Terms and Conditions

Men’s Health Metashred Online Fitness Program

1.1 Application

These terms apply to the provision of the Men’s Health Metashred Online Fitness Course by Pacific Magazines and the New You Group to the Client on the Online Platform.

1.2 Acceptance

The Client confirms their acceptance of these terms by signing up to the course hosted by The New You Group on behalf of Pacific Magazines.

1.3 Restrictions on use

The Men’s Health Metashred Online Fitness Course is owned by Pacific Magazines Ltd. You are permitted to use the Online Platform for your own personal use.  Pacific or its Associated Entities are either the owner or licensed user of the intellectual property in the Online Platform and the content delivered to you via the Online Platform. You acknowledge that the Online Platform contains third party software and third party content.  You must not copy, reproduce, adapt, exploit, issue or broadcast this material without the prior written consent of Pacific. You must not transmit, or attempt to transmit, any data, code or other material of any kind to or via the Online Platform which contains a virus or other harmful component.

You agree that you may not (a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, or  permit access to the Online Platform (including all software and content contained in or accessible via the Online Platform), except to the extent you are explicitly authorized to do so under these Terms; (b) copy, reproduce, modify, change, alter or update the Online Platform or any part thereof; (c) access, reverse engineer, decompile, translate, adapt, disassemble, decrypt or otherwise use any process to discover the source code of any software contained in the Online Platform;  (d) use a proxy server or any other technology to intercept, store or divert any output of the Online Platform; (e) remove, alter or modify any identifying mark, copyright, or other proprietary notice of Pacific or its licensors from the Online Platform.

If you are under 18 years of age, you must obtain your parent or legal guardian’s consent to access and use the Online Content and our services offered on the Course.

1.4 Information on the Online Platform

The information provided on the Online Platform is for informational purposes only and does not create a business or professional services relationship between you and Pacific Magazines Pty Limited (“Pacific”) or any Related Body Corporate (“Associated Entities”). The information on the Online Platform is provided “as is” and is subject to change without notice. No representation or warranty, express or implied, is made in relation to the accuracy or completeness of the information expressed in the Online Platform. While the information is provided in good faith, to the maximum extent permitted by law, Pacific and its Associated Entities exclude any liability in relation to the accuracy, completeness or timeliness of the information.

1.5 Links

The Online Platform may contain links to Online Platforms. Pacific and its Associated Entities provide such links for your convenience only, and have not tested any software or verified any information found on such sites. The fact that the Online Platform has provided a link to an Online Platform does not signify an endorsement of the site or its contents by Pacific or its Associated Entities. You access such links and linked sites at your own risk.

1.6 Data Usage

Not all broadband plans are suitable for you to stream content.  To stream video via the Online Platform you need a minimum speed of 3Mbps.  You are responsible for checking with your internet service provider as to whether your plan is suitable.

You are responsible for paying for your personal broadband connection, including any data charges.

The content you stream via the Online Platform may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.

Streaming quality varies depending on broadband connection speed.  The Online Platform uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have.  However, we are not responsible for buffering which may occur if your broadband plan is not suitable (ie: does not have the minimum speed of 3Mbps).

1.7 Privacy Policy

Pacific and its Associated Entities are collecting your personal information for the purpose of establishing and administering your access to the Online Platform (along with any future service we provide and which requires logging in), providing you information, facilitating our supply of goods and/ or services to you (where applicable) and for the purpose of understanding our audiences. If you use your Facebook ID or Google ID to log into this Online Platform, you also consent to us collecting your personal information (such as your public profile including name and email address) from Facebook or Google (as applicable) for these purposes.  Pacific will otherwise handle your personal information in accordance with Pacific’s Privacy Policy which is available at www.sevenwestmedia.com.au/privacy (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information).  By logging in, and where you elect to provide us with additional information about you and your interests from time to time, you agree to the terms of the Privacy Policy.  Without limiting the foregoing, Pacific may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Pacific.  In addition, by logging in to access the service on the Online Platform, and where you elect to provide us with additional information about you and your interests from time to time, you consent to Pacific using your personal information for the purpose of Pacific and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners.  We will always provide you with the ability to opt out of those communications. You also agree that we may use proprietary measurement software in the Online Platform which will allow users to contribute to market research or audience ratings services.

1.8 Cost

To access the Men’s Health Metashred Online Fitness Course, the Client must pay a Course Fee to Pacific Magazines through the Online Platform. Details of the payment terms are set out in Section 3 of these Terms and Conditions.

1.9 Marketing and advertising

By signing up to Men’s Health Metashred Online Fitness Course, the Client consents to receive marketing communications from Pacific Magazines at various times. The Client also acknowledges there may be advertising displayed as part of the Online Platform, providing you information regarding products and services.  This advertising may be in the form of display advertising on the Online Platform, and/ or pre-roll advertising (which appears before you start watching content), and/ or mid-roll advertising (which appears during your viewing of the content).

