Terms of Use

By accessing or otherwise using the Perfect Fit People website (the Website), you agree to be bound by these Terms of Use (Terms) and you understand that these Terms are not subject to negotiation.

The Website is owned and operated by Amanda Burlinson (ABN 82 905 957 998) trading under the business name Perfect Fit (PerfectFIT) and provides access to the Website to you subject to these Terms.

PerfectFIT is entitled, at its sole and absolute discretion, to amend, add or remove any part of these Terms at any time without notice. You should periodically read these Terms. Your use of the Website constitutes an agreement by you to abide by and be bound by these Terms, as amended from time to time.

Your Obligations

If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to PerfectFIT to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation.

You agree that the Content may be viewed by other users of the Website and you authorise PerfectFIT to make such copies and amendments of the Content as PerfectFIT deems to be necessary at its sole and absolute discretion, in order to facilitate the posting and storage of the Content on the Website.

You are responsible for any Content you post on the Website.

You represent and warrant that you will not upload or otherwise provide any Content (including links to other websites or images), or engage in any behaviour, which:

  1. is inappropriate, inaccurate, profane, defamatory, fraudulent, unlawful, threatening, inflammatory, inciting hatred, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, or degrading;

  2. infringes the intellectual, moral or other proprietary interests of third parties;

  3. impersonates another person or entity, attempts to solicit personal information from another user, includes material which contains commercial advertising otherwise promoting yourself, your website or your products, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services PerfectFIT considers to be inappropriate;

  4. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these terms of use;

  5. violates any law, statute or regulation;

  6. forges information to disguise the origin of any Content; and

  7. encourages or incites any other person to engage in any of the above behaviour.

  8. You agree to grant PerfectFIT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in PerfectFIT’s favour.

  9. PerfectFIT does not monitor the Content posted on the Website. However, if you find any Content that breaches these Terms, please contact PerfectFIT, who will then make a decision in relation to whether or not the Content is to be removed.
  10. You agree that you will not use the Website to:
    1. harvest or collect email addresses or other contact information from other users;
    2. threaten or harass anyone;
    3. invade anyone’s privacy;
    4. disrupt other users’ enjoyment of the Website;
    5. post personal details or private information about any other person (or anything contrary to PerfectFIT’s privacy policy); or
    6. in any unlawful manner or in any other manner that could damage, overburden or impair the Website.
  11. In the event that it is discovered that you have breached these Terms, you understand that PerfectFIT may, without limiting its other rights and remedies available at law:

    1. suspend or terminate your access to the Website; or

    2. in the event that such breach is illegal, notify the proper authorities and make available to them any Content provided by you.

Links

You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of PerfectFIT.

The Website may contain a link to a content provider’s website (Third Party Website). In the event that you enter a Third Party Website via the Website, you immediately become subject to that Third Party Website’s privacy policies and any other terms and conditions contained therein. The linking to a Third Party Website from the Website does not constitute endorsement by PerfectFIT of any material set out in the Third Party Website, or any associated organisation, product or service.

Privacy

You agree to comply with PerfectFIT’s privacy policy, guidelines and statements as may be applicable from time to time.

Intellectual Property

  1. Unless indicated otherwise, all intellectual property in the information, text, material, graphics, software, advertisements and other material on the Website is owned or licensed by PerfectFIT. Subject to these conditions of use, PerfectFIT grants to you a non-exclusive and non-transferable limited licence to view, download and use information directly accessible through the Website, in accordance with these Terms.
  2. You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe PerfectFIT’s intellectual property in the Website and will not modify, copy, reproduce, upload to a third party, post, transmit, republish, frame, distribute or communicate any part of the Website or any information or Content contained in it or otherwise use the Website in a way which will infringe PerfectFIT’s intellectual property or other rights.
  3. Any trademarks displayed on the Website belong to their respective owners and nothing in this Agreement or contained in the Website is to be construed as granting any licence or right of use of any trademark displayed on the Website without the express prior written approval of PerfectFIT or the owner of the trademark.

