier’s Personnel delivering the Services in accordance with the Customer’s instructions;
(e) the Services not being fit for any particular purpose;
(f) the Customer or any member of the Customer’s Personnel directly or indirectly causing any delay in the supply of any Services;
(g) the Supplier having to resupply the Services, or undertake any rework, as a result of the actions or omissions of the Customer or any third party;
(h) the Customer or any member of the Customer’s Personnel purporting to cancel any Order or Contract.
9.2 Privacy
The Supplier may collect, use, store, record and transmit your personal information. The Supplier acknowledges and agrees to protect the Customer’s personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).
10. Confidential Information and Intellectual Property
10.1 The Customer will not use, or disclose, any Confidential Information disclosed to the Customer.
10.2 All Intellectual Property Rights in all original work created by the Supplier in relation to the Services will remain with the Supplier and will not be assigned to the Customer.
10.3 If the Supplier supplies any original work to the Customer as part of the Services, the Supplier grants to the Customer a non-exclusive, non-transferrable, right to use the work strictly and only for the purposes of the Customer’s use of the Services. No part of any original work provided by the Supplier to the Customer may in any form or by any means be reproduced or communicated in any part without the Supplier’s prior written permission to do so.
11. Termination
11.1 The Supplier may immediately terminate, or suspend the performance of, any Contract and the Customer must immediately pay any money owed to the Supplier if:
(a) the Customer breaches a term of these T&Cs or any Contract and does not remedy the breach within 7 days of receiving a notice from the Supplier requiring the Customer to do so;
(b) the Customer breaches a term of these T&Cs or any Contract which is not capable of remedy; or
(c) an Insolvency Event arises in relation to the Customer.
12. Miscellaneous
12.1 The parties agree:
(a) no Contract will create any partnership, joint venture, agency or relationship of employment between the parties;
(b) these T&Cs or any Contract may only be amended with the Supplier’s express written agreement;
(c) any waiver by the Supplier must be express and in writing;
(d) the Supplier’s rights under these T&Cs or any Contract do not exclude any other rights of the Supplier;
(e) no Contract will be a sale by sample;
(f) in the event of any dispute, the Supplier’s records will be conclusive evidence;
(g) the actions of any person claiming to have the Customer’s authority will bind the Customer to the extent permitted by law;
(h) if any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply;
(i) the Customer must immediately provide written notice to the Supplier if there is any change in the Control of the Customer;
(j) the Supplier may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party;
(k) the Customer may only assign any rights or benefits under any Contract or these T&Cs or any Contract with the Supplier’s prior written consent; and
(l) these T&Cs and any Contract will be governed by the laws of Victoria.
12.2 In these T&Cs:
(a) the headings will not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning;
(d) a reference to a document includes the document as novated, altered, supplemented or replaced;
(e) a reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
(f) a reference to a person includes a natural person, body corporate, partnership, trust, association or any other entity;
(g) a reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code or law and any consolidations, amendments, re-enactments or replacements;
(h) a word or expression defined in the Corporations Act has the meaning given to the word or expression in the Corporations Act;
(i) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(j) any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;
(k) any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing;
(l) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these T&Cs; and
(m) if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day.
13. Definitions
In these T&Cs:
“Authority” means any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or entity;
“Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
“Confidential Information” means information, whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to the Supplier or any related entity of the Supplier including but not limited to any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter;
“Contract” means a contract formed as a result of the acceptance of an Order by the Supplier;
“Control” has the meaning set out in the Corporations Act;
“Corporations Act” means the Corporations Act 2001 (Cth);
“Customer” means the customer set out in any quotation, offer or other document provided by the Supplier (or, in the absence of such information, the customer who placed the Order);
“Goods” means goods in relation to the Contract;
“Insolvency Event” means any of the following, or any analogous, events:
(a) the Customer disposes of the whole or any part of the Customer’s assets, operations or business other than in the ordinary course of business;
(b) the Customer ceases, or threatens to cease, carrying on business;
(c) the Customer is unable to pay the Customer’s debts as the debts fall due;
(d) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Customer’s assets, operations or business;
(e) any step is taken for the Customer to enter into any arrangement or compromise with, or assignment for the benefit of, the Customer’s creditors or any class of the Customer’s creditors; or
(f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of the Customer’s assets, operations or business;
“Intellectual Property Rights” means any present or future rights conferred by statute, common law or equity in any part of the world in relation to any confidential information, copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties, business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial, scientific, literary or artistic fields;
“Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
“Order” means any written or verbal order by the Customer to the Supplier for Services;
“Personnel” means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;
“Price” means the price of the Services as nominated by the Supplier from time to time;
“Services” means the services in a Contract and the ‘Agreed upon program’;
“Supplier” means Inform Fitness & Nutrition Coaching 70 685 088 506 and its related entities, successors, and assigns; and
“T&Cs” means these Terms and Conditions of Supply.