Last updated on 12 September 2024

ATHLETIC PERFORMANCE MATTERS

TERMS OF USE

Welcome to Athletic Performance Matters! We sell online exercise programs (Exercise Programs).

In these terms, we also refer to Athletic Performance Matters (our company name being Good Future Investments Pty Ltd (ABN 95 650 684 165)) as “our”, “we, or “us”.

What are these terms about?

These terms apply when you:

• use this website, being https://athleticperformancematters.com.au/ and any other websites we operate with the same domain name and a different extension (Website);

• buy an Exercise Program through this Website or alternatively, directly through a third party provider (Buy);

• sign up to a monthly subscription through this Website; or

• use, access or participate (Use) in an Exercise Program.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://athleticperformancematters.com.au/privacy-policy.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• Part A: Terms for when you Buy or Use an Exercise Program (applies when you Buy or Use)

• Part B: Terms for when you browse and interact with this Website (applies when you browse)

• Part C: Liability and warranties, and interpretation provisions (applies to Buying, Using and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website, or Buy or Use an Exercise Program unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you Buy or Use an Exercise Program, the terms of Part A and Part C of these terms will apply. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or Buy or Use an Exercise Program. You can check the date at the top of this page to see when we last updated these terms.

Part A When You Buy or Use an Exercise Program

DISCLAIMER

Before you Buy or Use an Exercise Program, please make sure you and anyone participating in the Exercise Program (Participants) reads and understands the below.

(a) Risk of injury – An Exercise Program will contain instructions on health and fitness activities. Participating in an Exercise Program involves the potential for injury and any Participants participate in the Exercise Program at their own risk with knowledge of the dangers involved, including, physical injury, soft tissue strains, illness, bruising, falls, injury through equipment failure, aggravation of a pre-existing medical condition, broken bones and dislocations, and death.

Participants are also at greater risk of suffering an injury:

• when the exercise involves loaded activities (including weights, barbells, and dumbbells);

• when Participants train alone or at high intensity;

• if Participants significantly increase or decrease the amount of training they do;

• as a result of:

o tripping or falling over equipment;

o not using equipment correctly (including not adopting the correct safety measures); or

o dropping equipment on themselves.

We cannot guarantee that Participants won’t be injured and (to the maximum extent permitted by law) we will not be liable for any loss or injury you suffer in connection with participation in an Exercise Program.

If you do not feel capable of managing these risks, you should not proceed with Buying or Use the Exercise Program and should seek the assistance of an appropriately trained professional.

(b) Results not guaranteed – We cannot guarantee that an Exercise Program will enable Participants to achieve any particular health or fitness outcomes or results, and you accept and understand that results differ for each individual. The more effort Participants put in and the closer they follow the Exercise Program, the better their results will be but everyone is an individual and results may vary. You are responsible for compliance with an Exercise Program. If you do not, we will not be responsible or liable for any issues including you meeting your goals.

(c) Third party coaches – Some Exercise Programs may be written by third party coaches, and you acknowledge and agree that we are not responsible for examining or evaluating the content or accuracy of these third party Exercise Programs and we do not warrant and, to the maximum extent permitted by law, are not liable or responsible for any inaccuracies or errors in third party Exercise Programs.

(d) Not medical advice – An Exercise Program is designed for educational purposes only and you should not rely on an Exercise Program as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional due to information in an Exercise Program. By not seeking appropriate medical advice, you accept the risk that the information contained in an Exercise Program may not meet your specific needs, circumstances or goals.

(e) Age restrictions – certain Exercise Programs may be designed for Participants over a minimum age. If this is the case, this will be advised in the Exercise Program. You will, and will ensure that Participants, do not participate in the Exercise Program if they do not meet the required minimum age set out in the Exercise Program.

You may find that Participants following an Exercise Program may experience some level of discomfort or pain. It is normal to feel muscle soreness from exercise. A small level of discomfort and pain is normal in any exercise and fitness program. However, if the Participant experience sharp stabbing pain, pain the next day or anything out of the ordinary that you are concerned about, or if you think you may have suffered an injury, please seek medical advice or contact 000 (or the relevant emergency contact number in your country) in case of emergency.

This disclaimer applies to both paid Exercise Programs and any free online content, exercise programs, or materials provided by us.

1 PURCHASING OR USING IN AN EXERCISE PROGRAM

(a) By Buying or Using an Exercise Program, you are agreeing to enter into a contract with us, where we will provide you with an Exercise Program in exchange for payment of the total amount displayed when Buying or Using an Exercise Program.

(b) By Buying or Using an Exercise Program, you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you used to pay for the Exercise Program.

(c) If you are under 18 years old, please ensure that before Buying or Using an Exercise Program or browsing this Website that your parent or guardian understands and accepts these Terms and our Privacy Policy.

(d) Buying or Using an Exercise Program constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Exercise Program in exchange for your payment of the total amount displayed when Buying or Using the Exercise Program.

2 EXERCISE PROGRAMS PROVIDED BY THIRD PARTY

(a) Some Exercise Programs are provided using a third party platform and therefore are subject to their terms of use (Third Party Platform Terms of Use).