1.10 Opt-out

You may opt out from receiving marketing communications from Pacific Magazines at any time by clicking the “unsubscribe” button in emails, or by contacting Pacific Magazines at info@metashred.com.au

1.11 Term

The Term of the Men’s Health Metashred Online Fitness Course is from 12:01am 01 November 2017 to 11:59pm 30 October 2018. At the end of the Term, the Client will no longer have access to the Men’s Health Metashred Online Fitness Course or the Online Platform.

1.12 Authority to Amend

No person other than a director of Pacific Magazines or The New You Group has authority to amend, vary or waive these Terms and Conditions on behalf of Pacific Magazines or The New You Group.

1.13  Interpretation

Capitalised terms used in these Terms and Conditions have the meaning given in clause 10 unless the context otherwise requires.

2.0 Supply of Services

2.1  Restriction

The New You Group does not agree to provide Men’s Health Metashred Online Fitness Course to any person who is not resident in Australia.

2.2  Warranty

A person who registers to the course warrants that they are resident in Australia.

3.0 Registration and payment

3.1 Registration and payment

(a)  The Client may register to participate in the Men’s Health Metashred Online Fitness Course by completing the Booking Form and making payment of the Course Fee to Pacific Magazines through the Online Platform.

(b)  The Client will pay the Course Fee at the time of completing the Booking Form in order to access the Men’s Health Metashred Online Fitness Course.

(c)  The Client will not have access to the Online Platform until it has made payment of the Course Fee in full to Pacific Magazines

(d) Submission of the Booking Form creates no obligation on The New You Group to provide Men’s Health Metashred Online Fitness Course to the Client. If The New You Group does not agree to proceed with supplying access to the course in after the Sign Up Form has been completed, it will refund the relevant Course Fee to the Client.

3.2  Confirmation

(a)  If the Client registers for the Course by completing the Booking form and paying the Course Fee through the Online Platform, The New You Group will issue a Confirmation to the Client by email.

(b)  The Confirmation will include details of the Course, including:

(i)  access details to the Online Platform;

(ii)  instructions for the Client’s participation in Men’s Health Metashred Online Fitness Course, including details of the Online Platform.

 

3.3  Course provider

The Client acknowledges and agrees that access to a specific provider mentioned in the Online Platform or the Confirmation in person or on-line is not guaranteed.

3.4  GST

(a)  The parties acknowledge and agree that all Course Fees are exclusive of GST unless otherwise stated.

(b)  If GST is imposed on any supply made by The New You Group pursuant to these Terms and Conditions, subject to The New You Group providing a valid tax invoice, the Client must pay, in addition to any fees for such supply (unless those fees already include GST), an additional amount equivalent to the GST payable.

3.5 Refund

By registering you agree to the payment of our fees for access to the service.  All fees are non-refundable (including in circumstances where we terminate your access to the Site as a result of you breaching these Terms or where the Site may be unavailable for unforseen technical difficulties) other than in circumstances where we are required by law to provide you with a refund, following a valid written request from you.

4.0 Course

(a)  The Course entitles the Client to access Men’s Health Metashred Online Fitness Course via the The New You Group Platform.

(b)  The Online Platform will only be accessible to the Client during the Term. All content on the Online Platform is available from the commencement of the course and all downloadable content associated with the Course will cease to be accessible on expiry of the Term.

(c)  If for any reason the designated Online Platform is unavailable, The New You Group will use its best endeavours to provide an alternative platform via which Men’s Health Metashred Online Fitness Course Course will be conducted.

(d)  The Client is responsible for ensuring that it has the necessary technical capacity, including internet access, to use the Online Platform.

(e)  Pacific Magazines and The New You Group does not promise that the Online Platform will be error-free or uninterrupted. The Online Platform and its content are delivered on an “as-is” and “as-available” basis. Pacific Magazines and The New You Group cannot ensure that files the Client downloads from the Online Platform will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from Pacific Magazines or The New You Group cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of The New You Group control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Online Platform.

5.0 Disclaimer

5.1 Client Obligations

(a) Before beginning any new diet or fitness regime, consult with an appropriate health care professional, particularly if you have any existing health issues or injuries. You should immediately discontinue and seek medical advice if you feel pain, discomfort or any other sign of illness or injury.

(b) The client must evaluate and bear all risks associated with use of any content on the Site, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that participating in the Course carries risks, including risk of serious injury, and that you use the Site and rely on material contained in the Site solely at your own risk.

(c) You acknowledge the advice on this Site is general in nature and may not be appropriate for you.  Certain aspects of the Men’s Health Metashred Online Fitness Course require a certain level of fitness, or may otherwise not be appropriate for your particular circumstances. The information on this site is not intended for use by children, pregnant or breastfeeding women, individuals who are elderly, significantly overweight or have any existing health issues or injuries. You are responsible for making your own inquiries and seeking advice from an appropriate health care professional where appropriate before acting on any information or material on the Site.

