Last updated: December 2023
[GUY LEGGETT], ABN: [91 473 631 949] trading as Guy Leggett ( "we", "our" or "us") are committed to providing quality services to our users ("you", "your", "client", "customer").
This policy covers our terms and conditions pertaining to:
Content - any materials and information on the Website, including any information added by a third party.
Services - include personalised online nutrition planning, exercise programming, progress tracking, communication and support, and other fitness, health, nutrition and consultation related services.
Terms - these complete terms of use.
Website - means www.fiturbanpro.com and any associated websites, including any social media accounts operated by us.
3.1 By accessing and/or using our Services or our Website, you agree to these Terms. Please read these Terms carefully and immediately cease using our services if you do not agree to them.
3.2 This is a full and complete list of our Terms. You acknowledge that any reference to terms on our marketing materials may be an abridged version of this primary list and that you have understood, accepted and agreed to all such terms and conditions.
3.3 By purchasing our Services you represent and warrant that you are at least 18 years of age. If you are purchasing services on behalf of a minor, you accept that you are the legal guardian for the minor and that it is your responsibility to inform the minor of, and for their compliance as a user of the Website and Services.
3.4 You acknowledge that by breaching any of these Terms we may immediately terminate your Service and take appropriate legal action.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Website. We recommend you check the Website regularly to ensure you are aware of our current terms. Content is subject to change without notice. We do not undertake to keep the Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
5.1 Our Services include, but are not limited to:
5.2 We may, at any time and at our discretion, make changes to our services offered. This may include, but is not limited to:
6.1 To the maximum extent permitted by law, we make no representations or warranties about the Website (including any Content) and our Services, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) you will be guaranteed any particular results; or
(c) the Website will be secure.
6.2 Our Services are recommendations only. You read, use and act on any Content or information provided by us at your own risk. You understand that these are suggested recommendations and should be used as a guideline only.
7.1 To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Website and/or our Services.
7.2 You understand that there are risks involved with health, recreation, nutrition and exercise activities that, while unlikely, may cause harm or death. Our Services are provided as a suggestion on how to act, and it cannot be used as a substitute for the correct way to act in any given situation.
7.3 By using our Service, it is assumed that you have been cleared by relevant medical and/or health professionals to partake in these general aforementioned activities, will take full responsibility for any outcomes stemming from your involvement with the service, and will avoid obvious risks, seeking advice if unsure. To be clear, seeking medical clearance before commencement is your responsibility. If your medical condition changes during your engagement with us, please consult your medical practitioner as soon as possible.
7.4 When you engage us to provide Services, you assume risk including, but not limited to, use of any exercise equipment, change rooms or other general areas of any public or private facilities, or any equipment.
7.5 You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of the Website and our Services. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
9.1 Payments for our online, face to face, and other Services are managed by the third party billing management and payment gateway software Stripe. When you create your account with us, where applicable, you also create accounts with Stripe. By accepting these terms you agree that it is your responsibility to view both Stripe's policies, procedures and terms and conditions before completing a transaction. Stripe's full terms of use are available at: https://www.stripe.com/us/terms.
9.2 Payments for our subscription based Services will generally be in the form of a weekly direct debit transaction. From time to time we may need to change the day your direct debit becomes due. For example, we may change your weekly direct debit from Tuesday to Wednesday. Payments for other Services may be in the form of an upfront, lump sum transaction.
9.3 We do not access your banking information. Stripe only provides us with the last 4 digits of our users' credit card information for verification purposes. You agree that we will not be held liable for any loss as a result of the use of this payment method unless caused by our own fraud or fraud of our employees.
9.4 Upon your request, or at our discretion if we deem it necessary, we may take action regarding your account with us, including but not limited to:
9.5 All payments are tax inclusive and the currency will be stipulated at the time of purchase. Unless otherwise stipulated or implied, payments are in Australian Dollars (AUD).
9.6 You acknowledge and accept that, unless by an error on our part, you are liable to start paying for our Services as soon as you complete the checkout process with Stripe. Our sign up process can take longer than an hour and we cannot begin to provide full Services until you have finalised this sign up process. We expect you to complete the sign up process as soon as possible. Failure to complete the sign up process within a reasonable timeframe may result in you being charged for services that we cannot fully provide.
