Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of our, VAEFIT Pty Ltd (ACN 681 872 462) (“we”, “us”, “our”, or “VAEFIT”), services provided through the Everfit/VAEFIT mobile application ("Services"). Please read these Terms carefully before using the Services.
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you should immediately stop accessing or using the Services.
2. Use of Services
You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Services, unless you have permission from a parent or legal guardian.
3. Subscription
By subscribing to the Services, you gain access to workouts, recipes and other content for the duration of your subscription. We reserve the right to remove or amend any information or content from the Services at any time.
4. Billing and Payment
The subscription fee will be charged on a recurring basis according to the selected package, billing frequency and payment method specified at the time of registration. By providing your payment information, you authorise us to charge the subscription fee to your specified payment method.
If a payment is rejected, invalid or otherwise unsuccessful, your subscription may be automatically cancelled.
5. Automatic Renewal
Unless you cancel your subscription before the end of the current billing cycle, your subscription will automatically renew for the same duration. You acknowledge and agree that the subscription fee may be subject to change, and you will be notified of any such changes in advance.
6. Cancellation and Refunds
You have the right to cancel your subscription to the Services at any time. Cancellations can be requested through your account settings or by email to info@vaefit.com. Cancellation will take effect at the end of the current billing cycle, and you will continue to have access to the Services until then. No further subscription fees will be charged after the cancellation date. Please note that we do not provide pro-rated refunds for any unused portion of the subscription period.
7. Termination by VAEFIT
We reserve the right to terminate your subscription and access to the Services at any time, without prior notice, for any violation of these Terms or for any other reason we reasonably deem appropriate. Where such termination occurs, there will be no pro-rated refunds for any unused portion of the subscription period.
8. Money-Back Guarantee
If you are not satisfied with the Services, you may request a refund within one month of the date you first subscribed to the Services. To request a refund, please contact us by email to info@vaefit.com. We may require additional information to better understand your concerns and improve the Services. Once your refund request is approved, we will process the refund using the original payment method used for the subscription. Please note that the money-back guarantee applies only to new subscribers and their first subscription payment. Refunds will not be issued for subsequent subscription renewals or for any other purchases, such as consultation calls. We reserve the right to deny refund requests that do not comply with these Terms or if we reasonably suspect any misuse or abuse of the Services.
9. Free-Trial Period
During any trial period (if applicable), you will have full access to all the Services for the specified trial period. At the end of the trial period, your subscription will automatically convert to a paid subscription, and the applicable subscription fee will be charged to your designated payment method, unless you cancel your subscription before the trial period ends. By participating in the free trial, you agree to comply with these Terms. If you decide to continue using the Services after the trial period, you will be responsible for the applicable subscription fees as set out in these Terms.
10. Third-Party Service Providers
We may utilise third-party service providers to facilitate certain functions and activities related to the Services. You acknowledge and agree that we may share your personal information with a third-party service provider as required in order to provide the requested functions and activities. VAEFIT is not responsible for any issues, disruptions, or liabilities arising from their services.
11. Linked Sites
The content and materials provided as part of the Services may contain links to other websites (“Linked Sites”) which are not operated by VAEFIT. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. The Linked Sites are provided for your convenience only, and we do not endorse or accept responsibility for the products, services, or content provided by any Linked Sites. However, you acknowledge that we may receive a commission in connection with your purchase of products from Linked Sites. Your use of the Linked Sites is subject to the terms and conditions for those Linked Sites.
12. Intellectual Property
All content and materials provided as part of the Services, including but not limited to text, graphics, logos, images, videos, and software, are the property of VAEFIT, or our licensors, and are protected by applicable intellectual property laws. You may use the content and materials provided solely for your own personal use. You must not modify, reproduce, distribute, transmit, display, or create derivative works of any content or materials without our prior written consent.
