Terms and Conditions

/Terms and Conditions
Terms and Conditions2018-09-24T19:43:32+00:00

Welcome to Fit For 2 Pty Ltd and its published websites.

The Fit For 2 Pty Ltd website at https://www.fitfor2.com.au and www.fitfor2pro.com and related mobile applications (together, the Websites) are owned and operated by Fit For 2 Pty Ltd.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

Upon Registration and clicking I accept you agree that if you are issued a Username and Password by Fit For 2 Pty Ltd, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Fit For 2 Pty Ltd via email at anita@fitfor2.com.au immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. This includes any purchases made through your account and that you agree to pay for services specified on our websites.

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 govern Fit For 2 Pty Ltd. In relationship with you in relation to this website and others owned and operated with Fit For 2 Pty Ltd. If you disagree with any part of these terms and conditions, please do not use our websites.

This Agreement must be completely understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email Fit For 2 Pty Ltd at anita@fitfor2.com.au with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization..

The term Fit For 2 Pty Ltd, website (S), ‘us’ or ‘we’ refers to the owner of the website whose registered office is located at:

Fit For 2 Pty Ltd. PO BOX 495, South Morang, Victoria Australia 3752

The term ‘you’ refers to the user or viewer of our website (S) services and or products.

The use of this website services and or product and others owned by Fit For 2 Pty Ltd is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. From time to time, these websites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. 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.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgments of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Your use of 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 requirements.

Important Information

The FIT FOR 2 PTY LTD service and the Websites are not intended for use in emergencies. If you have an emergency condition or acute illness please call for an ambulance or seek immediate assistance from a medical clinic.

This information contained on the Websites is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional first and seek their approval to participate.

The health professional team of Fit For 2 and Fit For 2 PRO includes experts on nutrition, fitness, women’s health, yoga, Pilates, meditation, breastfeeding, fertility, Chinese herbal medicine and more. Fit For 2 Pty Ltd experts provide information for educational purposes only. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation via the online program and may refer the customer to certain third party resources listed in our safe list directory.

Experts Information

Fit For 2 and Fit For 2 PRO or any other provider of information on the Websites does not give warranty that the information is free from error or suitable for your purposes. Expert’s information provided on the Website is taken from sources provided by themselves and third parties. You should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. We have made considerable effort to ensure the quality of information on our sites is accurate and up to date. We may update any information at any time and we do not make any representation or warranties that the information provided is accurate or complete.

Fitness Level

You require a basic level of fitness to follow the exercise programs and the like set out in Fit For 2 Pty Ltd information service. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through Fit For 2 Pty Ltd Websites. The information on our websites may not be suitable for you and you should seek advice from a medical professional. Should you have an accident/injury within one of our classes you should consult a medical professional before you return to any of our programs

Please speak to a health professional before commencing under the following circumstances to ensure you are safe to participate:

  • pregnant women
  • women who are trying to conceive a child;
  • post-natal women who have recently given birth under 6 weeks postpartum;
  • post-natal women who have recently had a c-section; under 6 weeks postpartum
  • persons with any ongoing physical condition
  • persons suffering from cancer or other long term illness;
  • persons with liver disease, kidney disease, heart disease or renal failure,
  • persons with eating disorders;
  • persons with diabetes, blood pressure or cholesterol issues;
  • persons recovering from or recently recovered from illness or injury; and
  • persons with a low body mass index.

Or any other health and medical conditions which may affect you during your time of conceiving, pregnancy or motherhood

FACE TO FACE CLASSES

When you commence face to face classes with Fit For 2 Pty Ltd in Melbourne either conceiving, pregnant or postnatal, you will be provided with registration forms and a medical clearance to complete by yourself and with your Midwife/Doctor/Obstetrician.

1. It is vital that you have disclosed all information relating to your conceiving, pregnancy or postnatal period to date including your health and that if anything changes that you must inform Fit For 2 Pty Ltd in writing to anita@fitfor2.com.au.

2. You agree that if any condition affects your ability to exercise, that you will inform Fit For 2 prior to commencement of a class session and if Fit For 2 Pty Ltd feels that it’s in your best interest not to exercise, that you will listen and not participate in the class and seek advice/medical assistance from a qualified practitioner.

3. You agree that all services provided by Fit For 2 Pty Ltd are for the intentions of pregnant and postnatal women and women intending to conceive.

