TERMS & CONDITIONS

These terms and conditions (Terms and Conditions) govern your use of the website ecfitnesstraining.com.au (the Website) operated by EC Fitness Training Pty Ltd ACN 641 182 569 (EC Fitness Training). They also govern your use of the EC Fitness training services and any of its related services, equipment or products (the Services).

Please read the following Terms and Conditions carefully before signing up to EC Fitness Training or using any of the Services. It is your responsibility to read and understand the Terms and Conditions and your continued use of the Website and/or Services will amount to acceptance of these and any updated Terms and Conditions.

1. Agreement

1.1. In these Terms and Conditions “We”, “Our” or “Us” means EC Fitness Training (and where the context permits Our employees, directors, contractors and agents) and “You” or “Your” means the person who accepts these Terms and Conditions, by using the Website and/or the Services, including the purchase of online Services through the Website.

1.2. By browsing the Website, or using the Services whether online or in person, You agree to these Terms and Conditions which constitute a legally binding Agreement between Us and You for the supply of the Services.

1.3. These Terms and Conditions constitute a contract between the You and Us. The Agreement cannot be varied unless We agree to vary it in writing

2. Legal Capacity

2.1. By registering to the Services online or in person, You represent and warrant that You are at least 18 years of age, and if You are registering on behalf of a minor, that You are their legal guardian.

2.2. If You are registering on behalf of a minor, it is Your responsibility to inform them of their obligations under these Terms and Conditions.

3. Medical Disclaimer

3.1. You are solely responsible for evaluating Your own health and wellbeing and whether You should participate in the Services and any related events or activities organised by Us. This includes undertaking any exercise or using any equipment which You suspect may adversely affect any medical condition You have or on advice from a health care professional.

3.2. We encourage You to seek medical advice from Your health care professional prior to using the Services to ensure that You are mindful of Your current health and any restrictions You may have. You should seek medical attention if You feel that there is an unexpected change to Your medical condition at any time while using Our Services either in person or through Our Website.

3.3. By participating in the Services You warrant that, to the best of Your knowledge, You are in good physical health and have no existing medical conditions that could prevent You from participating in the Services, or would be aggregated by use of the Services.

3.4. If You have an injury or health concern please let Us know prior to commencing training with Us either through the Website or in person.

3.5 We are not a medical organisation, qualified nutritionists or registered dietitians. and do not purport to give You medical, nutrition or diet advice or assistance in whatever form. Nothing on the Website or provided to You through any of the Services should be understood as medical, nutrition or diet advice and assistance and substituted for appropriate medical advice or assistance from qualified practitioners.

4. Accounts

4.1. In order to access features of the Website or Our Services, You may need to create an account online with Us on the Website, on www.ptminder.com, or on another personal training app, website or platform (a Provider) that we elect to provide Our Services to You through (Account). You may never use another person's Account without Our or the Provider’s permission.  

4.2.You are solely responsible for Your Account and must:

4.2.1 keep Your Account details password secure; and

4.2.2. comply with any and all terms of use set out by the Provider in relation to your  Account.

4.3. You must notify us immediately if there has been any authorised use of Your account.

4.4. We may terminate Your account for any security breaches or for any other reason without notice to You.  

5. Your Conduct

5.1. You must comply with all rules of conduct, dress, equipment and facility usage (Rules) established by Us from time to time. The Rules will usually be displayed on Our Premises but are otherwise available on Our Website or upon written request.  You must make sure that You read, understand and follow the Rules at all times as they form part of these Terms and Conditions.

5.2. You acknowledge and agree that if:

5.2.1. You behave in a risky or inappropriate way (for example, by threatening or harassing others, damaging equipment or distributing or using illicit substances);

5.2.2. fail to comply with any reasonable direction given by Our staff members from time to time; or

5.2.3. otherwise fail to comply with the Rules,

We may take any action that We consider fair and appropriate, which for the avoidance of doubt can include immediately terminating this Agreement, suspending Your access to the Services, or notifying the relevant authorities of Your conduct.

5.3. You agree to take care to use Our premises and all exercise equipment safely and properly. If You are ever unsure about how to operate any exercise equipment, you must ask one of Our staff members before You use it.

5.4. You agree to pay for any loss or damage to Us and Our equipment caused by You through a wilful, wrongful or negligent act or as a result of Your breach of the Rules or these Terms and Conditions. If Your conduct causes another person costs, loss or damages, You agree to pay for these.

5.5. You agree to not unnecessarily bring valuables into Our premises and You acknowledge and agree that it is not Our obligation to look after unattended property.

