The Fitness Entourage Membership
Terms and Conditions
[last updated July 2017]
THE FITNESS ENTOURAGE - Market Smarter, Not Harder
Welcome to The Fitness Entourage HQ. As a Member, you will have access to training materials, modules, video’s, blogs, programs and forums designed to assist you in developing and building your fitness business online.
These terms and conditions form the basis of your Membership Agreement with The Fitness Entourage (TFE). You should read and understand these terms and conditions carefully as they explain what each of TFE and you are responsible for, and are designed to protect both TFE and you.
We do not require your signature for these terms and conditions to commence or to be legally binding. By checking the ‘I Agee’ box, you are agreeing to be bound by these terms and conditions effective immediately, and you are entering into a legal agreement. Read the terms and conditions carefully before you check the “I Agree” option.
TFE Membership is provided by The Fitness Entourage ABN 42 165 493. Any reference to “TFE”, “we”, “our”, “us” or similar words includes the business, its directors, employees, agents, successors and assigns. Any reference to “Member”, “you” or “your” or similar words includes you, your successors and assigns.
1. Membership
1.1 You confirm that you are 18 years of age or over and have read and understood and agree to the terms of this document, including the release, disclaimer and indemnity.
1.2 By joining TFE as a current financial TFE Member you get access to training materials, modules, video’s, blogs, programs and forums designed to assist you in developing and building your fitness business, through the Members’ Portal (Members’ Portal).
1.3 Your membership does not include individual TFE Coaching and Mentoring. Please [contact us] to find out more about purchasing those services.
1.4 Individual components of the program are not redeemable, transferable, or interchangeable if you are unable to use them during your membership.
1.5 We reserve the right to change or substitute components available through the Members Portal at any stage with alternatives that we feel will be of equal or greater value to you.
1.6 Your access to the Members’ Portal will come to an end if cancel your membership, or your payments are not made on the due dates.
1.7 Your membership is not transferable. It cannot be sold or given to another person.
1.8 You will be provided with a username and password. This is not to be shared with others.
2. Your commitment
2.1 You agree to keep your Members’ Portal username and password secure and not to share access to Members’ Portal or content with anyone who is not a member of TFE. TFE is not responsible for the storage of your password, this is your sole responsibility.
2.2 You commit to take ownership of your own business goals, motivation, growth, development and success, and to invest the time and effort needed to build, manage and support your business.
2.3 You agree that your individual success will be determined by your own participation, dedication, effort and motivation to work. You release TFE from any liability or accountability in any way, for any failure of your access to the Members’ Portal to live up to your expectations.
3. Using TFE Members Portal
3.1 As a condition of you becoming a TFE Member and accessing the Members’ Portal, you warrant that you will not use the Members’ Portal, our website, or any TFE materials for any purpose that is unlawful or prohibited by law, or these terms and conditions.
3.2 You may not use our website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of our website. You agree not to hack into areas of the website that are not intentionally made available by us as part of Members’ Portal.
3.3 We expect you to show common courtesy and respect when participating in forums or making business or social connections through Members’ Portal. You must be respectful to all Members. If commenting on our social media, the same expectations apply.
3.4 As a member, you will have access to participate as part of TFE community. You may have access to messages, friends, groups, forums and/or closed or public social media pages (TFE Communities). You agree to use TFE Communities only to post, send and receive messages and material that is proper and related to the services TFE provides.
3.5 This means that you agree that when accessing the Members’ Portal, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
(b) Post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(d) Upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents.
(e) Upload any material that has been altered to remove proper legal notices.
(f) Download any material posted by another user that you know, suspect or reasonably should know, cannot be legally distributed in such manner.
(g) Advertise or offer to sell or buy any goods or services for any business purpose, unless we provide a forum for those messages.
(h) Conduct or forward spam, surveys, contests, pyramid schemes or chain letters.
(i) Restrict or inhibit any other user from using and enjoying our website services.
(j) Violate any code of conduct or other guidelines we publish.
(k) Violate any applicable laws or regulations.
(l) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
4. Intellectual Property and Copyright
4.1 Intellectual Property means patents, registered or unregistered trade marks, trade names, logos, designs, symbols, emblems, slogans, copyrights, know-how, information, computer software and programmes, drawings, plans and other identifying materials, whether in electronic form or otherwise and whether or not registered or capable of registration, and all other proprietary rights owned by or available to us, adopted or designated now or at any time in the future by TFE for use in connection with the Members' Portal or other TFE services.
4.2 You acknowledge that a great deal of time and effort has gone into creating TFE Intellectual Property. You agree to use our Intellectual Property for the sole purpose of supporting your learning, and for no other purpose, including for commercial purposes or giving them away to others.
