Our Terms and Conditions
The techniques, ideas, and suggestions on the transform-usfitnessforkids.com.au website are not intended as a substitute for proper medical advice. As a parent or guardian, you should consult your physician or health care professional before allowing your child to perform any new exercise or exercise technique, particularly if your child has any injuries, pain, or if they have any chronic or recurring conditions. Any application of the techniques, ideas, and suggestions in this document is at the reader’s sole discretion and risk.
The author and publisher of this document and their employers make no warranty of any kind in regard to the content of this document, including, but not limited to, any implied warranties of merchantability, or fitness for any particular purpose.
The author and publisher of this document and their employers are not liable or responsible to any person or entity for any errors contained in this document, or for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information contained in this document, website, and other material or fitness programs.
TRANSFORM-US Fitness for Kids (transform-usfitnessforkids.com.au) is not intended for use by children or young adolescents with any type of health condition. TRANSFORM-US Fitness for Kids specifically warns these types of individuals to seek medical advice before commencing any form of physical activity or nutritional program.
TRANSFORM-US Fitness for Kids information should not be substituted for the advice, consultation, or treatment of a medical practitioner. Nothing contained in transform-usfitnessforkids.com.au should be construed as such advice. Any information displayed at transform-usfitnessforkids.com.au must be read and approved by your child’s doctor. Users are advised to seek the advice and approval for starting any physical activity or nutritional program from a medical practitioner and perform any exercises under the strict guidance and supervision of a qualified health professional at all times.
TRANSFORM-US Fitness for Kids Website – Terms & Conditions
TRANSFORM-US Fitness for Kids Employees and Trainers respect your privacy and give you as much control as possible over your own and your child’s personal information. Should you choose to provide us with information about yourself (for example, an email you send us, desiring us to reply or correspond with you), your information shall be kept confidential. If you inform us that you do not want us to use this information as a basis for future contact with you, we shall respect your wishes.
1. Representations
You represent that:
(a)
You have read and agree to be bound by the terms,
(b)
You will comply with any Australian law, regarding the transmission of any data obtained from transform-usfitnessforkids.com.au in accordance with the terms,
(c)
You will not use transform-usfitnessforkids.com.au for illegal purposes, and
(d)
You will not interfere or disrupt any network connected to transform-usfitnessforkids.com.au
2. Intellectual Property
transform-usfitnessforkids.com.au including, but not limited to text, content, photographs, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia and other countries. transform-usfitnessforkids.com.au is also protected as a collective work or compilation under Australia copyright and other laws and treaties. You agree to abide by all copyright notices or restrictions contained within transform-usfitnessforkids.com.au
3. Restrictions on Use
You may not use transform-usfitnessforkids.com.au for any illegal purpose or in any manner that is not consistent with the terms. You agree to use transform-usfitnessforkids.com.au solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained within transform-usfitnessforkids.com.au in any way that would compete with the business of TRANSFORM-US Fitness for Kids.
You acknowledge that TRANSFORM-US Fitness for Kids web site (transform-usfitnessforkids.com.au), has been developed, compiled, prepared, revised, selected and arranged by TRANSFORM-US Fitness for Kids and others, through the application of various methods and judgement standards, developed and applied by spending substantial time, effort and money and constitutes valuable intellectual property and trade secrets of TRANSFORM-US Fitness for Kids and such others. You agree to protect the proprietary rights of TRANSFORM-US Fitness for Kids and all others having rights in TRANSFORM-US Fitness for Kids during and after the term of this agreement and to comply with all reasonable requests made by TRANSFORM-US Fitness for Kids. You agree to notify TRANSFORM-US Fitness for Kids promptly upon becoming aware of any unauthorised access or use of transform-usfitnessforkids.com.au, by any party or of any claim that TRANSFORM-US Fitness for Kids infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
You may not copy, reproduce, recompile, decompile, disassemble, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of transform-usfitnessforkids.com.au, except that you may download material from transform-usfitnessforkids.com.au and/or make one print copy for your own personal, non-commercial use. The analysis and presentation included in transform-usfitnessforkids.com.au may not be recirculated, redistributed or published by you without TRANSFORM-US Fitness for Kids prior written consent.
