TERMS & CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions (“Terms”) on which we, SG Fitness Pty Ltd ACN 651 495 233 trading as Womens Health Movement, provide our Services through our Website and our App through which you access and use our Website, our App and our Services.  Please read these Terms carefully before using our Website, our App and our Services, as your use of the Website, the App and our Services is subject to these Terms.

By using our Services via our Website and our App (whether now or in the future) or continuing to use the Website and the App, you agree to be bound by the Terms and our Privacy Policy.  If you do not accept these Terms or our Privacy Policy you should cease using the Website, the App and our Services, immediately.

We reserve the right to change these Terms from time to time.     

1. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

Account means a unique account created for you to access our Services.

ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.App means the mobile application established by WHM and purchased by you either through our website, your Apple Subscriptions or Google Play store.

Biller means SG Fitness Pty Ltd, trading as Womens Health Movement, through third party integrations such as Xero, Stripe & PayPal.

Details means the details of your Membership, as set out in the application of your account.

Goods means any goods supplied by WHM to you.
Membership includes an annual membership, half year membership, quarterly membership, month to month membership and a weekly membership.

Services means any services, including fitness training, education, nutrition and wellness coaching provided by WHM to you.

Start-up Fee means the start-up fee stated at the commencement of your coaching program with WHM. 

Terms and Conditions or Terms means these terms and conditions as amended from time to time.

Upfront Membership Fee means a one-off membership fee charged at the commencement of your Membership. 

WHM, we, us or our means SG Fitness Pty Ltd ACN 651 495 233 trading as Womens Health Movement and any of its related entities.

You means you, the person acquiring Goods or Services from WHM, accessing and using the Website and the App and accessing these Terms and Conditions.

2. SERVICE ACCESS

In order to access the Services, you must first register an Account through the Website or the App by completing our WHM Application Form.

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (including your name, mobile number and date of birth) and also information about your health (including any current or pre-existing injuries). We will handle all personal information we collect in accordance with our Privacy Policy. 

You warrant that any information you give to WHM in the course of completing the registration process will always be accurate, correct and up to date.

You may not use the Services and may not accept the Terms if you are not 18 years of age or older to form a binding contract with WHM, unless you have the consent of your parent or guardian.

You agree that you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

If you choose to create an Account, you use your email address and/or phone number as well as creating a password. You are responsible for protecting the confidentiality of your login details and you are responsible for all use and activity carried on under this user name.  You may not share, give or sell your username or password to any person or company.  Use of your password by any other person, and/or excessive viewings or logins in your user name may be construed as fraudulent use of the Services which may result in the immediate cancellation of your access to the Services without refund. 

Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify WHM of any unauthorised use of your password or email address or any breach of security of which you have become aware.

Access and use of the Website and the App is limited, non-transferable and allows for the sole use of the Website and the App by you for the purposes of WHM providing the Services.

You will not use the Services, the Website or the App in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of WHM.

Appropriate legal action will be taken by WHM for any illegal or unauthorised use of the Website or the App.

We may revise these Terms at any time. You should check the Website or App regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Services.

3. PRICING

All prices quoted for Services are in Australian Dollars (AUD) and include GST, unless otherwise specified.

WHM may, from time to time and in its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing the Services to you, by providing prior written notice, and you agree that such notice may occur via email or by other reasonable means. Any changes to the prices will take effect from the date specified in the notice.

You acknowledge and agree that where a request for the payment of any fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the fees.

4. MEMBERSHIPS

You agree to pay WHM the Start-Up Fee in accordance with the billing Details specified at the time of registration of your Account with WHM.

Your access to the Services is conditional on you paying the Start-up Fee.

WHM offers a variety of Membership options depending on the level of coaching service required.

We also offer an Upfront Membership Fee which is charged at the commencement of your Membership.

You must pay your Membership Fee set out in accordance with the billing Details specified at the time of registration of your Account with WHM.

Membership Fees may be direct debited on a weekly, fortnightly or 4-weekly basis from your nominated financial institution.  It is your responsibility to provide valid payment details and ensure sufficient funds are available on the direct debit date as declined transactions may incur a reprocessing fee.

If you pay any fees, by direct debit, then this will be through our Biller (not us). You will be provided with a copy of a Direct Debit Payment Agreement of the Biller which applies to any direct debit services.  The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to these Terms. 

By nominating a credit or debit account, you authorise our Biller to deduct from that account all fees and other charges you are responsible for under these Terms.

