Online Terms & Conditions
We provide online strengthening resources and programs and sell associated products.
DISCLAIMER: It is your responsibility to ensure that by engaging in any of the strengthening exercises and/or programs, you will not exceed your limits while performing such activity, and you will select the appropriate exercises for your skills and abilities, as well as any mental or physical conditions and/or limitations you have. The Platform, Services and materials may support the relationship between you and your healthcare provider, but are not intended to replace it. They should not be used as a substitute for professional diagnosis and treatment. If you suffer from any health conditions please consult with your health practitioner.
TERMS AND CONDITIONS
This website and any future application is operated by Great Glutes Pty Ltd (ACN 634 417 511) (we, our or us) and is available at www.greatglutes.com.au and may be available through other addresses, channels or apps (collectively called the Platform). Our Platform describes the services we provide to our customers (Services) and the goods we sell to our customers (Products).
Acceptance
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform.
Signing up to our Platform
You may purchase Products from us without an account or you may choose to create an account with us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
When you make a purchase, you will be asked to input basic contact information, such as name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
You will be required to create an account to access certain features and to benefit from our Services. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person to register or create an account.
Trial account
At our discretion, we may offer you a free or trial account designed to allow you to evaluate our Services and make sure our Services are right for you. Any trial period (and the features available during this period) can change at any time without notice. We have the right to terminate any trial account if you are found to be misusing the Platform.
Fees
You may request to purchase our Products and request access to our Services by paying the price for the relevant Products and/or Services as set out on the Platform (Fee) and following any other instructions set out on the Platform.
We may, at our absolute discretion, accept or reject an order for a Product and/or request to access our Services. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
If you request the Products or Services through the Platform, this constitutes an offer by you to purchase the Products and/or request for access to the Services for the Fee notified at that time (including the delivery fee and other applicable charges and taxes). Where you order the Products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Fee.
Each time that you request our Products or Services, this results in a separate binding agreement between you and us for the supply of our Products and/or Services in accordance with the Terms.
It is your responsibility to verify what you are requesting, including details of the Products and/or Services you have selected and pricing, before you request to purchase our Products or request access to our Services.
You warrant that you have considered the details of the Products and/or Services, and have determined that they are appropriate for you.
After purchasing the Services, you may be able to download certain features on the Platform a limited number of times, as set out on the Platform. After that time, you may no longer download the features for the relevant Services on the Platform.
General payment terms
All payments must be made via one of the payment methods set out on the Platform which may include credit card, a third party payment processor or direct debit. Any direct debit arrangement will be subject to additional terms and conditions from our third-party payment provider, as set out on the Platform.
You authorise us to debit your payment method on each relevant payment date for the Fee, in accordance with the above payment clauses. Payment of any amounts using a third party payment processor may be subject to the third party payment processor’s terms and conditions.
To the maximum extent permitted by law, all amounts paid to us are non-refundable and we do not allow refunds of the Fee for change of mind or other circumstances.
GST, if applicable, will be set out separately to the relevant price. You are responsible for all taxes (including GST), levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay any amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.
It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You may update these at any time by contacting us at the details provided below.
If any payment has not been made within 7 days of the payment date, we may, in our sole discretion: (1) charge you interest for any unpaid amount, at any rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly; and/or (2) suspend or terminate your access to our Services in accordance with these Terms.
Returns
We do not accept returns for change of mind or other circumstances for any Products you have purchased.
If you wish to cancel the Services, you agree that we will have no obligation to refund you any monies paid for the Services you have downloaded.
Australian Consumer Law
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our Products and Services come with guarantees which cannot be excluded under the Australian Consumer Law.
For major failures with the Services, you are entitled (1) to cancel the Terms with us; and (2) to a refund for the unused portion, or to compensation for its reduced value.
You are entitled to a replacement or refund for a major failure with the Products and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return the Products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the Products to us.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Fees of the relevant product. Please contact us for further information.
Licence for Services and restrictions on use
Subject to the payment of any applicable Fee for the Services and your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, personal, non-commercial and revocable licence to access and use the Services while you have an active account, for you to derive the benefit of the Services, as contemplated by these Terms (Licence).
You must not access the Services except as permitted by the Licence and you must not access the Services in any way which is in breach of any applicable laws or which infringes any person’s rights, including intellectual property rights.
Availability and cancellation
All purchases made through the Platform are subject to availability. We do our best to keep Products in stock and to keep the Platform up to date with the availability of Products.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if Products ordered were subject to an error on our Platform (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.
Delivery, title and risk
If possible, we will deliver the Products to the delivery address you provide when making your order. We deliver Australia wide. Please refer to the delivery information on the Platform to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
Delivery costs are set out on the Platform.
We normally dispatch products within 24 hours of receiving an order, unless otherwise noted on the Platform. Any delivery periods displayed on the Platform are estimates only, based on the information provided by the delivery company.
We may deliver the Products using a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the Products to your nearest post office.
Title to the Products will remain with us until you have paid us the Fees in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.
Risk in the Products will pass to you as soon as they are delivered to the delivery address you provided in your order.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property Rights
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our Services, the Platform and all other materials will at all times vest, or remain vested, in us.
We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Platform.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.
Liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (4) the Platform being unavailable, or any delay in us providing our Products or Services to you, for whatever reason; (5) loss of, or damage to, property, or any injury or loss to any person; and/or (6) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Products and/or Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Products and/or Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties and Indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.
You acknowledge and agree that (1) you use the Platform or our Products or Services at your own risk; and (2) the provision of the Platform or our Products or Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform (including any Products or Services) or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.
This clause will survive the termination or expiry of these Terms.
Termination
You may cancel your account and terminate these Terms at any time via the “Cancel account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. No refunds will be made upon cancellation.
At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Fees), any applicable laws, regulations or third-party rights.
We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Fees paid in advance by you in connection with the unused portion of the Services.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
General
You agree to provide all assistance, information and documentation necessary to enable us to provide the Products or Services.
Information: Any content on the Platform or provided by our Services is not comprehensive and is for general information purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law.
Fees variation: We may modify the Fees from time to time upon notice to you or by updating our Platform.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account and stop using the Platform.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Great Glutes Pty Ltd ACN 634 417 511 t/a Great Glutes
60 Pacific highway, St Leonards, NSW 2065, Australia
Last update: 26 February 2020