The Fit Mother Terms of Use

The Fit Mother website (www.thefitmother.com) (Website) is operated by The Fit Mother Pty Ltd (ACN 616 106 588) (we, us, our).

Use of the Website and any information or services provided through the Website is subject to the following terms and conditions and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Website from time to time (together, Terms of Use).

By registering on the Website or accessing or using any of the Website and the information and services provided through the Website, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Website or you become a member of the Website (both, Users).  If you do not agree with any of Terms of Use, or any changes to them, do not register on or use the Website.

1. Use of The Fit Mother

The Website is designed to provide a place where women can access and share information about exercise, nutrition, mindfulness and wellness.
The information and material contained in or available through the Website (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual Users.  No Information is intended to be used or relied on as medical advice or to diagnose, treat, cure or prevent any medical condition.  Users are responsible for making their own inquiries and seeking independent advice from a healthcare professional before relying on any Information.  Users access the Website, and rely on the Information, at their own risk.
In particular, the Website and Information may include features that promote exercise programs or other physical activity.  Users acknowledge that there are risks involved with engaging in physical activity and agree to consult with a healthcare professional before engaging in any exercise programs or other physical activity promoted through the Website.   Users should not engage in any exercise program or other physical activity if their healthcare professional advises against it.

2. Membership

To participate in the Member section of the Website, Users must register on the Website and pay the required membership fee.  To register on this Website, Users must be aged 18 years or over. Member information may include, but is not limited to, your name, contact details and credit card details.
Users must provide us with complete and up-to-date registration information, as requested.  It is the responsibility of Users to inform us of any changes to their registration information.
Users agree to keep their user-name and password confidential and secure and not to permit any other person to access the Website using their user-name and password.  We are entitled to assume that all uses of the Website under a User’s user-name are undertaken by that User (unless we have been told that a User’s details have been compromised).
Membership is non-transferable.

3. Access and use of The Fit Mother

Users acknowledge and agree that we may:

  • make changes to the Website and the services provided through the Website. Users will be given 4 weeks notice of substantial and ongoing changes and will be permitted to terminate their memberships if those changes are not acceptable to them;
  • monitor access to and use of the Website by Users; and
  • cancel a User’s access to the Website if we believe:
    • the User has breached the Terms of Use; or
    • the User is no longer eligible or authorised to access the Website.

Access to the Website depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure.  Accordingly, we cannot ensure the security of any information transmitted to, from or using the Website and Users do so at their own risk.

4. User-posted content

Some parts of the Website may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material) that may be accessed and viewed by other Users.  Users are responsible for any Material they submit to, on or through the Website and must respect the legal rights and sensibilities of other Users.
We reserve the right to (but have no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through the Website in our sole discretion.

By submitting, uploading, posting or transmitting Material to, on or through the Website, Users:

  • grant us a royalty free, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating the Website and providing any associated services to Users and for our promotional purposes;
  • consent to us using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes;
  • grant other Users a royalty free, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use;
  • warrant that they are legally entitled to submit, upload, post or transmit the Material to, on or through the Website and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material to, on or through the Website and to permit us and other Users to deal with the Material in accordance with the licences granted above; and
  • consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

5. No liability for misuse by other Users

We do not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties.  In particular, we are not responsible for the infringement of the copyright in Material by other Users.

6. Conduct of Users

Users must not submit, upload, post or transmit Material to, on or through the Website that:

  • is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
  • contains nudity, swear words or excessive violence;
  • is reasonably likely to offend another User;
  • contains advertising or is otherwise submitted, upload, posted or transmitted for commercial purposes;
  • violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
  • contains personal information of any person (such as name, address, email address, phone number), except with the relevant person’s permission; or
  • contains financial, legal, medical or other professional advice.

Users must not use the Website to:

  • conduct any illegal activity;
  • cause annoyance or inconvenience to any person including other Users; or
  • harvest information about other Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

7. Material posted by other Users

We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted or transmitted to, on or through the Website.

The views and opinions expressed in Material posted by Users on the Website are the views and opinions of the authors and do not necessarily represent our views or opinions.  We do not endorse or support any views or opinions posted by Users on the Website or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

Users agree that we are not liable for the opinions or behaviour of other Users, including any Material they submit, upload, posted or transmit on the Website and any defamatory statements or offensive conduct. Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to us using the contact details below.

