Dr. Fitology
Terms of Use, Conditions, and Disclaimer
These Terms and Conditions ("Terms") govern your access to and use of the Dr. Fitology website ("Website"), mobile application ("Mobile App" or "App"), and purchase services ("Purchase Services") provided by Adrian Salavaty, with the Australian Business Number (ABN) 73 595 767 988 and a business address in Melbourne, VIC, Australia.
Please read the following terms of use, conditions, and disclaimer ("Agreement") carefully before accessing or using the Dr. Fitology Website (www.DrFitology.com), Mobile App, and Purchase Services. By accessing or using the Website, App, and Purchase Services, you acknowledge and agree to the terms and conditions outlined in this Agreement. If you do not agree with these terms, you should refrain from accessing or using the Website, App, and Purchase Services.
Scope of Services:
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(a) The Dr. Fitology Website, Mobile App, and Purchase Services provide several fitness services, including workout/exercise and nutrition plans, workout/exercise and nutrition consultation sessions, online programs and challenges related to fitness and nutrition, and a blog that provides fitness and nutrition content. Please review the complete Terms of Use, Conditions, and Disclaimer of Dr. Fitology's blog.
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(b) The services provided by Dr. Fitology are designed by Adrian Salavaty ("Adrian Salavaty" or "I") and are intended for informational and educational purposes only.
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(c) Adrian Salavaty is not a licensed healthcare professional, and the services provided do not constitute medical advice. Clients and users of the Website, App, and Purchase Services should always seek guidance from their healthcare professional before starting any new exercise or nutrition program.
Use of Services:
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(a) Clients and users must provide accurate and complete information when using the services provided by Dr. Fitology.
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(b) Clients and users acknowledge that participation in any exercise or nutrition program carries inherent risks and that they assume full responsibility for any injuries, damages, or other adverse effects that may arise from using the services provided by Dr. Fitology.
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(c) Clients and users should consult with their healthcare professional before starting any new exercise or nutrition program, especially if they have pre-existing medical conditions or are taking any medications.
Assumption of Risk:
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(a) Clients and users understand and accept that engaging in physical exercise and following nutritional guidelines carries inherent risks, including but not limited to physical injury, illness, or even death.
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(b) Clients and users acknowledge that the workout and nutrition plans, online programs and challenges, and other services provided by Dr. Fitology may involve strenuous physical activity and dietary changes, which may not be suitable for everyone. It is the client's and user's responsibility to assess their own physical condition and limitations.
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(c) Clients and users agree to assume all risks associated with using the services provided by Dr. Fitology and release Dr. Fitology, Adrian Salavaty, and their respective affiliates, employees, agents, and representatives from any liability for any injuries, damages, or losses that may occur as a result of their participation.
Limitation of Liability:
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(a) To the fullest extent permitted by law, Dr. Fitology, Adrian Salavaty, and their respective affiliates, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the services provided by Dr. Fitology, including but not limited to injury, loss of data, loss of profits, or any other damages.
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(b) Dr. Fitology, Adrian Salavaty, and their respective affiliates, employees, agents, and representatives shall not be responsible for any errors or omissions in the services provided or for any actions taken by clients and users based on the information provided.
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(c) The total liability of Dr. Fitology, Adrian Salavaty, and their respective affiliates, employees, agents, and representatives, whether in contract, warranty, tort (including negligence), or otherwise, shall be limited to the amount paid, if any, by the client or user for the services provided.
Indemnification:
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Clients and users agree to indemnify, defend, and hold harmless Dr. Fitology, Adrian Salavaty, their affiliates, employees, agents, and representatives from any claims.
About Purchase Services:
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(a) The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by granting you access to the content on the Website (the 'Purchase Services').
(b) The Purchase Services are operated by Adrian Salavaty. Access to and use of the Website, Mobile App, or any of its associated Products or Services, is provided by Adrian Salavaty. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, Mobile App, or engaging in the Purchase Services, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, Mobile App, and Purchase Services immediately.
(c) Adrian Salavaty reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dr. Fitology (Adrian Salavaty) updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms:
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(a) You accept the Terms by remaining on the Website, Mobile App, or engaging in the Purchase Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dr. Fitology (Adrian Salavaty) in the user interface.
Registration to use the Purchase Services:
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(a) In order to access the Purchase Services, you must first register as a user of the Website or Mobile App. As part of the registration process or continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Full Name
Email Address
Shipping Address
Phone Number
(b) You warrant that any information you give to Dr. Fitology (Adrian Salavaty) in the course of completing the registration process will always be accurate, correct, and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website or Mobile App ('Member') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
You are not of legal age to form a binding contract with Dr. Fitology (Adrian Salavaty); or
You are a person barred from receiving the Purchase Services under the laws of your country of residence.
