TERMS

FITNESS PLANS

The content of these fitness plans are written with the assistance of a qualified personal trainer. These guidelines are not formulated to suit any nutrient deficiencies, allergies or any other food-related health problems and/ or pregnancy. This also includes any other physical health problems. If you are an individual with such problems, you should consult a qualified medical specialist or a similar qualified health professional.

Any nutritional guidelines and exercise/ fitness programs contained herein are designed for general health only and are not a substitute for a qualified professional health diagnosis or treatment. This guide is not intended as medical advice and therefore cannot be used to diagnose, treat, cure or prevent any medical condition. These nutritional guidelines and fitness plans do not consider any person’s pre-existing or unknown health conditions, specific objectives, situations or requirements.

Any nutritional information and diets may not be suitable for some users (including, without limitation, users who are pregnant or breastfeeding and users with pre-existing heart and kidney conditions). These diets may not be suitable for long-term use and may result in some nutrient deficiencies. We strongly recommend that you seek advice from a qualified medical specialist both before and during the diets. Please note the diet, fitness plan or workouts may not be suitable for all. Those who are looking to body build seriously at a high level may not be suited to the plans or diets.

GYMTEL makes no guarantees or representations, express or implied, as to the currency, accuracy, completeness, reliability or suitability of the information contained or referenced. The information is subject to professional differences of opinion; human error in preparing this information; and unique differences in an individual’s situations. GYMTEL is not liable for any loss or injury (directly or indirectly) resulting from any action taken, or reliance made by you on any of the information or material contained within this guide. If you use, or otherwise rely on, any of the information within this guide, you are responsible for ensuring (by independent certification), its currency, accuracy, completeness, reliability, suitability, safety and relevance to your own personal and individual circumstances.

We strongly recommend that you obtain appropriate professional health and training advice from a qualified medical specialist both before and during your participation in these nutritional guidelines and exercise programs. Any participant using the guide and following the workout videos does so at their own risk.

Copyright, and all other Intellectual Property Right in materials contained with our product, are owned by GYMTEL. No Intellectual Property Rights or other rights within this guide are transferred to any person who acquires or uses this product.

Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in your location, you must not adapt, reproduce, publish or distribute copies of any material contained within this guide (including, but not limited to text, logos, graphics, photographs, trade marks or images) in any form (including by e-mail or other electronic means).

Use of and reliance upon the guide, and use of the GYMTEL website generally, is subject to the GYMTEL Terms of Service, the GYMTEL Refund Policy, GYMTEL Shipping and the GYMTEL Website Privacy Policy.

EQUIPMENT

GYMTEL will not be held liable for, and you will agree to indemnify us against damage or injury caused by any product sold through our online E-commerce store or in store. www.gymtel.fitness or GYMTEL, 42 Reservoir Street, Surry Hills, 2010, NSW, Australia.

If unsure, or when undertaking any new exercise, please seek the advice of qualified professionals (such as Physician) or to use. Particular care must be taken if there are any pre-existing condition, pregnant/nursing or elderly. No product descriptions, statements or uses contained here or given by anyone associated with this site, or this Company are medical opinions.

The purchaser of our goods takes full responsibility for the proper use, storage and maintenance of these goods. Please note that our products are not made for children to use. Please ensure that you do store these goods out of reach of children.

CHANGES

GYMTEL reserves the right to modify this statement at any time. Any changes to these Terms and Conditions or Terms of Service will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by GYMTEL or about our website practices, please contact us at [email protected] 

By purchasing a GYMTEL product, using the guides or following the workout videos, these terms will automatically apply to you. The term “our, ourselves, us, we” refer to GYMTEL and its associate entities which for this purpose refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves.

You should make sure therefore that you read them carefully before using our products. You’re not allowed to copy, or modify the fitness plans or videos, or our trademarks in any way. You’re not allowed to attempt to extract anything within, and you also shouldn’t try to translate the fitness plans or videos into other languages, or make derivative versions. The guides and videos themselves, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to GYMTEL 

GYMTEL is committed to ensuring that all fitness plans and workout videos are as useful and efficient as possible. For that reason, we reserve the right to make changes to the or to charge for its services, at any time and for any reason. We will never charge you for the fitness plans, videos or services without making it very clear to you exactly what you’re paying for.

It’s your responsibility to keep your phone and access to the member login for plans and videos safe. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the plans an videos won’t work properly or at all.

You should be aware that there are certain things that will not take responsibility for. Certain functions for the workout videos and fitness plans require having an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, have a slow/poor internet connection, or don’t have any of your data allowance left.

If you’re using plans and videos outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the plans or videos, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the fitness plans and workout videos, please be aware that we assume that you have received permission from the bill payer for using the fitness plans and workout videos.

Along the same lines, cannot always take responsibility for the way you use the fitness plans and workout videos i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to the Service, we cannot accept responsibility.

With respect to GYMTEL’s responsibility for your use of the fitness plans and workout videos, when you’re using the fitness plans and workout videos, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. fitness plans and workout videos accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the fitness plans and workout videos.

