Terms & Conditions

1.Website Terms and Conditions of Use

1.1 Welcome to https://ecoathleteforlife.com/ (the ‘Website‘). The Website provides coaching for athletics services (the ‘Services‘) through the design and provision of personalised training programs (‘Program’).

1.2 The Website is operated by Kathryn Marie Proctor trading as Eco Athlete For Life ABN 80 702 868 434 (‘Eco Athlete for Life, us, our). Access to and use of the Website, or any of its associated Products or Services, is provided by Eco Athlete For Life. Please read these terms and conditions (the ‘Terms‘) carefully.

1.3 Eco Athlete For Life reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Eco Athlete For Life updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication, and your continued use of the Website and the Services, or purchase of goods and services from Eco Athlete for Life after posting of the amended terms will indicate your acceptance of the amended terms.

1.4 Before you continue, we recommend you keep a copy of the Terms for your records.

2.Acceptance of the Terms

2.1 By registering an Account with us, or using or accessing the Services and Website you will be acknowledging and agreeing that you:

a) have read and understood these Terms and agree to be bound by them;

b) consent to the use of your personal information for the purposes set out in these terms and use of the Services and Website generally; and

c) consent to receiving communications from us as outlined in paragraph 8 of these terms.

3. Registration to use the Services

3.1 In order to access the Services, you must first register for an account through the Website (the ‘Account‘).

3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

a) email address;

b) mailing address; and

c) telephone number.

3.3 You warrant that any information you give to Eco Athlete For Life in the course of completing the registration process will always be accurate, correct and up to date

3.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.

3.5 You must be at least 18 years old in order to use the Services or register an Account.

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

a) you will use the Services only for purposes that are permitted by:

i) the Terms; and

ii) any applicable laws;

b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Eco Athlete For Life of any unauthorised use of your password or email address or any breach of security of which you have become aware;

d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Eco Athlete For Life providing the Services;

e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Eco Athlete For Life;

f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Eco Athlete For Life for any illegal or unauthorised use of the Website; and

h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4.2 The Services offer participation in private e-community, chat threads or other social media forums. You agree that at all times when participating in such forums or when posting about Eco Athlete for Life on any social media platform you will:

a) treat other customers and Eco Athlete For Life (and its staff and contractors) with dignity, support and respect;

b) not display or engage in activity that facilitates illegal activity;

c) not post, publish, distribute or display sexually explicit images or words;

d) not promote violence; and

e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.

4.3 Eco Athlete For Life reserves the right, in its absolute discretion, to remove any social media content and any information posted on any website or social media forum which Eco Athlete For Life considers breaches the rules set out in this agreement.

4.4 You are responsible for obtaining and maintaining the data network access to use the Website and Services. You are also responsible for updating your devices to enable use of the Website and Services and any updates to the Website and Services.

4.5 You are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking the Program.

4.6 You represent and warrant to Eco Athlete for Life that:

a) you are 18 years old or over;

b) you have sought and obtained advice from your medical practitioner before commencing any Program;

c) all information and documentation provided to Eco Athlete for Life from time to time is true and accurate and not misleading in any respect;

d) you will exercise in a place which is safe and suitable for the Program; and

e) you will abide by these Terms at all times.

5. Eco Athlete For Life’s Obligations

5.1 Eco Athlete for Life will use reasonable care to design a Program that is suitable for you.

5.2 Eco Athlete for Life will provide the coaching, advice and support to help you participate in the Program designed for you in using the Services.

6. Payment

6.1 You must pay the applicable fee for the Program (‘Services Fee’) at the time of purchase on the Website, or in installments as advised by Eco Athlete for Life.

6.2 All payments made in the course of your use of the Services must be made using PayPal, Stripe, or any other payment facility provided by Eco Athlete for Life. In using the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal or Stripe terms and conditions which are available on their websites.

6.3 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

6.4 You agree and acknowledge that Eco Athlete For Life can vary the Services Fee at any time, which will be advised to you and effective when you purchase a new Program.

