PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to fhitnatal.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and fhitnatal.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that fhitnatal.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), fhitnatal.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of fhitnatal.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
The FHIT-natal pregnancy program is a one off payment which gives you a membership to fhitnatal.com.au. A membership allows you access to the website fhitnatal.com.au and it’s contents for eighteen months from the date you sign up or for six months after your due date has been entered in to your member profile..
Access will cease once the eighteen months expires or six months after your due date. For example if you sign up to fhitnatal.com.au on the 1st Jan 2021 your membership will expire on the 31st June 2022. Alternatively if you due date in 1st July 2021 your membership will expire on the 31st December 2021.
The postnatal program of fhitnatal.com.au is a separate membership. The Postnatal program will expire nine months after the date of sign up. For example if you sign up on the 1st January 2022 then your membership will expire on the 30th September 2022.
You can purchase both the pregnancy membership and the postnatal membership from fhitnatal.com.au together or you can purchase them separately. If you purchase them together then the pregnancy membership will automatically cancel after your due date and the postnatal membership will be activated.
Payments are made through a secure online third party (stripe.com) or (paypal.com) and are in Australian dollars.
Exchange rates may vary with each currency and the final price is determined by the corresponding exchange rates at the time of purchase.
The purchase price of both the pregnancy membership and the postnatal membership are subject to change.
RETURNS AND REFUNDS
fhitnatal.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Fees are non-refundable, unless: during the period in which you have paid for access to our information service through this Website, the information service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at firstname.lastname@example.org Refunds will be processed with payment made by the same method that you made payment.
All fees are 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. All refunds are made at the discretion of fhitnatal.com.au.
LINKS TO OTHER WEBSITES
fhitnatal.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between fhitnatal.com.au and the owners of those websites. fhitnatal.com.au takes no responsibility for any of the content found on the linked websites.
fhitnatal.com.au website may contain information or advertisements provided by third parties for which fhitnatal.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, fhitnatal.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. fhitnatal.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of fhitnatal.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. fhitnatal.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data fhitnatal.com.au collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
fhitnatal.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
By agreeing to these Terms and Conditions you consent to receiving offers and promotions from affiliated sponsors and partners of FHIT by Lauren Hannaford and FHIT-natal.
DISCLOSE YOUR INFORMATION
fhitnatal.com.au may be required, in certain circumstances, to disclose information in good faith and where fhitnatal.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of fhitnatal.com.au. fhitnatal.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then fhitnatal.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such un permitted and improper use. fhitnatal.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
fhitnatal.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and fhitnatal.com.au concerning your use and access to fhitnatal.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
FITNESS AND EXERCISE
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, at the risk of your child, children (known as family) and the risk of your unborn child, are voluntarily participating in these activities, assume all risk of injury to yourself, your family and your unborn child, and agree to release and discharge fhitnatal.com.au, all its instructors, commentators and any associated with the fhitnatal.com.au’s website from any and all claims or causes of action, known or unknown.
fhitnatal.com.au and its contents are made available without warranties or guarantees of any kind and fhitnatal.com.au, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal to you, your family and your unborn child, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described to you, your family and your unborn child, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
When wanting to fall pregnant or if you are pregnant, or after you have given birth you should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone before, after or during pregnancy. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on fhitnatal.com.au, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional advice on pregnancy, postpartum, professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your doctor, obstetrician, primary care physician, registered dietician or another certified professional.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and fhitnatal.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
WAIVER AND RELEASE OF LIABILITY
You should consult your doctor or health care professional before starting FHIT-natal or any product of FHIT by Lauren Hannaford in order to determine whether it is right for you. You acknowledge that it is your sole responsibility to consult with your health care provider regarding your medical fitness to engage in the FHIT-natal or the FHIT by Lauren Hannaford program. FHIT-natal and The FHIT by Lauren Hannaford programs are to be used solely at your own risk.
In consideration of FHIT-natal and FHIT by Lauren Hannaford allowing me to participate, I acknowledge, understand and I am aware that:
- I have voluntarily chosen to participate in training activities provided by FHIT-natal and FHIT by Lauren Hannaford. I understand there are inherent risks in all aspects of physical training to both myself, my family and my unborn child and I acknowledge that I am aware of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack, birth defects, miscarriage and/or death.
- I understand that the training may involve strenuous exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and seek medical attention.
- I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against FHIT-natal and FHIT by Lauren Hannaford, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I, or my unborn child or may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by FHIT-natal and FHIT by Lauren Hannaford, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releasees.
- Use of picture(s)/film/likeness: I agree to allow FHIT-natal and FHIT by Lauren Hannaford, its agents, officers, principals, employees and volunteers to use picture(s), film and/or likeness of me and my FHIT-natal check in photos, FHIT-natal pregnancy and postnatal related questions FHIT Test statistics, wellness questions and answers for advertising, editorial publishing and/or display advertising and grant permission to copyright said material without any restrictions or reservations.
- This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND I AM AWARE THAT BY ACCEPTING THE TERMS AND CONDITIONS I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTOR, ADMINISTERS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.