TERMS & CONDITIONS OF USE AGREEMENT BETWEEN USER AND
ALL TRAFFIC (Lifestyle & Fitness Professionals)
TERMS & CONDITIONS OF USE
Please read this agreement ("Agreement") carefully before accessing or using the ALL TRAFFIC Web sites at www.alltraffic.com.au and its affiliated sites (the "Sites"). For the purposes of this document, ALL TRAFFIC Lifestyle & Fitness Professionals will be referred to as ALL TRAFFIC.
By accessing or using the Sites, You agree to be bound by this Agreement. ALL TRAFFIC provides the information, products and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices. These Terms and Conditions of use apply to information you may have received from ALL TRAFFIC in the past.
The information products and services offered on the Sites are provided with the understanding that neither ALL TRAFFIC nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Sites and to the terms and conditions of the ALL TRAFFIC Limitation of Liability Agreement (Individual) discussed below.
ALL TRAFFIC and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, products and services or other material on these Sites. While ALL TRAFFIC strives to keep the information on these Sites accurate, complete and up-to-date, ALL TRAFFIC and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
These Sites and the information, products and services we provide may not be used by children under the age of 13.
ALL TRAFFIC may decline to provide you services in our sole discretion.
PRIVACY POLICY
At ALL TRAFFIC, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our on-line services. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.
LIABILITY RELEASE AGREEMENT
The information, products and services provided by ALL TRAFFIC may involve certain risks to participants. Click here to read our Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION: PROHIBITED USES
We may provide online personal training services including but not limited to face to face personal training services (the "Services") and health & fitness products (the “Products”). ALL TRAFFIC grants You access to the Sites during the term of this agreement solely to receive the Product and Services and related information on the Sites. You may access, download print, copy and distribute and modify materials as necessary to receive the Product and Services. You may not license, create derivative works from, frame in another Web page, use on any other Web Site, or sell any information, databases or lists obtained from the Sites. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Sites without our prior written permission You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web Sites.
PROPRIETARY RIGHTS
All materials on these Sites (as well as the organisation and layout of the Sites) are owned and copyrighted, licensed by, or used with permission that is granted to ALL TRAFFIC. No reproduction, distribution, or transmission of the copyrighted materials at these Sites is permitted without the prior written permission of ALL TRAFFIC.
YOUR ACCOUNT
If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify ALL TRAFFIC, (ii) cease using the Sites and any information obtained from the Sites, and (iii) destroy all copies of your account information, password and any information obtained from the Sites. ALL TRAFFIC members will receive a password that provides access to Members Only areas of the websites. The ALL TRAFFIC membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.
ALL TRAFFIC reserves the right to deny services to anyone.
Internet Personal Training Account
Membership fees are not refundable. Memberships are not transferable and only you are authorised to use this membership. Only registered ALL TRAFFIC members have permission to view and print any and all of the information provided within the ALL TRAFFIC website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of ALL TRAFFIC. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until ALL TRAFFIC receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment.
Face To Face Personal Training Account
Face to Face personal training sessions are payable in advance of the first session in accordance with the Client/Trainer ‘Letter of Agreement’. Face to Face personal training sessions are transferable in part or in whole but must be approved by ALL TRAFFIC prior to transfer and that the individual(s) receiving the transferred sessions must undergo an ALL TRAFFIC health screening prior to commencement of any personal training session. A fee of AUD$50.00 will be charged to the account for the required health screening process. Face to Face personal training sessions are one hour duration so please be ready to begin at your scheduled time. Scheduled personal training time slots are available by appointment only on a “first come, first served” basis. Clients will be scheduled into regular weekly time-slots and will remain in their scheduled time-slots unless by prior arrangement with ALL TRAFFIC. Clients training in their regular training time-slots will take priority over those clients wishing to swap training days on a ‘one off’ basis.
