Expansive Health Terms of Use

Last modified October 2020

These terms and conditions apply to the use of the website at www.expansivehealth.com.au (Website) and any materials accessed, downloaded, ordered or subscribed to via the Website (Materials). The Website, Materials, fitness programs (Program) and any other online content will be collectively referred to in these terms and conditions as the Services. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Services.

Subject to these Terms, Expansive Health grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device. 

Expansive Health reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time and without notice. You should check these Terms & Conditions periodically for changes. By using the Services after any changes to these Terms & Conditions are posted, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use the Services and, if applicable, you should cancel your Expansive Health subscription. 

The use of these Services is subject to important disclaimers, limitations of liability and indemnities, including regarding your health and which may affect your suitability to access the Services, which you should read carefully before using the Services.

1. Scope of Terms & Conditions

Unless otherwise indicated, these Terms & Conditions apply to your use of Services which are owned and operated by Expansive Health Pty Ltd (ABN XX XXX XXX XXX).

2. Terms & Conditions – General

By using the Services, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, Expansive Health reserves the right to cancel or terminate your password, user account, and/or access to the Services (or any part thereof). In its sole discretion and without prior notice or liability, Expansive Health may discontinue, modify or alter any aspect of the Services, including, but not limited to:

1. restricting the time the Services are available;
2. restricting the amount of use permitted; and/or
3. restricting or terminating your or any other user’s right to use the Services.

You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice to you and without providing any reason for such termination. If you do not abide by the provisions of these Terms & Conditions, except as otherwise provided by Expansive Health from time to time, you acknowledge and agree that to the maximum extent permitted by applicable law:

1. Expansive Health may immediately deactivate or delete your user account and/or all related information and files in your user account and/or bar any further access by you to such information and/or files, or the Services (or part thereof);
2. Expansive Health shall not be liable to you or any third party for any termination or cancellation of, or variation of the applicable terms relating to, your access to, or use of, the Services;
3. your only right with respect to any dissatisfaction with any modification or discontinuation of the Services pursuant to this provision or these Terms and Conditions, or any policies or practices adopted by Expansive Health in providing the Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to stop using the Services and/or to cancel or terminate your Expansive Health subscription;  
4. Expansive Health may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events.
5. such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such; and
6. any Additional Terms will upon first being placed on this Website, or otherwise made public, be incorporated by reference into and form part of these Terms & Conditions.
   
   

3. Charges and Fees for Services and Materials

By purchasing or subscribing to Materials, you agree as follows:

1. To pay, using a valid credit card (or other form of payment which Expansive Health may accept from time to time), the fixed and/or periodic charges and fees set out on this Website, applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase the Materials. Expansive Health will bill your chosen credit card or direct debit bank account once or on a monthly basis (as appropriate) for the Services. 
2. To subscribe you must be over 18 years of age and provide valid credit card details.
3. If you are not the credit card holder than you must have the credit card holder’s permission prior to completing the sign up process.
4. With regard to any subscription, Expansive Health:
5. reserves the right to increase the fees payable for the subscription (Fees), or to introduce new Fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as deemed by Expansive Health as appropriate from time to time (including electronic mail or ordinary post).
6. will automatically charge your credit card or other account at the start of the relevant billing period (usually monthly) unless you terminate or cancel your subscription before the start of the relevant billing period.
7. In the event Expansive Health cannot charge your account, Expansive Health reserves the right to terminate your access and hold the Product until payment is received by Expansive Health.
8. All Fees are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.
9. In addition to the Fees, you are responsible for all charges and fees associated with connecting to this Website, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Products.
10. For the purposes of your use and purchase of Materials, including identification and billing, you agree to provide true, accurate, current and complete information as required including your complete legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date) as required.
11. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or there are reasonable grounds to suspect that this is the case, Expansive Health reserves the right to suspend or terminate your user account.
12. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify Expansive Health immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your purchases or your subscription. You are entirely responsible for any and all activities which occur under your user account, as well as for paying any amounts billed to your credit card by a third party which were not authorised by you.
13. Cancellation of Subscription

Either you or Expansive Health may terminate or cancel your subscription at any time. If you choose to cancel or terminate your subscription you understand and agree that to the maximum extent permitted by applicable law the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute including, without limitation, any dispute related to, or arising out of:

1. these Terms and Conditions (including our enforcement or application of these Terms and Conditions);
2. any of Expansive Health’s practices or policies, including the Privacy Statement, (and including our enforcement or application of these policies);
3. the content available through this Website including any change in content provided through this Website;
4. your ability to access and/or use the Services; and
5. the amount or types of our Fees or billing methods, or any change to our Fees or billing methods.

You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.

Expansive Health will not otherwise provide any refunds so choose carefully. 

Upon cancellation of your subscription, your account will still be active for the remainder of the current billing cycle, following which it will be immediately deactivated.

You may cancel your subscription at anytime by cancelling your payments with Paypal.

Expansive Health may terminate your access to the Services at any time without notice. All disclaimers in these Terms and Conditions will nevertheless survive any such termination. 

5. Ownership

All materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials (Website Content), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Website Content. There are a number of proprietary logos, service marks and trade marks found on this Website. By making them available on this Website, Expansive Health is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Website Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. 

When Website Content is downloaded to your computer, you do not obtain any ownership interest in such Website Content. Modification of the Website Content or use of the Website Content for any other purpose, including, but not limited to, use of any Website Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from Expansive Health. If you download any Website Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.

