About the Website

(a)  Welcome to www.amythompsonrecomp.com (Website). The business provides Nutrition Plans, Weight Training Programs and Coaching services in person and online via the Amy Thompson Coaching app (Services).

(b)  The Website is operated by Amy Thompson Coaching. Access to and use of the Website, or any of its associated Products or Services, is provided by Amy Thompson Coaching. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, or by completing a payment authorisation link, or paying an invoice, this signifies 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, or any of Services, immediately.

(c)  Amy Thompson Coaching reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Amy Thompson Coaching updates the Terms, it will use reasonable endeavours 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

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Amy Thompson Coaching in the user interface.

To use the Services

(a)  In order to access the Services, you must first sign up for a Service via the Website, or in person.

(b)  As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself depending on the Service you sign up for, which may include: your name, phone number, email, address, address, date of birth, height, weight, body measurements, photos, nutrition and training background, medical history.

(c)  You warrant that any information you give to Amy Thompson Coaching in the course of completing the registration process will always be accurate, correct and up to date.

(d)  Once you have completed the registration process, and depending on your preferred payment method, you will be emailed either a payment authorisation link in order to set up periodic direct debits, or an invoice to make an up-front payment. In signing the payment authorisation, or by paying an invoice, you will become a Client of Amy Thompson Coaching and agree to be bound by the Terms. (e) You may not use the Services and may not accept the Terms if:

(i) you are not of at least 18 years age to form a binding contract with Amy Thompson Coaching; or

(ii)  you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services;

(iii)  you have been advised using the services by a medical professional.

Your obligations as a Client

(a) As a Client, you agree to comply with the following:

(i)  you will use the Services only for purposes that are permitted by:

(A)  the Terms; and

(B)  any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)  you agree to be bound by the terms and conditions of the app;

(iii)  you have the sole responsibility for protecting the confidentiality of your password and/or email address used to access the Services via the app. Use of your password by any other person may result in the immediate cancellation of the Services;

(iv)  any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Amy Thompson Coaching of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(v)  access and use of the Services is limited, non-transferable and allows for the sole use of the Services by you for the purposes of Amy Thompson Coaching providing the Services;

(vi)  you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Amy Thompson Coaching;

(vii)  you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(viii)  Appropriate legal action will be taken by Amy Thompson Coaching for any illegal or unauthorised use of the Website; and/or Services provided via the app;

(ix) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Commencement of Services

(a)  Amy Thompson Coaching will commence the Services within 2 business days from receipt of either the signed payment authorisation or a settled invoice.

(b)  You will be emailed if all of the relevant information has not been provided for the commencement of the Services. If no written notice is provided, it is implied all relevant information and materials have been supplied.

Payment for the Services

(a)  The minimum commitment and payment term for all Services is 12 weeks.

(b)  There is a one-off Client Account Set-Up Fee of A $75.

(c)  Payment for the Services (unless you opt to pay for 12 or 24 weeks up front) is by weekly direct debit through Pay Advantage. Pay Advantage is a third-party dedicated secure gateway. There are no processing fees on-charged.

(d) A $6.82 dishonour fee applies for any missed scheduled direct debits through Pay Advantage, with a re-attempted debit in 3 days.

(e)  Payment for the Services if you opt to pay for 12 or 24 weeks up front is by Electronic funds transfer (EFT) into the nominated bank account (Australian residents only) or through Pay Advantage if located outside of Australia.

(f) Any pre-paid services must be used within 6 months from the date of purchase,

(g)  Payments will continue periodically as per the agreed schedule until a cancellation is made in writing to info@amythompsonrecomp.com

(h)  Unless otherwise stated, all amounts, expressed and described on or in connection with the Terms and Conditions and/or the Services are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

(i)  In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound Amy Thompson Coaching’s terms and conditions which are available on the website.

(j)  You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(k)  You agree and acknowledge that Amy Thompson Coaching can vary the Services Fee at any time.

Termination and Hold of the Services

(a)  You can put the Service on hold at any time after the 12 week minimum commitment period by providing at least 14 days’ written notice to info@amythompsonrecomp.com after your 12 week minimum.

(b) You can terminate the Services at any time after the 12 week minimum commitment period by providing at least 14 days’ written notice to info@amythompsonrecomp.com after your 12 week minimum.

(c) You can upgrade or downgrade the Service (e.g. switch from “Nutrition & Training Coaching” to “Nutrition Coaching”) by providing at least 14 days’ written notice to info@amythompsonrecomp.com after your 12 week minimum. Within your first 12 week minimum commitment, you may only upgrade the Service.

(d)  Amy Thompson Coaching may terminate this Agreement by providing 7 days written notice to the Client of the Provider's intent to terminate this Agreement.

(e)  Amy Thompson Coaching may terminate this Agreement for a breach by the Client of this Agreement by providing 7 days' written notice of the breach to the Client. During the 7 day notice period, the Client reserves the right to remedy the breach. If the Client remedies the breach which was the cause of the notice, this Agreement will not be terminated at the lapse of the 5 days on the notice's basis.

(f)  Upon providing notice of intent to terminate this Agreement, Amy Thompson Coaching agrees to continue providing the Services until the cessation of the notice period unless otherwise instructed by the Client to cease work.

(g)  If Amy Thompson Coaching provides notice of intent to terminate this Agreement, the Client will pay for the work that has been done and at the time the Agreement is terminated, will pay any outstanding works completed between the provision of the notice to terminate and the cessation of this Agreement. If the Client elects to have Amy Thompson Coaching cease work upon receiving notification of the Provider’s intent to terminate, the Client will only be liable to pay amounts outstanding on work completed by the Provider to the date the request to cease work was issued by the Client.

(h) Amy Thompson Coaching may terminate this Agreement immediately under any circumstances where the Client displays inappropriate behaviour, including but not limited to; verbal or written abuse, threats, or insults. Amy Thompson Coaching will cease providing the Services immediately. The Client will be liable to pay amounts outstanding on work completed by the Provider to the date the termination notice was provided. If your payment for the Services is made by direct debit, this will be cancelled within 2 days of the written termination notice.

Refund Policy

(a)  Amy Thompson Coaching will provide you with a refund of the Services if in the event that Amy Thompson Coaching is unable to continue to provide the Services or if Amy Thompson Coaching makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

(b)  No refunds are provided for any change of mind or for any portion of the Services completed to date.

(c)  A full or partial refund will be provided for any unused pre-paid portion of the Service after the 12 week minimum commitment period, with express consent from Amy Thompson Coaching.

(d) Pre-paid services expire after 6 months and no refunds provided after this time.

Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Amy Thompson Coaching are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Amy Thompson Coaching or its contributors.

(b)  All trademarks, service marks and trade names are owned, registered and/or licensed by Amy Thompson Coaching, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Client to:

(i)  use the Website pursuant to the Terms;

(ii)  copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii)  print pages from the Website for your own personal and non-commercial use.

Amy Thompson Coaching does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Amy Thompson Coaching.

(c)  Amy Thompson Coaching retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)  business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)  a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d)  You may not, without the prior written permission of Amy Thompson Coaching and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Amy Thompson Coaching takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Amy Thompson Coaching's Privacy Policy, which is available on the Website.

General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)  Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Amy Thompson Coaching will not be liable for any special, indirect or consequential loss, damage or injury, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)  Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Amy Thompson Coaching make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Amy Thompson Coaching) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii)  injury of physical damage suffered as a result of Amy Thompson Coaching’s Services;

(iii)  the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iv)  costs incurred as a result of you using the Website, the Services or any of the products of Amy Thompson Coaching; and

(v)  the Services or operation in respect to links which are provided for your convenience.

Waiver and Release

(a) Amy Thompson Coaching urges you to consult a doctor before starting a workout program, changing your workout routine, or changing your diet. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. You agree that by participating in physical exercise or training activities provided in the Services you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in weight training or physical exercise, and you do so entirely at your own risk. If you choose to use the Services without the prior consent of a medical professional, you are agreeing to accept full responsibility for your decisions. Amy Thompson Coaching reserves the right to refuse the provision of Services at its discretion.

(b)  The instructions, advice, and plans provided through the Services are in no way intended to improve health conditions or used as a substitute for medical advice. While Amy Thompson Coaching endeavours to cater for most dietary requirements, such as coeliac, low FODMAP, vegan, and vegetarian, there may be requirements that cannot be catered for. Amy Thompson Coaching does not provide Nutrition Services if you currently have any of the following medical conditions: Heart Disease, Chronic Kidney Disease, Cancer, Crohn’s Disease, Ulcerative Colitis, GERD, an eating disorder, or any other major medical condition that Amy Thompson Coaching is neither qualified nor insured for. You are responsible for the use of any information provided through the Services. Amy Thompson Coaching reserves the right to refuse the provision of Services at its discretion.

(c)  Amy Thompson Coaching does not guarantee any specific results from the use of our Services and you acknowledge you are solely responsible for your fitness journey. The Service offers health, fitness, and nutrition plans based on the information that you provide in the registration form about your current health, goals, and dietary requirements. Use of all advice, guidelines, information, nutrition plans, and training programs contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

Limitation of liability

(a)  Amy Thompson Coaching's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b)  You expressly understand and agree that Amy Thompson Coaching, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Services

(a)  The Terms will continue to apply until terminated by either you or by Amy Thompson Coaching as set out below.

(b)  If you want to terminate the Terms, you may do so by:

(i)  providing Amy Thompson Coaching you may do so by referring to Clause 8.

(ii)  closing your accounts for all of the services which you use, where Amy Thompson Coaching has made this option available to you.

Your notice should be sent, in writing, to Amy Thompson Coaching via the 'Contact Us' link on our homepage.

(c)  Amy Thompson Coaching may at any time, terminate the Terms with you if:

(i)  you have breached any provision of the Terms or intend to breach any provision;

(ii)  Amy Thompson Coaching is required to do so by law;

(iii)  the provision of the Services to you by Amy Thompson Coaching is, in the opinion of Amy Thompson Coaching, no longer commercially viable.

(d)  Subject to local applicable laws, Amy Thompson Coaching reserves the right to discontinue your Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Amy Thompson Coaching's name or reputation or violates the rights of those of another party.

Indemnity

(a) You agree to indemnify Amy Thompson Coaching, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i)  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content, Www.amythompsonrecomp.com, or the Services;

(ii)  any direct or indirect consequences of you accessing, using or transacting on the Website or the Services;

(iii)  any breach of the Terms.

Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)  Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)  Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i)  Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii)  If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;

(iii)  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv)  The mediation will be held in Brisbane, Australia.

(d)  Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e)  Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Amy Thompson Coaching are intended to be accessed by Australian and overseas residents. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.