Face to Face Personal Training Session Cancellations, Time Stop and Refunds
ALL TRAFFIC personal trainers require a maximum of 6 hours prior notice of cancellation of a scheduled session to avoid a cancellation fee. A cancellation fee of 50% of the value of the cancelled session will be charged and deducted from the clients account if notification is less than 6 hours but more than 4 hours prior to a scheduled training session. A cancellation fee of 100% of the value of the cancelled session will be charged and deducted from the clients account if notification is less than 4 hours.
Session cancellations must be given by telephone (or txt) to your personal trainer to be deemed effective. Please DO NOT email session cancellations as an email will not reach your personal trainer in time to avoid potential cancellation fees.
ALL TRAFFIC face to Face (‘1 on 1’ and ‘Group’) personal training clients may take advantage of ‘Time Stop’ arrangements. Should you wish to put your personal training sessions on hold without incurring fees you may do so by prior arrangement with ALL TRAFFIC by contacting us. Click Here to email your ‘Time Stop’ requirements. ‘Time Stop’ is available without fees for a maximum period of 6 months but must be arranged at least 14 days prior to activation. A fee of AUD$100.00 or the remainder of the account balance (if less than AUD$100.00) is payable to ALL TRAFFIC for ‘Time Stop’ of 12 months or more. ALL TRAFFIC reserves the right to place other clients in your scheduled time slot while you are on ‘Time Stop’. Should your ‘Time Stop’ request exceed 6 months ALL TRAFFIC reserves the right to re-schedule your regular time slot or place you in the care of another ALL TRAFFIC personal trainer should you wish to maintain your preferred time slot when you return.
Clients wishing to book personal training sessions on public holidays including school holidays will be accepted by prior arranged booking only. Please Click Here to arrange sessions during holidays. No credit shall be due if a session is cancelled during these periods.
Clients will be required to keep a food diary for two weeks at the beginning of the program. After two weeks, the diary will be analyzed for nutritional content, and ALL TRAFFIC personal trainers will make suggestions to help you improve your diet. Clients are required to observe any and all rules of a gym, park grounds or facility where any workouts take place. Appropriate training clothing including suitable foot wear is required at all times during sessions. We suggest that you also bring fresh water, a towel and a lock (gym lockers), as these may not be available at some gyms and facilities where training may take place. Clients are encouraged to drink plenty of water, preferably filtered water, during the workout. You do not need permission to get a drink or go to the bathroom.
Cancellation and Refund of your Face to Face personal training service must be in writing and can be done by contacting ALL TRAFFIC. A fee of AUD$100.00 or the remainder of the account balance (if less than AUD$100.00) is payable to ALL TRAFFIC for service cancellations though ALL TRAFFIC will consider waiver of these fees on a case by case basis. Please Click Here to advise us of your cancellation and/or Refund request.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of these Sites, you warrant to ALL TRAFFIC that you will not use these Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.
You may not, without the prior written permission of ALL TRAFFIC, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on these Sites or accessed through these Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE PRODUCTS AND SERVICES OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL TRAFFIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL TRAFFIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR PRODUCTS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OR PRODUCTS OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITES OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCTS OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE PRODUCTS OR SERVICES.
LINKS TO THIRD PARTY SITES
These Sites may contain hyperlinks to web sites operated by parties other than ALL TRAFFIC, or its affiliates. Such hyperlinks are provided for your reference only. ALL TRAFFIC does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by ALL TRAFFIC to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the ALL TRAFFIC privacy policy is applicable only when you are on our Sites, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Sites for any purpose related to the Sites and the performance of the Services.
CHANGES TO SITES
ALL TRAFFIC may make improvements or changes in the information, services, products, and other materials on these Sites, or terminate these Sites at any time. ALL TRAFFIC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of these Sites shall be deemed your acceptance of the modified Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or these Sites shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law. Failure by ALL TRAFFIC to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between ALL TRAFFIC and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New South Wales, Australia. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
ALL TRAFFIC and other logos, product and service names are trademarks and service marks owned by or licensed to ALL TRAFFIC or its affiliates (the "Marks"). Without the prior written permission of ALL TRAFFIC or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