Modification of transform-usfitnessforkids.com.au content would be a violation of TRANSFORM-US Fitness for Kids copyright and other proprietary rights. Additionally, you may not offer any part of transform-usfitnessforkids.com.au for sale or distribute it any other way, including, but not limited to, a hyperlink frame, or a computer network.
transform-usfitnessforkids.com.au and the information contained within the site may not be used to construct a database of any kind. transform-usfitnessforkids.com.au may not be stored (in full or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use transform-usfitnessforkids.com.au in any way to improve the quality of any data sold or contributed by you to any third party. You may not use any of TRANSFORM-US Fitness for Kids trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to, or are associated with you, or are used with TRANSFORM-US Fitness for Kids consent and you acknowledge that you have no ownership rights, in and to any of these names and marks.
4. License
You have no rights or licenses in or to TRANSFORM-US Fitness for Kids and materials contained on TRANSFORM-US Fitness for Kids web site (transform-usfitnessforkids.com.au), other than the limited right to use transform-usfitnessforkids.com.au in accordance with the terms. In the event that you choose to download content from transform-usfitnessforkids.com.au, you must do so in accordance with the terms. Such downloads are licensed to you by TRANSFORM-US Fitness for Kids only for your own personal, non-commercial use in accordance with the terms and does not transfer any other rights to you.
5. Rights Reserved
All present and future marks in and to trade secrets, patents, copyrights, trademarks, service marks, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to transform-usfitnessforkids.com.au (the "intellectual property rights") shall remain the sole and exclusive property of TRANSFORM-US Fitness for Kids.
All present and future rights in and title to transform-usfitnessforkids.com.au are reserved to TRANSFORM-US Fitness for Kids, for its exclusive use. Except as permitted by the terms, you may neither:
- copy or make any use of transform-usfitnessforkids.com.au or any portion of it, nor
- use the trademarks, trade names, service marks, trade dress, logos or titles of TRANSFORM-US Fitness for Kids, or the names of any individual participant in, or contributor to, TRANSFORM-US Fitness for Kids, or any variation of transform-usfitnessforkids.com.au, for any purpose, without TRANSFORM-US Fitness for Kids prior written consent.
6. Disclaimer and Limitation of Liability
You agree that your use of transform-usfitnessforkids.com.au is at your sole risk and acknowledge that transform-usfitnessforkids.com.au and anything contained thereon, including, but not limited to, content, services, goods, or advertisements ("related materials") are provided "as is", and that TRANSFORM-US Fitness for Kids, makes no warranty of any kind, express or implied, as to the related materials, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use of transform-usfitnessforkids.com.au does not warrant that transform-usfitnessforkids.com.au is free of errors, viruses, or other potentially damaging forces and is not liable for any damage that you may suffer as a result of these or other forces.
You agree that TRANSFORM-US Fitness for Kids shall have no responsibility or liability for
(a)
any injury or damages, whether caused by negligence of TRANSFORM-US Fitness for Kids, its employees, agents, subcontractors, or otherwise arising in connection with transform-usfitnessforkids.com.au and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against TRANSFORM-US Fitness for Kids by any other party, or
(b)
any fault, inaccuracy, omission, delay or any other failure in transform-usfitnessforkids.com.au caused by your computer equipment or arising from your use of transform-usfitnessforkids.com.au on such equipment. The content of other web sites, services, goods, or advertisements that may be linked to transform-usfitnessforkids.com.au is not controlled or maintained by TRANSFORM-US Fitness for Kids and as such, TRANSFORM-US Fitness for Kids is not responsible for the accuracy, content, or availability of other web sites, services or goods that may be linked to, or advertised on transform-usfitnessforkids.com.au.
