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Terms and Conditions of Use

1. NEXT PHASE WOMEN’S WELLNESS PROGRAM: TERMS AND CONDITIONS OF REGISTRATION

The NEXT PHASE Women’s Wellness is owned and operated by WellFemme Pty Ltd (ABN 59662079094) of PO Box 3487, Weston ACT 2611.

By clicking “I accept”, you agree to be personally bound by these terms and conditions. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), OR if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of the NEXT PHASE Websites and all electronic mediums, including the use of the information services provided through this means. Upon registration as a participant, you will be requested to create a login password to access your Program Portal. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your access, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that NEXT PHASE is entitled to suspend or terminate your use of the Portal, online community, and/or other electronic media at any time if you are thought to have brought, or may bring, the reputation of NEXT PHASE or its management, instructors, contributors or participants into disrepute.

If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.

2. CONDITIONS OF USE OF THE PROGRAM

Our Services

Our services shall be delivered entirely electronically, as described in the Program webpages and supporting materials. You acknowledge and understand that access to any specific Instructor or service featured in the Program, in person or on-line, is not guaranteed.

Important Information

The NEXT PHASE Program is not intended for use in emergencies. If you have a medical emergency or acute illness call 000 for an ambulance.

The information contained in, or accessed through the NEXT PHASE Program is for your general health information and is not intended to be used as individual medical advice.

This information contained the NEXT PHASE Program is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional.

You should also not disregard professional advice, or delay seeking it, because of any Information contained in the Program.

Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition AT ANY TIME. You must also consult a qualified medical professional if you have any questions or concerns about your medical condition or sustain any injury, regardless of whether it relates to any activity undertaken in response to information in the Program.

By joining the NEXT PHASE program, you undertake to complete the pre-course medical self-assessment provided to identify any potential health risk factors. The onus is entirely on you to follow up on any issues identified with a medical practitioner as appropriate. NEXT PHASE management and instructors do not have access to your responses for that self-assessment and accept no responsibility for ensuring that you obtain medical care or act on any health advice given during the Program.

The information contained in the NEXT PHASE Program is intended to be used as evidence-based guidance to assist participants in making healthy lifestyle choices. It is not to be interpreted as specific medical advice for any individual, or be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information provided, participants should carefully evaluate the accuracy and relevance of the information for their purposes and obtain individualised professional medical advice.

Information Provided in the NEXT PHASE Program and associated electronic media

All information is provided by us in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time, but cannot guarantee that information in the Program material and associated media may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of the NEXT PHASE. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material obtained through the Program or associated media.

The NEXT PHASE team includes experts on nutrition, fitness and psychology. Our experts may receive requests from participants about their specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation in the context of the NEXT PHASE Program itself but may refer participants to certain third party resources, or to their individual professional services outside the NEXT Program as appropriate. If a paid Affiliate arrangement is in place between NEXT PHASE and any third party service providers, this will be disclosed in context of the referral.

Nutritional Information

Nutritional information provided in the Program is taken from trusted, evidence-based source. However, before relying on any nutritional information in the Program you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. We have made considerable effort to ensure the quality of information on our sites, however, neither NEXT PHASE nor any other provider of nutritional information in the Program and its associated media gives any warranty that the information is free from error or suitable for your purposes.

Recommendations and test results on the Website

Certain parts of the NEXT PHASE Program may provide recommendations and test results based on the input and data that you provide. These recommendations and test results are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, NEXT PHASE and its associates are not liable or responsible for any recommendations and test results generated during the Program.

Fitness Level

You require a moderate level of fitness to follow the exercise programs and activities outlined in our information Program. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Program. The information provided may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons then you should first consult a healthcare professional before following any exercise programs or using any of the information provided in the NEXT PHASE Program:

  • pregnant women and women who are breastfeeding or who are trying to conceive a child;
  • post-natal women who have recently given birth;
  • post-natal women who have recently had a c-section;
  • persons with any ongoing physical condition such as:
  • cancer or other long term illness;
  • liver disease, kidney disease, or renal failure,
  • eating disorders;
  • diabetes, blood pressure or cholesterol issues;
  • elderly persons;
  • recovering from or recently recovered from illness or injury; and
  • low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service.

