Terms & Conditions

NetFit Registration

The NetFit mobile applications and website, www.netfit.com.au are owned and operated by NETFIT INDUSTRIES PTY. LTD. (ABN 18 606 219 247) at Brighton, Victoria. “us”, “our”, “we” or “NetFit” is in reference to NETFIT INDUSTRIES PTY. LTD. (ABN 18 606 219 247)

All NetFit services and content are subject to copyright protection, they are licensed to the user only (NetFit member), and are not to be shared or transferred to any other person or 3rd party. This is including all services, web content, videos, and digital products provided on the website and/or mobile applications. To access any of the mobile applications and content supplied on the website, you must become a NetFit member, to be a NetFit member you must complete all details required in the registration process, including making a user name (email address) and password. It is the sole responsibility of the user to protect their user name and password, all access by your account details will be considered to be you. We reserve the right to temporarily suspend or terminate your membership at any time if any terms and conditions are violated. To be eligible to become a NetFit member you must be 16 years of age or above, and if 16 or 17 years old, you must have a parent or guardian to sign you up; it is the responsibility of the parent or guardian, to explain the terms of use to you, and by accepting the terms and conditions, they are declaring that you (the minor) understand and agree to these terms and conditions.


Payment

All payments for NetFit services and/or products are made through a 3rd party gateway, they will all be charged in AUD. These purchases include both tangible and intangible products and services. Your subscription is dependent on your initial payment and then your ongoing monthly payment. When signing up to be a NetFit member, you agree to choose a certain contract term; this will be the minimum amount of months before you can cancel your subscription. When agreeing to NetFit terms of use, you accept that we will be able to debit/access your financial details monthly for your ongoing payment until you cancel your subscription, which can only be done once your minimum subscription term is finished. All Payment gateways that we use are safe and secure, you have the ability to pay via debit card or credit card, all payment options are safe, and your details will only be stored on a secure server (Braintree a PayPal service). NetFit , along with the third party merchant that we use complies with the PCI DSS (Payment Card Industry Data Security Standards).

 

By choosing your payment option, debit or credit card, you are agreeing to the ongoing monthly use of these details. In order to access your details on a monthly bases, our 3rd party merchant facility (Braintree, a PayPal service) will securely store your financial details on their server, though these details will not be stored anywhere on our website. Once you have made your payment, we will email you a receipt, which we will send after each payment has been made. Payments are made using a secure 3rd party gateway, by accepting our terms of service you will agree to the 3rd party gateway’s terms of use also. Any loss or damage incurred as a result of using the NetFit Payment method will not be the responsibility of us and we do not accept any liability regarding this, unless caused by our fraud.

 

NetFit shall not be liable to any third party or you for any indirect, consequential, special, reliance, incidental, or exemplary damages occurring from or in any relations to this agreement or the NetFit payment services, whether foreseeable or unforeseeable, and whether based on breach of contract, breach of any express or implied warranty, misrepresentation, strict liability, in tort negligence, or other cause of action (including, but not limited to, goodwill, damages for loss of data, profits, use of money, investments, or use of facilities; interruption in use or availability of data; stoppage of other work or impairment of other assets; or labor claims), even if NetFit has been informed of the

 


Refunds & Returns

All payments are non-refundable, including any fees associated with said payments. One exception to this rule is that if the NetFit applications and website are down for longer than 3 days, during the member’s subscription term, in this case if NetFit, are unable to resolve this or supply members with the information services another way, the member may be approved for a refund. If a member is granted a refund for the above reason or for any other unforeseeable situation (at NetFit’s discretion) they agree that this may be the sole resolution.

Most services provided on the NetFit app and website are digital/intangible, there will be no return of this service (including because of a dissatisfaction of product), only a suspension or termination of your membership (NetFit discretion). You will receive physical goods/products on the commencement of your membership, if you have been permitted a refund, as a result of an unforeseen circumstance, in the first month of subscription (at NetFit discretion), you will be required to return the physical products that have been provided to you at the start of your subscription. As of the time of your first logon to your user profile, the physical products are considered as used products, therefore, the return of these products will be your sole responsibility, and you will bare any fees or cost that will be involved in returning the physical products to NetFit.


Physical Products (Start-up kits)

We do not accept any responsibility for any physical or mental harm, loss or injury that is affected, caused, or worsened as a result of using any NetFit Physical products, if anything does occur it is imperative that you seek medical attention immediately. If physical products received are damaged, faulty or to your understand not what was defined in sign up, please contact us at contact@netfit.com.au, and we will try to the best of our ability to resolve this issue. We reserve the right to change the products supplied to you, as a result of becoming a NetFit member, but we will only do so when we believe that these products are more relevant to your workout plan, or when they are of equal or better quality.


Health and Fitness

All fitness programs have been designed by our NetFit fitness professionals and experts, however, it is solely the responsibility of the individual to asses whether the fitness plan is relevant to them as an individual; it is important that before undergoing any fitness program to consult with a health professional to be sure that NetFit services are right for you. It is imperative that you understand your own limitation and/or fitness level, if any unforeseen changes in your mental or physical condition, you must consult a health professional straightaway. The NetFit program is in no way medical advice, it should not be used in attempt to avoid or heal any physical or mental harm, loss or injury. All/any NetFit supplied services may involve risks, including injury and/or death; the responsibility lies solely in the individual user in regards to any risks that are caused as a result of being involved in, following or relying on NetFit supplied services and/or products.