4.3 You agree not to infringe TFE Intellectual Property rights, or the Intellectual Property rights of any TFE Member or third party.
4.4 Material uploaded to any part of our website may be subject to stated limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations if you download the materials.
5. Your material posted in TFE Communities
5.1 We do not claim ownership of the materials you (including feedback and suggestions) post on any of part of our website, including TFE Members Portal. However, by posting any information or material you are granting us, our affiliated companies and necessary sub-licensees permission to use your information or material including, without limitation, the rights to: copy, distribute, transmit, communicate, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name with your information or material. No compensation will be paid to you with respect to that use of your material or information.
5.2 We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all the rights necessary for you to post that material or information.
6. Confidentiality
6.1 Our contracts and business methods are confidential to our business, and you agree to keep them confidential.
6.2 You agree that any confidential information shared by Members or TFE is confidential and proprietary, and belongs solely and exclusively to the person or entity that discloses it.
6.3 You agree not to disclose confidential information to any other person or use it in any manner other than in discussion with TFE or other Program participants in the forum.
6.4 You acknowledge that any confidential information shared by you is done so at your own risk, and you waive any right to seek recourse from TFE for any loss or damage suffered because of sharing that information.
7. Privacy
7.1 We respect your privacy and will not share your personal information without your consent, or otherwise in accordance with the terms of our Privacy Policy. Our Privacy Policy can be found on our website.
7.2 We insist that you respect the privacy of fellow TFE members and you agree not to violate the privacy of any other TFE Member.
7.3 We reserve the right always to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
8. Posting Your Personal Information
Always use caution when giving out any personally identifying information about yourself anywhere on the internet. We do not control or endorse the content, messages or information found in any part of TFE Members’ Portal or our website, where users are able to contribute their own posts and material. We disclaim any liability about those parts of our website and any actions resulting from your participation in using those parts of our website.
9. Monitoring Communication Services
We are not obliged to monitor the posts and materials published by members or the public in TFE Communities. However, we reserve the right to review materials that are posted and to remove any materials at our sole discretion.
10. Money Back Guarantee
10.1 TFE provides a thirty (30) day money back guarantee on your subscription to TFE Membership. That time period runs from the date you activate your account, and will not be extended.
10.2 At your option during the thirty (30) day money back guarantee period, you may cancel your TFE Membership simply by sending us an email [insert]. We ask that you put your request in writing so that we can properly action your request.
10.3 Your payment will be refunded via the same payment platform you used to make your initial payment. Please allow seven (7) days for processing your refund.
10.4 The provisions of clause 12.3 will apply in respect of access to content and materials after termination.
11. Payment of Membership Fees
11.1 You agree that TFE uses the third-party payment platforms PayPal and Stripe to process Membership Payments. By using and agreeing to TFE’s terms and conditions, you also agree to be bound by PayPal and Stripe’s Terms of Service
11.2 You agree that you are responsible for all transactions (one-off, recurring, and refunds) processed through the third-party payment platforms of PayPal and Stripe.
11.3 You understand and agree not to hold TFE liable for any loss or damage at all arising from any errors, invalid transactions processed with your PayPal or Stripe account or any actions whether intended or not on behalf of PayPal or Stripe. You agree that if you process a transaction, it is your responsibility to verify that the transaction has been correctly and successfully processed and not the responsibility of TFE.
11.4 Membership payments are to be made monthly in advance on the due date.
11.5 Partial or instalment payments will not be accepted. You will gain (and retain) access to TFE Members’ Portal only when full (cleared) funds have been received.
11.6 You agree that failing to pay TFE membership fees when due will result in your access to the Members’ Portal being suspended or cancelled, including any stored information, modules, badges, levels, achievements, communication or participation in TFE Communities.
11.7 If your circumstances change and you are unable to continue your TFE Membership and/or are unable to complete any modules, there will be no partial refunds.
11.8 Fees are not refundable simply because you have changed your mind about participating after the thirty (30) day money back period, or failed to access or make good use of TFE Members’ Portal.
11.9 If you access TFE Member Portal on an infrequent or limited basis (or you fail to log in at all), you will not be compensated by TFE. This includes access to equipment allowing you to log in. You are responsible always to ensure that you make the best use of TFE Members’ Portal and your membership, and you agree that the full value is provided to you by way of access to the Members Portal upon joining, and is not dependent upon whether you access the Members’ Portal, programs, website or modules, in part or at all.
11.10 TFE will not be liable to you for any loss or damage you may suffer because TFE have exercised our rights under this clause. Any suspension or cancellation imposed will not extend the term of your membership or be compensated in any manner by TFE.