9.7 You can request to have your subscription paused or put on hold. At our discretion, payments of subscription based Services may be paused for up to 8 weeks within a given 12 month period. Any pause or hold period exceeding this may result in the cancellation of Services, where any funds owing will be due. Signing up following a cancellation may incur additional fees which you will be liable for.
9.8 Unless in the case of an extreme circumstance, deemed at our discretion, you are not liable to pause your payments, or change service, during the minimum contract term.
10.1 We reserve the right to terminate your agreement with us at any time.
10.2 You can cancel our Services at any time by requesting to have a Cancellation Consultation. Upon successful completion, your cancellation notice period will commence.
10.3 The cancellation notice period is four (4) weeks minimum. Subject to our discretion, this may be adjusted.
10.4 You're required to continue Payments during the cancellation notice period. Subject to our discretion, this may be adjusted.
11.1 Upon successful sign up to one of our subscription based Services, you acknowledge that you are committing to complete a minimum 26 weeks/payments of whichever Service you have selected.
11.2 You can request to transfer the remainder of the minimum term of your subscription. At our discretion, the remaining term of the original 26-week contract can be transferred to another individual who is not already subscribed to any of our Services. Only upon successful sign up and payment from the newly subscribed client, will the contract then become their responsibility. Both you, and the new client will be liable to pay any additional fees, including, but not limited to transfer fees and sign up fees.
11.3 Once the intent to cancel has been made by submission of the cancellation form, you forfeit all remaining coaching services, and are not entitled to receive any Services during the cancelled period.
11.4 At our discretion, we may request the remaining payments to be paid as weekly instalments, or paid in full. You accept that there may be additional fees involved, which may include, but are not limited to;
You acknowledge and accept that failing to fulfil your payment obligations may result in notifying, and debt collection via, third party groups. In this case, you acknowledge and accept that you are liable for any associated costs involved with said debt collection process. This may include, but is not limited to, administration fees and third party service fees. Such fees will form part of your contractual liability to us.
13.1 You acknowledge and accept that all of our Services and products are non-refundable. If you are dissatisfied with a Service or product we provide, please contact us and we will endeavour to provide you with amended/additional Services that will meet your needs and expectations.
13.2 You understand that all additional fees including, but not limited to, sign up fees, initial consult fees, missed appointment fees and notice of cancellation fees are non-cancellable, non-negotiable and non-refundable under any circumstances.
In the event of any dispute arising from, or in connection with, these Terms, the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution. Within 14 days after receiving the notice, the parties (or their representatives) must, meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the dispute, or (if the dispute is not resolved) agree on an alternate method to resolve the dispute, within 21 days after receipt of the notice, the dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The Website is our platform wherein we advertise our services. In summary, our services include:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to the Website; which we would consider inappropriate; or which might bring us into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Website to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using the Website;
(d) tampering with or modifying the Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Website;
(e) using the Website to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
You are prohibited from using the Website, including the Content, in any way that competes with our business.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in the Website and all of the Content. Your use of the Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Website or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with the Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
21.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Website. By making available any User Content on or through the Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Website.
21.2 You agree that you are solely responsible for all User Content that you make available on or through the Website. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Website will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
21.3 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
The Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue the Website, in whole or in part. We may also exclude any person from using the Website, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
24.1 Your use of the Website and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
24.2 The Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Website.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
We respect personal information and take our privacy obligations seriously. We always deal with your personal information in accordance with our Privacy Policy.
We appreciate hearing from you. If you have any feedback, complaints or queries, please contact us via:
Email: guy@fiturbanpro.com
Phone: +61 477 029 288
Visit: Contact Us
28.1 If offered a cooling off period, (e.g. 24 hour, 48 hour, 1 week, etc.) you must request your cancellation within the time frame to avoid voiding the warranty.
28.2 If offered a 'results or money back' guarantee, to be eligible, the coaching program must be strictly followed, in particular;
(a) 100% of workouts must be completed, and appropriately logged (including providing photo/video recordings where requested),
(b) Consultations must be attended once or twice weekly, depending on the specifics outlined in your given coaching program,
(c) You must adhere to your nutrition plan 100%,
(d) Further information may be requested at our discretion to verify your adherence,
(e) In the case of external limiting circumstances, (e.g. gym closure, serious illness or injury, or failure on our part to continue to provide coaching services) this warranty will also be voided
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