Disclaimer

  1. Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
  2. PerfectFIT does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. PerfectFIT does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of PerfectFIT’s control. PerfectFIT does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Nothing on this website constitutes legal advice or any other kind of advice of any kind.
  3. Subject to the provisions of the Trade Practices Act 1974, PerfectFIT makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). PerfectFIT makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than PerfectFIT which are or may become linked or framed to or from the Website.

  4. Notwithstanding any confirmation by a content provider to the contrary, PerfectFIT does not warrant or represent that any information contained in or accessible through the Website is accurate and/or current. You should make your own enquiries before entering into any transaction based on the content contained on the Website.

Limitation of Liability

You agree that PerfectFIT’s not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, punitive, special or consequential loss) arising as a result of breach of these terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

  1. the use of the Website;
  2. the use by PerfectFIT of information provided by you to PerfectFIT through the Website;
  3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
  4. the use of your Website password by you or any third party to whom you have made the password available.
  5. PerfectFIT expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at PerfectFIT’s sole discretion):
    1. in the case of goods, any one or more of the following:
      • the replacement of the goods or supply of equivalent goods;
      • the repair of the goods;
      • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      • the payment of the costs of having the goods repaired; and
    2. in the case of services:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.
  6. You indemnify PerfectFIT against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
    1. your breach or non-observance of any clause of these Terms; or
    2. any breach or inaccuracy in any representations or warranties made to PerfectFIT.

Breach and Termination

If you breach any provision of these Terms, PerfectFIT may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.

Commission and Fees

In certain cases, PerfectFIT may have a relationship with a third party whose website is linked to this Website. They may pay us either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.

Choice of Law and Use of Website

These Terms are to be governed by the laws of the State of New South Wales, Australia. By accessing or otherwise using this Website, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Cancellations, Refunds & Other Payment Terms

Cancellation Policy

If you have to cancel a personal training session we require 12 hours prior notice. Your session will then be rescheduled.

If you cancel with less than 12 hours, we will have to charge you for your session.

If Perfect Fit has to cancel your session without 24 hours notice you will receive a free training session.

Group passes can be cancelled at any time with 7 days’ notice. Note that if you are away, say on holidays or if you are not well, we would be happy to put your pass on hold. A small one-time admin fee of $5 will apply. Please allow up to 48 hours to process your request.

Late Arrival Policy

Due to our appointment system if you are late for your session it must still finish on time.

There can be no credit for sessions or training that has already commenced.

If your Perfect Fit trainer is late we will make up the time on your next session or on the day if possible.

Packages

Personal training (PT) packages are purchased in 10 or 20 packs for convenience and importantly to match your training program and fitness goals. We find that clients who commit to a long term training program generally get better results, and are more sustainable.

In that regard payment for PT packages are upfront or by instalments.

You may also opt for 3, 6 or 12-month program payments which if paid upfront entitles you to 5%, 10% and 15% discount respectively.

Please notify contact [at] perfectfitpeople [dot] com at the commencement any PT training program and if there are changes of preference. Note that any unused PT credits will remain credited towards your account.

Group classes that are purchased outside of a weekly pass can be purchased in 10 or 20 packs.

Teen Terms (12-16 years only): 10 Class Teen Term pass must be used within the term you purchase.

Student Weekly Pass (16-18 years only): The weekly charge can be cancelled with 48 hours notice.

Refunds

If you change your mind after you have purchased a program from Perfect FIT please contact us to discuss and organise a refund: contact [at] perfectfitpeople [dot] com or call 02 9999 5009

Please note that we cannot entertain refunds once your training has started (even if you did not attend). In this regard, we may consider remaining credits to be used against another Perfect FIT class or personal training program, completely at our discretion.

Teens Weekly Membership follows the NSW school term. No refunds are honoured on current term commitment fees.

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