7. Copyright and Intellectual Property

7.1 The Website, the Services and all of the related products of Eco Athlete For Life are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Eco Athlete For Life or its

7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Eco Athlete For Life, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

a) use the Website pursuant to the Terms;

b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

c) print pages from the Website for your own personal and non-commercial use.

7.3 Eco Athlete For Life does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Eco Athlete For

7.4 Eco Athlete For Life retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

a) Eco Athlete For Life , trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

b) a right to use or exploit a Eco Athlete For Life , trading name, domain name, trade mark or industrial design, or

c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or  process), to you.

7.5 You may not, without the prior written permission of Eco Athlete For Life and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public

8. Privacy

8.1 Eco Athlete For Life takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Eco Athlete For Life’s Privacy Policy, which is available on the Website.

8.2 You are responsible for telling Eco Athlete For Life promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to Eco Athlete For Life. This includes any matters that affect the health or safety of you or others.

8.3 Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and Services.

8.4 If we are required by law or if necessary for debt collection reasons, your personal information may be disclosed to a third party.

8.5 Eco Athlete For Life conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Eco Athlete For Life goods and services and conducting its business (‘Purposes’). By registering an Account, you consent to the disclosure of their personal information for the Purposes including to overseas recipients. Overseas recipients may include entities providing services to us (including computer servers) based worldwide.

8.6 We may use SMS and/or email to communicate with you. From time to time, we may send you information about Eco Athlete For Life by post, email, telephone call or SMS.

8.7 We may need to contact you to:

a) administer accounts and process payments;

b) communicate with you regarding any issues affecting your registration on a Program or use of the APPs;

c) provide information on services and benefits available to you through the APPs;

d) provide reminders of Program key dates;

e) provide you with our periodic newsletters and updates about our services or special offers available to you; and

f) conduct market research or surveys to improve the services provided by Eco Athlete For Life.

8.8 If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. Customers acknowledge that if they opt out of receiving SMS or other communications from us, this may adversely affect your use of the APP or participation in a Program.

8.9 Eco Athlete For Life may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

9. General Disclaimer

9.1 You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst using the Services you may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:

a) known or unknown health problems or previous injuries;

b) pregnancy;

c) engaging in activity which is too strenuous for your level of fitness and health;

d) tripping or slipping – including over fitness equipment both at home and in a gym; and

e) attempting an activity which is beyond your exercise capability.

9.2 You understand that the Programs are not individually tailored to your personal health and fitness circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or using the Services.

9.3 Eco Athlete For Life does not guarantee that the Website will function on any particular device and you acknowledge and agree that the Website may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.

10. Limitation and Exclusion of liability

10.1 Eco Athlete For Life’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2 You expressly understand and agree that Eco Athlete For Life, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible

10.3 The Australian Consumer Law (‘ACL’) contained in the Competition and Consumer Act 2010 (Cth) (‘CCA’) provides certain guarantees (statutory guarantees) which generally require that services supplied to you:

a) are rendered with due care and skill;

b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and

c) are supplied within a reasonable time (when no time is set).

10.4 However, Eco Athlete For Life is entitled under the CCA to ask you to accept limitations on these statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you agree that Eco Athlete For Life excludes all liability to you for death or injury resulting from a failure by Eco Athlete For Life to comply with any statutory guarantee.

10.5 In clause 4, “injury” means:

a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

b) the contraction, aggravation or acceleration of a disease; or

c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

10.6 This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

10.7 Please refer to the attached ACL Exclusion Notice which contains complementary information about the statutory guarantees and the limitations Eco Athlete For Life is allowed to place on you. These are without prejudice to the limitations contained in this clause.

10.8 Nothing in these Terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.

10.9 Otherwise, and except as expressly included in these Terms, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement. In particular, but subject to the preceding paragraph, we are not liable for:

a) negligence; or

b) breach of terms implied that services will be provided with reasonable care and skill,

at common law that in either case results in your death or injury (as defined in clause 10.4) in connection with or under this Agreement, but to avoid doubt Eco Athlete For Life does not exclude liability for its reckless conduct.

11. Termination or Suspension

11.1 The Terms will continue to apply until the conclusion of your Program or until terminated by either you or by Eco Athlete For Life as set out below.

