Terms & Conditions
Sky’s Personal Fitness Website Terms and Conditions
These Terms and Conditions apply to the services offered on the www.skyhunt.com.au website offered by Sky Hunt Pty Ltd (ABN 14 140 651 841) trading as Sky’s Personal Fitness. Please read these Terms and Conditions carefully before using the site. Usage of the Sky’s Personal Fitness website is conditional upon you agreeing to be bound by these Terms and Conditions.
1. Our services
Sky’s Personal Fitness provides health and fitness services, including personal training and nutritional and exercise programs. We reserve the right to modify or discontinue any service at any time without notice. Sky’s Personal Fitness will not be held liable for any decision to modify or discontinue a service.
In addition to these Terms and Conditions, specific conditions may apply to each of the services we provide. These will be notified to you at the time you engage us to provide the particular services.
2. IMPORTANT CONDITIONS OF PARTICIPATION
The following are conditions of use of our site and the information that it contains.
· you do not exercise when unwell or under the influence of alcohol, drugs or medication of any kind.
· you respond to and act on any warnings on the site that may apply to you.
· you immediately stop our program and see a doctor should you feel unwell during exercise.
· the information that you provide to us is complete and accurate;
· YOU ACCEPT FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH EXERCISE INCLUDING WITHOUT LIMITATION THE RISK OF PERSONAL INJURY, INJURY TO PROPERTY, INJURY TO THIRD PARTIES, THE RISK THAT YOU MAY INFLICT OR SUFFER A DISABILTY AND/OR DEATH.
If you do not agree to these conditions you may not proceed with membership of Sky’s Personal Fitness.
3. IMPORTANT DISCLAIMER
TO THE FULL EXTENT PERMITTED BY LAW, SKY HUNT PTY LTD trading as SKY’S PERSONAL FITNESS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, EXPENSES, PERSONAL INJURY, OR DEATH ARISING OUT OF YOUR RELATIONSHIP WITH SKY HUNT PTY LTD trading as SKY’S PERSONAL FITNESS INCLUDING, WITHOUT LIMITATION, FROM OR IN RELATION TO ANY INFORMATION PROVIDED OR RECOMMENDATIONS MADE (WHETHER ON THE INTERNET OR IN ANY OTHER WAY), ANY DIET, EXERCISE TREATMENT OR ANY OTHER ACT OR OMISSION ANY PERSON.
4. Services available on our website
Accessing Sky’s Personal Fitness will require you to register and purchase a membership. Many modes of purchase are supported including the use of credit cards for automated online purchase. During the registration process you will provide some standard personal details and nominate a login name and password. [You will also need to complete an ExTRA [Exericse and Training Readiness Assessment] questionnaire and confirm that you have medical consent to commence an exercise and fitness programme]. Once you have completed registration and purchase you will be able to enter the site and access the programs you have purchased.
No binding agreement to purchase or supply products or services is entered into as a result of the use of the Sky’s Personal Fitness site unless and until accepted by notice from Sky’s Personal Fitness.
5. Use of website and material
You agree that you will use the Sky’s Personal Fitness website in accordance with this Agreement and that you will not re-sell services from this site unless specifically authorised by Sky’s Personal Fitness. You will not use the site for any unlawful purpose. You will not violate or attempt to violate the security of the website.
6. Accuracy of information you submit
You indemnify us for any loss, including costs and expenses, to Sky’s Personal Fitness arising from false or misleading information which you have provided to us.
7. Copyright and trade marks
All intellectual property rights in any material or content displayed on the Sky’s Personal Fitness site, including without limitation trade marks, copyright, or trade names belong to Sky’s Personal Fitness, its affiliates, or licensor, and are used with the owner’s permission. Other than viewing and downloading content from the site for purposes permitted on the site, you do not have the right to use these intellectual property rights without the written permission of the owner of the rights.
8. Third party links
Sky’s Personal Fitness is not responsible for the content or conduct of any site linked to or from our website. While we may provide the links to these sites, the links are for your convenience only and are not a guarantee or endorsement of those sites or services.
9. Exclusion of warranties relating to our service
Sky’s Personal Fitness makes no warranties or representations as to the continued availability of the website, or the accuracy, reliability, completeness or timeliness of the content of the website, or that services will be uninterrupted, timely, secure or error free, or as to results that can be gained from use of the services. Except for any implied condition, warranty or representation, the exclusion of which would contravene any statute or cause this clause to be void (non-excludable condition) and as otherwise expressly stated in these Terms and Conditions, Sky’s Personal Fitness makes no express or implied warranties to you and expressly excludes all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement.
10. Limitation of liability
Except as provided by law, Sky’s Personal Fitness will not be liable for any loss or damage suffered as a result of your use of this website.
To the extent permitted by law:
(a) our liability for breach of any non-excludable condition will be limited at our option to the supply of the services again or payment of the cost of supplying the services again;
(b) otherwise our liability to you for any loss or damage at law, shall not exceed the total amount we actually received from you for the service which gave rise to the loss or damage; and
(c) we will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if we have been advised of the possibility of such loss or damage.
You agree that our liability to each other at law will be reduced by the extent, if any, to which the other party contributed to the loss.
11. Terms and Conditions subject to change
We reserve the right to amend the Terms and Conditions at any time to reflect our current range of services and policies. The Terms and Conditions will be amended by posting an updated version on the website. If you are using our services we encourage you to review the policies governing the use of the website on a regular basis. If you object to any changes you may discontinue your use of the services. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change.
12. Governing law
The Terms and Conditions for use of this website are governed by and construed in accordance with the laws of New South Wales. In the event that any of the Terms and Conditions are found to be unenforceable under New South Wales law, this will not affect the remainder of the Terms and Conditions.
13. Events outside of our control
Sky’s Personal Fitness will not be in breach of obligations under these Terms and Conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside Sky’s Personal Fitness’s reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.