Please read this Terms and Conditions carefully before using this Website. Acceptance of the Terms & Conditions
Effective Date: 20/12/2024 Welcome to Mumma K Health and Fitness ("we," "our," "us"). By accessing and using our website, www.mkhf.com.au (the "Site"), and services, including but not limited to fitness training, nutrition advice, and related products (collectively, "Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, you must not use the Site or Services.
By accessing or using our Site, Services, or any features offered through the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any other applicable laws or regulations, including those relating to privacy and data protection. We may modify these Terms at any time, and any changes will be posted on this page with an updated effective date. Continued use of the Site and Services constitutes acceptance of the updated Terms.
To use our Services, you must:Be at least 18 years old, or have the consent of a parent or guardian if under 18.Have the legal capacity to enter into binding contracts.If you are under 18 years old, you may only use the Site with the supervision of a parent or guardian who agrees to be bound by these Terms.
Intellectual Property Rights The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at [email protected] These Terms & conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features. You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & conditions is a breach of these Terms & conditions and may violate copyright, trademark and other laws. Digital Millennium Copyright Act, Copyright Infringement; Notice and Take Down ProcedureServices Provided We offer the following services on our Site:Personal Training: Customized fitness programs, virtual personal training, and online coaching.Nutrition Services: Personalized meal plans, dietary advice, and nutrition coaching.Products: Fitness-related products such as supplements, fitness equipment, and accessories.We reserve the right to modify, suspend, or discontinue any Services at any time without notice.
When using our Site and Services, you agree to:Provide accurate and complete information when creating an account or using the Services.Keep your account details (username, password) secure and confidential.Refrain from using the Site for unlawful or prohibited purposes.Not engage in any activity that could harm, disrupt, or interfere with the functionality of the Site or Services.Comply with all applicable local laws, including health and fitness regulations, privacy laws, and intellectual property rights.You may use the Website only for lawful purposes and in accordance with these Terms & conditions. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee or manager, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website. User Contributions The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms & conditions. Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on the Website may see the information that you post on any applicable Website membership area. For this reason, you agree that you shall not post any information on the Website that you do not want others to see. You agree that anything you post in the applicable membership area of the Website is at your own risk, and you further agree to hold Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy.You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms & conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. Monitoring and Enforcement; Termination We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & conditions.To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision. Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements. Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The content and services provided on this Site, including fitness programs, personal training sessions, nutrition advice, and meal plans, are for informational purposes only. Before beginning any exercise or diet program, you should consult with a healthcare professional to ensure it is safe for you, especially if you have any pre-existing medical conditions, injuries, or concerns.By using the Site and Services, you acknowledge and agree that:Participation in physical activities and following nutrition advice involves inherent risks, including the risk of injury or adverse health effects.We are not responsible for any injury, health problems, or other issues that may arise from your use of the Site or participation in any fitness or nutrition programs.Disclaimer Purpose of Information Collection:The information collected in this intake form is intended solely for the purpose of providing personalised nutrition advice and creating a tailored nutrition plan. This information will be kept confidential and used exclusively by the nutritionist.Not a Substitute for Medical Advice:The services provided by the nutritionist are not a substitute for medical advice, diagnosis, or treatment. It is essential to consult with your physician or healthcare provider before making any changes to your diet, exercise, or medication regimen. The nutritionist does not provide medical advice, diagnosis, or treatment.Accuracy of Information:The accuracy of the information provided by the client is crucial for developing an effective nutrition plan. The client is responsible for providing accurate and complete information. The nutritionist is not liable for any consequences arising from inaccurate or incomplete information provided by the client.Voluntary Participation:Participation in the nutrition consultation and any associated programs is voluntary. The client may choose to discontinue participation at any time and is not obligated to follow nutritional advice or programs.Potential Risks:Changes in diet and physical activity may involve risks, including but not limited to allergic reactions, digestive issues, or changes in medical condition. It is the client's responsibility to inform the nutritionist of any known medical conditions, allergies, or other health concerns that may affect their nutrition plan.No Guarantees:The nutritionist cannot guarantee specific outcomes or results from the nutrition plan or advice provided. Individual results may vary based on various factors, including adherence to the plan, individual metabolism, unexpected circumstances and overall lifestyle.Release of Liability:the client releases the nutritionist from any liability related to adverse outcomes or damages resulting from the implementation of the nutrition plan or advice provided. The client assumes full responsibility for their health and well-being.
