Legal Disclaimer

Always Fit Limited - Terms and Conditions

Last updated: 31 July 2018

This website https://www.alwaysfit.app/ (the Website) is operated by Always Fit Limited (we, us, our). 

Your use of this Website and any order for services as described on this Website (Services) is subject to these terms (Terms).  Please read these Terms carefully before you start to use the Website or place an order for any Services.  Your use of the Website or order of any Services constitutes your agreement to be bound by the Terms.  If you do not agree to these Terms, please refrain from using the Website.

We aim to update our Website regularly, and may change, edit, delete or revise the content of the Website from time to time, including these Terms.  Please check this page for changes which have been made to the Terms.  By continuing to use the Website and as applicable our Services you accept these Terms as changed, edited or revised from time to time.

Our Services

For the purpose of these Terms "Agreement" means the agreement made when we accept an order from you to purchase any Services, the terms of which are set out in your order and these Terms.

We have the absolute discretion to:

·                    refuse the registration of a potential customer for any reason whatsoever; or

·                    suspend or terminate the ability of any customer to order future services whether through the Website or otherwise for any reason whatsoever.

Our right to suspend Services

If any Services are not paid for in full or a customer's bank declines payment on a customer's bank card and as a result money is owing to us, then we reserve the right to suspend the customer's ability to place further orders for Services until such time as the outstanding balance has been paid in full.

Delivery of digital products

If you purchase any Always Fit Program from the Website you will be automatically charged every period and you will continue to receive new updated meal plans and workout programs  for the time that you choose to remain a client.  In order to cancel your subscription simply send an email to support@alwaysfit.app.

With all our online services we have a 14 day 100% money-back guarantee — If within the first 14 days of your initial purchase you are not happy or satisfied with any of your purchases from us (subscription and non-subscription services) for whatever reason, simply just request a full refund by contacting the Customer Support team at support@alwaysfit.app.   You will be re-funded and your subscription will be cancelled.  However if you have purchased an Always Fit Program during a promotional period and have redeemed that promotion (e.g. supplements, clothing, headphones) you are not eligible for a refund.

All Digital Products are subject to copyright protection.  Each Digital Product is licensed to a single user only unless expressly agreed otherwise.  Customers are not allowed to copy, distribute, share and/or transfer the product to any third party or person.

 

Online Appointments - Applicable to Platinum Services Packages Only

Cancellations of any scheduled video or email appointments (each an Online Appointment) made less than 24 hours before the scheduled appointment time will be forfeited.  

 

You will also receive a reminder email five days before your scheduled Online Appointment.

If you can no longer make your Online Appointment, please refer to your confirmation email and find the link to manage/cancel your appointment.  Otherwise please contact us to cancel/reschedule via support@alwaysfit.app. 

Fees and pricing

The fees for our Services are as listed on the Website or as otherwise agreed in writing with you (Fees).  All Fees are expressed in US dollars and are expressed inclusive of GST.

We reserve the right to change the Fees from time to time during the term of our Agreement.  We will notify you of any increase to the Fees in advance of the relevant service commencing. 

Services and/or products purchased online through the Website shall be paid for via the online platform Stripe operated by Stripe, Inc and its affiliates.  Stripe is an online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Stripe’s data storage, databases and the general Stripe application.

Intellectual property rights
All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all services and nutrition plans provided by us are owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Website. 

You may not translate, broadcast, perform, modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means any content or intellectual property appearing on this Website without the owner’s prior written consent.

Warranties and liability

Under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) our liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA our liability whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, our Services (and associated nutrition plans) or any other breach of our obligations relating to our Services shall not in any event exceed an amount equivalent to the price of the relevant Services.

You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way.  Subject to the CGA and FTA we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Service.

You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law.  You acknowledge that you do not rely on any representation or statement made by or on behalf of us other than the express provisions of these Terms.  You must ensure that our Services are not used for any purpose for which they are not suitable.

This Website’s content is not a substitute for direct, personal, professional medical care and diagnosis.  None of the meal plans or exercise program's should be performed or otherwise used without clearance from your physician or health care provider first.   The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard.  We are not medical professionals and nothing on this Website or in the Services should be misconstrued to mean otherwise.

There may be risks associated with participating in activities mentioned on our site for people in poor health or with pre-existing physical or mental health conditions.  Because these risks exist, you will not participate in any meal plan's available from us if you are in poor health or have a pre-existing mental or physical condition.   If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any exercise program you assume certain risks to your health and safety.  Any form of exercise program can cause injuries, and our programs are no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form.   Although thorough instruction is included on form for each exercise.

Be aware that our programs (like any other exercise program) do involve a risk of injury.  If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities.  

We are not a medical practitioners.  Our advice whether it be on our Website, in our Services, none of it is meant as a substitute for medical advice.   You must consult your doctor before beginning ANY meal plan or exercise program, no exceptions.   You are using our plans, program's, workout's and coaching at your own risk and we are not responsible for any injuries or health problems you may experience or even death as a result of using our programs.

It is to be made clear that we are not responsible for any injuries or health problems you may experience or even death as a result of using any of our Services.

Generally  Excepted Results

Although our Services are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the Services from us correctly you should see amazing results, however it must be disclaimed that even when consumers implement any Services in full from us it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind.

Testimonial Disclaimer

All the transformations and testimonials are real.  However, it must be disclaimed that these testimonials are not claimed to represent typical results with our meal plan's and workout program's.  They are meant as a showcase of what the most motivated and dedicated people can achieve by following our personalised meal plan's and workout program's. Your results may vary  and you may not get the same results compared to someone else when using our Services due to differences in your individual exercise history, genetics, and personal motivation/dedication.  The end results you get will depend upon the individual and how much effort you put in.

Website content and use

Site content

While we have endeavoured  to ensure that the information provided on the Website is free from error, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information provided on the Website.  We reserve the right to make changes to the information provided on the Website at any time and without notice.

Links to other websites
The use of third party websites is entirely at your own risk.  Where our Website contains links to other sites and resources, provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  For the purposes of this clause a "third party website" is any website other than the Website.

Viruses and protection
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.  You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of the clause above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them to the extent permitted by legislation.  In the event of such a breach, your right to use our Website will cease immediately.

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential and indirect loss) or damage that we may incur resulting from misuse of the Website by you.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

General

Privacy
Please read the terms of our Privacy Policy which contains important information about how we use personal information about you which you provide when using the Website (including information about how we use cookies on the Website).  Our Privacy Policy can be accessed via privacy policy .

Notice

You can give us notice under these Terms by contacting us at support@alwaysfit.app.

We will give you notice by phoning, emailing and/or texting you on the contact numbers you have provided.

Jurisdiction
The Website and these Terms are governed by the laws of New Zealand and the courts having jurisdiction in New Zealand will have non-exclusive jurisdiction with respect to any dispute arising under, or in relation to your use of the Website or these Terms.  You irrevocably submit to the jurisdiction of those courts.  We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.

Severance
If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, it will be severed from the rest of these Terms which shall remain unaffected.

No waiver
No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.