Terms and Conditions - Sally Matterson

Sally Matterson Personal Training Terms and Conditions of Registration

The Sally Matterson Personal Training website at http://www.sallymatterson.com.au   (“Website”) is owned and operated by Sally Matterson Personal Training Pty Ltd ACN 164 144 576 (“SMPT, we, us, our ).

By clicking "I accept", you agree to be bound by these terms and conditions of registration. By clicking the box "I accept", you declare that you are at least 18 years or over. The website content herein is not recommended for any persons under the age of 18 years unless accompanied by an adult whilst performing any exercises. If you are registering on behalf of a minor you declare that you are their legal guardian. It is the responsibility of the legal guardian to ensure the minor does not get injured while engaging and utilising the information on the website.

Once you register as an online SMPT member, you will be provided with a password and username. You agree to pay for our services in the manner specified on the Website. If you the user, breaches these terms and conditions, you acknowledge that your account may be immediately terminated, without refund, and legal action may be taken (if we choose to do so) against you. Further, you acknowledge that SMPT is entitled to suspend or terminate your membership if at any time SMPT considers that you have brought, or may bring, SMPT or its members into disrepute. This includes offensive comments or breaching copyright laws.

CONDITIONS OF USING ACCOUNT ON SITE

Seek advice from Medical Professional and other related health care professional
It is important that before beginning any fitness regime, you consult with a health care professional including GP, physiotherapist, chiropractor or any other relevant health care professional to ensure that you are able to complete the programming without injury. Based on your healthcare professional’s assessment you will be able to determine your current health and any restrictions  and you may then decide if the online program is appropriate for you. We take no responsibility for health or injury issues that could arise and you should immediately seek medical attention if there are any unforeseen changes to your physical condition at any time. By agreeing to these terms and conditions you warrant that you are healthy and injury free.

Our Customer Service and Online Support
Our customer service and online support shall be delivered as described on the Website. This will be in the form of group or forum discussions.. You acknowledge that access to any specific trainer mentioned on our Website, including Sally Matterson, in person or online is not a guarantee; however there will always be an online forum for any questions you may have about nutrition, training and programming.

Information and Education Provided on Website
All information and education provided by us on our Website is provided in good faith. Our sources are accurate, up-to-date and current as at the date of publication. We however reserve the right to update any information at any given time. In addition, we do not make any representations or guarantees that the information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information or services provided through it. You acknowledge and agree that you will not hold SMPT liable for any loss arising from any action taken or reliance by you on any information or material posted by us.

Nutritional Information and Macronutrient Breakdown in Simple Clean and Lean EBook
Nutritional information provided on the Website is taken from sources provided by third parties, including the CALORIE KING AUSTRALIA guide to nutrient content (“CALORIE KING AUSTRALIA Guide”). Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of such information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances including nutritionist and dietician. SMPT has made considerable effort to ensure there is quality and accuracy in the information in the CALORIE KING AUSTRALIA Guide and food database. However, SMPT or any other provider of nutritional information on the Website gives no warranty that the information is free from error or is suitable for your purposes.

SMPT discloses that there are limitations associated with any food composition databases. Nutrient data published in a database such as the CALORIE KING AUSTRALIA Guide may represent an average or an approximate of the nutrient content of a particular sample or measurement of food and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially depending on batches and brands because of a number of factors, including changes in season, changes in formulation or calculations, processing or manufacturing practices and ingredient source. While most of the data contained in the CALORIE KING AUSTRALIA Guide are generated directly from analysed values, some of the data are borrowed from overseas food composition tables and labels; supplied by the food industry; taken from the food company’s labels; imputed from similar foods; or calculated using a recipe or cooking approach.

Foundation Supplementation Recommendations
Our suggested foundational supplement routine has been taken from the recommendations and scientific studies based on a BIOSIGNATURE Practitioners reference guide and BIOSIGNATURE journal. The supplement information provided on the Website is taken from sources provided by third parties, including the POLIQUIN BIOSIGNATURE manual and POLIQUIN website. Before relying on any BIOSIGNATURE manual information on the Website, you should carefully evaluate the accuracy, completeness and relevance of such information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances including naturopath, nutritionist and dietician. SMPT has made considerable effort to ensure there is quality and accuracy in the information provided on supplementation. However, SMPT or any other provider of supplement information on the Website gives no warranty that the information is free from error or suitable for your purposes.