NetFit, being predominately an information service, with the exception of the products supplied on sign up, puts the sole responsibility on the individual user in choosing to follow or not follow the information supplied by NetFit, you understand that by following NetFit information and using NetFit supplied products, you are doing so at your own risk. Anyone with any of the below conditions, or that are unsure about any of the below conditions should seek advise from a medical professional before following any information supplied by NetFit:

  • Pregnant;
  • Breastfeeding;
  • Trying to conceive;
  • Any ongoing physical condition;
  • Still recovering or recently recovered from an injury;
  • Still recovering or recently recovered from an illness;
  • Suffering from cancer;
  • Suffering any long term illness;
  • Elderly Person;
  • Suffering from an eating disorder
  • Kidney Disease;
  • Liver Disease;
  • Renal Failure;
  • High or Low Blood pressure;
  • Diabetes, and
  • Cholesterol concerns

To the maximum extent permitted by law, we exclude any/all liability resulting from NetFit services, and/or being in connection with NetFit, in relations to any of the following:

  • Death
  • Physical Injury
  • Mental Injury
  • Diseases
  • Health or medical condition.

Nutrition Plan Guide

The nutrition plans supplied to you on your member’s page, have been designed by nutritionist professionals and experts, but are to be taken as a guide only. The NetFit nutrition programs do not take into account the individual user and any specific health concerns they may have. When following our nutrition plans, you should carefully assess the relevancy and accuracy of the nutrition plan in conjunction with your own personal health. Before relying on the information supplied by NetFit, or if you have any concerns you should consult a nutritionist or health professional.

The nutrition plan does not take into account any allergies, health problems (eg. Deficiencies, digestion), if you have any concerns about the nutrition plan, please contact us on live chat, or email contact@netfit.com.au, so we can offer you our advice on whether this plan is suitable for you. If you are pregnant or breastfeeding this nutrition guide is not designed for you, we suggest you contact a health professional.

Although we have supplied you with general vegetarian and vegan substitutes to our standard meal plans, these plans are not designed to be strictly followed by anyone with an alternative diet (eg. vegan & vegetarian). NetFit does not accept any responsibility in regards to any of the nutritional information provided on our site; you hold the sole responsibility for any injuries or loss that may occur as a result of following any information supplied on our website and applications.


Nutrition Calculator

The nutrition calculator is sourced from a third party supplier (http://www.fatsecret.com/), which by searching on our nutrition calculator supplied on the website, you accept the terms and conditions of the 3rd party supplier. NetFit does not warrant accuracy or relevance of all/any nutritional information provided through the nutrition calculator. If you would like to see further details please go to http://www.fatsecret.com/Default.aspx?pa=tnc.


Third Party Provider

All third party’s directly or indirectly associated with NetFit may use your information if necessary for the use of their product and/or service, but only PayPal (payment gateway) will store your personal information on their secure server.

NetFit does not accept any of the responsibility, in relations to any third party content/services that you may encounter as a result of being in connection with NetFit. For all third party content directly connected to NetFit, we suggest you read and understand that third party’s terms of use, and that by continuing to use the service provided by that third party you agree to their terms and conditions.

If you are signing up to NetFit services, then it is your responsibility that jurisdiction restrictions may affect the way your personal information is accessed, used and stored. The use of your information through a third party supplier is subject to that jurisdiction (may not be yours), which may have the ability to store or use your personal information differently to the jurisdiction you are located in at the time of use.


Terms & Conditions Amendments

NetFit reserves the right to unilaterally amend or change Terms and Conditions and state that any amendments or changes will be conveyed to the user through email immediately. Continued use of the service assumes that the user has read, understood and agreed to these new, amended or added to terms and conditions, and binds the user to these new terms. All information included in the terms and conditions and the NetFit website has the ability to be amended or added to through your contract term, this includes, all content, programs, prices, terms or use, purchase terms, product offerings and purchases. At all times, the current Terms and Conditions will be accessible on the NetFit website here.


Live Chat

Unless otherwise stated, all communications made through the live chat portal will be answered by a professional in the area in which your question is based, if there is not a qualified professional available at the time of the communications, a NetFit team member will consult one of the qualified professionals and advise in accordance with their recommendation. Although qualified in that said area, the information provided through live chat, like the information supplied through the website is supplied for an information basis only. Once again, NetFit holds no responsibility in your reliance on the information supplied to you, we may offer our opinion, but if you do have an injury, damage or loss of any sort, or have a concern about anything regarding your own physical or mental health it is your responsibility to seek advice from a medical practitioner.


Website quality

All content, including information, videos, emails and downloadable files supplied by or in connection with NetFit, is delivered on an “as-is” basis, in no way do we guarantee the it will be error-free, virus-free or uninterrupted. NetFit will do their best to ensure the quality of the applications and website, however, the information and videos supplied on these platforms can be reliant of the users connection speeds. Videos supplied on the NetFit apps and website are delivered through a third party supplier, therefore are reliant on them, not NetFit.

All NetFit services and content are subject to copyright protection, they are licensed to the user only (NetFit member), and are not to be shared or transferred to any other person or 3rd party. This is including all services, web content, videos, and digital products provided on the website and/or mobile applications. To access any of the mobile applications and content supplied on the website, you must become a NetFit member, to be a NetFit member you must complete all details required in the registration process, including making a user name (email address) and password. It is the sole responsibility of the user to protect their user name and password, all access by your account details will be considered to be you. We reserve the right to temporarily suspend or terminate your membership at any time if any terms and conditions are violated. To be eligible to become a NetFit member you must be 16 years of age or above, and if 16 or 17 years old, you must have a parent or guardian to sign you up; it is the responsibility of the parent or guardian, to explain the terms of use to you, and by accepting the terms and conditions, they are declaring that you (the minor) understand and agree to these terms and conditions.