Website Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern MAK Coaching's relationship with you in relation to your use of 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, “MAK Coaching”, “Us”, “Our” and “We” refers to makcoaching.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 MAK Coaching’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 MAK Coaching 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), MAK Coaching’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
Digital goods are delivered within a 5 day period. 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.
PAYMENTS, REFUNDS AND CANCELLATION
Services will only be provided once payment has been made and received by MAK Coaching.
You agree to pay, and authorize MAK Coaching’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our services or purchase our products.
We will use PayPal or eWay payment gateways or a similar secure service for our financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud.
If you decide to pay via bank transfer, you agree to pay the discounted full amount in a one-off payment to use our services or purchase our products.
All fees are in Australian Dollars (AUD) and are non-refundable except as required by Australian Consumer law. MAK Coaching is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. In the event of any late, overdue or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
REFUNDS, TERMINATION AND CANCELLATION
As the success of our services is highly dependent on your commitment and completing the programs, we do not offer a refund for any part subscriptions. If you have chosen weekly or monthly payments and cancel your subscription prior to completion, you will still be contractually bound to make all remaining payments. The minimum terms subscriptions will be strictly enforced and we ask that you consider this prior to signing up for our services. In addition, due to the nature of our services, we cannot provide refunds for services already completed. We ask you to consider your purchase carefully when signing up for our services and ensure you have the time and commitment to make our services successful for you.
Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
MAK Coaching reserves the right to terminate your access to our service if we fail to receive payment of any invoices, or if you are not up to date with any payment plan that may be offered.
You may cancel your account at any time by emailing us at alana@makcoaching.com.au. In the event that you cancel your account, MAK Coaching shall not be required to provide you with a refund or other compensation, and you will continue to pay the subscription fees until the end of the subscribed term as agreed.
Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms and Conditions will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
LINKS TO OTHER WEBSITES
MAK Coaching 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 MAK Coaching and the owners of those websites. MAK Coaching takes no responsibility for any of the content found on the linked websites.
MAK Coaching’s website may contain information or advertisements provided by third parties for whom MAK Coaching 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.
DISCLAIMER
To the fullest extent permitted by law, MAK Coaching absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MAK Coaching 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 MAK Coaching 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.
YOUR PRIVACY
At MAK Coaching, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
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. MAK Coaching’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
We do 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 assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
MAK Coaching may be required, in certain circumstances, to disclose information in good faith and where makcoaching.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 MAK Coaching. MAK Coaching 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 makcoaching.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 unpermitted and improper use. MAK Coaching 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.
MAK Coaching 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.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and MAK Coaching concerning your use and access to the MAK Coaching 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.
PERSONAL AND HEALTH INFORMATION COLLECTION STATEMENT
At MAK Coaching, (“us, “we”, “our”) we only collect the information we need in order to perform our services (“Services”).
We comply at all times with the Australian Privacy law which regulates how personal information is handles including all your health details which are considered sensitive information (‘Personal Sensitive Information’). We will not disclose your Personal Sensitive Information without your consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
You may contact us by writing to alana@makcoaching.com.au and have the right to gain access to the information held by MAK Coaching about you.
Our Privacy Policy on our website contain information on how you may request access to, and correction of, any of the information we hold about you including your Personal Sensitive Information and how you may complain about a breach if your privacy as well as how we will deal with a complaint.
By providing us with this Personal Sensitive Information, you acknowledge and agree that the information you are providing to us is true and correct at the time you are providing it to us. You will notify us with any changes and keep it updated on a regular basis while you are using our Services. You can access your Personal Sensitive Information by request at any time.
We keep your Personal sensitive Information secure and do not use it for any purposes unrelated to our Services. All our employees and any staff who may have access to this personal information are under a strict duty of confidentiality and privacy practices adhered to. Please note: we securely destroy all your Personal Sensitive Information after 1 year if you have ceased using our Services.
From time to time, we may use your Personal Sensitive Information to contact you in relation to information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and be removed from any further marketing or information we may send.
Important Note: Our Services are not a substitute for medical attention, treatment, examination, advice or diagnosis. You are responsible for consulting a doctor before commencing any new regimes or alterations to your diet and health. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.
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, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge makcoaching.com.au, all its instructors, commentators and any associated with the makcoaching.com.au website from any and all claims or causes of action, known or unknown.
MAK Coaching and its contents are made available without warranties or guarantees of any kind and MAK Coaching, 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, 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, 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.
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. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on makcoaching.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 training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and makcoaching.com.au that results in litigation then you must submit to the jurisdiction of the courts of QLD.