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Your obligations as a Member:
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As a Member, you agree to comply with the following:
(i) You will use the Purchase Services only for purposes that are permitted by:
The Terms;
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Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
(ii) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.
(iii) Any use of your registration information by any other person or third parties is strictly prohibited. You agree to immediately notify Dr. Fitology (Adrian Salavaty) of any unauthorized use of your password or email address or any breach of security of which you have become aware.
(iv) Access and use of the Website, Mobile App, and Purchase Services are for your personal, non-commercial use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
(v) You must not use the Purchase Services in any manner or for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable laws and regulations when using the Website, Mobile App, and the Purchase Services.
(vi) You must not use the Website, Mobile App, or the Purchase Services in any way that causes, or may cause, damage to the Website, Mobile App, or impairment of the availability or accessibility of the Website or Mobile App or in any way that is unlawful, illegal, fraudulent, or harmful.
(vii) You must not use the Website, Mobile App, or the Purchase Services to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
(viii) You must not conduct any systematic or automated data collection activities, including scraping, data mining, data extraction, or data harvesting, on or in relation to the Website, Mobile App, or the Purchase Services without Adrian Salavaty's express written consent.
(ix) You must not use the Website, Mobile App, or the Purchase Services to transmit or send unsolicited commercial communications.
(x) You must not use the Website, Mobile App, or the Purchase Services for any purposes related to marketing without Adrian Salavaty's express written consent.
Payment, Pricing, and Delivery:
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(a) The prices of the Products listed on the Website and Mobile App are displayed in the currency specified and are subject to change at any time without notice.
(b) Payment for Products purchased through the Website or Mobile App must be made through the payment methods provided. Adrian Salavaty may add or remove payment methods at its sole discretion.
(c) In addition to the purchase price of the Products, you may be required to pay delivery fees and any applicable taxes, including goods and services tax (GST), value-added tax (VAT), or any similar tax imposed by applicable law.
(d) Adrian Salavaty reserves the right to refuse or cancel orders if there has been an error in the pricing or description of the Products on the Website or Mobile App. In such cases, Adrian Salavaty will provide a full refund of any amounts already paid.
(e) Adrian Salavaty will use reasonable endeavors to ship the Products to the address specified by you during the checkout process. However, Adrian Salavaty does not guarantee any specific delivery timeframe and shall not be liable for any delay in delivery.
(f) Risk and title in the Products pass to you upon delivery of the Products to the carrier. Adrian Salavaty is not responsible for any loss, damage, or theft of the Products after they have been delivered to the carrier.
(g) You are responsible for providing accurate and complete shipping information. Adrian Salavaty is not liable for any loss or damage arising from incorrect or incomplete shipping information provided by you.
Refunds and Returns:
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(a) Adrian Salavaty provides a refund or replacement for faulty or damaged Products in accordance with its Refund Policy, which is available on the Website and Mobile App.
(b) If you wish to request a refund or return, you must notify Adrian Salavaty within [number of days] days of receiving the Products.
(c) Refunds will be issued using the original payment method, and return shipping costs may be your responsibility unless otherwise specified in the Refund Policy.
Intellectual Property:
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(a) The Website, Mobile App, and all intellectual property rights in them (including but not limited to copyright, trademarks, patents, and designs) are owned by Adrian Salavaty.
(b) You may not copy, reproduce, modify, distribute, display, perform, or transmit any part of the Website, Mobile App, or any associated material without the prior written permission of Adrian Salavaty.
(c) By submitting any content (including but not limited to text, images, videos, or comments) to the Website or Mobile App, you grant Adrian Salavaty a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website, Mobile App, and Adrian Salavaty's business.
Termination:
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(a) Adrian Salavaty may, at its sole discretion, suspend or terminate your access to the Website, Mobile App, and Purchase Services at any time without notice or liability.
(b) Upon termination, all rights and licenses granted to you under these Terms will immediately cease, and you must cease all use of the Website, Mobile App, and Purchase Services.
Governing Law and Jurisdiction:
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These Terms are governed by and construed in accordance with the laws of Australia, where Adrian Salavaty operates the Website and Mobile App.
Contact Information:
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If you have any questions or concerns about these Terms or the services provided by Dr. Fitology, you can contact Adrian Salavaty at the following:
Email: info [at] drfitology [dot] com
Address: Melbourne, VIC, Australia
By accessing or using the Dr. Fitology Website, Mobile App, and Purchase Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.