Terms & Conditions

​These terms and conditions outline the rules and regulations for the use of Shape Up online workouts by Push Your Limits Personal Training.

 

Push Your Limits Online Coaching is located at:

Adelaide, South Australia

Australia

By using Shape Up you accept these terms and conditions in full.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person or business coming on board with Push Your Limits Online Coaching, and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act.
“Intellectual Property” means all intellectual property rights of whatsoever in nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for the registration thereof.
“Product” of “Service” means any deliverables by Push Your Limits Online Coaching.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

License

Unless otherwise stated, Push Your Limits Personal Training/or its licensors own the intellectual property rights for all material owned by Push Your Limits Personal Training. All intellectual property rights are reserved. You may view and/or print pages from www.pushyourlimitsptonline.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from Push Your Limits Personal Training/ Shape Up

  2. Sell, rent or sub-license material from Push Your Limits Personal Training/ Shape Up

  3. Reproduce, duplicate or copy material from Push Your Limits Personal Training/ Shape Up

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Redistribute content from Push Your Limits Personal Training/ Shape Up (unless content is specifically made for redistribution).

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

 

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site.

We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to Push Your Limits Online Coaching and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;

  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

  4. exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under any contract with you that is cause by events outside of our reasonable control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm, earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lockouts, failure of supplies of public or private telecommunications networks, power or fuel or the default of suppliers or sub-contractors. Our performance under our contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Events to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.

 

Contact

For any enquiries and ongoing communication, the “Client’s” main point of contact will be their assigned Account Manager.
Any outstanding invoices will be going through Push Your Limits Personal Trainings Accounts department.

Payments and Subscriptions

SUBSCRIPTION TERMS

Your subscription plan starts as soon as your payment is processed.  For the monthly and annual plans, your subscription will automatically renew without notice until you cancel. By accepting these terms and conditions you authorize us to store your payment method and to automatically process future payments until you choose to cancel your subscription. You will be charged the current rate of the plan at the time of the payment and will notify you of any change to the cost of the subscription. 
If a payment cannot be processed for any reason we may suspend your subscription until the payment can be completed. 
Three monthly and six monthly plans are a once off payment and will be valid for that period only. If you wish to extend or change your subscription you will need to either process another payment once the original plan has expired, or contact Shape Up Support directly. 
CANCELLATION TERMS
You can cancel your subscription at any time through your Shape Up Account, or by contacting Shape Up Support. Should you choose to cancel part way through your subscription, a refund for the remaining subscription plan time will not be given. Your subscription plan will finish on the original expiry date, and you will not be charged again. Suspension of your subscription as a result of injury or another unforeseen circumstance will be available on request.
Pre-Screening Information
On sign-up all members are required to complete the pre-screening form located in the members account section. This form notifies Push Your Limits Personal Training of any conditions that may impact your ability to participate in exercise, and to ensure that all members receive any relevant doctors clearance before starting the program. By accepting these terms and conditions all members acknowledge that they are in an adequate physical condition to participate in the program, and that Shape Up Home Workouts and Push Your Limits Personal Training takes no responsibility in any injury that may occur when completing this program.
Sale on 1 Year Subscriptions
10% off sale on the yearly subscription is valid until the 31st of May 2020. The discount of 10% makes the sale price $324 for a 12 month subscription to Shape Up program. The normal cost of the Shape Up program is $360 for 12 months.