Welcome to Fitness Education Online.
Fitness Education Online ("Fitness Education Online", "we", "us", "our") is a service which provides online continuing education resources and courses to personal trainers. We enable you to purchase and access compliant Fitness Australia Continuing Education Courses (CEC) material through our website (“Course Material”).
Our main focus is providing an environment which fosters individuality, safety (physically and emotionally) and one which all participants and staff feel comfortable. We will do our utmost to provide an environment, which is fair, equitable and free of all forms of discrimination for all clients, contractors and staff members. If you feel we have in anyway not abided by the above statement or the [Fitness Industry Code of Practice], please act immediately by informing the instructor or by providing a written complaint directly to Fitness Education Online.
All complaints are taken seriously and we will do our utmost to solve any issues as quickly and fairly as possible in order to achieve the best possible outcome for all parties.
Please read this document carefully because this User Agreement and Website Terms of Use (collectively, "Terms")describe the legally binding agreement between you and Fitness Education Online on which we offer you access to our services and Course Material, including the services provided by our independent third party payment processor/s.
The Terms, including our [Privacy Policy] are a contract between you ("you", "your") and Fitness Education Online. By creating a Fitness Education Online account, you must live in Australia and have read, understood, and agree to be bound by the Terms. Users of the Service must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with Fitness Education Online. Persons between the ages of 13 and 18 may only use the Service with the supervision of a parent or legal guardian who registers for an account with Fitness Education Online and thus agree to be bound by these Terms.
If you do not agree to the Terms or are under the age of 13, do not use the website or the Service. These Terms do not affect any agreements you have with any other party for products, services or otherwise.
We reserve the right to modify these terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Service, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the Fitness Education Online website [Terms of Service]. By agreeing to this you consent to receive notifications through these means and your continued use of the Service will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.
SECURITY We encourage all users to have a passcode lock on their devices. Do not share your passcode with anyone. If you lose your device please contact us at jonathon@fitnesseducationonline.com.au as soon as possible so we can put a hold on your account.
PRIVACY POLICY We respect your personal data and privacy at Fitness Education Online. Please refer to our [Privacy Policy] on how information of our users is collected, used and disclosed.
ADDITIONAL TERMS Our Terms of Sale apply when you purchase products from Fitness Education Online. These are subject to change at any time at our discretion, and so the Terms of Sale should be reviewed each time a purchase is made.
LINKS TO THIRD PARTY SITES AND SERVICES
Any links to other third-party websites are not owned or controlled by Fitness Education Online. Please be aware that we are not responsible for the privacy or other practices of such websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.
Fitness Education Online can provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials on the Service. This does not indicate that Fitness Education Online endorses or controls, or makes warranties or representations of any kind in relation to third-party services or materials. All users are deemed to accept and understand that access to any third party website (including social media) is entirely at their own risk. Fitness Education Online takes no responsibility for any legal issues or otherwise that may result from your use of the third-party services of materials, nor the loss, damage or harm that may be incurred as a result of your use of such services. Your access to these services is not governed by Fitness Education Online’s terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for third-party services are solely between you and the service provider and not Fitness Education Online.
INTELLECTUAL PROPERTY AND LIMITED LICENSE
Unless otherwise indicated, the Services and all Course Materials, content and other materials are the proprietary property of Fitness Education Online and are protected by Australian intellectual property legislation. Fitness Education Online grants you a limited, non-exclusive license to access and use the Services and Fitness Education Online content only under these Terms. The license is subject to these terms and you are not permitted to:
A.Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Course Material or the Fitness Education Online Content;
B.Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Course Material, Services or Fitness Education Online Content;
C.Modify, alter or otherwise make any derivative uses of the Course Material, Service or the Fitness Education Online Content, or any portion thereof;
D.Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Course Material, Services or Fitness Education Online Content;
E.Use any data mining, robots or similar data gathering or extraction methods;
F.Download (other than page caching) any portion of the Services or the Fitness Education Online Content, except as expressly permitted via the Services; and
G.Use the Course Material, Services or the Fitness Education Online Content other than for their intended purposes.
Any use of the Course Material, Services or the Fitness Education Online Content other than what is specifically referred to in these Terms of Service is prohibited and any licence granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
“Fitness Education Online”, the logo and any other Fitness Education Online product or service names are Fitness Education Online’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of Fitness Education Online. All trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.