5.2 Suitability of Services

To the maximum extent permitted by Law, the Client acknowledges and agrees that:

(a) Pacific Magazines and The New You Group do not warrant or guarantee any outcomes, or the suitability of, Men’s Health Metashred Online Fitness Course for any purpose;

(b)  any information provided by Pacific Magazines or The New You Group is general in nature and not to be taken as legal, financial, health or insurance advice, and the Client will:

(i)  seek independent advice from a suitably qualified advisor or institution before implementing or applying any of the information provided by Pacific Magazines or The New You Group; and

(ii)  indemnify Pacific Magazines and The New You Group from and against any loss or damage arising as a result of the Client’s failure to obtain independent advice in accordance with clause 5.2(b)(i).

5.3 Release

The Client acknowledges and agrees that Pacific Magazines and The New You Group are not liable for, and the Client releases Pacific Magazines and The New You Group from any Claims relating to:

(a)  any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during Men’s Health Metashred Online Fitness Course;

(b)  any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of Men’s Health Metashred Online Fitness Course; or

(c)  any reliance on any information, document, advice or other materials provided by Pacific Magazines or The New You Group on the Online Platform or the Online Platform or in connection with the Men’s Health Metashred Online Fitness Course.

5.4 Exclusion of liability

Except as expressly set forth herein, you expressly acknowledge that the Online Platform is provided ‘as is’ and any download of or use by you of the Online Platform is at your own risk.

To the maximum extent permitted by law, in no event will Pacific or its Associated Entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Online Platform, any linked site, the downloading of any software or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Pacific or its Associated Entities are advised of the possibility of such damages, losses or expenses.

Nothing in these Terms removes or limits any rights that you have under existing laws or regulations and codes, including under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and the various State and Territory fair trading laws, including for example that the services provided under these Terms are provided with due care and skill and the goods are fit for the purpose for which they are supplied and are of merchantable quality.
To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied are expressly excluded. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Pacific’s option to replacement or resupply of goods or services or payment for the same.

6.0 Indemnity

The client agrees to indemnify all directors, employees, agents and contractors of Pacific Magazines and the New You Group, from all losses, expenses, damages and costs which arise out of your use of the site.

7.0 Australian Consumer Law

(a)  Nothing in these Terms and Conditions, except as expressed otherwise in clause 7(b), will be construed as excluding, restricting or modifying any Consumer Guarantee.

(b)  Pacific Magazines and The New You Group’s liability to comply with a Consumer Guarantee is limited, at the sole discretion of Pacific Magazines and The New You Group, to supplying the service again.

8.0 Intellectual Property

(a)  The Client acknowledges and agrees that Pacific Magazines will retain ownership of all Intellectual Property created as a result of or in connection with the Men’s Health Metashred Online Fitness Course.

9.0 Confidential Information

A Recipient must not use or disclose the Discloser’s Confidential Information unless:

(a)  the Discloser gives its written consent to disclosure or use of the information;

(b)  the use or disclosure is required by law; or

(c)  the use or disclosure is required for the purpose of performing Men’s Health Metashred Online Fitness

Course.

10.0 Definitions

10.1 Definitions

In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:

Term:  Definition:
 ACL the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day a day which is not a Saturday, Sunday, public or bank holiday in Claim
 Claim includes any allegation, action, demand, cause of action, suit or proceeding,  howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
 Client the person who signs up for the course is named as the Client in the Confirmation.
Confidential Information                      information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to Men’s Health Metashred Online Fitness Course and which:

(a)  is communicated by the Discloser as being confidential;

(b)  is by its nature, confidential;

(c)  relates to the business affairs or operating processes of the Discloser; or

(d)  the Recipient knows or ought to know is confidential,

but does not include information which:

(e)  is already known by the Recipient without breach of any obligation of confidentiality; or

(f)  is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.

 Confirmation                                                the Course enrolment confirmation issued by The New You Group for a Men’s Health Metashred Online Fitness Course Package in accordance with clause 3.2
Consumer a customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of Men’s Health Metashred Online Fitness Course.
Consumer Guarantee a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Corporations Act Corporations Act 2001 (Cth).
Intellectual Property                                                                                          trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
Law any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
Online Platform the online platform on which the Men’s Health Metashred Online Fitness Course is provided as set out in the Confirmation or any substantially equivalent platform notified by The New You Group to the Client from time to time.
The New You Group The New You Group 36 115 619 764  ACN: 00 115 619 764
Pacific Magazines Pacific Magazines Ltd ABN

16 097 410 896

Privacy Policy Pacific Magazines’ Privacy Policy published on the Online Platform, as amended from time to time.

 

10.2 Governing Law

These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.

The Online Platform is not intended for use by any entity or person in any country or jurisdiction where such distribution or use would be contrary to that country’s or jurisdiction’s laws or regulations. Where distribution or use of a specific page or information on the Online Platform would contravene local laws or regulations in any jurisdiction or country, those pages or information are deemed to be deleted for the purposes of use in that country or jurisdiction.

11.0 Amendments

From time to time Pacific may make amendments to these Terms and Conditions. We will notify you about such amendments by posting an updated version on the Online Platform.