Terms of Service
Legacy Physio and Fitness
[Updated as at [5/2/2017]]
1. Welcome to Legacy Physio and Fitness.
2. The Website is comprised of various web pages operated by Legacy Physio and Fitness and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“the Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
3. LFA at www.LegacyFitness.com.au is a personal training, coaching and fitness website. We specialise in injury prevention and management. We offer coaching both in person and online.
4. The Website is all about a brand that offers coaching both personally and online. Legacy Physio and Fitness specialise in injury prevention and management.
6. Visiting the Website, filling out a Google and/or written forms, telephone, Skype, signing up for newsletters, testimonials, blog posts, sending us an email, locating us on social media, speaking to us over the telephone and/or sending emails to Legacy Physio and Fitness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and on the Website satisfy and legal requirement that such communications be in writing.
7. Legacy Physio and Fitness does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
OPT-INS – FREE EBOOK GIVEAWAYS
8. By providing your name and email to Legacy Physio and Fitness to provide you with a free Ebook (“the Opt-Ins”), Legacy Physio and Fitness will provide you with, inter alia, a free copy of an Ebook written by [Dale Schalkwijk] which enlighten Users on, inter alia, how to relieve back pain (“the Ebook”).
8.1 You are specifically reminded that all the information in the Ebook is only provided as a matter of suggestion from LFA. All readers should not use any of the information on the Ebook to attempt to diagnose, treat, cure or prevent any conditions, health problems or illnesses.
8.2 You are further reminded and advised to contact your primary care physician for treatment and care.
LINKS TO THIRD PARTY SITES
9. Legacy Physio and Fitness may contain links to other website (i.e. Paypal) (“Linked Sites”). The Linked Sites are not under the control of Legacy Physio and Fitness and Legacy Physio and Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or update to a Linked Site. Legacy Physio and Fitness is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Legacy Physio and Fitness of the site or any association with its operators.
10. By using any of these third party links, service or functionality originating from the third party sites and organization, you hereby acknowledge and consent that Legacy Physio and Fitness may share such information and data with any third party with whom Legacy Physio and Fitness has contractual relationship to provide service(s) or functionality on behalf of the users.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
12. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provide for through the Website.
13. All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of Legacy Physio and Fitness and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
14. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
15. Legacy Physio and Fitness content is not for resale.
16. Your use of the Website does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Legacy Physio and Fitness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Legacy Physio and Fitness or our licensors except as expressly authorised by these Terms.
17. All information and content on the Website are controlled, operated and administered by Legacy Physio and Fitness from our offices in Australia. If you access the information and content from a location outside Australia, you are responsible for compliance with all local laws.
18. Your agree that you will not use Legacy Physio and Fitness Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
19. You agree to indemnify, defend and hold harmless, without limitations, Legacy Physio and Fitness, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
20. Legacy Physio and Fitness reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Legacy Physio and Fitness in asserting any available defences.
21. The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Legacy Physio and Fitness and/or its suppliers may make improvements and/or changes in the Website at any time.
22. Legacy Physio and Fitness and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. Legacy Physio and Fitness and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
23. To the maximum extent permitted by applicable law, in no event shall Legacy Physio and Fitness and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of any failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Legacy Physio and Fitness or any of its Suppliers has been advised of the possibility of damages.
TERMINATION / ACCESS RESTRICTION
25. Legacy Physio and Fitness reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice.
26. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.
27. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
28. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Legacy Physio and Fitness with respect to the Website and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written between the user and Legacy Physio and Fitness with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
CHANGES TO TERMS
29. Legacy Physio and Fitness reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. Legacy Physio and Fitness encourages you to periodically review the Terms to stay informed of our updates.
30. Legacy Physio and Fitness welcomes your questions or comments regarding the foregoing Terms.
Effective as of [5/02/2017].