TERMS AND CONDITIONS

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you use our Services are set

out below:

• Our total liability to you under these Terms is limited to 100% of the Fees paid by you, and we will not be liable for any consequential loss (for example, lost profit or savings) (see clause 8.1);
• We will not be liable for any unavailability of or errors in the Platform (which is not hosted by us), any delay in us providing the Services to you, any event beyond our reasonable control, any failure by you to receive any specific outcome or benefit with respect to our Services or the Content, or for any loss arising from any action taken or reliance by you on any Conten or our Services (see clause 8.2);
• The Fees are non-refundable (see clause 3.3); and
• We may amend these Terms at any time by notifying you by email with at least 30 days’ notice (clause 11.9).

Nothing in these Terms limit your rights under the Australian Consumer Law.

DISCLAIMER

We and our personnel are not medical practitioners, and do not give medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Services or the Content we provide may be taken to be medical advice, treatment or a diagnosis by us or our personnel, nor are the Services or the Content intended to be a substitute for consulting a medical practitioner.

You acknowledge and agree that you should always speak with your doctor or other healthcare professional if you require medical support. If you or someone you know is experiencing suicidal thoughts, you should contact a medical professional, or if you are in Australia call Lifeline on 13 11 14.

We may update the Content at any time but cannot guarantee that the Content is accurate and up to date at all times.

You acknowledge and agree that our Services and the Content on the Platform may not consider all of your personal attributes, specific needs, medical conditions or circumstances, and in some cases, may not be accurate or suitable for you. You confirm that you are healthy and fit to use our Services and the Content. If you have any doubt, you should check with a medical or health practitioner.

Our Services provide you with information and resources to help you get active and moving, but we make no guarantees of any specific results from the use of our Services or the Content.

We do not operate the Platform, so we cannot promise that the Platform will be error-free or uninterrupted. The Platform and Content is delivered on an “as-is” and “as-available” basis and is reliant on third-party website providers.

To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any Content or our Services.

1 Acceptance

1.1 Welcome to Victoria Stag Movement Program! We offer paid courses and fitness and exercise services (together, the Services) to help you get active and moving.

1.2 Our Services are available through a third party website run by FreshLearn (Platform).

1.3 By accessing the Content or Services or clicking “I accept”, you:

(a) confirm to us that you are at least 18 years old and you have reviewed and accept these Terms and Conditions (Terms);

(b) you have accepted the Platform’s terms and conditions; and

(c) agree to use the Content and Services in accordance with these Terms.

1.4 You must be at least 18 years old to access the Content and Services.

1.5 In these Terms, we, our or us means Victoria Syetho (ABN 83 576 732 721), and you or your means the person or entity accessing or using the Content and Services.

2 Signing up

2.1 To benefit from our Services, you will need to create an account on the Platform. To create an account you need to accept the Platform’s terms and conditions. You must provide basic information when registering for an account including your name and email address and you must choose a password.

2.2 You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

2.3 You are responsible for keeping your account details and your password confidential and you will be liable for all activity on your account, including purchases made using your account details. You agree to immediately notify us of any unauthorised use of your account.

2.4 It is your responsibility to check the features of the Content and Services or any additional Services you are purchasing, including the pricing, description, inclusions and other details before you make a purchase through the Platform.

3 Fees

3.1 You may access the Content by paying the fee for the Content, as advised to you by us or as out on the Platform (Fees).

3.2 The Fees may be charged upfront on the day when you sign up to these Terms (Payment Date) or if via re-occuring payment if taken as a subscription. You may cancel the subscription at anytime. In some cases, your Payment Date may change, for example, if payment is unable to be processed. You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay the Fees and any other amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

3.3 To the extent permitted by law, once paid, the Fees are non-refundable.

3.4 Unless otherwise stated on the Platform or otherwise notified by us to you, all Fees are stated in Australian dollars and are inclusive of GST.

3.5 You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means.

3.6 It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.

3.7 If any payment is not made in accordance with these Terms, we may (at our absolute discretion): (1) suspend or terminate your access to the Content and Services; (2) immediately cease providing you with access to the Content and Services and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so; and/or (3) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with these Terms.