At some point, we may wish to update the fitness plans and workout videos. The fitness plans and workout videos are currently available through our member login – the requirements for this system (and for any additional systems we decide to extend the availability of the fitness plans and workout videos to) may change, and you’ll need to download the updates if you want to keep using the service or browser.  GYMTEL does not promise that it will always update the fitness plans and workout videos so that it is relevant to you and/or works with the iOS/ SOFTWARE version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the fitness plans and workout videos, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Privacy Policy

Please review our Privacy Policy for full terms. We will agree to manage your personal information in accordance with these terms. 

We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.

Eligibility

By downloading or using the fitness plans and workout videos you represent and warrant that you are at least 18 years old (or equivalent age of majority in your respective state or territory) and will be responsible for completing all registration information or if you are under 18 years of age you have parental consent or consent from your legal guardian to consent to these Terms and Conditions.

We reserve the right to revoke your access to our products including fitness plans, workout videos ad fitness equipment and to cease our dealings with you at any time and at our sole discretion, including the suspension or termination of your membership, if we believe that you may or will, either directly or indirectly,  bring our business, reputation, intellectual property or status into disrepute or if you use or are alleged to use any offensive, vulgar, inappropriate, disrespectful, harmful, threatening, abusive words or actions against us or any other member connected to GYMTEL.

Risk

We strongly advise that you consult with your medical practitioner before beginning the fitness plans, workout videos or using thee fitness equipment, as not all exercises are suitable for different individuals and levels of fitness. This program was built for healthy individuals.

You acknowledge that use of this GYMTEL products (including equipment, workout plans and fitness plans) can be inherently dangerous and that you may be exposed to certain risks, including personal injury, death and/or property damage as well as overexertion, over exercise, equipment failure, dehydration, serious accidents and course and weather conditions.

You will be responsible to determine if you are able to safely use the GYMTEL products (including equipment, workout plans and fitness plans).  You should immediately seek medical attention if there are any unanticipated changes to your physical condition or if you experience or suffer and discomfort or pain at any time.

By using our GYMTEL products (including equipment, workout plans and fitness plans)you accept all risks (including without limitation medical issues and physical injury) and forever releases and indemnifies to the fullest extent permitted by law GYMTEL from and against all claims, loss (including consequential loss) and/or costs (including legal costs), whether or not legal proceedings are instituted, irrespective of the means, manner and/or nature of any settlement or determination arising directly and/or indirectly out of, and/or in connection with, your use of GYMTEL products (including equipment, workout plans and fitness plans). 

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury (pre existing or otherwise).

RISK IN THE PRODUCT

The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer.

Fitness Ability

You agree and acknowledge that you are medically and physically fit and unaware of any illness, injury or any other physical disability or impairment which may cause personal injury, death and/or property damage to you.

Health Advice Disclaimer

While we are a health and fitness company, we are not a medical practitioner, or similar health/medical professional and, as such, we do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in our GYMTEL products (including equipment, workout plans and fitness plans) or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners.

While we seek professional advice where necessary for our products (including equipment, workout plans and fitness plans), we note that many professionals in the health, medical and fitness profession have varying and differing views. As such, you are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access, participate and use of GYMTEL products (including equipment, workout plans and fitness plans).

Indemnity

You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the GYMTEL products (including equipment, workout plans and fitness plans)and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

Limitation of Liability

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

This includes products purchased online or in store.

Entire Agreement

These Terms and Conditions form the entire agreement between you and us in relation to GYMTEL products (including equipment, workout plans and fitness plans) and your use of it.

Waiver

Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Advertising Release

In accepting these Terms and Conditions, you give GYMTEL, and its authorised representatives, the right and permission to use photographs and video footage of you undertaking training and activities and illustrating body transformations that you have provided to us. You grant permission to us and our authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.

Photos used within the GYMTEL products (including equipment, workout plans and fitness plans) (before and after) will not be used in marketing materials unless sent in via email, direct message or shared on social media.

Description of Product

We use our best endeavours to describe and present our products (including equipment, workout plans and fitness plans) accurately. However, we make no warranty or representation that the information provided by our suppliers in relation to the GYMTEL products (including equipment, workout plans and fitness plans) description is accurate, reliable and complete. 

Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

ORDERS

GYMTEL is not responsible to the Customer for a breach of its obligation to supply the Product or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of GYMTEL (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other “force majeure” occurrence).

PRICES & PAYMENT

Prices quoted in any order apply to that order only and do not apply in any other circumstances.

All prices include the Goods and Services Tax (GST).
The Product is payable at the time of the order.

FEEDBACK

Any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy. Please read the Privacy Policy before submitting personal information to GYMTEL). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant GYMTEL an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that GYMTEL is free to use them for any purpose.

GOVERNING LAWS & LEGALITIES

This contract is governed by the laws of Australia and the State of New South Wales notwithstanding the place in which the Product or any of them are to be delivered. The Customer and GYMTEL irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

You shall indemnify, defend and hold harmless GYMTEL, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to your use of the Website or the Content and any breach or non-compliance by you of these Terms of Use. GYMTEL reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR THE INFORMATION ON THE WEBSITE OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, GYMTEL RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. GYMTEL Fitness: ABN 96428185151

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]