TERMS & CONDITIONS

1. Acceptance
These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use”) apply to your use of (and subscription to) the Limitless Training website, Limitless Training mobile application (“Limitless Training App”), blog, online shop or one of our other products or services, all of which are part of Limitless Tranings’s platform (the “Platform”). These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Limitless Training Pty Ltd (ABN 42 612 932 635) and its affiliates (referred to as “Limitless Training”, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with Limitless Training in connection with the Platform.Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.

2. Eligibility
a)By accessing or using the Platform, you confirm that you are of legal age in your country, are not under 16 years old and have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.
b)To use certain features of the Platform, you will need to create a user account (each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time.
c) By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). Limitless Training is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the Limitless Training team in writing at [email protected] of any unauthorised use of your User Account or any other breaches of security.
d) You may be required to complete a health assessment questionnaire.

3. Subscriptions and payments
(a) You may order Services from us through our Store. Any Order you place is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.
(b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.
(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.
(d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.
(e) If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.
f)You can choose to subscribe to the Platform either on a weekly, monthly, quarterly or annual basis, or for such other periods that Limitless Training Pty Ltd may offer from time to time, and the applicable fees are set forth on the Limitless Training Pty Ltd webpage (www.limitlesstraining.com.au) or on the applicable app store from which the Limitless Training App can be downloaded. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. Limitless Training reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
g) We may provide a free trial subscription for a fixed period of time, as determined by Limitless Training in its sole discretion. Unless otherwise stated by Limitless Training in respect of specific promotions, free trials are only available to new Limitless Training users, and Limitless Training reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial.
h) You can pay the fees for your subscription on the Limitless Training website either through a credit card, PayPal payment or Stripe payment. The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. Limitless Training reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity. In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions that take place abroad or in a foreign currency. You are responsible for paying any such fees.
i) Your subscription will automatically renew unless you cancel at least Forty-eight (48) hours before the end of the current billing period and have served the minimum term agreed to. You may cancel your subscription after the minimum term agreed to at any time by navigating to our website and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

4. Refund and Cancellation Policy
a) If you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
(b) If you have subscribed to the platform through our website, we do not offer change-of-mind returns or refunds for service subscriptions. Failure to complete onboarding or check-ins does not entitle you to a refund.
(b) When you join our subscription services, you must commit to a 12-week minimum subscription. You cannot cancel before 12 weeks, and there is no cooling-off period.
(c) The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.
Australian Consumer Law
(d) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Our Goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions that are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(e) If you sign up for a free trial, you agree that free trial ends fourteen (14) days after you start the free trial – if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal.

5. Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the Goods and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the Goods or Services the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation and/or loss of use, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the Goods, or any injury or loss to any person;
(2) failure or delay in providing the Goods; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Goods or Services.

6. Collection Notice
(a) We collect personal information about you in order to manage your Account, to contact and communicate with you, to respond to your enquiries, to process and dispatch your Orders and for other purposes you give us permission for.
(b) We may disclose that information to third-party service providers who help us supply and deliver the Goods or Services to you (including our delivery companies, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Goods or Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with these Terms.

7. Use of the platform
By using the Platform, you confirm that you will not use the Platform for any of the following:(a)Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Limitless Training or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).(b)Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.(c)Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.(d)Fraud – any act that: (i) attempts to defraud Limitless Training or any other person; or (ii) provides false, inaccurate or misleading information to Limitless Training.

8. Intellectual property
a)All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by Limitless Training, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
b)You are not granted any right to use, and may not use, any of Limitless Trainings’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:
(i) You are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from Limitless Training.
(ii) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
(iii) You may not use any data mining, robots or similar data-gathering or extraction methods. Limitless Training reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
c) By posting or otherwise providing Contributed Content, you grant Limitless Training a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

9. Changes and updates
Limitless Training may terminate or modify any feature or part of the Platform at any time without notice. Limitless Training may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.

10. Availability of service
(h) Limitless Training shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Limitless Training’s control. Limitless Training will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
i) You acknowledge and agree that Limitless Training shall not have any liability or be responsible in any way for your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; or the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.

11. General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your Order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Photographs: If you provide us with photographs of the Goods including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Order.
(k) Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at: Limitless Training Pty Ltd
Email: [email protected]
Last update: 29/04/2024