Terms and Conditions
TERMS AND CONDITIONS
www.trainwithfaithfitness.com
Effective date: 1st June 2023
1. Introduction and Acceptance of Terms
Welcome to "Train with Faith Fitness". Our services are provided and controlled by Train with Faith Fitness ("we", "us", or "our"), operating in Griffith, New South Wales, Australia. We offer an
array of fitness products and services, including personal training, group classes like Bootcamp,
HIIT and Boxing. We hold fitness challenges and offer a wide range of programs. We have a
wide range of merchandise like Clothing and Gym Accessories and Promotional Items.
Our services are accessible through our website, www.trainwithfaithfitness.com, and our mobile
application ("Fit by Wix by code"). By accessing or using our services ("Services"), you ("you",
"your", or "User") agree to be bound by these Terms and Conditions ("Terms").
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE
TERMS, WE KINDLY ASK THAT YOU REFRAIN FROM USING OUR SERVICES.
2. Definitions
"Content" refers to all information, data, text, graphics, images, music, software, audio, video,
works of authorship, and other materials that are uploaded, transmitted, posted, generated,
stored, or otherwise made available through the Services, by us or our partners, sponsors, or
affiliates.
"Services" encompasses all services offered via our website and App, including personal
training, group classes, fitness tracking, wellness education, fitness challenges, Programs, and
sales of merchandise.
"User" denotes a person who has registered for an account to access or use the Services.
3. Eligibility and User Obligations
To utilize our Services, you must be at least 18 years of age or written Permission by Parent or
Guardian, or the legal age of majority in your jurisdiction, and have the capacity to enter legally
binding contracts.
By accessing or using the Services, you affirm that you are of legal age to form a binding
contract and meet all the eligibility requirements in these Terms.
As a User, you agree to comply with all laws, rules, and regulations applicable to your use of the
Services and Content. You further agree not to infringe upon our rights or the rights of others,
and you bear sole responsibility for any breach of your obligations under the Terms and the
consequences thereof.
4. Risk Warning
You acknowledge that the use of the services and/or products provided by Train with Faith
Fitness involve inherent risks and dangers of accidents, physical injury, illness, disease, or
death. These may result from your own actions, or inactions, those of others, or conditions
relating to the conduct of the activity.
There may also be other risks and financial loss, property damage, or other losses not known to
you or not readily foreseeable at this time ("Risks"). You understand and appreciate these
Risks.
By using our services and products, you expressly assume these Risks, whether or not they are
caused or alleged to be caused in whole or in part by the negligence of Train with Faith Fitness.
You acknowledge and agree that it is your responsibility to ensure your own safety whilst using
our services and products. This includes engaging in activities or programs that are within your
physical and mental health limits and where necessary, seeking appropriate medical advice
before participation.
It's important to note that if any of our fitness activities or other products are used incorrectly or
without proper supervision, they can potentially lead to physical or emotional harm. It is your
responsibility to follow instructions, utilize any safety equipment provided, and to conduct
yourself in a safe manner.
I agree to letting Train with Faith Fitness know about any Injury or Medical condition I have or
might have before exercising to Reduce risk of injury. Before using our website/app or any of
our services You agree to give us all relevant personal health and fitness information both
before and during the course of any exercise program, activity, or service. You also agree to
complete our Pre-Exercise Questionnaire upon our request and before Participating in exercise.
You agree that you are advised to seek medical guidance before exercising. You acknowledge
that pre-exercise or other screening is no substitute for medical advice and does not guarantee
against injury or death. You will seek Advice and Guidance if needed by Train with Faith Fitness
with any need if unsure about anything.
This risk warning does not absolve Train with Faith Fitness of any responsibilities under the
provisions of the Australian Consumer Law.
5. Account Registration and Security
To access our Services, you must register for an account. You agree to provide accurate,
current, and complete information about yourself during the registration process and maintain
and promptly update this data to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and password and are
fully accountable for all activities that occur under your account. You agree to (a) immediately
notify us of any unauthorized use of your account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
6. Conduct
By using our Services, you agree not to misuse the Services or help anyone else to do so. You
agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any
computer or server used to offer or support the Services or (b) the enjoyment of the Services by
any other user or person.
7. Payment Terms
Certain features and content of the Services may require payment. You agree to pay all fees,
charges, and applicable taxes incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred.