By using our Site and Services, you acknowledge and accept the following Waiver of Liability:You understand that participating in physical activities and following nutrition plans involves inherent risks, including but not limited to the risk of injury, strain, or other health complications. You voluntarily assume all risks associated with your participation in fitness programs, nutrition advice, or any other Services offered on the Site.Youagree to release Mumma K Health and Fitness, its employees, contractors, agents, and affiliates from any and all liability for any injury, health issues, or damages that may arise from your use of the Site or Services. This Waiver of Liability applies to all claims, whether caused by negligence or otherwise.you accept and agree to be bound and abide by these Terms & conditions, our privacy policy (the “Privacy Policy”), and our earnings disclaimer (the “Disclaimer”) all of which can be found in the Website footer and are incorporated herein by reference. If you do not want to agree to or accept these Terms & conditions, the Privacy Policy, or the Earnings Disclaimer, you must not access or use the Website.You recognise that your trainer Kayla is not a medical doctor and it is strongly advised that you consult with these professionals before undertaking any advice provided. You agree that any advice that you undertake is entirely voluntary and at your own risk.Results from your personal training and nutritional advice will vary and I cannot guarantee an outcome.
Some of the Services provided on the Site may require payment, including personal training sessions, nutrition consultations, and premium content. By using these paid Services, you agree to pay all applicable fees and charges.Payments will be processed securely by third-party payment processors (Stripe).All prices are listed in [AUD/USD], and you are responsible for any taxes or other charges applicable in your jurisdiction.Subscription-based Services can be canceled at any time, subject to the terms outlined in the subscription agreement.All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.Byplacing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.In the event of any inconsistency between these Terms of Sale and our Website Terms & conditions, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will control.Order Acceptance and Cancellation.You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.Prices and Payment Terms.All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern. Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.Sale of Goods. The Website may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Refund Policy. NO REFUNDS Unless a refund policy is posted on the Website at the time of your purchase, the sale of all products, services or tickets to an event are final and non-refundable. However, to the extent a refund policy is posted on the Website at the time of your purchase, we will accept a refund pursuant to such refund policy. To request a refund, you must email us at [email protected] Your refund will be credited back to the same payment method used to make the original purchase on the Website. Sale of Subscription/Membership Services.The Website may from time to time offer optional subscription services (or subscription membership programs) for specific users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to [email protected]) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.
You may submit content to the Site (e.g., comments, reviews, feedback, photos). By submitting such content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display the content for marketing and promotional purposes. You represent and warrant that you have the right to submit the content and that it does not infringe on any third-party rights.You are solely responsible for any content you submit, and we reserve the right to remove any content that is offensive, harmful, or violates these Terms.
Your use of our Site is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site and Services, you consent to the collection and use of your personal data as described in the Privacy Policy.
All content on the Site, including text, images, videos, logos, graphics, and software, is the property of [Your Website Name] or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from the Site without our prior written consent, except for personal, non-commercial purposes.
We reserve the right to suspend or terminate your access to the Site and Services at any time if you violate these Terms or engage in conduct that we deem harmful to our business, other users, or the integrity of the Site. Upon termination, you must immediately stop using the Site and Services.
To the maximum extent permitted by law, Mumma K Health Fitness and its affiliates will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Services.
You agree to indemnify and hold harmless www.mkhf.com.au, its affiliates, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:Your use of the Site or Services.Your violation of these Terms.Your infringement of any third-party rights.
These Terms are governed by the laws of Australia. Any disputes arising out of or relating to these Terms or your use of the Site will be resolved through binding arbitration in Brisbane Queensland in Australia, or in a court of competent jurisdiction in Australia.Waiver and SeverabilityNo waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & conditions will continue in full force and effect. Entire AgreementThe Terms & conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
We may update these Terms and Conditions from time to time. Any changes will be posted on this page, and the updated version will include ,updated 20/12/2024 We encourage you to review these Terms periodically to stay informed about any changes.
If you have any questions or concerns about these Terms and Conditions, please contact us at:Kayla Theil Mumma K Health and FitnessEmail: mumma.k.health.fitness@gmail.comWebsite: www.mkhf.com.au