(b) You acknowledge and agree that you will only be provided access to the Exercise Program for a limited period of time in accordance with Third Party Platform Terms of Use. All other terms relating to the provision of the Exercise Program will be determined by the Third Party Provider in their absolute discretion and, to the maximum extent permitted by law, we will not be liable for any loss, damage or inconvenience that you suffer as a result of your inability to access the Exercise Program.

(c) Our Website contains links to the Third Party Provider that are not our responsibility. We have no control over the content of the Third Party Provider, and we do not represent, warrant or guarantee that:

(i) the Third Party Provider will be accessible at all times;

(ii) the Third Party Provider will be free from errors or defects;

(iii) the information you receive or supply through the Third Party Provider will be secure or confidential; or

(iv) any information provided on the Third Party Provider, including in the Exercise Program, is accurate or true.

(d) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of the Third Party Provider, including relating to any fault or error on the Third Party Provider or an Exercise Program or any issues experienced in Buying or Using an Exercise Program.

3 THIRD PARTY ACCOUNT

(a) To Buy or Use an Exercise Program provided through the Third Party Provider, you will be required to sign-up or register an account through the Third Party Provider (Account).

(b) As part of the Account registration process and as part of your continued use of the Third Party Provider, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by the Third Party Provider from time to time.

(c) You warrant that any information you give to the Third Party Provider in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) Once you complete the Account registration process, the Third Party Provider may, in their absolute discretion, choose to accept you as a registered user within the Third Party Provider and provide you with an Account.

(e) The Third Party Provider may, in their absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms or the the Third Party Provider Terms of Use.

4 THE EXERCISE PROGRAMS

(a) Depending on the Exercise Program purchased, it is designed to provide you with either a sports specific exercise program relating to a particular sport or activity, or a general exercise program to improve fitness and/or strength.

(b) We will endeavour to ensure that the Exercise Program provided will be substantially the same as the Exercise Program displayed on our Website and/or the Third Party Provider.

(c) The Exercise Programs can be accessed either via our Website or through the Third Party Provider. If you access the Exercise Program through our Website, we will email you a direct link to access the Exercise Program. The link will expire following the expiry period notified to you in the email or, if no expiry date is specified, within 1 month of the email.

(d) Once you have paid the Fees you will be granted access to the Exercise Program.

(e) You are responsible for ensuring that you only access and engage with the Online Program in an appropriate manner.

5 PAYMENT AND REFUNDS

(a) Unless otherwise agreed in writing, you must pay the Fees in full at the time of purchasing the Exercise Program.

(b) For Exercise Programs purchased through the Third Party Provider, payments will be made directly to the Third Party Provider through their website and will be subject to Third Party Platform Terms of Use. The Third Party Provider will then remit a proportion of the Fees to us. Any questions or issues with making payment for the Exercise Program through the Third Party Provider, including refunds, should be directed to the Third Party Provider. We will not be liable for any loss or damage suffered as a result of or in connection with issues regarding payment, including pricing errors or inaccuracies.

(c) For Exercise Programs purchased directly through the Website, payment will be made directly through the Website.

(d) To the extent that payment for any goods or services are made directly to us, the following applies:

(i) All Fees are:

(A) as displayed and accepted by you at the time of purchase (Fees);

(B) in Australian Dollars; and

(C) subject to change without notice.

(ii) (Refunds) We do not offer change of mind refunds.

(iii) (Payment obligations) You must pay the Fees in full at the time of purchasing the Exercise Program.

(iv) (GST) Unless otherwise indicated, amounts stated on our Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

(v) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(vi) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment for Exercise Programs. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(vii) (Pricing errors) In the event that we discover an error or inaccuracy in the price for an Exercise Program, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Exercise Program at the correct price, or cancelling your purchase. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6 MONTHLY SUBSCRIPTIONS

(a) You may purchase Exercise Programs via a monthly subscription as set out on the Website (Subscription). Details and prices for Subscriptions will be set out on the Website,

(b) (Automatic Renewal) Our Subscriptions automatically renew on an ongoing monthly basis until you notify us that you would like to cancel your Subscription.

(c) (Cancellation) You may cancel your Subscription at any time through the management URL emailed to you at the time you subscribed to the Subscription. If you cancel your Subscription, your Subscription will end in the then current billing cycle, and you will be charged for that billing cycle. Once the then current billing cycles ends, we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data beyond that point.

(d) (Direct Debit) If you pay for your Subscription using direct debit (DD), you:

(i) authorise direct debit in line with our Payment Provider’s separate DD authorisation form and any DD Agreement as applicable;

(ii) agree to enter into any DD Agreement required by our Payment Provider;

(iii) authorise us to charge your bank account or credit card in advance in line with any DD authorisation form and any DD agreement;

(iv) must ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable; and

(v) acknowledge and agree that there may be additional payments required from the Payment Provider if you miss of fail to make any payment. Those terms are separate and in addition to these terms.

7 DISCOUNT CODES

(a) From time to time, we may provide promotional offers and codes offering a discount on Exercise Programs (Discount Code). To use a Discount Code, you will need to enter the Discount Code at the time of purchase.

