Eat Run Lift ERL12 Terms of Registration
By purchasing your entrance into ERL12, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking "I accept", you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
The purchase of all digital products, eBooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
All digital products, eBooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Eat Run Lift may encrypt, force password and/or stamp license details, and disable copying on its digital products to ensure additional safety.
All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
Incase you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
By placing an order with Eat Run Lift, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed for the sale and supply of any products. None of these terms & conditions affect your statutory rights.
Payments and Refunds
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable and are non-transferable between ERL12 rounds, unless:
- during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at firstname.lastname@example.org, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter etc); or
- we agree to issue you with a refund in accordance with the clause (variation) below.
To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.
Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.
All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. The 'term' of an ERL12 round is 12 weeks. All membership payments established on a split payment basis will run for the designated time (selected at checkout) and then the direct debit will cease.
If any content has been downloaded by member the program is considered 'accessed' and the member will no longer be entitled to a refund unless there has been a major server failure or the ERL12 website is inaccessible to the member.
All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term.
Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Copyright © 2015 Eat Run Lift ABN 49 619 105 121. This copyright notice applies to the websites:
a) http://www.eatrunlift.me and http://studio.eatrunlift.me
b) Is owned by Eat Run Lift ABN 49 619 105 121.
Copyright & Intellectual Property
Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
User Login Information
Within 7 days of registering for the ERL12 you will receive an email to set up your personal password for the ERL12 membership section of the website. It is your responsibility to check your junk and spam folder prior to contacting Eat Run Lift if you have not received this email. Eat Run Lift does not have access to any of your personal information, and cannot see any passwords or private information you set up in the ERL12 system.
You agree to provide accurate and truthful details about yourself for the purposes of your registration to the website, for the Plan, the Challenge and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information. Once you register on the website, you will be given access to a "Clients only" email subscription and Forum access. Access to the information provided through email subscription and the Forum is for your sole use only. Any password or right given to you to obtain access to the "Clients only" email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party. We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
You acknowledge that Forum membership provides for public communications. To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum. You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise, or the website, the Plan, the Challenge, the Forum and/or the individuals representing the website and/or their employees.
You will not use the Forum:
a) For any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b) To incite others to conduct the activities described in sub-paragraph;
c) To interfere with the lawful and reasonable use of the Forum by others;
d) To attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration; and
) To sell or promote any services or products to other forum members.
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
- sharing the content of this Website or your account with other persons;
- publishing or posting any of the content (such as recipes or exercise programs) on any other website;
- using the logo or trade marks of this Website, the phrase "ERL12" (or anything substantially identical or deceptively similar), Beau Bressington or his likeness, Rachel Aust or her likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
- systematic downloading or "scraping" of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
Conditions of Use of Website
Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Our ServiceOur service shall be delivered as described from time to time on our website.
Information Provided on Website
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
The ERL12 Support Crew includes experts on nutrition and fitness. Our experts may receive requests from members about that member's specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Eat Run Lift.
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your individual purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of FSANZ, ERL12 or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
You require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website.
The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
- pregnant women and women who are breastfeeding or who are trying to conceive a child;
- persons with any on going physical condition such as:
- persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure,
- persons with eating disorders;
- persons with diabetes, blood pressure or cholesterol issues;
- elderly persons;
- persons recovering from or recently recovered from illness or injury; and
- persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service.
Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any "recreational services" or "recreational activities" (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities.
By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) 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: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website. You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at email@example.com. We may investigate the claim and take appropriate action, in our sole discretion.
Non ERL12 services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from Eat Run Lift. If in the opinion of the ERL12 members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then ERL12 reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Limitation of liability
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause , in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.