Definitions and Interpretation
In these Terms and Conditions unless the contrary intention appears:
(a) The singular includes the plural and vice versa;
(b) A reference to a party includes that party’s legal personal representative, heirs and assigns;
(c) Amount Payable means the sum of money payable by You in respect of Your Registration Fee when VFM has agreed to provide You with a Payment Plan;
(d) Intellectual Property Rights means all intellectual property rights including but not limited to patents, copyright, registered designs, trade marks, the right to have confidential information kept confidential and any application or right to apply for registration of any of those rights;
(e) Payment Plan means a plan for You to make payments in respect of Your Registration Fee to VFM over an agreed period of time;
(f) Payment Schedule means the schedule under which the Amount Payable is paid by You to VFM;
(g) You/Your means the person who has registered for one the VFM Programs;
(h) VFM means Vegan Fitness Model;
(i) VFM Materials means all materials, including but not limited to the VFM Programs, website content, blog posts, information provided in coaching sessions, and all other materials provided by VFM to You in respect of Your Program;
(j) Registration Fee means the amount payable for the relevant VFM Program being enrolled in;
(k) Program/New Program means the relevant VFM Program being undertaken by You.
Course Registration and Payment Terms
(a) You agree to pay VFM the Registration Fee immediately upon Your enrolment into one of the VFM Programs.
(b) You agree that the Registration Fee is payable regardless of graduation from or completion of the Program by You.
(c) It is a condition of acceptance into Your Program that the Health Assessment and Pre-Exercise Screening Form is completed by You prior to You commencing Your Program, pursuant to clause 4 of these Terms and Conditions.
(d) You acknowledge and agree that should You choose to re-enrol in Your Program or another Program at the completion of Your Program the Registration Fee for the New Program is payable immediately upon Your registration into the New Program.
(e) From time to time VFM may offer Payment Plans and You acknowledge and agree that VFM has the sole discretion on whether or not to offer You a Payment Plan when these offers are made, notwithstanding any other conditions contained herein.
(f) Should VFM agree to provide You with a Payment Plan, You agree:
- not to withhold, or threaten to withhold, payment of any Amount Payable for any reason, without first notifying VFM in writing no less than 5 business days prior to the due date for payment under the Payment Schedule.
- that if You are paying by direct debit through Paypal, You will not cancel or threaten to cancel the direct debit or close the nominated bank account unless VFM’s prior written consent to change the Payment Schedule is requested and obtained by You no less than 5 business days prior to the due date for payment under the Payment Schedule.
(g) If You fail to make payment of any Amount Payable under this Agreement, without notifying VFM pursuant to clause 2(f) above, You agree that:
- penalty interest at the standard default contract rate as prescribed by the Queensland Law Society from time to time will become due and payable on any Amount Payable that remains outstanding from the due date for payment until it is paid;
- You will pay to VFM any costs of enforcement of this Agreement including any legal fees and other costs incurred by VFM in respect of the recovery of the debt owed to VFM by You; and
- If You are 30 days behind in making any Amount Payable under the Payment Schedule the whole of the Registration Fee will become immediately due and payable, together with penalty interest and/or enforcement costs pursuant to clauses (i) and (ii) above.
(h) You agree that when writing to VFM pursuant to clauses 2(e), (f) and (g) of these Terms and Conditions You will contact VFM at our email address: firstname.lastname@example.org and You will notify VFM within 7 days of any change of Your email address or telephone number so that we may update our records regarding Your contact details. We will also ensure that our correct contact details are available and kept up to date on our website, veganfitnessmodel.com, at all times.
Cancellation, Refund and Transfer Policy
(a) You agree that the Registration Fee is non-refundable and VFM is not obligated to provide You with a refund if You change Your mind after payment of the Registration Fee.
(b) Notwithstanding clause 3(a) above, VFM will provide You with a refund of Your Registration Fee, or a portion of it, in the following circumstances:
- In the event that Your Program does not provide the results advertised by VFM, subject to the provisions of clause 8 of these Terms and Conditions;
- You have commenced Your Program and You have suffered an incapacity preventing You from continuing with the Program, for example You break a bone and can no longer do the physical activity required for Your Program;
- You are the victim of unforseen or exceptional circumstances which prevent You from continuing with Your Program, for example there is a death in Your family;
- You have another reason VFM considers, in its sole discretion, sufficient to warrant VFM providing You with a refund.
(c) You acknowledge and agree that all refund requests are to be determined by VFM in its sole discretion and VFM has the right to deny You a refund as and when it sees fit.
