Terms and Conditions of Use
General
This Website (www.xtp.com.au) is operated by Xercise Training Programs – XTP (ABN 40 446 225 699), a company incorporated under the law of Australia. Your access to the Website and the products and services offered through this website are subject to these Terms of Use.
This Website is available for you to access conditional on your acceptance without alteration of the Terms of Use set out below.
Intellectual Property Rights - Copyright
The material on this Website is protected under the Copyright Act 1968 (Commonwealth of Australia) and, where applicable, the Trade Marks Act 1995.
You may use this Website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright and other legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this Website, or create any other material using material on this Website, without obtaining the prior written consent of XTP.
Terms and Conditions for the Sale of Goods and Services
These Terms and Conditions apply to the purchase of goods and services over the www.xtp.com.au website (the "Website"). In using this Website for these or any other purposes, you agree to be bound by these Terms and Conditions, If you do not accept these Terms and Conditions, you must refrain from using the Website. These Terms and Conditions must be read in conjunction with the general Terms of Use for this Website located here.
Amendments to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time.
Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Ordering Procedure
You may offer to purchase goods described on this Website for the price specified on this Website.Your order must contain your name, email address, credit card details and any other ordering information specified on this Website.You may not cancel an order once it has been submitted. Delivery of the goods to you will be effected in the manner described on this Website.No refunds will be given for lost or damaged goods however goods will be replaced on return of damaged goods at no additional charge to you.Payment must be effected in the manner described on the Website. Prices are inclusive of Australian goods and services tax (GST).
Privacy Policy
The statement below outlines our privacy program, however as we expand our services, we may update our privacy policy, but our ultimate goal of protecting our users' privacy will remain. Protecting your privacy and your personal information is an important aspect of the way the XTP organises and implements our activities, online and offline. Our Privacy Policy supports and endorses the state and national privacy regimes. The XTP website is not set up to automatically collect personally identifiable information from each visitor to our website. We will only collect personal information from you with your prior knowledge and consent. You can access the XTP website without disclosing personal information.The following section covers use of specific user information by XTP: Use of IP Addresses. An IP (Internet Protocol) address is your computer's Internet address. We use your IP address to help diagnose problems with our server, and to administer the Application. Your IP address is used to help identify you and to gather broad demographic and geographic information. Login Session. The Application may use cookies to keep track of your login session. Cookies are small pieces of information stored on your hard drive, not within the Application. We use cookies to deliver content specific to your interests and to customize the content and/or layout of the Application for you.
Security
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Xercise Training Programs uses industry standard Secure Socket Layer (SSL) encryption through eSec Payments Gateway powered by SecurePay to ensure the highest security for credit card and personal details submitted to XTP over the Internet. Depending on the browser version that you are using, your personal information will be encrypted by your computer at 40, 56 or 128 bit key encryption before it is sent to the XTP.
How we handle email
If you subscribe to any services on the site then your email address and other personal information you may provide will be maintained on our mailing list. It will only be used for the purpose for which you have provided it and will not be added to any other mailing list - unless you have given specific permission as part of the requested service. Your email address is confidential. We will not use or disclose your e-mail address to any third party without your explicit consent, nor will you get any unsolicited bulk email.
Links to other Web sites
This Website contains links to websites owned and operated by third parties and which are not under the control of XTP ("Third Party Websites"). In relation to Third Party Websites, XTP:provides the links to the Third Party Websites as a convenience to you and the existence of a link to the Third Party Websites does not imply any endorsement by XTP of the linked Third Party Websites.
makes no warranties as to the accuracy of or efficiency of, and accepts no liability in relation to, material contained on Third Party Websites.
Disclaimer, Limitation of Liability and Indemnity
Discaimer
All information, articles, instruction, fitness programming, and advice by xtp.com.au are designed to help you make informed decisions about your health and fitness. In no way should any information thereby obtained at this web site be used as a substitute for your doctor's advice or treatment. We strongly recommend consulting your doctor before beginning any exercise program. You should understand that participation in any exercise program represents the possibility of injury and agree that any information, instruction or advice obtained from xtp.com.au will be used at your own risk. By accepting the terms of this agreement you agree to release and discharge xtp.com.au from any and all responsibilities or liabilities from injury arising from your participation in any exercise program or advice obtained at this web site.You should never disregard medical advice or delay in seeking it because of something you see or read in the Application. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Application. If you engage in any exercise program you receive through the Application, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge XTP from any and all claims or causes of action, known or unknown, arising out of XTP's negligence. You agree to indemnify and hold harmless XTP for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services you receive through the Application.
Limitation of Liability
XTP is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Application, related services and/or content, or information contained within the Application. Your sole remedy for dissatisfaction with the Application and/or related services is to stop using the Application and/or those services.
Indemnity
You agree to defend, indemnify, and hold XTP, its officers, directors and employees, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the terms and conditions of this User Agreement.
Children's Guidelines
The Application is not directed to children under the age of fifteen (15), and XTP makes its best efforts to prohibit registration by children under the age of fifteen (15). We will not knowingly collect personally identifiable information from children under the age of fifteen (15). If a child identifies himself/herself through the registration process to be under the age of fifteen (15), XTPwill not knowingly allow the child to register for the Application or to have access to the Application.
Governing Law
These Terms and Conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.