(b) You agree that Discount Codes cannot be applied retrospectively to an Order. Discount Codes are non-transferable and cannot be redeemed for cash or credit.

(c) A Discount Code may be subject to additional terms or conditions, and we recommend you check the terms of any promotion.

(d) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.

8 COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Exercise Programs, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

Part B When You Browse This Website

9 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

10 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;

(b) use the Website for any purpose other than the purposes of browsing, selecting or buying the Exercise Program;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

11 INFORMATION ONLINE

11.1 GENERAL

(a) While we make every effort to ensure that the information on the Website, our social media channels and emails (Online Platforms) are as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) Online Platforms will be free from errors or defects (or both, as the case may be);

(ii) Online Platforms will be accessible at all times;

(iii) messages sent through Online Platforms will be delivered promptly, or delivered at all;

(iv) information you receive or supply through Online Platforms will be secure or confidential; and

(v) any information provided through Online Platforms are accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including prices and other Website Content.

11.2 ONLINE CONTENT

(a) Our Online Platforms may contain published articles , blogs, infographics, text, images, videos, podcasts, webinars and other content (Online Content) which may contain, among other things, information relating to health and fitness activities and how to improve athletic performance.

(b) (Risk of injury) Participation in health and fitness activities contained within the Online Content may result in injury, including, physical injury, soft tissue strains, illness, bruising, falls, injury through equipment failure, aggravation of a pre-existing medical condition, broken bones and dislocations, and death. We will not be responsible or liable for any injuries that occur as a result of participation in exercise or fitness activities contained within the Online Content.

(c) (Results not guaranteed) We cannot guarantee that information within the Online Content will enable you to achieve any particular health or fitness outcomes or results, and you accept and understand that results differ for each individual.

(d) (Third party contributors) Some of the Online Content may be created, delivered or contributed to by third party contributors (Third Party Content). We are not responsible for examining or evaluating the content or accuracy of any Third Party Content and we do not warrant and, to the maximum extent permitted by law, are not liable or responsible for any inaccuracies or errors in Third Party Content.

(e) (Not medical advice) The Online Content has been designed for educational purposes only and you should not rely on these as a substitute for, nor do they replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional due to information in Online Content. By not seeking appropriate medical advice, you accept the risk that the information contained in the Online Content may not meet your specific needs, circumstances or goals.

11.3 PROMOTION ON SOCIAL MEDIA

When promoting or sharing any content, including but not limited to Online Content, Exercise Programs, or any other material on our social media channels (including Facebook, Instagram, Twitter, and any other social media platforms), you acknowledge and agree that:

(a) all content shared on social media is subject to these Terms of Use and our Privacy Policy;

(b) we reserve the right to reference these Terms of Use on our social media channels to ensure compliance and to protect our rights where we provide content free of charge; and

(c) by interacting with our content on social media, you agree to be bound by these Terms of Use, including all disclaimers and limitations of liability.

12 THIRD PARTY TERMS AND CONDITIONS

(a) You acknowledge and agree that third party terms & conditions (including Third Party Platform Terms of Use) (Third Party Terms) may apply.

(b) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

13 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility (including the Third Party Provider on which the Exercise Programs may be hosted). We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

14 THIRD PARTY PLATFORM

(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

15 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website or the Third Party Provider. You should take your own precautions to ensure that the process that you employ for accessing the Website or the Third Party Provider does not expose you to risk of viruses, malicious computer code or other forms of interference.

16 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C Liability And Other Legal Terms

17 INTELLECTUAL PROPERTY

(a) We retain all intellectual property rights in the Exercise Programs, the Website and materials on the Website (Our Content), or those rights are owned by a third party. We reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.

(b) You must not attempt to copy, reproduce, adapt, distribute, sell, modify, publish or otherwise commercialise Our Content.

(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

18 LIABILITY AND INDEMNITY

18.1 LIABILITY

(a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $50 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, the Third Party Provider, these terms or any goods or services (including an Exercise Program) provided by us.

(b) All express or implied representations and warranties in relation to any goods or services we provide are, to the maximum extent permitted by applicable law, excluded.

(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.

18.2 INDEMNITY

You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

(a) breach of any of these terms;

(b) use of the Website; or

(c) use of any goods or services provided by us, including use of or participation in an Exercise Program.

18.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any goods or services (including an Exercise Program) provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

18.4 LIABILITY FOR FREE ONLINE PROGRAMS

To the maximum extent permitted by applicable law, we exclude all liability for any loss, damage, or injury arising from the use of any free online programs, materials, or content provided by us (Free Content). You acknowledge and agree that:

(a) The Free Content is provided on an "as is" basis without warranties of any kind, whether express or implied.

(b) Any participation in the Free Content, including but not limited to exercise or fitness programs, is undertaken at your own risk.

(c) We will not be liable for any injury, loss, or damage arising from the use of, or reliance on, any Free Content provided by us, including content shared on our Website, social media channels, or any other online platforms.

19 GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

19.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

19.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

19.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

19.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or “dollar”, is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

20 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, (in our case) to support@athleticperformancematters.com.au and (in your case) to the email address associated with your Account or if you do not have an account, as provided by you (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.