Terms and Privacy
WELLNESS ON DEMAND (WELLNESS SOLUTIONS)
Thank you for visiting WellnessOnDemand.com.au (this “Site”).These Terms of Use (“Terms of Use”) govern your use of this Site.
YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all visitors to this Site. By accessing and using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
YOUR OBLIGATIONS
In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary. Any account you create through this Site is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at info@wellnesssolutions.com.au. Until we are so notified you will remain liable for any unauthorized use of your account. You agree to use this Site in a manner consistent with any and all applicable rules and regulations.
You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation content submitted by users of this Site (collectively “Content”) are protected under applicable intellectual property and other laws. All Content and intellectual property rights therein are the property of Wellness Solutions or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site.
Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
In addition, you may not collect personal information of Site members by electronic or other means for use in marketing or telemarketing applications or for the purpose of sending unsolicited e-mail to those members.
You may not frame any page of this Site and you may not link to any page of this Site other than the home page without prior authorization.
MODIFICATION & DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the content, information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
GENERAL REGISTRATION REQUIREMENTS
Visitors are currently permitted to view only limited portions of the Websites prior to deciding whether to become a Registered User. Full access to the Websites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Websites, you must complete the registration procedures displayed on the registration page(s) of the Websites and, where applicable, pay the required subscription fee.
AGE REQUIREMENTS
By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18.
CHILDREN
Due to the nature of the Internet, we cannot prohibit minors from visiting our Websites. However, our Websites are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Websites.
Subscription Fees and Payment.
Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in United States Dollars (USD) , Australian dollars (AUD) or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Wellness Solutions to charge your credit card for the then-applicable subscription fee. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched content.
Wellness Solutions reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than AUD/USD are subject to adjustment due to fluctuations in exchange rates. Wellness Solutions will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.
If Wellness Solutions is for any reason unable to effect automatic payment via your credit card, Wellness Solutions will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Wellness Solutions of any changes to your credit card information and to update your information if your credit card has expired. Wellness Solutions may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Wellness Solutions.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Wellness Solutions’s net income. You are responsible for obtaining and providing to Wellness Solutions any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Wellness Solutions may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Wellness Solutions. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to info@wellnesssolutions.com.au. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
Free Trials
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new members and certain former members to try the service.
Free trial eligibility is determined by Wellness Solutions at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.
We will charge the subscription fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the subscription price and end date of your free trial period, visit our website and click the "Manage Account" link on the "My Profile" page.
CANCELLATION
You may cancel your Subscription at any time, and you will continue to have access to the content through to the end of your current subscription period.
To cancel your Subscription, sign into your Account on our website, select My Profile, click Manage Account and click Cancel My Subscription to confirm the cancellation of your Subscription.
If you cancel your Subscription, your Subscription will automatically end at the end of your current subscription period.
To the extent permitted by applicable law, when you purchase a Subscription from us you agree:
a. We will provide you with access to the Site immediately; and
b. Where we get your consent when you sign up, you waive any statutory right you may have to:
- change your mind about your Subscription; and
- receive a refund within any applicable cooling off period.
HEALTH & MEDICAL CONCERNS
Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Wellness Solutions are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program.
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
INTERNATIONAL USE
Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services.
PRIVACY POLICY
Wellness Solutions (‘WS’) is committed to protecting the privacy of customers’ personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles. Our Privacy Policy explains in more detail how we collect, use, disclose, store and enable you to access your personal information. Our Privacy Policy applies to your personal information regardless of how we obtain your details. This means that this policy is applicable if we obtain your information via the telephone, social media, the website or in person.
YOUR CONSENT
Please take a few minutes to review this Policy before using this Site. By using this Site, you are consenting to the collection, use and disclosure of your personal information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site.
This Policy is Part of Our Terms of Use.
PERSONAL INFORMATION
We collect personal information primarily to assist us to provide customers with our services. WS may also use this information to market to you as permitted under the Privacy Act 1988. Where we collect sensitive information from you we will only do so with your consent.