(d) Notwithstanding the provisions of clause 3(b) above, VFM will approve the transfer or post-dating of Your Registration Fee, subject to the provisions of clause 6 of these Terms and Conditions, in the following circumstances:
- Within 14 days of the date of payment of Your Registration Fee; or
- If requested after 14 days of the date of payment of Your Registration Fee, upon the payment of a 20% administration fee.
(e) All transfers and post-dating of Registration Fees are capped at 14 days and You agree not to request these services after such time has passed, except pursuant to the provisions of clause 3(b)
(f) Should You choose to cancel Your enrolment in Your Program, for any reason other than those provided in clause 3(b) above, VFM is not obligated to provide You with a refund and, subject to the provisions of clause 6 of these Terms and Conditions, the following cancellation fees will apply:
- 1-3 days from payment of Registration Fee 30%
- 4-7 days from payment of Registration Fee 50%
- 8 days or more from payment of Registration Fee 100%
Health Assessment & Pre-Exercise Screening
(a) You agree that You will complete the Health Assessment and Pre-Exercise Screening Form provided by VFM to the best of Your ability and in accordance with the Communication and 100% Honesty Policy provided at clause 5 of these Terms and Conditions.
(b) Should You have any concerns regarding Your health and the completion of the Health Assessment and Pre-Exercise Screening Form provided by VFM You agree that You will raise these concerns with VFM by immediately contacting VFM by email at: email@example.com or via VFM’s Facebook page, prior to enrolling in Your Program.
(c) If You contact VFM pursuant to clause 4(b) of these Terms and Conditions VFM agrees to respond to You within a timely manner and to work with You regarding Your concerns.
Communication and 100% Honesty Policy
(a) VFM has a strict policy of 100% honesty and open communication regarding You, Your Program and the progress being made by You in Your Program and You and VFM agree to maintain open communication and 100% honesty in all dealings with each other from the commencement of Your Program.
(b) By adhering to and abiding by VFM’s Communication and 100% Honesty Policy You acknowledge and agree that Your fitness, health and wellbeing can be accurately monitored, supported and looked after by VFM, whilst allowing Your Program to be altered by VFM where necessary to meet whatever issue or requirement You may have from time to time.
(c) Should You not be 100% honest in Your dealings with VFM and provide the information requested by VFM, either in the Health Assessment and Pre-Exercise Screening Form or at any time during Your Program with VFM, VFM cannot provide You with accurate advice and/or support for anything You may be dealing with at the time advice is requested by You. For example if You are plateauing with Your weight-loss and You do not advise VFM You are not correctly following the VFM meal plans, VFM cannot provide You with accurate advice regarding how You may start losing weight again.
(d) Should VFM discover that You are being dishonest in Your dealings with VFM and/or are not following Your Program correctly, VFM may immediately terminate Your Program and retain the Registration Fee paid by You.
Access to and Use of VFM Materials
(a) You acknowledge and agree that access to VFM Materials will only be provided to You after You have paid the Registration Fee in respect of Your Program and been enrolled into Your Program by VFM.
(b) Once You have been provided with access to the VFM Materials no refunds or transfers will be granted by VFM, except in exceptional circumstances or pursuant to clause 3 of these Terms and Conditions, as decided by VFM in its sole discretion.
(c) You acknowledge and agree that Your use of the VFM Materials is strictly limited to use in accordance with, and strictly for the purpose of performing Your obligations under, Your Program.
Copyright and Intellectual Property
(a) You acknowledge and agree that:
- VFM owns all of the VFM Materials including but not limited to the VFM Programs, website content, blog posts, information provided in coaching sessions, and all other materials provided by VFM to You in respect of Your Program;
- These Terms and Conditions do not transfer any ownership of any Intellectual Property Rights to You;
- You will immediately cease using the VFM Materials if required to do so by VFM and You must not directly or indirectly contest the validity of ownership of VFM’s Intellectual Property in the VFM Materials, nor will You attempt to register any trade mark or other Intellectual Property Right, or any derivative of the VFM Intellectual Property, which in the opinion of VFM is deceptively similar, substantially identical or otherwise infringes the VFM Intellectual Property;
- You must not do or cause to permit anything which may damage or adversely affect the VFM Intellectual Property or VFM’s title to the VFM Intellectual Property, nor assist or allow others to do so; and
- VFM has the absolute right to defend or commence proceedings in relation to any infringement of, or otherwise in connection with, the VFM Intellectual Property, but is under no obligation to do so. In any such proceedings commenced or defended by VFM, You must use Your best endeavours to assist and cooperate with VFM in respect of such proceedings.
(b) You acknowledge and agree that:
- When You use the VFM website any content uploaded by You:
- may be accessed and viewed by the public; and
- can be used by VFM as provided in this clause 7(b).