6. Privacy and Security

Expansive Health is committed to protecting your privacy. For more information, you should review the Privacy Statement. By agreeing to these Terms and Conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Statement.

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to Expansive Health. Accordingly, any information which you transmit to Expansive Health is transmitted at your own risk.

Nevertheless, once your transmission is received, Expansive Health will take reasonable steps to preserve the security of your information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

Expansive Health reserves the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the Services. 

7. Community Standards and Conduct 

You acknowledge that all Website Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this Website or any other online forum established by or associated with Expansive Health (Online Forum), whether posted at the request of Expansive Health or voluntarily, and whether publicly posted or privately transmitted (collectively, the Postings), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through this Website or Online Forum. Expansive Health does not control the Postings of others and, as such, you agree that Expansive Health has no responsibility for the accuracy, integrity or quality of such Postings. 

Although Expansive Health has adopted community standards and conduct guidelines for the users of this Website and any Online Forums, (as described below), you understand that by using this Website and/or the Online Forums, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. Except for Postings created by Expansive Health (as to which you agree that liability shall rest with the entity which created the relevant Website Content and shall be governed by these Terms & Conditions), to the maximum extent permitted by applicable law under no circumstances will Expansive Health be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this Website and/or Online Forum.

You agree not to use this Website and/or Online Forums to do, or attempt to do, any of the following:

1. upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
2. harm, wrongly influence or threaten children in any way;
3. impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Expansive Health;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through this Website and or Online Forums;
5. upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationships or under non-disclosure agreements);
6. upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of commercial solicitation or promotion, except in those areas, if any, that are specifically designated for such purpose;
8. upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the Website; 
10. interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any law and/or regulations having the force of law;
12. “stalk” or otherwise harass another user of this Website or employee of Expansive Health or of any related corporation;
13. Make any fraudulent or speculative enquiries, bookings, reservations or requests using the Website;
14. Provide false information when registering or changing your membership or contact details;
15. collect or store personal data or attempt to collect or store personal data about other users of this Website;
16. upload, post, email or otherwise transmit information which purport to be medical, health or weight-loss advice or advice of any other nature whatsoever; or
17. attempt any of the above acts or permit another person to do any of the above acts.

Your privilege to use the Services and to contribute to discussions on the Website and/or Online Forums depends on your compliance with the Community Standards and Conduct Guidelines set forth above. Expansive Health may revoke your privileges to use all or a portion of this Website and/or the Online Forums and/or take any other appropriate measures to enforce these Community Standards and Conduct Guidelines if violations are brought to its attention. Further, if you fail to adhere to these Community Standards and Conduct Guidelines, Expansive Health may terminate, in its sole discretion and without providing any reasons, your use of the Services, or participation in, any Online Forum.

All Postings are public and not private communications. Expansive Health reserves the right to monitor any areas of this Website (including any Online Forum) for adherence to the Community Standards and Conduct Guidelines set forth above or for any other purpose, but you agree it has no obligation or duty to do so and you release Expansive Health from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings, Expansive Health acts as a passive conduit for such distribution and it is not undertaking any obligation or liability relating to any Postings. Although Expansive Health reserves the right to remove, without notice, any Website or Online Forum Posting for any or no reason, Expansive Health has no obligation to delete Postings that you may find objectionable or offensive.

8. Health Disclaimer

The Services provided by Expansive Health are for educational purposes only, and are not to be interpreted as a recommendation for a specific treatment plan, or course of action. Exercise is not without risk, and this or any other exercise program may result in injury, or exacerbate an existing injury. Risks include but are not limited to risk of injury or aggravation of a pre-existing condition. By using the Services you acknowledge and agree that you do so at your own risk, and have been assessed by a qualified medical professional who has given you consent to take part in physical activity and utilise the Services. 

The Services are general in nature and are in no way intended as a substitute a tailored program for people with complex physical or nutritional needs. The information provided cannot apply identically to every person, and cannot be deemed fully accurate in the absence of a thorough physical examination, which Expansive Health is able to offer you at our standard charges. 

As with any exercise program, if at any point during your exercise you begin to feel faint, dizzy or have physical discomfort, you should stop immediately and consult your doctor. 

9. Disclaimers of Warranties

Please note to the maximum extent permitted by applicable law the following disclaimers of warranties that form part of these Terms & Conditions:

1. the Services are provided “as is” and without warranties of any kind, either express or implied;
2. Expansive Health disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of the Services;
3. Expansive Health does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make this Website available, are free of viruses or other harmful components;
4. the Services are used at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any product, offering, content or material related to the Services;
5. no advice or information, obtained by you from Expansive Health or through the Services shall create any warranty not expressly provided for in these Terms & Conditions; and
6. Expansive Health disclaims all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of the Services or any Website Content, submission or other material contained on this Website or able to be accessed through any link on this Website.
7. Limitation of Liability

Expansive Health will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Services. Under no circumstances will Expansive Health be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Services results in the need for servicing or replacing of equipment, Expansive Health will not be liable for those costs.

Where liability cannot be excluded, any liability incurred by Expansive Health is limited to the re-supply of the Materials. 

11. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend Expansive Health, its officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from your improper use of the Services, this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

To the maximum extent permitted by applicable law, you agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of Expansive Health or any related corporation and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.

You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against Expansive Health or any related corporation arising out of or as a consequence of your use of the Services, your participation in a Program, use of your own equipment, or in any activity incidental to a Program.

12. Governing Law 

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the State or Federal Courts located in Victoria and you hereby irrevocably consent and submit to the personal jurisdiction of such Courts for the purposes of litigating any such action.