Terms & Conditions
The material on the Fitness n Motion Ltd ABN 28 082 603 254 ('Fitness n Motion') Website, under the domain name 'fnm.com.au' (collectively 'Website') resides on a server in the state of New South Wales, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.
We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.
If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
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Anti-spam notice
Publication of electronic addresses on Fitness n Motion's Website is for the purpose of professional communication only and must not be used to infer consent by Fitness n Motion or the relevant addresses, to the receipt of unsolicited commercial electronic messages.
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Content on this Website
Material or information ('Content') on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Fitness n Motion does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.
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External links and advertisements
This Website contains links to websites maintained by other organisations over which Fitness n Motion has no control. Fitness n Motion does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
Fitness n Motion makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is Fitness n Motion responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.
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Limitation of liability
Fitness n Motion (i) makes no warranties or representations about this Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. Fitness n Motion excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by Fitness n Motion in relation to the use of this website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).
Under no circumstances will Fitness n Motion be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
Fitness n Motion shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
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Copyright in material on this site and restriction of use
Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Fitness n Motion Ltd (ABN 28 082 603 254). All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
For further information about copyright in Fitness n Motion content contact the Legal Business Unit.
Fitness n Motion grants you permission to do the following with the content unless otherwise indicated:
- store a reproduction of the content on your local computer for the sole purpose of viewing it
- print hard copies of the content for non-commercial use or personal use only
- reproduce or distribute any complete page of the content so long as
- you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
- you do not modify the copy from how it appears on the Website (unless expressly authorised by Fitness n Motion)
- this copyright notice appears in its entirety in each copy made or distributed, and
- the content is appropriately attributed to Fitness n Motion
Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of Fitness n Motion.
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Copyright in other material
Fitness n Motion makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
Fitness n Motion is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
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Trademarks
Trademarks including but not limited to the words 'Fitness n Motion', unless otherwise indicated, are owned by Fitness n Motion in Australia and may be the subject of rights in other countries. You must not use Fitness n Motion's trademarks except: (i) by saving or printing out a copy of Fitness n Motion's website as permitted by the copyright notice above; (ii) as permitted by written agreement from Fitness n Motion.
This Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
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Indemnification
You agree to indemnify, defend and hold harmless Fitness n Motion, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. Fitness n Motion reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
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Invalid terms and conditions
In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.
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Variation of terms of use
Fitness n Motion reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.
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Website unavailability
Fitness n Motion does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Fitness n Motion.
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Password requirement
Fitness n Motion members may obtain a password by logging into the Fitness n Motion Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. Fitness n Motion may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.
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Password security
You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.
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Prices
Prices are correct at the time they appear on this Website. However, Fitness n Motion reserves the right to change prices at any time.
The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.
In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.
The GST exclusive price is only available to customers who:
- are non residents
- are outside Australia at the time they receive the supply of the e-learning course and any other materials
- agree to the declaration referred to previously
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Participation in competitions
All competitions that you may enter on this Website are governed by the relevant State legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.
Privacy Policy
In addition to those provisions under the Fitness n Motion Privacy Policy, Fitness n Motion will disclose relevant personal information collected about you when you place this order to the third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order to the Fitness n Motion customer. The third party supplier will retain such relevant information as is necessary for the purposes of a warranty claim. Upon expiry of such a time, the information will be returned to Fitness n Motion and managed in accordance with the Fitness n Motion Privacy Policy, described herein.