13. User Conduct and Responsibility
You agree to use the Services and resources responsibly and in compliance with applicable laws and regulations. You will not engage in any activities that may disrupt or interfere with the proper functioning of the Services, or that may infringe upon the rights of others.
You are solely responsible for maintaining the confidentiality of any login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use or suspected security breach.
14. User Generated Content
VAEFIT may ask for or allow you to communicate, submit, upload, or otherwise make available text, video, images or other content (“User Generated Content”) which may be accessible and viewable by other users and the public. You agree that you will not submit any User Generated Content that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or which is otherwise reasonably considered by VAEFIT to be inappropriate in its sole discretion. We reserve the right to remove any User Generated Content, for any reason, without prior notice.
You represent and warrant that you own or have the necessary licences, rights, consents and permissions to use all trade mark, copyright and any other rights in and to any and all of the User Generated Content and you grant VAEFIT a perpetual, non-exclusive, sub-licensable and payment-free licence throughout the world to reproduce, use and exploit the User Generated Content to the full extent permitted by applicable intellectual property laws.
15. Consent to Marketing Materials
By accessing or using the Services, you consent to be added to our mailing list, where you may receive updates, promotional content, and information regarding our Services. You can unsubscribe from these communications at any time by following the instructions included in each email.
16. Informed Consent, Acknowledgement of Risks, and Medical Disclaimer
By using the Services and participating in any workouts or activities, you acknowledge and understand that physical exercise and related activities involve inherent risks and dangers. These risks may include, but are not limited to, injury, illness, or even death. It is your responsibility to ensure that you are in good health and suitable physical condition to engage in physical exercise. We highly recommend consulting with a qualified healthcare professional before starting any exercise program, especially if you have any pre-existing medical conditions, injuries, or concerns.
The Services are not intended to provide medical advice, diagnosis, or treatment. The workouts, recipes, and other content provided are for general informational purposes only. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content provided as part of the Services.
By using the Services, you voluntarily assume all risks associated with participating in any exercise, nutrition, or wellness program and release us from any liability for any injuries, damages, or losses that may occur as a result of your use of the Services or reliance on any information provided therein.
17. Results Disclaimer
The services include personal training services and guidance to help you achieve your health and fitness goals. However, we cannot guarantee specific results or outcomes. The success of your fitness journey depends on various factors, including your commitment, consistency, individual circumstances, and adherence to the program. Any testimonials or success stories shared on our website or elsewhere are not a guarantee of your individual results. The experiences and results of other individuals may differ, and your personal results may vary. We encourage you to approach your fitness journey with realistic expectations and a focus on overall health and wellbeing. Our role is to provide guidance, support, and tools to help you reach your goals, but the effort and dedication you put into your fitness journey will ultimately determine your results.
18. Limitation of Liability
Nothing in these Terms limits, excludes or modifies (or purports to limit, exclude or modify) any statutory consumer guarantees or any implied condition or warranty, the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void ("Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, VAEFIT excludes from these Terms all conditions, warranties, and terms implied by statue, general law or custom. Except for liability in relation to a Non-Excludable Guarantee, VAEFIT (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way in connection with the Services, including, without limitation, the following: (a) direct damage or loss, except to the extent directly caused by VAEFIT’s breach of these Terms or negligence; (b) , unauthorised access to or alteration of your data; and (c) indirect or consequential loss or damage, which arises out of or in connection with the supply of the Services (including the use, inability to use or the results of use of the Services).
19. Indemnity
You agree to indemnify, defend and hold harmless VAEFIT, its officers, employees and agents, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Services, publication of or distribution of any User Generated Content supplied by you, or your breach of these Terms, provided that such claims, liabilities, damages and costs are not caused, or contributed to, by a breach of these terms by VAEFIT, or the negligence of VAEFIT.
20. Modifications to these Terms
We reserve the right to modify or update these Terms at any time. We will notify you of any changes to these Terms. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms.
21. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which have jurisdiction to hear appeals from those courts.
22. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.