11.11 You understand that the cost of TFE Membership may or may not be fully or partially tax deductible depending upon your individual circumstances. You undertake to seek your own independent advice regarding any tax deductibility.
12. Suspension/Termination/Access Restriction (including Login and Passwords)
12.1 TFE reserves the right, in our sole discretion, suspend or terminate your access to TFE Members’ Portal, related services or any portion of it at any time, without notice.
12.2 You may lose or have restricted access to TFE Member Portal due to login and password lose or malfunction. You understand and agree that two (2) failed login attempts may result in loss of access to TFE Member Portal. You agree that while TFE may attempt to assist you in re-setting your login and or your password, TFE cannot guarantee recovery of lost login or password information, or that access can be regained quickly or at all.
12.3 If your membership is suspended, terminated or your access to the site is restricted, blocked or hindered for any reason at all (including that you have forgotten, lost or incorrectly entered your login or password) the following provisions will apply.
(a) Any membership fees you have paid to that time will not be refunded.
(b) As of the date of termination you no longer have access to TFE Members’ Portal.
(c) We are under no obligation to provide you with further access to TFE Members’ Portal, services or program materials.
(d) We are under no obligation to provide you any further information regarding TFE Membership Program.
(e) We are under no obligation to reinstate your TFE Membership.
12.4 If you end your Membership and then start again later, no past history will be stored. You will need to complete all modules again.
12.5 TFE may, at its sole discretion, grant a period of thirty (30) days grace to reinstate your access to the Members’ Portal however, it is expressly acknowledged and accepted by you that any materials you have uploaded to TFE Member Portal, or records of work completed, progress or achievements (including but not limited to any badges, awards, certifications or system of achievement recognition) recorded in the Member Portal will not be guaranteed by TFE as stored, whether you are within or outside of the Thirty (30) days grace.
13. Release, Disclaimer & Indemnity
13.1 You release TFE from all and any responsibility or liability for any losses claims or demands that may directly or indirectly arise because of you using the information obtained through TFE Membership or TFE Members’ Portal, subject to the requirements of Australian Consumer Law.
13.2 You understand that the information available through the Members Portal is provided for educational purposes only, and that while TFE take every care in the provision of that information, TFE does not guarantee the accuracy of the information contained in the Members Portal or its ability to create business success. Individual success will vary from member to member. Regulations, practices and procedures change over time in all industries and this may affect older content on our site.
13.3 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to an amount equal to the total monthly membership fee received from you in the three months immediately preceding the date of dispute, even if that amount was zero.
13.4 You agree that no information or advice provided by TFE represents guaranteed, warranted, promised or projected earnings and further that no information or advice provided by TFE constitutes financial, legal, tax or advice of any other regulated industry and you acknowledged that it is your sole responsibility to seek an appropriate professional for specific advice for your individual business development.
13.5 This disclaimer and indemnity applies as to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of TFE Member Portal or the information, training and services found on it or TFE website.
14. Third Party Services
14.1 Access to the Members’ Portal relies upon the continued operation of third party online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.
14.2 All third party services, like Facebook, Pay Pal, Stripe etc., are made available pursuant to their own terms and conditions, which you agree to be bound by as soon as you have an account or login with that provider. We recommend you familiarise yourself with applicable terms and conditions. You agree that in all cases where TFE Members Portal or TFE website contains links to third party websites that these websites are not under our control and that we are not responsible for these websites or their content.
14.3 You further agree that TFE are not responsible for any form of transmission received from any link to a third-party website or service.
14.4 You agree that links may be provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, its services or any association with its operators.
14.5 Any costs or other liability arising from use of your accounts with third parties remains your sole responsibility.
14.6 You agree to indemnify TFE against any loss or damage arising directly or indirectly from any use of software or other third-party services recommended or provided to you.
15. General
15.1 We may update these terms and conditions from time to time. We will provide you with 30 days’ notice of any changes that impact you. We will also publish our Terms and Conditions, including any amended terms, in the Members’ Portal for you to view.
15.2 You acknowledge that your access to the Members’ Portal does not give you the right to represent (whether expressly or implied) or hold out to any person that you are a representative, agent, employee, partner or in any way connected with TFE or other TFE members.
15.3 Any time or other indulgence granted by either party it will not in any way amount to a waiver of any of rights or remedies that party is entitled to under this agreement.
15.4 These terms and conditions are governed by the laws of Victoria, Australia and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there is a dispute between the parties.
15.5 We may provide you with any notice required pursuant to this agreement or your TFE Membership via email or through your account in the Members’ Portal. All notices must be in writing. You may provide us notice via email [insert] or our contact page [link].
15.6 If for some reason a clause of this agreement is unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
End.