EXERCISE TECHNIQUE RECOMMENDATIONS

Our exercise technique principles have been based from PIPC (poliquin institute performance certification). The level of qualification obtained is a Level 1 and 2 Strength and Conditioning certification. The exercise technique information provided on the Website is taken from sources provided by third parties, including the PIPC manual and POLIQUIN website. Before relying on any PIPC manual information on the Website, you should carefully evaluate the accuracy, completeness and relevance of such information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances including physiotherapist or chiropractor. SMPT has made considerable effort to ensure there is quality and accuracy in the information provided on exercise technique. However, SMPT or any other provider of programming technique information on the Website gives no warranty that the information is free from error or suitable for your purposes.

Health Pre-exercise screening
Persons with pre-existing medical conditions, in poor health, with previous or current injuries or with any other concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program including GP, physiotherapist, chiropractor or any other relevant healthcare professional. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before implementing any information or educational materials made available to you through our Website. Our information and educational services and support may not be suitable to your particular circumstances and is not a substitute or a solution to replace specific advice from a qualified health care professional. We strongly advise the following classes of persons to firstly consult a healthcare professional:

  • Recently pregnant, pregnant or post natal women;
  • persons with any of the following conditions
    • persons suffering from cancer or other long term illness;
    • persons with liver disease, kidney disease, or renal failure;
    • persons with an existing heart conditions or have a family history of heart disease;
    • persons with eating disorders or other diagnosed mental health issues; and
    • persons with diabetes, blood pressure or cholesterol issues;
  • elderly persons;
  • persons recovering from or recently recovered from any illness or injury; and
  • persons with a low body mass index.

You acknowledge that, by applying and acting on our information, education and support services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts and that you assume all risks in connection with your participation in our information, education and support services. We therefore disclaim any liability in relation to the same. You are responsible for your own health.

Quality of our Online Support Service
We cannot guarantee that the Website will be error-free or uninterrupted during the entire term of your membership period. The Website and its content are delivered on an "as-is" and "as-available" basis. We do not warrant or ensure that files you download from the Website will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed.

It must be understood that low internet connection speeds may result in an inability to view high resolution videos. You may be entitled to a refund in limited circumstances. See the section headed “Payment and Refunds” below for further details.

Third Party Content
We do not take ownership for any loss or damage occurred (including through negligence), which you may directly or indirectly suffer in connection tothe products or services listed from other, contributors to the Website. 

We are not responsible for the products, references, scientific studies, services, advice, information, actions or failure to act by any third parties referenced on the Website. We do not endorse the contents of third parties’ opinion or advice, nor do we guarantee the accuracy or completeness of that content. We will not be responsible for loss or damage arising from  any information obtained through our service or the Website. It remains your responsibility to evaluate the relevance of the information, or whether it is complete and correct and whether the information is appropriate for your use.

You have the capacity and the right to report any abuse of content including content from third parties or other members directly to us at info@sallymatterson.com.au. We will investigate or take such steps as we consider necessary in relation to such reports.

Non SMPT services
Promotion of non SMPT services on the SMPT online support forum is not permitted. Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others on the SMPT Website, or its associated forums, without the prior written consent of SMPT. If, in the opinion of SMPT, members or third parties are engaged in advertising, promotion or providing advice on non-SMPT services to participants of the SMPT Website, then SMPT reserves the right to disqualify the membership of any member participating in such conduct or to ban any third party from participating on the SMPT Website.

INDEMNITY AND RELEASE FROM PROSECUTION

You agree to indemnify us and our employees, agents contractors and subcontractors, from and against any third party claims as a result of your failure to comply with the terms and conditions herein, and you must pay on demand all losses, expenses, damages and costs and associated legal fees suffered or incurred by us, which arises out of your use of the Website, including the use of the Website to provide a link to another site or to upload content or other information to the Website.

INTELLECTUAL PROPERTY

Information procured from a third party may be the subject of copyright owned by that third party.  You may not in any form or by any means:

  • Reproduce, publicly display,  publish, create derivative works or otherwise publicly make available any part of this Website; or
  • Exploit or distribute any information, products or services obtained from any part of this Website,

without our prior written consent or, in the case of third party material, from the owner of the copyright in that material.
Unless we agree otherwise in writing, you are provided with access to this Website for your personal use only. You are authorised to listen, view, retrieve, download or print a copy of any information contained on this Website for your personal use only. Without limiting the foregoing, you may not on-sell information obtained from this Website or post it to another website without obtaining our prior written approval or consent.

MEMBER OR USER CONTENT

User Content” refers to any content the user decides to upload or share with the website and or any media platforms including social media. These include text, graphics, images stories, software or any other copyrightable original material. From the date you submit the content to the Website you assign us the right to the content and give us permission to use the same.