- You are solely responsible for any content You upload to the VFM website and You warrant and represent that any content You upload to the VFM website will not violate these Terms and Conditions;
- You retain all intellectual property rights in the content You upload to the VFM website and You grant VFM a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future);
- You consent to Your content being altered, edited or adapted by VFM for any reason including to ensure Your content does not infringe these Terms and Conditions and to the extent that You have any moral rights in Your uploaded content, by agreeing to these Terms and Conditions You provide an irrevocable and unconditional consent in favour of VFM, VFM’s successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with Your content (whether or not currently in existence) to:
- perform, exhibit, reproduce, adapt and communicate any part of Your content in any medium and anywhere in the world without attributing You or any other person as an author of or contributor to that content;
- do any act or omission that would constitute a derogatory treatment of Your content;
- make any use of Your content that may falsely attribute authorship of that content to another person;
- delete or adapt or change any of Your content in any way, including by addition to or subtraction from Your content; or
- combine or juxtapose Your content with anything else.
- where the content uploaded by You to the VFM website contains material from third parties, You warrant that You have obtained all moral rights consents required from such third parties;
- You are not permitted to advertise or promote Your products or services, or the products of services of others, in any part of the content that You upload to the VFM website, without VFM’s written consent;
- VFM may access or examine any of Your content and at VFM’s discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to content which VFM considers, in its sole discretion, to breach any law or these Terms and Conditions or to be otherwise unacceptable;
- has no responsibility or liability for the deletion or failure to store any content uploaded by You or any other user on the VFM Website; and
- is not responsible for any content uploaded to the VFM website by You or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.
(c) You represent and warrant that:
- You own the content uploaded by You or have the necessary licences, rights, consents and permissions to publish the content You upload on the VFM website;
- the content uploaded by You will not infringe the Intellectual Property Rghts of any third party; and
- You will not upload content that will cause You to breach these Terms and Conditions.
(d) You understand that VFM does not guarantee any confidentiality with respect to any content You upload to the VFM website and You are able to personalise and change the privacy settings of Your access to limit who can view or access the content You upload on the VFM website.
(e) You acknowledge and agree that VFM is under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to Your Intellectual Property Rights in the content You upload to the VFM website or in respect of any VFM Intellectual Property Rights..
(a) Any personal information, other than that provided by You to the VFM website pursuant to clause 7 of these Terms and Conditions, collected by VFM in respect of Your dealings with VFM when registering into Your Program, during Your Program and following the completion of Your Program will be kept strictly private and confidential by VFM and VFM will not disclose any of Your personal information to any third party without obtaining Your prior consent.
(b) You must keep all information regarding Your dealings with VFM confidential and not disclose such information to any third party except:
- With the consent of VFM;
- If allowed or required by Law;
- With respect to any legal proceedings in connection with these Terms and Conditions;
- Any information that is generally or publicly available other than due to a breach of these Terms and Conditions by You.
Obligations Remain Until Satisfied or Completed
All obligations under these Terms and Conditions capable of application after Your Program ends continue to be effective until each obligation is satisfied or completed.
(a) The VFM Programs, website and the materials contained therein are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content, is at Your sole risk. The information found in this website and in any of the VFM Programs offered is to be used in conjunction with guidance from and monitoring of progress by VFM and VFM does not condone or endorse discontinuation of any medical treatment/advice You may be using or taking unless this has been explicitly authorised by an appropriately qualified Medical Practitioner. By agreeing to adhere to Your Program, You agree to continue following the medical advice You have been given until reviewed and altered by Your Medical Practitioner.
(b) Notwithstanding the provisions of clause 8(a) above, Your Program will be personalised to suit Your specific requirements and when You follow Your Program in accordance with the provisions of clause 5 of these Terms and Conditions You will see results.
(c) VFM does not guarantee Your results when You do not follow Your Program correctly and in accordance with the provisions of clause 5 of these Terms and Conditions.
(a) VFM’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(b) The exercise by VFM of a power or right does not preclude either its exercise in the future or the exercise of any other power or right by the party.
(c) A waiver is not effective unless it is in writing.
(d) Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
If the whole or any part of a term of this Agreement is void, unenforceable or illegal it is severed and the remainder of these Terms and Conditions shall have full force and effect.
Governing Law and Jurisdiction
(a) Queensland law applies to this Agreement and You and VFM submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia, including any Court of Appeal therefrom.
(b) You acknowledge and agree to waive any rights You may have to object to any action being brought in the courts referred to in clause 13(a), to claim that any action has been brought in an inconvenient forum or to claim that the courts referred to in clause 13(a) do not have jurisdiction.
These Terms and Conditions represent the whole of the agreement between You and VFM and all representations, undertakings, prior agreements or arrangements are expressly excluded.