11.2 If you want to terminate the Terms, you may do so by:

a) providing Eco Athlete For Life with 7 days’ notice of your intention to terminate; and

b) closing your accounts for all of the services which you use, where Eco Athlete For Life has made this option available to you.

11.3 Your notice should be sent, in writing, to Eco Athlete For Life via the ‘Contact Us’ link on our homepage.

11.4 Eco Athlete For Life may at any time, terminate the Terms with you if:

a) you have breached any provision of the Terms;

b) Eco Athlete For Life is required to do so by law; or

c) Eco Athlete for Life becomes unable to provide the Services to you for any reason.

11.5 In the event of termination under clauses 2, 11.4(a) or 11.4(b), no refund of the Services Fee will be payable to you.

11.6 Eco Athlete For Life will provide you with a refund of the Services Fee (less a portion representing Services already provided prior to termination) if the Terms are terminated under 4(c) or if Eco Athlete For Life otherwise makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

11.7 Subject to all applicable laws, Eco Athlete For Life reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Eco Athlete For Life’s name or reputation or violates the rights of those of another party.

11.8 If you are diagnosed with a medical condition or injury and have been advised by your medical practitioner to discontinue exercise on a temporary basis then you may ask Eco Athlete for Life to freeze your Program for up to 2 months upon receipt by Eco Athlete for Life of a medical certificate confirming your condition.

12. Indemnity

12.1 You agree to indemnify Eco Athlete For Life, its affiliates, employees, agents, contributors, third party content providers and licensors (‘those indemnified’) from and against:

a) loss or liability incurred by those indemnified;

b) loss of or damage to property of those indemnified; or

c) loss or expense incurred by those indemnified in dealing with any Claim against it including legal costs and expenses on a party/party basis and the cost of time spent, resources used or disbursements paid by those indemnified,

arising from any Wrongful Conduct by you in connection with the Services.

12.2 Your liability to indemnify those indemnified under clause 1 will be reduced proportionately to the extent that any Wrongful Conduct of those indemnified or of any officer, employee, agent or contractor of those indemnified caused or contributed to the relevant liability, loss, damage, or expense.

12.3 In this clause 12:

a) ‘Wrongful Conduct’ means any act or omission of a party which is:

i) negligent or fraudulent;

ii) in breach of its obligations or warranties under these Terms or contrary to any representation made in these Terms; or

iii) in breach of any applicable law regulating the rights, liabilities and remedies of persons; and

b) ‘Claim’ means any cause of action, allegation, claim, demand, debt, liability, suit or proceeding of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent, or at law (including negligence), in equity, under statute or otherwise.

13. Complaints

13.1 You may make a complaint about any goods or services supplied by Eco Athlete For Life or any other matter concerning Eco Athlete For Life by email to hello@ecoathleteforlife.com.

13.2 You must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.

13.3 Eco Athlete For Life will investigate the complaint and endeavour to respond within two weeks.

14. Governing Law

14.1 These terms and conditions will be governed by and construed in accordance with the laws of the state of Victoria, Australia.

14.2 All parties hereby submit to the jurisdiction of the courts of Victoria, Australia.

15. No waiver

A failure, delay or indulgence on the part of Eco Athlete for Life in exercising any powers or rights conferred upon it under this Agreement does not operate as a waiver of such power or right.  A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under this Agreement.  A waiver of a breach does not operate as a waiver of any other breach.

16. Assignment

16.1 You cannot assign or otherwise transfer the benefit of these Terms or any Services offered by Eco Athlete for Life without the prior written consent of Eco Athlete for Life.

16.2 Eco Athlete for Life may transfer all or part of these terms to a third party without notice to you but in doing so Eco Athlete for Life will make sure that the new provider agrees to honour these Terms.

17. Severance

If any term or provision of this Agreement is held to be illegal, void or unenforceable (in whole or in part) in any jurisdiction, such term or provision or part of such term or provision will be deemed not to form part of this Agreement in that jurisdiction, but the validity and enforceability of the remainder of this Agreement in that jurisdiction and the validity and enforceability of that term or provision in any other jurisdiction will not be affected.


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