Terms & Conditions
Terms and Conditions
1. Binding Effect
This is a binding agreement. By using the Internet Website located at www.wmnstri.com (the “Website”), any services provided in connection with the Website (“Services”), or participating in any activities pertaining to WMNS TRI (Paeivi Haenninen ABN 653212505660) (“Company”, “we”, “us”, “our”) you (“User”) agree to abide by these Terms & Conditions (“Terms”). Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
2. Change of Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. We recommend you check our website regularly to ensure you are aware of our current terms. Content is subject to change without notice. By using our Services, you agree to accept those changes, whether or not you have reviewed them.
4. Services and Fees
By using the Services, you acknowledge that Company has the right to terminate your Services immediately should you breach any of these Terms or fail to pay for the Service. Company reserves the right to refuse any order you place with us. All payments are handled through third party payment gateways. Company is not able to access your credit card or other financial details. You agree that we will not be held liable for any loss you incur arising from your use of this payment method.
There will be no refunds or guarantees of reimbursements for Services unless otherwise specified. There will be no retroactive termination of Services. You may terminate your Services at any time by providing written notice to email@example.com. Termination of Services and associated fees are subject to any minimum-term requirements for specific coaching and other service packages as published on our Pricing pages, and any other requirements agreed to at the time of your initiating Services. Terminations will only be effective for stopping future charges unless otherwise specified.
5. Termination and Access Restriction
We reserve the right, at any time and at our sole discretion, and without any notice or liability, to terminate your password, user account and its contents, refuse to permit you to post or remove any postings to the Website, and/or access to any part of this Website or the Services. You agree that any termination or cancellation of your access to, or use of, the Website may be affected without prior notice, and that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website or your user account.
We have a right to discontinue this website. This can be at any time and may be without notice. We may also exclude any person from using our 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.
6. Intellectual Property and Copyright
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights and copyright ownership of others. Unless we indicate otherwise, please note that we own or licence all rights, title and interest (including intellectual property rights) in our website and all of our Content. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title, or interest in relation to our website or our Content. You acknowledge that the Website and our Services contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, training plans, and other materials and information (collectively, "Content") that are protected by intellectual property rights. Company and its licensors or its partners and affiliates own and retain all worldwide proprietary, intellectual property, and other rights to the Services and the Content. You may not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, display, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or other interest in such Content. You must not breach any intellectual property rights connected with our website or our Content, including (without limitation) altering or modifying any of our Content or creating derivative works from the Content.
7. User Content
You grant Company a license to use the materials you post to the Website or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Website or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. We really appreciate your feedback. If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time.
8. Restrictions on Use
Company imposes certain restrictions on your permissible use of the Website and the Services. You are prohibited from violating or attempting to violate any security features of the Website or Services, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Website or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) using our website to send unsolicited email messages;
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Services;
g) do anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
h) using our website to defame, harass, threaten, menace or offend any person;
i) interfering with anyone using our website; or
j) facilitating or assisting a third party to do any of the above acts.
Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify, hold harmless, and defend Company and its subsidiaries, affiliates, members, managers, officers, agents, licensors, suppliers, and other partners and employees, from any and all loss, liability, claim, action or demand, including but not limited to reasonable attorneys' fees and expenses, made by any third party due to or arising out of your improper use of the Website or our Services, your violation of these Terms & Conditions, or your (or any person using your account) infringement of any intellectual property of any person or entity.
Our Services are intended solely for healthy adults. We are not a medical organisation, and nothing contained in our Services should be construed as medical advice, medical treatment, or a medical diagnosis. Services are provided solely for informational and educational purposes, and as a tool to assist Users as they seek to improve their physical condition. It is each Users’ responsibility to ensure that they are in a state of health allowing them to safely engage in strenuous exercise. Please consult a medical or health professional before you begin any new exercise or nutrition program or if you have questions about your health. Users assume all risks in connection with participation in any services or activities provided by the company. We are not responsible for any damage incurred from such participation including without limitations, personal injuries, and property damage, nor for any loss arising from an action or reliance on any information, material or other content available on the website or provided through any service delivery.
We are not responsible for websites run by third parties. Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.
11. Warranty Disclaimer
To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our website will be secure.
You read, use, and act on our website, services and the content at your own risk.
The website and the services are provided “as-is” and we disclaim any warranty of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. We cannot guarantee and do not promise any specific results from the use of our website and/or any service we provide. You are using our website and our services at your own risk, and you are solely responsible for any injury to you or any damage occurring to your personal computer related to or resulting from using our website and content or from downloading any materials or content from the website. We make warranties or any representations regarding the use or the results of the use of the products, services content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise. We are not responsible for the conduct of any user of the website.
12. Liability Disclaimer
To the maximum extent permitted by law, we or our affiliates 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:
your use or inability to use the website or our services;
the use of any content, material or services provided;
statements or conducts of any member or other third party on the website; or
any other matter relating to our website or services, even if we have been advised of the possibility of such damage.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to amounts paid, if any, by you to us for the services. If you are dissatisfied with any portion of our website, our service, or our term & conditions, it is your remedy to discontinue your use of our services or website.
13. Governing Law
These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.