8. Disclaimer of warranties and representations

Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website or any Information or services available through the Website.  In particular, we do not warrant or represent:

  • Users’ systems will meet the minimum requirements to enable use of the Website;
  • information provided on the Website is accurate, complete or suitable for any purpose;
  • the Website and its services are free from any computer viruses or defects; or
  • Users’ access to the Website and its services will be continuous or uninterrupted.

9. Our liability

Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision).  However, to the maximum extent permitted by law, our liability for failure to comply with any Non-Excludable Provision is limited (at our option):

  • in the case of goods – to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by us);
  • in the case of services – to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us); or
  • where we are permitted to do so, by excluding our liability for or arising out of any (except to the extent it constitutes significant personal injury caused by our reckless conduct):
    • death of any person;
    • physical or mental injury to any person (including the aggravation, acceleration or recurrence of physical or mental injury);
    • the contraction, aggravation or acceleration of a disease of any person; and
    • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to any person, that is or may be harmful or disadvantageous to that person or the community, or that may result in harm or disadvantage to that person or the community.

Except as specified in this section, to the extent permitted by law:

  • we will not be liable for any consequential, indirect or incidental damages or loss; and
  • our total liability to any User, whether in contract, tort, statute or otherwise, or in any manner related to the Terms of Use or the Website is limited in the aggregate to the total amount of membership fees paid by the User in the month immediately preceding the claim.

10. Links to third party websites

The Website may contain links to other websites that are not operated or controlled by us.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by us.
We are not responsible for the content of third party websites, which are not covered by the Terms of Use.  Users access those websites at their own risk.

11. Indemnity

Users indemnify us in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of them acting inconsistently with or breaching any part of the Terms of Use.

12. Copyright

Copyright in the material in or available on the Website is owned by us or our licensors.
Users may download information from the Website and print out that information, but only for their own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth), no part of the Website (including any Material posted on the Website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent.  Requests for consent should be directed to us using the contact details below.

13. Jurisdiction

The Terms of Use will be governed by the laws of Victoria, Australia.  Users agree to submit to the non-exclusive jurisdiction of the courts of Victoria in the event of a dispute arising out of, or in connection with, any use of the Website.

14. Changes to these terms and conditions

We may amend these terms and conditions from time to time by posting the amended version on the Website.  Subsequent or continuing use of the Website will constitute acceptance of any changes.

Where there are material changes to these terms and conditions that could in our reasonable opinion adversely affect Users registered on the Website, we will notify those Users of the changes (which, for these purposes, may include notification when a User logs on to use the Website or an email sent to the User’s email address provided to us).  If any Users do not agree to such changes, they may terminate their registration and obtain a refund of any membership fees which have been pre-paid for the time then remaining on their membership, by contacting us using the details below.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions.  The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

15. Contact

If you have any questions regarding the Terms of Use or the Website, please contact us:
Email: hello@thefitmother.com
Post: 103 Cochrane Street, Brighton 3186

 

Privacy Policy

The Fit Mother is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone numbers, due dates (if you are pregnant).

This Personal Information is obtained in many ways including [interviews, correspondence, by telephone, by email, via our website www.thefitmother.com, from your website, from media and publications, from social media, from other publicly available sources, from cookies] and from third parties. We don’t guarantee website links or policy of authorised third parties.

Cookies are frequently used and in themselves do not identify the user, just the computer used. You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. If you decide not to display cookies you may not experience optimum performance of our Site.

While our Site may contains links to other websites with the exception of our related entities, those websites are not subject to our privacy standards, policies and procedures. We recommend that you make your own enquires as to the Privacy Policies of these third parties and we are in no way responsible for the privacy practices of these third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained
  • For a secondary purpose that is directly related to the primary purpose
  • With your consent; or where required orauthorised

    by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

  • Third parties where you consent to the use or disclosure; and
  • Where required orauthorised

    by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.  If we do not agree to provide you access or to correct the information as requested, we will give you written reasons why.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

To assist us to keep our records up-to-date, please notify us of any changes to your personal information.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

 

103 Cochrane St, Brighton, VIC 3186

or

hello@thefitmother.com

 

Updated July 22, 2017