Your Membership will automatically renew on the due date specified at the time of registration of your Account with WHM unless cancelled in accordance with clause 5.

If a payment of a Subscription Fee, Membership Fee or Upfront Membership Fee is rejected, invalid or otherwise unsuccessful, your access to our Services may be automatically cancelled.

To the extent permitted by law, payments are non-refundable, and WHM does not provide refunds or credits for any partial subscription periods or unused content.

5. CANCELLATION OF MEMBERSHIP

Your Membership will continue until terminated. Unless you cancel your Membership before your billing date, you authorise us to charge the Membership Fee for the next billing cycle.

You can cancel your Membership once your minimum contracted term has been met, and you will continue to have access to the Services through the end of your billing period.  

To cancel your Membership via the Website, go to ‘Plan Settings’ then select ‘Cancel Plan’. A confirmation email will be sent to you to confirm your Membership cancellation.

To cancel your Membership via the App, go to ‘Account’ and then select ‘Account Settings’ and ‘Go to Plan Settings’ and follow the prompts. This can also be done through either your Apple Subscriptions or Google Play store (please note as this is a third party, we are unable to cancel these subscriptions on your behalf).

Any cancellation of the Membership by you will take effect at the end of the period to which the Membership Fee relates.

WHM reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts WHM’s name or reputation or violates the rights of those of another party.

If you do not make any payment when it is due, your Membership may be suspended until all outstanding amounts have been paid. Your Membership may also be terminated if any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. 

Subject to any applicable laws, you acknowledge and agree that WHM may terminate your access to the Services at any time if WHM is required to do so by law or the provision of the Services to you by WHM is, in the opinion of WHM, no longer commercially viable.

6. ACKNOWLEDGEMENTS

You acknowledge and agree that instructions offered by WHM includes that of fitness training, education, nutrition and wellness coaching and you understand that fitness training can involve intensive physical activity and may not be suitable for all persons. You acknowledge that there are risks associated with participation in the activities and programs offered by WHM and you freely accept these risks.

You acknowledge that WHM coaches are not health practitioners. You agree to obtain your own medical advice prior to participating in Services where appropriate, including obtaining a letter of clearance from your physician or obstetrician (as the case may be) before commencing any physical activity.

You acknowledge that you are not aware of any medical condition that would affect your ability to participate in the Services offered by WHM and if you have any concerns about your medical condition you will consult with your physician before participating in the Services offered by WHM.

You agree to give us all relevant personal, health and fitness information at the time of registration of your Account and you agree to keep us updated with respect to that information whilst your Membership is active.

You acknowledge that you will inform the WHM coaches via direct message if you are pregnant upon the registration of your Account or at the nearest time of becoming aware of being pregnant.

You acknowledge and agree that you may not use our Services to do or share anything that (i) is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Services in such a way), (ii) you do not own or have the necessary rights to share, or (iii) that infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods).

You acknowledge and agree that if you behave in an inappropriate way, for example, if you threaten or harass others, including members on our community pages, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

7. WARRANTIES AND REPRESENTATIONS

WHM makes no representations to you in relation to the Services or any warranty as to any results or outcomes associated with you accessing and using the Services.

You represent and warrant that you are at least 18 years of age or have your parent/guardian’s permission to access and participate in the Services.

As with any form of exercise, participation in the Services may involve certain risks to your health and safety. Each and every time you participate in the Services, you warrant to WHM that you have created and ensured a safe environment to participate in the Services, are fit and able to participate, and are not suffering from any injury, illness or condition that may prevent you from safely participating in the Services and acknowledge that your participation in the Services is at your sole risk.

You agree to cease accessing and participating in Services should you experience any faintness, shortness of breath, pain or dizziness or become aware of any injury, illness or condition that prevents you from safely participating in the Services.

8. GENERAL DISCLAIMER

WHM does not represent or warrant that the Website or the App or any other material accessible from the Website or the App is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.

We provide you with access to the Website, the App and the Services on the basis that, to the maximum extent permitted by law, including the ACL, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website, the App and the Services (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, the App or the Services, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).

Links to third party applications or websites through the Website, the App and/or Services are provided solely for your convenience. We have not reviewed all of the sites linked to the Website or App and we are not responsible for the contents of any such linked site. Content created by third parties is the sole responsibility of the third party and WHM does not endorse, warrant or guarantee its accuracy and/or completeness.  If you decide to access any of the third party applications or websites linked to the Services, you do so at your own risk. 