Payments are accepted via credit card, debit card, or Afterpay. You affirm that you are the valid
owner, or an authorized user of the credit or debit card used for payment, and that all necessary
consents for the deduction of such charges have been obtained.
All orders and provision of Services are subject to receipt of payment by us. We reserve the
right at any time to change our prices and billing methods, and we will provide timely notice of
any such changes.
Payments are Direct payments or Auto Payments Depending on Purchase or subscription.
I Agree that all owing balances that I make or subscribe to must be paid.
Late Payments can have additional fee because of not paying on time.
8. Currency
All prices listed are in AUD (Australian Dollars). Please note that the currency will default to
AUD, so if you are purchasing from a country using a different currency, be mindful to convert
accordingly. The actual charges may vary due to the currency exchange rates at the time of
purchase.
9. Changes to the Services and Prices
Prices for our products and services are subject to change without notice. We reserve the right
at any time to modify or discontinue the Services (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension,
or discontinuance of the Services. On either Merchandise, Programs, Memberships, Personal
Training, or other services we might have.
10. Orders and Shipping
When you place an order through our website or App, we will send you a notification confirming
receipt of your order. This does not constitute acceptance of your order, as we must verify
product availability and confirm payment. A contract between you and us will only be formed
when we send you confirmation that your order has been Approved, packed, and shipped.
Please refer to our Shipping, Refunds and Returns Policy for more information.
11. Refunds and Cancellation
You have the right to cancel your order prior to shipment. To cancel an order, please contact us
at damien@trainwithfaithfitness.com. If your order has already been shipped, Please note
that customers are responsible for the shipping costs of returning the item. To initiate a return,
please contact us at damien@trainwithfaithfitness.com with your order number and details
about the product you would like to return. Please refer to our Shipping, Refunds and Returns
Policy for more information.
We strive for complete customer satisfaction. If you are dissatisfied with a product purchased
through our Services, please contact us. Depending on the circumstances, we may, in our sole
discretion, refund the purchase price, provide you with credit, or replace the product.
We only offer refunds for merchandise if the item is broken, ripped, or the wrong size. If Parcel
is lost in shipping, it might not be covered.
12. Cancellation/Suspension of Membership
Memberships can be Cancelled or Suspended (Put on hold) any time. Contact us at
damien@trainwithfaithfitness.com with an email and why you needed to cancel or suspend
your memberships and we will respond quickly with instructions on what actions to take next.
13. Health & Fitness Disclaimer
The Train with Faith Fitness Site/App is intended for use only for healthy adults. You should
consult your doctor before starting any fitness or exercise program or changing your diet,
particularly if you are pregnant, nursing, regularly taking medications, or have any existing
health conditions. The Site/App is not intended to offer or replace professional medical advice.
Train With Faith Fitness is not responsible for any health problems that may result from training
programs, products, services, advice, videos, descriptions, classes, personal training, or events
you learn about through the Site/App. If you engage in any exercise program you receive
through the Site/App, you agree that you do so at your own risk and are voluntarily participating
in these activities.
14. Intellectual Property Rights
Unless otherwise stated, we own all rights, title, and interest in and to the Services and all
related intellectual property rights, including, without limitation, registered and unregistered
trademarks, logos, copyright, and patents ("Our Intellectual Property").
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services,
or access to the Services or any content on the website, without express written permission
from us. Violation of this policy may result in legal action.
15. Content
You are responsible for all Content you upload, post, email, transmit, or otherwise make
available through the Services. You agree not to upload, post, email, transmit, or otherwise
make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable.
We reserve the right, but are not obligated, to review and remove any User Content that, in our
sole judgment, violates these Terms, violates applicable laws, rules, or regulations, is abusive,
disruptive, offensive, harmful, or violates any third-party rights or threatens the safety of others.
16. Liability Limitations
To the extent permitted by law, we, including our directors, partners, employees, contractors,
shall not be liable for any loss or damage, direct or indirect, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from (I) your access to or use of
or inability to access or use the services; (ii) any conduct or content of any third party on the
services; (iii) any content obtained from the services; and (iv) unauthorized access, use or
alteration of your transmissions or content.
17. Product care
How should I wash my shirt?