Fitness Education Online has a policy of terminating – in appropriate circumstances and at Fitness Education Online’s sole discretion – users who are deemed to be repeat infringers of Fitness Education Onlie’s intellectual property rights, including copyright. Fitness Education Online may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing jonathon@fitnesseducationonline.com.au. If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
USER CONTENT The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Service (“User Content”). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. We reserve the right to cancel a User account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:
1.Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
2.Any sexually explicit Content; 3.Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation; 4.Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages”and “pyramid schemes”; 5.Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary rightor intellectual property; 6.Posting Content originally posted by another User without permission or attribution; 7.Content designed to deceive or trick the user of the Service;
8.Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
9.Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
10.Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or
11.If we in our judgment and sole discretion deem it appropriate. If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to jonathon@fitnesseducationonline.com.au.
We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
While Fitness Education Online does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Fitness Education Online reserves the right to remove, screen or edit any content posted, stored or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.
Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store or upload onto the Service. You therefore allow Fitness Education Online and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Service. You represent and warrant that:
I.You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
II.The content posted, stored or uploaded onto the Service is accurate and not misleading;
III.Fitness Education Online’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
USER CONDUCT
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:
Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms of Service;
Flag content or report abuse for improper purposes or without good reason;
Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose; Create an account, post or upload any content if the person is not over 13 years of age;
Use or attempt to use another user’s account without their authorisation or Fitness Education Online;
Modify, adapt, hack or emulate the Services;
Use any interface not provided by us to access the Services or to extract data;
Develop any third-party applications that interact with User Content or the Services without our prior consent;
Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
Infringe upon/violate the rights of Fitness Education Online, our users or any third-party. Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Fitness Education Online. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service.
FEEDBACK We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of Fitness Education Online. We own the intellectual property rights in and to such feedback, and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.
DISPUTES For any technical issues with our Service please contact jonathon@fitnesseducationonline.com.au for us to review the problem. We will take all measures to rectify the issue as soon as possible. Fitness Education Online will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process. Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:
Notify Fitness Education Online via email at jonathon@fitnesseducationonline.com.au about the complaint you may have.
Fitness Education Online reserves all rights to conclude and offer, if warranted and applicable, a reasonable remedy for your complaint. In the event your complaint violates the Usage Policy, the Terms & Conditions for our website, any other policy not herein, or any and all applicable state and federal laws, we may dismiss your complaint.
Any complaint or grievances should be aired as soon as possible (within 14 days of course completion) with either the course instructor or by emailing Fitness Education Online. All complaints will be taken seriously and upon receiving a complaint we will contact you within 10 business days to discuss any concerns regarding your experience with Fitness Education Online and we will work our hardest to provide a quick resolution to any issues raised. In the event that you believe we have breached our code of ethics practice, you need to make a complaint in writing to Fitness Education Online where your complaint will be assessed.
DISCLAIMERS You expressly acknowledge that Fitness Education Online does not warrant that the functions contained in the Service will be uninterrupted or error-free.
INDEMNIFICATION In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.
LIMITATION OF LIABILITY In no event will Fitness Education Online be liable to you or any third party for any actions, suits, claims, demands, proceedings, losses, compensation, sums of money, costs, legal costs, charges, expenses or incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the use of the Service and content contained, including but not limited to the Course Materials, services, user content, Fitness Education Online content, third party services and/or materials, however caused, regardless of the liability and even if Fitness Education Online has been advised of the possibility of such damages. By continuing to use the Course Material you warrant to Fitness Education Online that you have accurately completed the[Stage One] questionnaire in relation to your health and fitness suitability. Fitness Education Online will not be liable under any circumstances for any injury to your or a third party that arise as a result of you supplying false information to Fitness Education Online in relation to your health and/or fitness level.
APPLICABLE LAW Fitness Education Online is based in Australia and our Service is subject to Australian legislation. We make no representations or warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.
TERMINATION OF SERVICE Your account with Fitness Education Online and any access to the products and services is and shall remain at the sole and absolute discretion of Fitness Education Online. Fitness Education Online will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will Fitness Education Online be held liable for the removal of or disabling of access to any part or feature of the Service.
SEVERABILITY Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
WAIVER Enforcement of the Terms is solely at our discretion and Fitness Education Online’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
ASSIGNMENT Fitness Education Online can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Fitness Education Online’s successors and assignees. You may not assign these Terms to another person or entity.
REFUND POLICY As you have access to our electronic information immediately we cannot offer refunds. If there is however a problem with anything you have purchased we will provide a replacement, repair or other form of remedy.
CONTACT US Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at jonathon@fitnesseducationonline.com.au or:
Fitness Education Online Pty Ltd: 612 188 128
Attn: Jonathon Petrohilos
37 Stuart Street, Blakehurst NSW 2221
Website: http://www.fitnesseducationonline.com.au/ Email: jonathon@fitnesseducationonline.com.au
Phone: 0412 758 031