COLLECTION PERSONAL INFORMATION
We may collect personal information from you if you contact us, visit or call one of our showrooms, make an appointment or enquiry, sign up or use our services.
USING PERSONAL INFORMATION
Personal information is used to provide a service to the customer, to obtain feedback from customers or to record statistical data for analysis. Personal information will only be disclosed for the above purposes. When third parties perform services on our behalf, we take reasonable steps to ensure the third party will protect your personal information in accordance with Australian privacy laws and in a manner consistent with this Privacy Policy. Personal information will not be used or disclosed for any other purposes without consent, except in exceptional circumstances where disclosure may be required by law or is necessary to protect WS, a member of the public or a threat to person’s health & safety.
How We Use Information Collected Through This Site
Generally, we use the information we collect through this Site
- to provide the information, products and services you request;
- for security, credit or fraud prevention purposes;
- to provide you with effective customer service;
- to provide you with a personalized experience when you use this Site;
- to contact you with information and notices related to your use of this Site;
- to better understand your needs and interests;
- to improve the content, functionality and usability of this Site;
- to improve our products and services;
- to improve our marketing and promotional efforts; and
- for any other purpose identified in an applicable privacy notice, country-specific notice, click-through agreement or other agreement between you and us.
ACCESSING YOUR PERSONAL INFORMATION
We endeavour to take reasonable steps to ensure that your personal information is accurate and up to date but rely largely on the information we are provided. You can update or request to update your Personal Information at any time. We ask that you keep your information as current as possible. Information can be updated in person at one of our showrooms or by contacting info@wellnesssolutions.com.au. If you would like to unsubscribe or ‘opt out’ from receiving any direct marketing material from WS, that option will be available in the relevant communication sent to you. You have a right to request access to your personal information held by us. You are also able to update your details or request us to remove your details should you wish to ‘opt out’ in the future. Should you wish to access, update or remove your details, please email us at info@wellnesssolutions.com.au.
SECURITY
WS takes reasonable steps to maintain the security and privacy or Personal Information collected by WS. Personal Information is stored on secure servers if it is in a digital format or in locked areas if in a hardcopy format. WS only permits authorized personnel to access this information and this information will only be provided to third parties if they have the appropriate authority. While we strive to protect your personal information, we cannot guarantee or warrant its complete security. No data transmission over the Internet can be guaranteed to be 100% secure.
USE OF TRACKING TECHNOLOGY
WS uses tracking technology such as cookies or web beacons to make the website as user friendly and convenient as possible. This tracking technology does not hold personal information about you and does not reveal your personal identity. If despite this you would prefer not to receive cookies you can configure your Internet browser on your electronic device to reject them, or to notify you if they are being used. Rejecting cookies can, however, limit the functionality of our website.
LINKED SITES
We provide links to other Internet websites outside of our websites. If you submit personal information to or via any linked site, the privacy policy applying to that information will be outside our control. We advise you to check the terms and conditions of using that website and its privacy statement.
INFORMATION FOR PEOPLE OUTSIDE AUSTRALIA
The data protection laws of the country in which you reside may be more restrictive than the data protection laws of Australia. BY USING THIS SITE, YOU ARE CONSENTING TO THE COLLECTION, USE, AND TRANSFER OF ANY PERSONAL INFORMATION YOU SUBMIT ON OR THROUGH THIS SITE TO Australia OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS POLICY.
CHILDREN
We do not knowingly collect information from children under the age of 13 (or the relevant age for giving valid consent in your jurisdiction, if different) and the site is not targeted to under the age of 13 (or the relevant age for giving valid consent in your jurisdiction, if different). We encourage parents and guardians to take an active role in their children’s online activities and interests.
PRIVACY COMPLAINT OR CONCERN:
If you have a complaint or concern about the way in which your privacy has been handled by WS, please email us at info@wellnesssolutions.com.au. We will investigate and respond by email and provide you with our response within a reasonable timeframe. If you do not believe that your privacy complaint or concern has been resolved you may then take your complaint to the Office of the Australian Information Commissioner (www.aaic.gov.au)