We recommend turning the T-shirt inside out before washing it on machine wash cold. Use non-chlorine bleach and do not tumble dry. And while you can iron the shirt itself, we strongly
recommend that you do not iron the area with your printed design.
Care Instructions: Machine wash at 40° C. Do not bleach, tumble dry or dry clean. Don’t stretch
or pull. Treat merch and items with care.
18. Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to use
the Services, and to block or prevent future access to and use of the Services for any reason. If
you fail to comply with any provision of these Terms, or we suspect any illegal, fraudulent, or
abusive activity, your permission to use the Services may be terminated.
We will not be liable to you or any third party for any modification, suspension, or
discontinuation of the Services, or any loss of related information.
19. Communications and Notices
For contractual purposes, you consent to receive communications from us electronically and
agree that all notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
Any notice or other communication given under or in connection with these Terms shall be in
writing and shall be sent by email to damien@trainwithfaithfitness.com. Notices will be
deemed received and correctly addressed 24 hours after an email is sent, unless we receive
notification that the email address is invalid.
20. Customer Service Contact
If you have any questions or concerns about your order or the products we offer, please don't
hesitate to contact us at damien@trainwithfaithfitness.com. Our customer service team is
committed to addressing your needs and resolving any issues you may have with our services
or products.
21. Advertising/Sponsor
Advertising/Sponsor can be done on Website. Sponsorship is paid monthly and can be
cancelled anytime and can only be for businesses or others that are not capable of taking
clients from our site. For more information, please contact us at
damien@trainwithfaithfitness.com.
22. Liability
To the maximum extent permitted by law, Train with Faith Fitness, including its directors,
employees, agents, or other representatives, will not be liable for any damages of any kind,
including without limitation direct, indirect, compensatory, special, incidental, punitive, and
consequential damages related to the use or inability to use our website, app, products, or
services.
23. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. It's your responsibility to
check periodically for any changes. Your continued use of the Site and Services following the
posting of changes will mean that you accept and agree to the changes.
24. Notices
Any notices or other communications permitted or required hereunder, including those regarding
modifications to these Terms, will be in writing and given by us (I) via email (in each case to the
address that you provide) or (ii) by posting to the Site or via the Application. For notices made
by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
25. Third-Party Rights
Certain provisions of these Terms may be used for the benefit of our third-party service
providers, partners, and affiliates, and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
26. Force Majeure
In the event of a force majeure event, Train with Faith Fitness shall not be considered to be in
breach or default of its obligations under these Terms. Force majeure events include but are not
limited to natural disasters, wars, strikes, epidemics, pandemics, government regulations, and
any other situations that are beyond the reasonable control of Train with Faith Fitness.
27. Dispute Resolution & Arbitration
Any disputes arising out of these Terms, your access to the Site/App, or your relationship with
Train with Faith Fitness will initially be resolved through direct negotiation between the parties. If
the dispute cannot be resolved by negotiation, it will then be resolved through binding arbitration
in accordance with the rules of the Australian Centre for International Commercial Arbitration.
28. Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to its
conflict of law principles. You agree to submit to the personal jurisdiction of a court of competent
jurisdiction located in New South Wales, Australia for any actions for which we retain the right to
seek injunctive or other equitable relief in a court of competent jurisdiction.
29. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such
term or any other term, and Train with Faith Fitness's failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or provision.
30. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be modified to reflect the parties' intention
or eliminated to the minimum extent such that the remaining provisions of the Terms will
continue in full force and effect.
31. Scam
Scams, fraudulent or deceptive behavior are strictly prohibited on Train with Faith Fitness. If we
detect such activity, we may take any necessary action to prevent it, including but not limited to,
removing the user from our platform, and informing the relevant authorities. Users are
encouraged to report any suspicious activities to us at damien@trainwithfaithfitness.com.
Payments and information are always made through our website/app or by a Custom quote or
email sent by damien@trainwithfaithfitness.com.
32. Contact Us:
If you have any questions or comments about these Terms of Service, or wish to make a
complaint or report a breach of these Terms, please contact us at:
Train With Faith Fitness
Parcel Collect 10215 23007
245 Banna Avenue
Griffith, New South Wales, Australia
Email: damien@trainwithfaithfitness.com
We will attempt to respond to your questions or concerns promptly after we receive them. We
value your feedback and will endeavor to respond to your need in a timely manner to ensure
your satisfaction.