4. You will not hold Fit For 2 Pty Ltd responsible in any way for any circumstances/injuries that result directly or indirectly from Fit For 2 Pty Ltd classes, or if you have forgotten to notify them of any changes related to your pregnancy or health.

5. You give permission to Fit For 2 Pty Ltd to contact your emergency contact/Doctor in the case of any emergency. In the event of an accident whereby medical assistance is required, you agree to cover all medical expenses related to the medical assistance provided. You give permission for Fit For 2 Pty Ltd to call an ambulance if required for the safety of yourself and your baby and you agree to pay all expenses.

6. You understand that it is your responsibility to inform your obstetrician/Doctor/Midwife that you are participating in Fit For 2 Pty Ltd services and that the Medical Consultant Agreement Clearance has been signed and specifies if you have any conditions/complications.

7. You understand that the exercises provided by Fit For 2 Pty Ltd are designed to improve your health and that they should not harm yourself or your baby.

8. You take full responsibility/supervision if your child/baby has to attend a session (before/during/after).

9. As a participator of Fit For 2 Pty Ltd classes, you agree that for yourself, completely holding responsibility for any damage, harm or loss encountered to you and or your unborn/children as a result of participation in the program. As allowed by law, YOU release and indemnify Fit For 2 Pty Ltd from and against any claims, rights or causes of action, except for claims of gross negligence arising during your participation in the classes. You understand that Fit For 2 Pty Ltd can use this information in a defense if a claim was to arise.

10. You understand that there is a one off fee for the initial consultation and all classes must be purchased prior in a pack of 10 or paid individually at each class.

11. You agree that you must give 24hrs notice to cancel a class and re-book, if you do not provide 24hrs notice a cancellation fee occurs which is the class fee regardless or deducted from your 10 pack purchase. If you have cancelled a class in the 24hr period, you agree to pay for that class at your next class or earlier via bank transfer or it will be deducted automatically from your10 pack and you understand that you can make up that class anytime at another class venue which is not your regular booked weekly class.

12. You accept that all information provided to Fit For 2 Pty Ltd by yourself will remain confidential and it will not be released to a third party without your consent.

13. By agreeing to the terms and conditions, you agree that you have read ALL the above statements and agree to and accept all statements above.

14. You hold responsibility that if you can’t attend Fit For 2 Pty Ltd classes any longer that you must notify Fit For 2 Pty Ltd in writing to avoid any further charges to anita@fitfor2.com.au

ONLINE MEMBERSHIP PROGRAM
Who is it not for?

Many of us are lucky to be blessed with a ‘low risk’ pregnancy, where there are no existing health concerns or difficulties, although you should always speak to your health provider before embarking on any exercise program.

The following list outlines some of the medical conditions that would indicate your pregnancy is not low risk, and therefore exercise may be unsuitable during this pregnancy for all programs of Fit For 2 Pty Ltd:

  • You have had 3 or more miscarriages
  • You have a history of heart disease
  • You have general poor health or medical problems including diabetes (uncontrolled), thyroid disease, kidney disorders, respiratory problems
  • You have very low body fat that may be a cause of an illness
  • You are on medication that alters cardiac output or blood flow distribution
  • You suffer from anaemia
  • You have a history of premature labour
  • Your medical team has confirmed your baby is small for dates
  • You have a low lying placenta level 3 or 4
  • You have an incompetence cervix
  • You have ruptured your membranes
  • You are expecting twins and there are complications. otherwise its safe to exercise

However even if you do have complications and you may be excluded from certain components of exercise, you will still gain an enormous amount of tips and advice for all other areas of your conceiving, pregnancy and postnatal time during the membership program. Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for at your own discretion, following or not following any exercise program or regime that we provide as part of the information service.

INFORMATION SECURITY

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. You agree that if you are issued a Username and Password by Fit For 2 Pty Ltd, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying (anita@fitfor2.com.au) Fit for 2 Pty Ltd immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.