In providing any intellectual property to the website you grant to us, royalty-free, a non-exclusive universal licence of the intellectual property rights in the User Content to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display on any media platform including social media and by any means. You consent to us (and all persons authorised by us) using or exploiting any of the moral rights that you may have included in the User Content in any manner that the User Content may be used. We have the right, but not the obligation, to monitor User Content and we may remove or refuse any User Content which we consider, in our sole discretion, to be:

  • infringing third party rights (including copyright);
  • immoral or offensive;
  • incorrect or misleading in breach of the  terms and conditions for the Website

We accept no responsibility or liability for the User Content. You must ensure that the content that is uploaded to social media, website and forums does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause.

Visitors to the Website who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can notify us by contacting us at info@sallymatterson.com.au.

PERMITTED USE OF MEMBERSHIP CONTENT

We prohibit the use of any of our online content such that it is made public. You agree to the following conditions:

  • You are liable for any content you submit to the Website.
  • We will not tolerate any information posted that violates the intellectual property rights of another member or the copying of any trademarked images or written content of the website.
  • Any material we consider offensive or inappropriate will not be tolerated.
  • We reserve the right to contact the appropriate authorities if we feel any member is mis-using the website.
  • You will do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations at our request.

LINKED THIRD PARTY WEBSITES

The Website may reference or link to third party sites.  We have no control over these third party sites or the content within them. We cannot guarantee, represent or warrant that the third party content in these sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site unless it directly relates to one of our services, nor do we warrant that they will not contain viruses or otherwise impact your computer. Using a link that causes any personal damage or loss will not be our responsibility or that of the Website and you will also indemnify us against any claims made by third parties.

PAYMENT AND REFUNDS

All transactions are conducted in Australian Dollars (AUD).

Orders are subject to payments being received. Acceptance (or rejection) of an order will be notified with a receipt of payment to you as part of the purchasing procedure. Acceptance and continued access to our service is always subject to payment approval by you. For the avoidance of doubt, by placing an order, you make an offer to purchase the relevant membership that is the subject of your order.

We use a secure payment gateway to process your transactions which utlises a minimum of 128bit encryption over an SSL connection. We do not store your credit card details on this site. You acknowledge that we are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of our nominated payment method to the extent that such loss is not caused or contributed by our fraud or the fraud of our employees.

Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

All fees are non-refundable. Once secure portals have been accessed the member cannot under any circumstances be refunded. We do not under any circumstances refund for wrong choice or poor internet connection. The one time payment VIP membership is non refundable however is transferable. Email info@sallymatterson.com.au to process your request. 

Upon receipt of transfer, your agreement with us is at an end and we will cancel your account immediately. You agree that this is your sole remedy in the above-mentioned circumstances and you agree that you will not have a claim against SMPT for any loss suffered by you relating to the above-mentioned circumstances except to the extent permitted by law.

All membership fees are to be received in one full payment and are non-cancellable and non- refundable with the exclusion of the Extreme Shredder VIP members which will be debited monthly on the same day every month as their join date. For example, joining on the 15th of the month will continue to debit monthly on the 15th from the VIP members nominated Credit Card account which enables them access to their next bundle of 4 workouts. Failure to pay the minimum term of 12 months (12 payments total) will result in lock out or termination of their VIP membership until debit has been paid.              

VARIATION OF TERMS AND CONDITIONS

You are bound by any updated Terms and Conditions that we may wish to change from time to time. We may vary, amend or add to these terms at any time. Where there are major changes to these Terms and Conditions that could adversely or directly affect SMPT members we will provide additional notice to you by way of email sent to the email address that you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

  1. received notice changes when we place a notice on the Website setting out the changes; and
  2. agreed to the terms and conditions as varied and changed the next time you access your membership account after we advise the notice on the Website.

If you do not agree to any updated terms and conditions, then prior to you accessing your account you may notify our information service by emailing info@sally.matterson.com.au and request for a refund. This request will have to be accompanied by supporting information that the changes made have affected you in a detrimental manner.

PRIVACY POLICY AND MEMBERSHIP DISCLOSURE

By agreeing to becoming a member you consent to us using and disclosing information about your age, name, height and weight, body fat percentage and lean muscle mass for the purposes of marketing and promotion of the Website, displaying the results of your body transformation with the use of “before” and “after” images to promote the SMPT services and to help to increase sales and encourage other members to use the services. Unless you ask us not to, or unsubscribe from our monthly newsletter, we may also use your personal information including email and telephone/mobile numbers to send related information and services or update any other promotional material.

We undertake to comply with the terms of our Privacy Policy which can be viewed in full here http://www.sallymatterson.com.au .

TERMINATION OR REFUSAL OF MEMBERSHIP

SMPT may in its sole and absolute discretion refuse membership, or suspend and terminate membership at any time and for any reason without any notice to the consumer. Upon termination, members will receive a refund of the fees relating to the unused portion of the period that has been paid for less any administrative costs that SMPT may incur.