The following provides the terms, policies, procedures and conditions to be adhered to by the parties in the Purchase of the Program.
By purchasing the Program the Purchaser agrees to all of the following terms and conditions, subject to the rights granted to the Purchaser by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by Barrett Fitness.
The Purchase of the Programs is subject to the following terms and conditions. Customers are advised to review these terms and conditions carefully before making the Purchase.
2.1 For the purpose of this Agreement these following definitions apply;
(a)“Barrett Fitness” refers to the author of the Programs, Matt Barrett as well as Barrett Fitness Ltd and its Affiliates;
(b)“Purchaser” refers to those seeking to purchase the Programs and those who have purchased the Programs and who by purchasing, accepts these terms and conditions;
(c)“Program (A)” refers to the individual designed custom program;
(d)“Program (B)” refers to the generic programs;
(e)“Program” refers to either Program (A), Program (B) or both;
(f)“Affiliates” refers to any of Barrett Fitness’ associated entities defined in the Corporations Act 2001 (Cth);
(g)“Intellectual Property” refers to all of Barrett Fitness’ proprietary rights and interests including but not limited to 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 (Cth).
(h)“Medical Practitioners” refers to “a person whose primary employment role is to diagnose physical and mental illnesses, disorders and injuries and prescribe medications and treatments that promote or restore good health” defined by the Australian Institute of Health and Welfare.
3.1.The Purchaser guarantees that they are the age of 15 or over.
3.2.Purchasers between the ages of 15–17 seeking to purchase Program (A) must be entered into the purchase by their Parent or Guardian.
3.3.Parents or Guardians of Purchasers between the ages of 15–17 acknowledge that by entering into the Purchase on behalf of the Purchaser, that they understand this agreement and give consent for the Purchaser to undertake the activities stipulated in the Program.
4. MEDICAL AND NUTRITIONAL DISCLAIMER
4.1.Barrett Fitness are not medical practitioners and as such Barrett Fitness does not and cannot provide the Purchaser with medical assistance in any form. The Purchaser is solely responsible for their health and well being and Barrett Fitness encourages the Purchaser to seek out qualified medical advice prior to purchasing the Program. The Program does not contain medical advice or assistance and should not be interpreted as medical advice or assistance.
4.2.By purchasing the Program the Purchaser acknowledges that Barrett Fitness and its affiliates have not provided medical advice and the use of such programs are at the sole risk of the purchaser.
4.3.Barrett Fitness is not an accredited Nutritionist or Dietician, however has been certified with Functional Nutrition from the Irish Strength Institute.
4.4.By purchasing the Program the Purchaser acknowledges clause 4.3 and also accepts that it is the sole responsibility of the Purchaser for any individual dietary requirements to be adhered to by the Purchaser.
4.5.Barrett Fitness advises that the Program is not suited for people with serious medical conditions, minors under the age of 15 and is not formulated to provide adequate nutrition for pregnant women.
5.1.The Program is the Intellectual Property of Barrett Fitness. Barrett Fitness does not give the Purchaser permission for the distribution of the Program of any kind without the express consent of Barrett Fitness. To do so would be a violation of Barrett Fitness’s proprietary rights pursuant to the Copyright Act 1966 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth) and Patents Act 1990 (Cth).
5.2.By purchasing the Program the Purchaser acknowledges that if they are found to violate Barrett Fitness’s proprietary rights, Barrett Fitness may seek appropriate damages resultant from the violation.
6 .PAYMENT POLICY
6.1.By purchasing the Program ("the Purchase") the Purchaser agrees to:(a)pay using a valid credit card (or other form of payment as Barrett Fitness may allow);(b)provide Barrett Fitness with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of Barrett Fitness’s rights and remedies if it is discovered or believed that any information provided by the Purchaser is inaccurate or not complete;(c)pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the Costs"); and(d)pay the Costs in Canadian Dollars (CAD $) unless otherwise indicated.(e)pay for the Program, fully acknowledging that Barrett Fitness strictly enforces a ‘no refund’ policy on its Program.
6.2.Payment Policy for Program (A and B)
6.2.1.The Purchaser must make payment upfront to Barrett Fitness on the Purchase of the Program (A or B).6.3.2.On full payment of Program (A or B) the Purchaser will then receive Program (B)
7.1.The Purchaser agrees to indemnify Barrett Fitness to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that Barrett Fitness may incur or suffer as a result of the Purchasers improper or illegal use of the Program and/or from the Purchasers breach of any of the Terms and Conditions and/or any facilitation or support by the Purchaser of a third party causing any loss or damage to Barrett Fitness.
7.2.The Purchaser agrees to indemnify Barrett Fitness for any claims, losses, liabilities, costs or expenses ("Losses") incurred by Barrett Fitness, that the Purchaser may cause, or contribute to.
8.1.The delivery of the Program is strictly based online.
8.2.The Purchaser will receive the Program by email, to the email address stipulated in the payment instructions (pursuant to paragraph 6.1(b)).
8.3.The Program will only be sent to the one nominated email address.
8.4.If the Purchaser has not received the Program to the stipulated email address after payment or installment, then the Purchaser may email Barrett Fitness on firstname.lastname@example.org and provide details as to why they may have not received the Program.
8.5.By purchasing the Program the Purchaser accepts that it is at Barrett Fitness’s discretion to accept the details that the Purchaser has provided and then re-send the Program to the amended email address.
9. NO GUARANTEE
9.1.By purchasing the Program the Purchaser accepts that the outcome of using the Program is solely dependent on the Purchaser.
9.2.Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by Barrett Fitness, the Purchaser accepts that Barrett Fitness does not guarantee its results and does not purport to guarantee its results.
10. NON INCLUSION
10.1.By purchasing the Program the Purchaser accepts that the Program is limited to meal plans, exercise regimes and other activities stipulated throughout the particulars of the Program.
10.2.The Purchaser accepts all foods stipulated throughout the Program is not included as part of the Purchase. The Purchaser accepts that all foods must be independently sourced by the Purchaser