TRANSFORM-US Fitness for Kids does not:
(a)
make any warranty, express or implied, with respect to the use of the links provided on transform-usfitnessforkids.com.au
(b)
guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to transform-usfitnessforkids.com.au
(c)
make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to transform-usfitnessforkids.com.au. TRANSFORM-US Fitness for Kids is not responsible for the reliability or continued availability of the telephone lines and equipment that you use to access transform-usfitnessforkids.com.au TRANSFORM-US Fitness for Kids and/or contributors to transform-usfitnessforkids.com.au may choose at any time to inhibit or prohibit their content from being accessed under the terms.
You acknowledge that
(a)
TRANSFORM-US Fitness for Kids includes information taken from various sources and
(b)
TRANSFORM-US Fitness for Kids does not guarantee the accuracy, completeness, or timeliness of transform-usfitnessforkids.com.au. TRANSFORM-US Fitness for Kids, it¹s officers and employees, affiliates, and third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for
(i)
any inaccuracies or errors in or omissions from transform-usfitnessforkids.com.au,
(ii)
any delays, errors or interruptions in the transmission or delivery transform-usfitnessforkids.com.au or
(iii)
any loss or damage arising there from, or by any reason of non-performance.
7. Limitation of Liability
Under no circumstances, including but not limited to negligence, shall TRANSFORM-US Fitness for Kids, it¹s suppliers and it¹s third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages, even if a TRANSFORM-US Fitness for Kids authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use transform-usfitnessforkids.com.au, or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.
In no event shall TRANSFORM-US Fitness for Kids total liability to you for all damages, losses, causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
8. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless TRANSFORM-US Fitness for Kids and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding brought against TRANSFORM-US Fitness for Kids it¹s employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against TRANSFORM-US Fitness for Kids, it¹s employees, representatives, suppliers, and agents is based on or arises in connection with transform-usfitnessforkids.com.au, including but not limited to:
(a)
your use (or someone using your computer) of transform-usfitnessforkids.com.au;
(b)
a violation of the terms by you or anyone using your computer;
(c)
a claim that any use of transform-usfitnessforkids.com.au by you or someone using your computer infringes any intellectual property right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;
(d)
any deletions, additions, insertions, or alterations to, or any unauthorised use of, transform-usfitnessforkids.com.au by you or someone using your computer;
(e)
any misrepresentation or breach of representation or warranty made by you contained herein; or
(f)
any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.
9. Right to Terminate
Either you or TRANSFORM-US Fitness for Kids may terminate the terms with or without cause at any time and effective immediately. You may terminate the terms by discontinuing use of transform-usfitnessforkids.com.au. These terms will terminate immediately without notice from transform-usfitnessforkids.com.au. If you, in TRANSFORM-US Fitness for Kids sole discretion, fail to comply with any provision of these terms, upon termination by you, or upon notice of termination by TRANSFORM-US Fitness for Kids, you must destroy promptly all materials obtained from transform-usfitnessforkids.com.au and any copies thereof. Sections two through eight (2-8) and ten (10) shall survive any termination of the terms.
10. Governing Law
This agreement between us shall be governed by and construed in accordance with the laws of Australia without reference to any conflicts of law principles. You agree to submit to the relevant state and federal courts with respect to any legal proceedings that may arise in connection with TRANSFORM-US Fitness for Kids or from a dispute as to the interpretation or breach of the terms.
11. Use of transform-usfitnessforkids.com.au Outside Australia
TRANSFORM-US Fitness for Kids does not represent that materials in transform-usfitnessforkids.com.au are appropriate or available for use in countries outside Australia if you choose to access transform-usfitnessforkids.com.au from outside Australia, you are responsible for compliance with foreign and local laws.
12. Content Changes
You accept that TRANSFORM-US Fitness for Kids in its sole discretion has the right to change the content or technical specifications of any aspect of transform-usfitnessforkids.com.au at any time. You further accept that such changes may result in your being unable to access transform-usfitnessforkids.com.au.
13. Severance
Any provision of the terms that are found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this agreement will remain in force.
14. Contact information
Should you have any questions concerning this agreement contact TRANSFORM-US Fitness for Kids.