To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded and the use of the Website, the App and the Services is at your own risk.  Everything on the Website and the App and in our Services is provided to you “as is” and “as available” without warranty or condition of any kind.  WHM nor any of its affiliates, directors, officers, coaches, employees, agents, contributors or licensors make any express or implied representation or warranty about the Services or any products or services referred to on the Website or the App.

9. SAFETY DISCLAIMER

The Services include information and instructions relating to fitness training, education, nutrition and wellness coaching and some of the services and products available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause apply to all such information, instructions, products and services.

WHM, its directors, officers, employees, coaches, shareholders, agents and affiliates and other content providers are not licensed medical practitioners. Nothing in the Website or App should be construed as any form of medical advice or diagnosis.  WHM and the Services are not substitutes for medical advice from your medical practitioner or healthcare provider. WHM makes no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services or on the Website or the App.

You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by WHM and/or in any Services. WHM and the Services should not be used in lieu of advice given by qualified medical professionals, such as your medical practitioner or other healthcare provider.

By using the Website and/or the App, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical (including death) or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in the Services, you will not exceed your limits while performing such activity, and you will select the appropriate Services for you and your abilities, as well as for any mental or physical conditions and/or limitations you have.  You expressly waive and release any claim that you may have at any time for injury of any kind against WHM, or any person or entity involved with WHM, including without limitation its directors, principals, instructors, coaches, independent contractors, employees, agents, affiliates and representatives.

10. LIABILITY

The Services include information and instructions relating to fitness training, education, nutrition and wellness coaching and some of the services and products available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause apply to all such information, instructions, products and services.

WHM, its directors, officers, employees, coaches, shareholders, agents and affiliates and other content providers are not licensed medical practitioners. Nothing in the Website or App should be construed as any form of medical advice or diagnosis.  WHM and the Services are not substitutes for medical advice from your medical practitioner or healthcare provider. WHM makes no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services or on the Website or the App.

You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by WHM and/or in any Services. WHM and the Services should not be used in lieu of advice given by qualified medical professionals, such as your medical practitioner or other healthcare provider.

By using the Website and/or the App, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical (including death) or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in the Services, you will not exceed your limits while performing such activity, and you will select the appropriate Services for you and your abilities, as well as for any mental or physical conditions and/or limitations you have.  You expressly waive and release any claim that you may have at any time for injury of any kind against WHM, or any person or entity involved with WHM, including without limitation its directors, principals, instructors, coaches, independent contractors, employees, agents, affiliates and representatives.

11. INDEMNITY

You agree to indemnify WHM, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

Any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis,) incurred, suffered or arising out of or in connection with the Website, the App and/or the Services including any claims made by any third party due to or arising out of your breach of the Terms, your use of the Website, the App or the Services; and/or

Any direct or indirect consequences of you accessing or using the Website or the App or attempts to do so; and/or

Any breach of these Terms.

12. INTELLECTUAL PROPERTY

The Website, the App and the Services, including without limitation, all copyright, trademarks, design rights, text, images, photographs, illustrations, artwork, graphic material, code, video images, logos, audio clips, scripts, interactive features, content, protocols, software, and documentation and other intellectual property rights in relation to the Website, the App and the Services belong to WHM or our licensors. Nothing contained in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the intellectual property rights without our express prior written consent.

You are not permitted to reproduce, copy, share, sell or otherwise deal with the Services (other than for the purpose for which they are intended) or any aspect of them without the prior written consent of WHM.

WHM retains all rights, title and interest in and to the Website, the App and all Services. Nothing you do on or in relation to the Website or App will transfer any:

    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of WHM and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms.

13. PRIVACY

WHM takes your privacy seriously and any information provided through your use of the Website, the App and/or Services is subject to WHM’s Privacy Policy, which is available on the Website and the App.

By agreeing to these Terms, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our Privacy Policy.

14. GENERAL TERMS

Severability: If any part of these Terms is or becomes unenforceable that will not affect the validity and enforceability of the other parts which are to remain binding.

Governing Law and Jurisdiction: These Terms are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction.

Amendments: WHM may change these Terms from time to time. You will be deemed to have accepted any changes to our Terms based on your continued access and use of the Website, the App and/or the Services following our publication of the Terms on our Website and the App. 

Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

Force Majeure: WHM is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of Force Majeure occurs, WHM may suspend or terminate the Services by written notice to you.