Terms of service.

Dunnebells Website Terms and Terms of Business

These Website Terms and Terms of Business govern your use of our website, www.dunnebells.com, (the “Website”) and your relationship with Dunnebells (“we”, “us” or “Dunnebells”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not use the Website or purchase any of our Products.

Please also see our Privacy Policy for information about how we collect and use your personal data.

Dunnebells (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

1. Introduction

   1. This Website provides an online personal training service through which you can purchase fitness programs and tailored fitness and diet programs.

   2. These terms will apply to all users (“you”) of the Website and all purchasers of Products.

   3. By using the Website, or by purchasing any Products from us, you agree to be bound by these Terms of Use.

   4. Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms of Use in full at the time you use the Website. 

2. Our Products

   1. We will offer through the Website the following products (the “Products”)

      1. Online coaching

      2. Meal Plans templates

      3. Personal Exercise Plans

      4. Recipes, wellness tips, fitness advice

3. Fees

   1. You can view and access the Website free of charge.

   2. The fees payable in respect of the products and services will be clearly displayed on the Website.

   3. You acknowledge and agree that:

3.1.1. you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);

3.1.2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (Due Date);

3.1.3. your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause.

3.1.4. The Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.

3.2. Your access to the Service is conditional on you paying the Subscription Fee (Subscription).

3.3. All prices are in Australian Dollars (AUD).

3.4. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.

3.5. Payment of the Subscription Fee will be directly debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.

3.6. If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.

3.7. All payments made are non-refundable unless otherwise stated.

3.8. You may cancel your Subscription by:

3.8.1. Contacting the payment provider you used and cancelling your subscription.

3.8.2 Heading to https://dunnebells.thrivecart.com/updateinfo/ to update, manage or cancel your subscription.

3.9. Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.

3.10. In the event that you cancel a three or twelve-month subscription, a refund will not be issued. You may be available to get a credit applied to your account for the unused portion of your Subscription. All cases will be considered on a case-by-case basis. The Company does not warrant that a refund will be given in any circumstances.

3.11. Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Service at the end of your paid subscription period.

3.12. You acknowledge and agree that the Company may terminate your access to the Service in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

4. How to contact us

1. Email hello@dunnebells.com

2. Through the Contact Me page.

5. Personal information

5.1 When you purchase a product we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy Policy which can be seen here.

5.2 You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

6. Licence

1. On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to:

   1. Access workouts

   2. Access to Nutritional information

   3. Access to your personalized fitness plans;

2. You are not permitted to share any of the content licensed under these terms with any other individuals.

3. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

4. Your license to all material expires on your program end date.

1. Viruses, hacking and other offences

   1. You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

   2. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

   3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use the Website will cease immediately.

   4. We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

2. Availability

   1. Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to hello@dunnebells.com and we will attempt to correct the fault as soon as we reasonably can.

   2. Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event, we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

3. Our Liability

   1. Nothing in the agreement excludes our liability arising as a result of our negligence for:

      1. Death or personal injury;

      2. Fraud or fraudulent misrepresentation.

   2. Lucy Dunne (Dunnebells)(nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.

   3. We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

   4. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

   5. Where we provide you with a Personal Fitness Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly, any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

   6. Any Personal Fitness Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Fitness Plan.

   7. Before taking any action in relation to a Personal Fitness Plan, you must take into account any other factors apart from the Personal Fitness Plan of which you are or ought to be aware.

   8. You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Fitness Plan.

   9. Any information that we provide that does not form part of a Personal Fitness Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.

1. Expected Results

   1. While we believe that for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual, however, in some circumstances even where an individual follows our program, they may not achieve the desired results. We, therefore, provide no warranties of any kind, express or implied, as to:

      1. the effectiveness of any techniques, diets or programmes that we deliver; or

      2. the results that you may achieve as a result of following our programs.

   2. All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.

2. Data Protection Policy

   1. We request that all personal information that you provide is accurate, current and complete.

   2. Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consent.

   3. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

   4. Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy which can be seen here.

3. Intellectual Property

   1. By providing any content for distribution by us (such as workout photos) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.

   2. The format and content of the Website are protected by Auustralia and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.

   3. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilize parts of the contents of the Website without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website without our express written consent.

4. International Use

   1. You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

5. General

   1. These conditions are governed by and construed in accordance with the laws of Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Australian courts.

   2. If you breach these Terms of Use and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

   3. We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.

   4. We may make changes to the format of the Website at any time without notice.

GENERAL DISCLAIMER

Exercise and health are matters that vary from person to person. Viewers of these programs should speak with their own doctors about their individual needs before starting any exercise program. This Web site is not intended as a substitute for the medical advice and supervision of your personal physician. Any application of the recommendations set forth in the following plans is at the viewer’s discretion and sole risk. If you are over 35 or have been inactive for a few years, see your physician before beginning any exercise program. This is especially important if your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. If you have any doubts whatsoever, consult your physician.

COPYRIGHT

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the Company site, except as otherwise expressly permitted under copyright law or with the express permission of Company and the copyright owner.

GOODS AND SERVICES PROVIDED THROUGH COMPANY

Company is not responsible for any representations, warranties, terms, conditions, payment, or fees that may occur through texting service.