These Terms of Use (“Terms”) govern your use of our website www.atotalapproach.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Zazeh Morfittis trading as A Total Approach ABN 58 996 174 450 (“ATA”).
These Terms are important. You should read them carefully and contact ATA if you have any questions before you use the Site. You can contact ATA at email zazeh@atotalapproach.com.au.
By using the Site you acknowledge and agree you have had reasonable opportunity to read and understand the Terms and you agree to be bound by them. Your access to, and use of, the information and materials on this Site is conditional upon your acceptance and compliance with these Terms. If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
1.1 ATA grants you a non-exclusive, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial and non-business use.
1.3 You must not add or generate any content to the Site or to any other internet and online social media providers (including, for example, but not limited to providers such as www.facebook.com, http://twitter.com/, google+ and http://plus.google.com/, www.pinterest.com)(“Associated Sites”):
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is, or could reasonably be considered to be, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring ATA, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites, including social media websites. The Site, other linked websites, and social media websites ATA participates in, have content added by people other than ATA. ATA does not endorse, sponsor or approve any such user-generated content or any content available on any linked website or social media website.
1.5 You cannot:
(a) use data mining, software, robots, screen copying, or similar data gathering tools on this Site to reproduce or copy information from this Site to another website or in any other publication;
(b) modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material or information from this Site, including code and software;
(c) use any feature of, or information from, this Site to send any unsolicited messages or material to anybody;
(d) use any media release, advertising material, promotional material or any other form of publicity relating to ATA without ATA’s prior written approval.
1.6 You acknowledge and agree that:
(a) ATA retains complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in ATA’s sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights to you. You acknowledge and agree that, as between you and ATA, ATA owns all intellectual property rights in the Site.
2.2 By posting or adding any content onto the Site, you grant ATA a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit ATA to authorise any other person to do the same thing.
2.3 You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and promise to ATA that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. Warranties
3.1 You represent and promise to ATA that you have:
(a) the legal capacity to enter these Terms; and
(b) complied with clause 1.3.
4. Liability
4.1 To the full extent permitted by law, ATA excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, ATA excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, ATA limits its liability in respect of any claim to, at ATA’s option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
5. Risks
5.1 You have agreed to ATA providing services to you, including of a fitness, or personal training activities or providing nutritional advice, or programs including a combination of some or all of these (“Services”).
5.2. You agree, promise and acknowledge:
(a) Services include from time to time strength, flexibility and aerobic exercise, use of equipment, all of which are potentially hazardous; and
(b) Services involve a risk of injury or death; and
(c) you agree and confirm you are voluntarily participating in the Services with knowledge of the dangers involved; and
(d) you assume and accept any and all risk of injury or death caused by or incidental to the provision of the Services; and
(e) ATA is not liable in respect of any injury, harm or damage caused by or arising from any Services provided by ATA; and
(f) you have been informed you should consider obtaining your doctor’s approval to participate in the Services, and you acknowledge you have either consulted your doctor about your intended participation in the Services, or you have decided to participate in the Services without your doctor’s approval and therefore you assume all responsibility for your participation in the Services; and
(g) you declare that, unless you inform ATA in writing before participating in the Services or in any ATA program, you are:
(i) physically sound and suffering from no condition, impairment, disease, or other illness;
(ii) not taking any medication, whether prescribed by a doctor or not; and
(iii) you do not suffer from or are affected by any allergy;
that would prevent your participation in the Services.
6. Termination
6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
6.2 ATA may otherwise terminate these Terms or any agreement with you immediately, on notice to you, if you have breached these Terms in any way.
7. Use of the Site and Associated Sites
7.1 ATA uses, and may require you to use Associated Sites to provide ancillary support, online interactive and other facilities related to ATA providing the Services.
7.2 In using Associated Sites, you acknowledge and agree you may be required by Associated Sites to enter a separate agreement with Associated Sites.
7.3 You acknowledge and agree Associated Sites may collect, track, retain and distribute information and data (“Data”) arising from you use of, or participation in, Associate Sites.
7.4 Associated Sites may provide to you, or authorise others to provide to you, information and advertising concerning and/or arising from your use and participation in the Associated Sites.
7.5. While ATA will not itself directly provide Data about or concerning you to Associated Sites, your agree, acknowledge and consent to the Associated Sites obtaining Data concerning and/or arising from the Services and your use and participation in the Associated Sites.
7.6 To the full extent permitted by law, you exclude ATA from all liability in respect of any collection or use of Data by Associated Sites.
8. General
8.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
8.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.3 Each party must at their own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.4 This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the jurisdiction of the courts of New South Wales.
8.5. A waiver by ATA under any provision in this Agreement does not prejudice ATA’s rights in respect of any subsequent breach of this agreement by you.