4 Payment terms

All payments of the Fees must be made via one of the payment methods set out on the Platform including our payment processors, currently Stripe and PayPal (please note the payment processor may change from time to time). Payment of any amounts using a payment processor may be subject to the payment processor’s terms and conditions.

5 Additional Services

5.1 We may offer additional Services to you, from time to time. If you choose to engage us for these additional Services, you agree to pay the relevant fees (as notified by us to you).

5.2 We may, at our absolute discretion, accept or reject a request for additional Services. We will endeavour to notify you of a rejection within a resonable time of you making your request. If we accept a request for additional Services, we will send you instructions for full payment upfront of the additional Services.

5.3 Any additional Services will be subject to, and will be governed by, these Terms and any other conditions agreed to by the Parties in writing.

6 Intellectual property

6.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our resources including our written content, videos, webinars, seminars, guides, tools, tips and email communication with us or other materials (including in connection with these Terms, the Platform and our Services) will at all times vest, or remain vested, in us. Our intellectual property described in this clause is referred to in these Terms as the Content.

6.2 We give you a limited, revocable, non-transferable licence to use, for your personal use, the Content we provide to you as part of the Services.

7 Prohibited conduct

You must not access or use the Platform, the Content or our Services except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights, on the Platform. Without limiting the foregoing provisions or the terms and conditions for the Platform, you must not and must not permit any other person to:

(a) reveal your account password; or

(b) resell, assign, transfer, distribute or provide others with access to the Platform or any Content from the Platform (including publishing or posting our Content on any other website or on social media pages).

8 Limitations

8.1 Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate liability for any and all liabilities (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise) arising from or in connection with these Terms will be limited to, and must not exceed, the portion of the Fees paid by you to us;

(b) a party’s liability for any liability (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise) arising from or in connection with these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and

(c) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

8.2 Despite anything to the contrary, to the maximum extent permitted by law, and without excluding your Consumer Law Rights, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with:

(a) any use or application of the Content or Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

(b) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;

(c) any third parties or any goods and services provided by third parties, including third party applications, which the provision of the Services may be contingent on, or impacted by;

(d) any unavailability of or errors in the Platform, or any delay in us providing the Services to you, for whatever reason;

(e) any event outside of our reasonable control; or

(f) your failure to receive any specific outcome or benefit with respect to our Services or the Content.

9 Australian Consumer Law

9.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms attempts to exclude, restrict or modify your Consumer Law Rights as a consumer under the ACL.

9.2 Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

10 Termination

10.1 We may terminate these Terms and/or cease providing the Content and Services for any reason by providing you with 30 days’ written notice. You may terminate these Terms for any reason by providing us with 30 days’ written notice.

10.2 We may immediately suspend, terminate or limit (at our discretion) your access to and use of the Content and Services if we reasonably suspect that you are in breach of these Terms, and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach or suspected breach.

10.3 Following termination of these Terms or us ceasing to provide the Content and Services, to the maximum extent permitted by law, all amounts paid by you are non-refundable (unless we otherwise agree), and we may (at our absolute discretion) allow you to download the Content, but we are not obliged to.

11 General

11.1 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

11.2 Competitors: You are prohibited from using the Content in any way that competes with our business. If you breach this term, we will hold you responsible for liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

11.3 Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

11.4 Governing law: These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform.

11.5 No commercial use: The Content is for your personal, non-commercial use only. You must not use the Content for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

11.6 Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.

11.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

11.8 Survival: Any clause which by its nature survives the termination or expiry or these Terms, will survive the termination or expiry or these Terms.

11.9 Variation: We may modify these Terms from time to time by notifying you by email with at least 30 days’ notice. By continuing to use the Platform and accessing the Content and Services after such modification, you agree to the amended terms. If you do not agree to the modifications, you may terminate these Terms.

11.10 Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

For any questions and notices, please contact us at:

Victoria Syetho (ABN 83 576 732 721)

Email: support@victoriastag.com

Last update: 14 August 2023

© LegalVision ILP Pty Ltd