Terms and Conditions

  1.  About the Website
    1. Welcome to powerbodyforlife.com (the ‘Website‘). The Website provides you with an opportunity to browse and reach out regarding training services.
    2. The Website is operated by Powerbody for Life. Access to and use of the Website, or any of its associated products or services, is provided by Powerbody for Life. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of services, immediately.
    3. Powerbody for Life reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Powerbody for Life updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Powerbody for Life in the user interface.
  3. Warranty
    1. Services
      1. Powerbody for Life will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Powerbody for Life makes no warranty that the services will meet your requirements or that all clients will achieve the same results.
      2. The services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your PT contract with Powerbody for Life, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
  4. Copyright and Intellectual Property
    1. You acknowledge that the Website, Powerbody for Life’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Powerbody for Life or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts or on any other related platform (‘the Content).
    2. You hereby indemnify and agree to keep indemnified Powerbody for Life against all liability, losses or expenses incurred by Powerbody for Life in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Powerbody for Life or any third party by you or your agents.
    3. You may not, without the prior written permission of Powerbody for Life and the permission of any other relevant rights owners:
      • broadcast;
      • republish;
      • up-load to a third party;
      • transmit;
      • post;
      • distribute;
      • show; 
      • play in public, adapt or ;
      • change
        in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
    4. For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Powerbody for Life, Powerbody for Life grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
  5. Privacy
    1. Powerbody for Life takes your privacy seriously and any information provided through your use of the Website are subject to Powerbody for Life’s Privacy Policy.
  6. Information Disclaimer
    1. Any information, advice, content or documentation provided on the Website, through the services including on but not limited to social media accounts, or on any other related platform do not constitute professional, financial, business, medical or other advice and are provided for general information and guidance purposes only.
    2. All care is taken in the preparation of the information and published materials on the Website, through the services, including on social media accounts, or on any other related platform. Powerbody for Life does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    3. To the extent permissible by law, Powerbody for Life will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the services, social media accounts, or on any other related platform.
  7. General Disclaimer
    1. You acknowledge that Powerbody for Life does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the services other than provided for pursuant to these Terms.
    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    3. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
      2. Powerbody for Life will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchase services or these Terms (including as a result of not being able to use the purchase services or the late supply of the purchase services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    4. Use of the Website, and any of the services of Powerbody for Life is at your own risk. Everything on the Website is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Powerbody for Life make any express or implied representation or warranty about its Content or any products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the purchase service, or any of its Content related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website;
      4. the Content or operation in respect to links which are provided for the User’s convenience; and
      5. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  8. Limitation of Liability
    1. You expressly understand and agree that Powerbody for Life, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    2. Powerbody for Life is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website whether posted or caused by users of the website of Powerbody for Life or by third parties.
  9. Indemnity
    1. You agree to indemnify Powerbody for Life, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.
  10. Dispute Resolution
    1. Compulsory
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice
      A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
      1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the New South Wales Law Society or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held at a location to be agreed between the parties.
    4. Confidential
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  11.  Governing Law
    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  12.  Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  13. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.