Terms and Conditions Agreement for PregActive com.au
Please read through the terms and conditions carefully
Last updated: January 2019
Updates to this agreement. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms and Conditions” link on the Website. The revised terms and conditions will become effective upon posting and updated version on our website. It is your responsibility to read our terms and conditions agreement for any changes. Any use of the Website after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.
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PregActive Blog and News Site
Out PregActive blog is intended for educational purposes only. ALL Articles, video and content on our website are not intended to replace medical advice from your physician or healthcare professional. Before commencing any exercise program you should seek medical advice from your primary caregiver. Information on PregActive.com.au should be used as a guide only.
Disclaimer and Acceptance of Terms and Conditions
1. I agree to inform PregActive in writing of any change to my pregnancy or health prior to the commencement of a session. I also agree to inform PregActive of any condition that may affect my ability to engage in any class, program, physical activity or movement.
2. PregActive will not be held responsible in any way for circumstances / injuries that result directly or indirectly from PregActive classes. While we strive to ensure that each exercise or movement is performed in a correct manner there are some risks associated while exercising during pregnancy. Always consult your personal doctor on what you can and cannot do.
3. I give PregActive permission to contact at their discretion my emergency contact which may include my doctor or midwife should the need arise.
4. I acknowledge that it is my responsibility to inform my doctor / midwife that I am participating in the PregActive exercise program.
5. I understand the importance of arriving on time and completing the entire session. I acknowledge that if I arrive after the warm-up section of the class or wish to leave early, I will not be able to participate in the class and that the class will be forfeited.
6. If I breach any PregActive guidelines, rules and policies that I may be asked to leave the program.
7. I understand that fees and sessions are not refundable and not transferable to any under person unless permission is provided from PregActive.
8. In the instance of miscarriage and termination of pregnancy, I will provide a doctors letter confirming the loss of the pregnancy and will be able to choose to either return to use my sessions at any time with an extended expiry date OR transfer the sessions to a friend.
9. I agree that any booked class is not able to be rescheduled if less than 24 hours’ notice before the commencement of the class start time. It is not guaranteed that a class can be rescheduled, only if there are available places in another class. No transfers to the following term are provided.
10. PregActive reserves the right to vary the prices / terms and conditions/ venues/ class format. Notice of changes may be made to you via email or personally delivering the notice to you.
11. I have agreed to pay online via paypal for each of my PregActive classes.
12. I understand that musculoskeletal conditions including but not limited to pelvic instability, pelvic girdle pain, lower back pain, sacroiliac joint pain, pelvic floor conditions and Pubic symphysis pain are common in pregnancy. I understand that PregActive modifies the classes accordingly once informed by myself that I have/might have any such condition.
13. I have read the above statements and agree to and accept all terms & conditions. I release PregActive from all claims.
14. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PREGACTIVE.COM.AU, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PREGACTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PREGACTIVE.COM.AU SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PREGACTIVE.COM.AU WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PREGACTIVE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PREGACTIVE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREGACTIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PREGACTIVE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PREGACTIVE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PREGACTIVE.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in Australia. PregActive makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own violation and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia.