TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of all websites, digital programs, content, courses, workshops, subscriptions, products, emails, social media content, and services (collectively, the “Services”) operated by FitnessFAQs Pty Ltd (ABN 23616220707) (“FitnessFAQs”, “we”, “us”, “our”).

By accessing the website or purchasing any product, you confirm that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree, you must not access or use the Services.

1. Nature of Services

FitnessFAQs provides digital fitness education programs and informational content delivered online.

All Services are educational in nature and are followed independently by users without supervision, assessment, or monitoring.

No personalised coaching, medical supervision, or physiotherapy services are provided unless explicitly stated in writing.

2. No Medical Advice

Nothing within the Services constitutes medical advice, diagnosis, treatment, rehabilitation services, or the practice of medicine.

You must consult a qualified healthcare professional before beginning any exercise or nutrition program.

You acknowledge that FitnessFAQs does not assess your individual health status.

3. Assumption of Risk

You acknowledge that participation in physical training, including strength training, calisthenics, stretching, mobility work, and cardiovascular exercise, involves inherent risks.

These risks include but are not limited to:

  • Muscle strains

  • Ligament or tendon tears

  • Joint injuries

  • Spinal injuries

  • Cardiovascular events

  • Permanent disability

  • Death

You voluntarily and knowingly assume all risks, whether known or unknown, associated with use of the Services.

4. User Responsibility

You are solely responsible for:

  • Determining whether the Services are appropriate for you

  • Ensuring safe performance of exercises

  • Using properly maintained equipment

  • Ensuring safe environmental conditions

  • Ceasing activity if pain, dizziness, or discomfort occurs

FitnessFAQs cannot control how you perform exercises or the conditions in which you train.

5. Release and Waiver

To the maximum extent permitted by law, you release and waive any claims against FitnessFAQs Pty Ltd and its directors, officers, employees, contractors, and affiliates arising out of or related to your use of the Services.

This includes claims arising in negligence, except where exclusion is prohibited by law.

Nothing in these Terms excludes liability that cannot be excluded under the Australian Consumer Law.

6. Limitation of Liability

To the maximum extent permitted by law:

(a) FitnessFAQs’ total liability for any claim shall not exceed the amount paid by you for the specific product giving rise to the claim.

(b) FitnessFAQs shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to lost income, lost profits, loss of opportunity, reputational harm, or data loss.

If applicable law does not permit certain limitations, liability is limited to the maximum extent permitted.

7. Class Action Waiver

You agree that any dispute shall be brought solely in your individual capacity and not as part of any class, collective, consolidated, or representative proceeding.

8. Indemnification

You agree to indemnify, defend, and hold harmless FitnessFAQs and its affiliates from any claim, demand, liability, loss, damage, or expense (including reasonable legal fees) arising from:

  • Your misuse of the Services

  • Your breach of these Terms

  • Your violation of applicable laws

  • Your negligent or improper performance of exercises

9. Equipment Disclaimer

FitnessFAQs does not manufacture exercise equipment.

We are not responsible for injury arising from:

  • Faulty or defective equipment

  • Improper installation

  • Equipment misuse

  • Equipment purchased from third parties

You are responsible for ensuring equipment is safe and suitable.

10. Payment Processing

All payments are processed through secure third-party payment processors, including but not limited to Stripe and PayPal.

FitnessFAQs does not store or process full credit card details. Payment information is transmitted directly to the relevant payment processor and is subject to that provider’s terms and privacy policy.

By making a purchase, you agree to be bound by the terms and conditions of the applicable payment processor.

FitnessFAQs is not responsible for:

  • Payment processor errors

  • Transaction failures

  • Delayed settlements

  • Fraudulent transactions

  • Bank declines

  • Technical service interruptions

  • Chargebacks initiated through your financial institution

All billing disputes must first be raised with FitnessFAQs before initiating a chargeback or payment reversal.

Initiating an unjustified or fraudulent chargeback may constitute a breach of these Terms. Where a chargeback is determined to be fraudulent or unjustified, FitnessFAQs reserves the right to recover associated administrative and processing costs.

11. Service Availability and Technology

We do not guarantee uninterrupted or error-free operation of the Services.

FitnessFAQs is not liable for:

  • Service interruptions

  • Platform outages

  • Third-party hosting failures

  • Data loss beyond our reasonable control

The Services are provided “as is” and “as available.”

12. Third-Party Services

We may use third-party providers including payment processors, hosting services, software platforms, and analytics providers.

We are not responsible for third-party acts, omissions, or service failures.

13. Results Disclaimer

Individual results vary.

Testimonials represent exceptional examples and do not guarantee similar results.

Outcomes depend on effort, consistency, genetics, and other individual factors.

14. Refund Policy

Digital products are delivered electronically and are non-refundable unless required by Australian Consumer Law.

Workshop registrations are non-refundable unless otherwise stated in writing.

15. Intellectual Property

All content, including programs, videos, graphics, branding, and trademarks, is the property of FitnessFAQs Pty Ltd.

You may not reproduce, distribute, modify, sell, or exploit content without written permission.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

17. International Users

FitnessFAQs operates from Australia.

By accessing the Services from outside Australia, you agree that Australian law governs any dispute to the maximum extent permitted by applicable law.

18. Dispute Resolution

Before commencing formal proceedings, the parties agree to attempt good-faith mediation.

If mediation fails, disputes shall be resolved exclusively in the courts of Victoria, Australia.

19. Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions remain in full force.

20. Modifications

We may update these Terms at any time. Continued use constitutes acceptance of changes.

21. Acceptance

You acknowledge that you have read and understood these Terms and agree to be legally bound by them.

You confirm that you voluntarily assume all risks associated with participation in physical training.

Contacting FitnessFAQs:

Any questions, comments, or issue with this webite should be addressed to support@fitnessfaqs.com