The Fitstop 6WC Challenge (6 Week Challenge)
Fitstop Australia PTY LTD, ABN 64 167 897 387, (“the Promoter”).
QLD, VIC, NSW, WA, TAS
The Promotion starts Saturday 30 October 2021. The Promotion closes Saturday 11 December 2021. The promotion is available to only currently active members.
Fitstop Challenge Terms and Conditions
By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian. These terms apply to the use of this website/application, including the use of the information services provided through this website/application. Upon registration as a member, you will be able to access the challenge using your unique ID (mobile phone number). You are entirely responsible for any access to your account. If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Fitstop is entitled to suspend or terminate your use of the website/application or membership at any time if Fitstop considers that you have brought, or may bring, the reputation of Fitstop or its members into disrepute. If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this website/application and ensure compliance with these terms.
Conditions of use of website/application
Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the website/application is intended to be used as medical advice and the website/application is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the website/application, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Information provided on website/application
To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this website/application or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the website/application. You should not rely on this information as a substitute for, or replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you have read on this site. The use of any information provided on this site is solely at your own risk.
Before relying on any nutritional information on the website/application, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the website/application, or its associated forums, without written consent from Fitstop. If in the opinion of the Fitstop members or third parties are engaged in advertising, promotion or providing advice to other participants of the website/application, then Fitstop reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the website/application.
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause , in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the website/application, any linked website/application, your reliance on any information obtained through the website/application or your use of any services on the website/application, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
(a) if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
(b) if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
In conjunction with the nutrition guide and advice provided on the website/application, we recommend that you exercise regularly. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website/application. The information on the website/application may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the website/application:
(a) Pregnant women and women who are breastfeeding or who are trying to conceive a child
(b) Persons with any ongoing physical condition
(c) Persons suffering from cancer or other long term illness
(d) Persons with liver disease, kidney disease, or renal failure
(e) Persons with eating disorders
(f) Persons with diabetes, blood pressure or cholesterol issue
(g) Elderly persons
(h) Persons recovering from or recently recovered from illness or injury; and
(i) Persons with a low body mass index
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the website/application is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that is included as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the website/application and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the website/application.
Unless otherwise indicated and except for any functionalities provided by external websites/applications, copyright in this website/application (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us. All names, logos and trademarks on this website/application are the property of their respective owners. Nothing on the website/application should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this website/application and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this website/application may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.The following are examples of conduct that are not authorised by these terms:(a) publishing or posting any of the content (such as recipes or exercise programs) on any other website/application, but excluding your personal social media pages;(b) using the logo or trademarks of this website/application, the phrase Fitstop (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);(c) registering or maintaining any social media pages or website/applications that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and(d) systematic downloading or scraping of content of the website/application.
The website/application (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the website/application to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Fitstop members, we will provide additional notice to you at the time that you access the website/application following any variation.
Fitstop Australia PTY LTD, ABN 64 167 897 387, (“the Promoter”), is not liable for any prizes given/awarded to any members participating in the challenge. The prizes and criteria to award winners for challenges are at the discretion of the individual location.
Personal Information Collection Notice
Severance & Termination
Fitstop may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason.If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
These terms are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.