5.6. You acknowledge and agree that engaging in any commercial or business activities on Our Premises or through the Website (for example, by offering training services or selling goods to Our other customers) is prohibited unless We give You specific written approval to do so, approval of which We can revoke at any time and for any reason, in Our sole discretion.

6. Fees

6.1. All prices quoted for the Services include GST unless otherwise specified.

6.2. You acknowledge that We charge fees for the Services, and We reserve the right to change Our fees from time to time in Our discretion. We will provide 2 weeks’ notice to You of an increase in our fees for Services (by contacting the e-mail and/or billing address and/or phone number You provide Us with when accepting these terms and conditions).

6.3. Prices displayed on the Website or provided to You by us through other documents or verbally are subject to change with 2 weeks’ notice to You.

7. Payment

7.1.  You may make payment for the Services:

7.1.1. in cash; or

7.1.2. via Stripe or by other means specified on the Website or as advised by Us from time to time (the Payment Gateway), including by providing Your nominated credit card or bank account details (Billing Account) during the purchase process described on the Website or on the hard copy document that We provide to You or in person.

7.2. Payments made for Services:  

7.2.1. are deducted in agreed instalments (either on a one-off basis, weekly, fortnightly, monthly, quarterly or annually) from Your Billing Account or paid by You via the Payment Gateway;

7.2.2. unless payment is to be made on a one-off basis, the payments are to be deducted in advance;

7.2.3. will continue after the initial period until terminated by 14 days' notice in writing by You or Us;

7.2.4. are final (We will not provide a refund for temporary ill health or otherwise); and

7.2.5. if made in relation in-person personal training Services, go towards prepaid training sessions which must be used within 3 months of the purchase date, or these sessions will be forfeited. There are no refunds on unused sessions. 

7.3. It is Your responsibility to ensure sufficient funds are available in Your Billing Account when the payments are to be drawn;

7.4. If a debit of any payment is unsuccessful You will be responsible for all the administration fees and collection fees required to be incurred by Us to recover the payment/s; and

7.5. If there are repeated failures to meet Your payment obligations (other than through a fault by Us), without prejudicing Our rights to recover any overdue payments, Your account may be suspended or terminated by written notice to You.

8. Cancellation Terms for In Person Services

8.1. We understand emergencies happen from time to time and We will attempt to reschedule Your training session with Us before cancelling.

8.2. However, a minimum of 12 hours' notice by text to the following phone number 0434784215 or by email to the following address ecfitnesstraining@gmail.com is required to cancel or reschedule a training session. If this notice is not given the session will be charged at the full rate.

8.3. If a trainer is unwell or otherwise cannot attend a scheduled training session with You, We will attempt to give You 12 hours' notice that Your training sessions has been rescheduled.

8.4. However, we may terminate Your training session at any time without notice to You if We deem that Your behaviour is inappropriate, offensive or for any other reason.

9. Purchase of Merchandise 

9.1. Products

9.1.1. Products offered on the Website are offered subject to availability.

9.1.2. We reserve the right to cancel any order for products You make on the Website if, for any reason following your order, the product becomes unavailable for purchase. We will inform You (by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made) of the order cancellation and refund You the price paid for the products as a matter of urgency.

9.1.3. All products should be used strictly in accordance with any instructions, precautions and guidelines that the product is delivered with or is displayed on the Website.

9.2. Prices and promotions

9.2.1. All prices, discounts and promotions displayed on the Website in respect of any products are  subject to change without notice, to the full extent permitted by law.

9.2.2 We may, from time to time, offer promotions or other discounts on purchases of products. We reserve the right to amend, suspend  or remove any such promotions and update product details and descriptions at any time without notice to You.  

9.3. Payment Terms

9.3.1. Terms of payment for products offered on Our Website are within Our sole discretion. Unless otherwise agreed by Us in writing, payment must be made by You and received by Us before We accept an order for a product.

9.3.2. If, in Our sole discretion, we determine that:

(a) Your means of payment was not able to be processed at the time of ordering;

(b) a charge is disputed for any reason other than failure by Us to deliver the item(s) purchased by You;

(c) You have abused or misused promotions or discount codes; or

(d) You have otherwise used the Website to enter into an improper transaction,  we reserve the right to immediately terminate any pending purchase of products.

9.4. Delivery: We will arrange for delivery of the products to You. Risk of loss passes to You upon delivery of the products to the carrier. You will pay all shipping and handling charges specified on the Website at the time the products are ordered by You. Shipping times and delivery dates are estimates only and are in no way guaranteed by Us. You acknowledge that We are not liable for any delays in shipments if We have dispatched the products for delivery within 10 days of You ordering the products.

9.5. Returns

9.5.1. To the full extent permitted by law, You acknowledge that certain products will not be eligible for returns and that the return policy for each product will be specified on the Website. 

9.5.2. If a product is eligible for returns, You must notify Us within fourteen (14) days of delivery that you wish to return the product.

9.5.3. You are responsible for all shipping and handling charges on returned items unless otherwise specified.

9.5.4. Our policy is to only accept returns if the return is made with a valid proof of purchase and if the product is returned to Us unworn, unwashed and unused, in its original condition with all tags intact and all hygiene stickers and tags are intact.

9.5.5. If, following Your return of the product to Us, We accept that the product meets the above conditions, we will refund You the purchase price, less the original shipping and handling costs and less the shipping and handling costs for such return.

9.5.6.  Unless otherwise specified on the Website, You must first email Us at ecfitnesstraining@gmail.com including Your order details in the subject line in order to initiate the return of a product.  

9.6. Resale of Products: Products offered and sold through the Website are for personal use only. You shall not use any products purchased from Us through our Website for re-sale or export purposes.  

10. Liability

10.1.  To the full extent permitted by law, We excludes all representation, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

10.2. You accept that Your use of the Services provided by Us are at Your own risk and You acknowledge that the use of equipment or Your general participation in exercise may involve risk of injury whether caused by You or another party. By participating in Our Services You agree that We will not be liable for any personal injury suffered from Us providing the Services to You, or from You using Our equipment.

10.3. You acknowledge and agree that We:

10.3.1. take no responsibility for any delay, malfunction, non-performance or other interruption to our Services provided over the internet or otherwise on the Website;

10.3.2. do not warrant that the Your use of the Website will be uninterrupted or error-free; and

10.3.3. are not responsible for any delays, failures, or any other loss or damage resulting from Your use of the Website over communications networks and facilities, including the internet, and You acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

10.4. These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, guarantees, conditions or obligations (including the Australian Consumer Law). If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option:

10.4.1.  in the case of goods:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods;

(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(d) the payment of having the goods repaired, and

10.4.2.  in the case of services:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

10.5. To the full extent permitted by law, You indemnify Us from and against all liability to You due to the negligence, breach of contract, statute or statutory duty by Us in any way relating to or arising from the Services.

10.6. We do not take any responsibility for any of Your personal belonging bought into or left at any location which We are providing Services to You.

11. Periodic Agreement and Termination

11.1. Periodic Agreement

You acknowledge and agree that:

11.1.1.this is a periodic membership agreement; and

11.1.2. this agreement will continue until either You or We terminate it in accordance with these terms.

11.2. Termination

11.2.1. You may terminate this membership agreement by completing the cancellation form provided by Us upon request by You, and delivering the cancellation form to Us in person or to Our email address.

11.2.2. We may terminate this membership agreement by providing You with written notice.

11.2.3. This agreement will be terminated 14 days after the date on which:

(a) We receive Your cancellation form; or

(b) We provide You with written notice of termination.

11.2.4. Any fees payable during the 14-day notice period are payable in full (in addition to any outstanding fees or unpaid fees that You owe to Us).

11.2.5. You will be entitled to a refund on the amounts paid in advance for Services to be provided after the date of termination.

11.2.6.   You acknowledge and agree that You must cancel any direct debit authorisation for payments on termination of this agreement.

12. Privacy

By signing up to use the Services or otherwise contracting with Us, You agree that We may store, process and use data collected from You for the purposes of providing You with Our Services. By placing Your Order or otherwise contacting Us, You also agree that We may use such data, other than credit card details, in order to provide You with information from time to time on other EC Fitness Training services or products that may be of interest to You. You may obtain a copy of the data held by Us concerning You on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by Us concerning You is incorrect, We will correct it on Your written request.

13. Miscellaneous

13.1. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

13.2. A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Us and does not preclude Our future ability to exercise that or any other power or right.

13.3. We may revise these Terms and Conditions at any time without notice. Revised terms and conditions will be published on this Website. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the Website.

13.4. These Terms and Conditions are governed by, and must be construed in accordance with, the laws of South Australia. With respect to these Terms and Conditions, You irrevocably submit to the exclusive jurisdiction of the courts in South Australia and courts which are competent to determine appeals from these courts 

13.5.  You hereby consent to receiving any notice(s) required under these Terms and Conditions by electronic mail (email).

13.6. All notices required or permitted to be given by Us under these Terms and Conditions will be in writing and will be deemed received by You upon the time the email is sent by Us to the email address provided by You upon signing up to use the Services.

13.7. Our contact information is:

EC Fitness Training Pty Ltd
352 Brighton Road, Hove, SA 5048
Mobile - 0434784215
ecfitnesstraining@gmail.com