LIMITATION OF LIABILITY

Under no circumstances shall Fit For 2 Pty Ltd, advertisers and/or its contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fit For 2 Pty Ltd, advertisers and/or its contractors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Fit For 2 Pty Ltd, advertisers and/or its respective contractors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fit For 2 Pty Ltd, its advertisers, contractors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Fit For 2 Pty Ltd reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Fit For 2 Pty Ltd in asserting any available defenses

WARRANTIES DISCLAIMER

The Information is subject to Fit For 2 Pty Ltd quality control processes, the Information is also subject to continuing research, clinical experience, and reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. Fit For 2 Pty Ltd make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “AS-IS” without warranty of any kind. Fit For 2 Pty Ltd advertisers and/or its contractors hereby disclaim all warranties without regards to this site, the information and services contained or received through use of this site, and any products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, no representation or warranty is made that the information will meet your health or medical requirements. Fit For 2 Pty Ltd provides general health and fitness information and the circumstance of each individual will differ. You should with respect to the use of our sites exercise your own judgment and you should evaluate the accuracy, reliability, suitability and relevance of the available information contained on our sites. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

LIMITATION OF LIABILITY

To the extent permitted by law under no circumstances shall Fit For 2 Pty Ltd, advertisers and/or its contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if Fit For 2 Pty Ltd, advertisers and/or its contractors have been advised of the possibility of such damage. Claims in connection with this agreement will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Fit For 2 Pty Ltd, advertisers and/or its respective contractors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

INTELLECTUAL PROPERTY RIGHTS
Copyright

The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Fit For 2 Pty Ltd prior written permission.

Trademark

Fit For 2 Pty Ltd, Fit For Pro name, logo, and all product names, Fitfor2 names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Fit For 2. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. Use of a Trademark or other logo without permission may result in termination of the relationship.

THIRD PARTY SITES

Our Site contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.

You may be transferred to online merchants or other third party sites through links or frames from our sites. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Fit For 2 Pty Ltd and may not be monitored or reviewed by Fit For 2 Pty Ltd. The inclusion of such a link or frame does not imply endorsement of the site by Fit For 2 Pty Ltd, its advertisers or contractors, any association with its operators and is provided solely for your convenience. You agree that Fit For 2 Pty Ltd and its contractors have no liability whatsoever from such third party sites and your usage of them. You acknowledge and appreciate the risk associated with purchasing from third parties.

PAYMENT AND REFUNDS

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to Fit For 2 Pty Ltd service is always subject to payment first being made by you. We reserve the right to terminate your access to Fit For 2 Pty Ltd service if you are not up to date with any payment plan that may be offered. We will use PayPal payment gateway service for financial transactions unless stipulated on the website. 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 Fit For 2 Pty Ltd. Fit For 2 Pty Ltd membership fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST. All fees are non-refundable.

All ongoing memberships will be charged monthly to your nominated payment via Paypal. If you no longer wish to obtain your membership with Fit For 2 PRO, then it is your responsibility to cancel your membership. If you have purchased a bulk pack ie 6 or 12 months, your membership will end at that time. You can cancel your monthly membership at anytime.

If you have purchased an Introductory offer, you will maintain that cost of the membership until you decide to cancel your membership. However if you cancel your membership and re-join, you will be charged at the current price as per what the site states.

PERSONAL INFORMATION WE COLLECT

When you visit our site, we collect two types of information: personal information you actively choose to disclose (“Active Information”) and Use.

Information collected, in a way not visible to you, on an aggregate anonymous basis as you and other users browse our site (“Passive Information”).

1. Personally Identifiable Information

This refers to information that lets us know specifically about you i.e. profile information.

A. Registration

When you register to become an authorized member/customer of our services, we will collect Personally Identifiable Information (such as name, email address). This Personally Identifiable Information is securely stored and may be accessed on our website. To login to the membership portal create an account using your email address and selecting a personal password. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.

B. Ordering

When you place an order for products or services, we collect Personally Identifiable Information (such as name, email). We use this information to deliver your order, and to communicate the status of your order.

2. Aggregate Information

This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience. We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under our Privacy Policy. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in Fit For 2 Pty Ltd Privacy Policy

GOVERNING LAW

Fit For 2 Pty Ltd (excluding third party linked sites) is controlled from its offices within Australia. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Australia, by assessing this site, both you and Fit For 2 Pty Ltd agree that the statutes and laws of Australia shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and Fit For 2 Pty Ltd also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Australia and any legal proceedings shall be conducted in English. Fit For 2 Pty Ltd makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories/countries where their contents are illegal is prohibited. By clicking that you ACCEPT and agree to these terms and conditions outlined above that you will NOT hold Fit For 2 Pty Ltd and/or any of its Contactors liable.