PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this online program or any of our support communities or communications you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to In and Out Fitness Organisation, Fitness Operations Pty Ltd and survivetothrivenation.com. “You” and “Your” refers to a user of this program including any parent or guardian of any minor or other person lacking the capacity to accept these terms and conditions on their own behalf.
If you do not agree with any of these terms, do not use the content on this website.
If you are feeling suicidal, require urgent medical attention or support, or are at risk of harming yourself or anyone else, seek immediate professional help. Qualified healthcare professional organisations include Lifeline Australia (if you live in Australia) or an alternate crisis centre with the same specialty in your local area. * A list of Emergency Contacts that may be of help to you can be found on our website.
If you are in any doubt regarding the selection or appropriateness of any therapy, concept or idea described on our website including those contained within the online Survive-to-Thrive self-help course, you must immediately seek specific advice from a qualified healthcare professional.
AMENDMENTS OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our program then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and In and Out Fitness Organisation’s rights and obligations to each other.
PERMITTED USE (Reference: Post War Survive to Thrive self- help course)
Subject to filling in the registration form you may use the online Post War Survive to Thrive self- help program for your personal and non-commercial use.
You must ensure that the online program is protected from unauthorised access by third parties at all times.
You may not transfer your rights to use the online program.
You may not, in any form or by any means:
(1)Copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivative works from any part of the online program or its contents.
(2) Cause any part of the online program to be framed or embedded in another online program
(3) Commercialise any content, products or services in the online program, or:
(4) Distribute any portion of the online program to any third party or make the online program available to any third party in any way other than in a manner specifically authorised under these terms.
LIMITATION OF LIABILITY
It is an essential pre-condition that you agree and accept that In and Out Fitness Organisation is not legally responsible for any loss or damage you might suffer related to your use of the Post War Survive to Thrive program whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), In and Out Fitness Organisation’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Access to your course will be delivered within 48 days. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
If you purchase an online program through this website you will be protected by the Australian Consumer Protection legislation. You will have a 7 days cooling off period in which you need to inspect the course and ensure that it is what you believed it to be upon purchase.
*Please be reminded that the Post War Survive-to-Thrive online course is a self- help course designed to give you a strategy to manage your PTSD symptoms in conjunction with professional help.
Should you find that the course is not what you expected it to be, you will need to request a refund within your cooling off period. Requests for refunds after the cooling off period will not be approved.
To the fullest extent permitted by law, we make no guarantee that the services or information we provide:
- Are suitable for your needs
- Are error free
- Can be used without interruption or will be timely
- Will be accurate, effective, reliable or complete: or
- Are free of viruses, worms, bugs or similar components or is secure
At all times you should consult a qualified healthcare professional.
In and Out Fitness Organisation is committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and we adhere to the Australian Privacy Principles.
You may update your details at any time by emailing firstname.lastname@example.org to ensure you maintain uninterrupted access to all aspects of the program. All information we receive from our customers, is protected by our secure servers. The secure server software we use encrypts all customer information before it is sent to us. Furthermore, the entire customer data In and Out Fitness Organisation collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
PRIVACY AND DISCLOSURE
In and Out Fitness Organisation does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.
In and Out Fitness Organisation may be required, in certain circumstances, to disclose information in good faith and where survivetothrivenation.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of In and Out Fitness Organisation. In and Out Fitness Organisation expressly excludes and does not permit you to use or access our website, to download any documents or information from the website itself or to obtain any such documents or information through a third party . If you breach this term then In and Out Fitness Organisation will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. In and Out Fitness Organisation reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, online Post War Survive to Thrive program and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
In and Out Fitness Organisation expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
EDUCATION OR LIFECOACHING
By using our services, you agree that In and Out Fitness Organisation is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold In and Out Fitness Organisation liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided through survivetothrivenation.com and the Post War Survive to Thrive program.
All our information on both the website and in our Post War Survive- to- Thrive program is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and In and Out Fitness Organisation takes no responsibility for your actions, choices or decisions.
This agreement and this website are subject to the laws of Qld and Australia. If there is a dispute between you and In and Out Fitness Organisation that results in litigation then you must submit to the jurisdiction of the courts of Qld.
These terms and conditions represent the whole agreement between you and survivetothrivenation.com concerning your use and access to In and Out Fitness Organisation’s program and website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.