Our service does not include any direct supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Program and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Quality of the Program

We do not promise that the NEXT PHASE Program will be error-free or uninterrupted. The websites, associated electronic media and content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Portal will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Instragram from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Program, other participants, other contributors to the Program, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced in the Program (including User Content of other participants or online community members of the Program, referred to below). Where the information made presented contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Program to the Program Administrator at [email protected]. We may investigate the claim and take appropriate action, in our sole discretion.

Promotion of non-Program services

Participants and third parties are not permitted to advertise or promote their products or services, or the products or services of others, in any part of the Program or its associated forums, without written consent from NEXT PHASE. If, in the opinion of the NEXT PHASE Administrators, participants or third parties are engaged in advertising, promotion or providing advice to other participants of the Program, then NEXT PHASE reserves the right to suspend or terminate the access of any member participating in such conduct or to ban any third party from participating in the Program.

Information Security

No data transmission over the Internet can be guaranteed as totally secure. While 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.

Limitation of liability

Indirect and Consequential Loss

To the extent permitted by law, and subject to clause [7], in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the NEXT PHASE, any linked website or electronic service, your reliance on any information obtained through the Program or your use of any services in the Program, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

This limitation of liability includes but is not limited to circumstances where:

  • information is used for a purpose for which it was not intended;
  • the website contain errors, omissions or inaccuracies;
  • you are unable to obtain consistent, reliable and uninterrupted access to the Portal or other electronic media;
  • there is damage or interference to your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device, or your mobile data that arises in connection to your use of the Program site or other electronic media; or
  • you rely on an interpretation or opinion stated in, or which may be inferred from, the Program or associated services.

To the extent permitted by law, our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to the supply of services again or the payment of the cost of having the services supplied again.

Warranties disclaimer

The NEXT PHASE Program information is subject to our quality control processes. The information is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the Information. In addition, no representation or warranty (express or implied) is made that the Information will meet your health or medical requirements.

We provide general health information however the circumstance of each individual will differ. You should exercise your own judgement with respect to your use of our services and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available information.

Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or

2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

3. INDEMNITY

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

4. INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external websites, copyright of the NEXT PHASE Program (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us. All names, logos and trademarks used in the Program are the property of their respective owners. Nothing in the Program should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print the NEXT PHASE Program and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of the Program may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

1. sharing the Program content with other persons;

2. publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;

3. using the logo or trade marks of the Program, the phrase “Next Phase Women’s Wellness” (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);

4. registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and

5. systematic downloading or “scraping” of content of the Program.

We may, from time to time, monitor your use of the Program to determine if you are in breach of these terms. Such monitoring may include:

a. the frequency and nature of any downloads; and

b. the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Program (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

5. USER-GENERATED CONTENT

The NEXT PHASE Program may allow you to post information, photos, content, user submissions and/or upload materials to the website, online community or associated media (including features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

Our sites and media may include functionalities that allow you to control whether or not the public or other users of the Program are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of, or in connection with, any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose). Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular you should be aware that, if your User Content is downloaded by any other person (including other users of the Program), whether authorised or not, then neither NEXT PHASE nor you may be able to control the further disclosure and publication of that User Content.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content in NEXT PHASE Program media or forums:

1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit the User Content;

2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);

3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of Program’s electronic media in breach of this paragraph (3); and

4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed in Program-related forum, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Program’s electronic media that are accessible to the public or other users of the Websites.

Some User Content may refer to events or activities that are organised by other users of the Websites. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at [email protected].

6. PERMITTED USE

We prohibit the use of NEXT PHASE websites and associated electronic media, and any of their functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility in the Program, you acknowledge and agree that:

1. you are legally responsible for all User Content you submit;

2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;

3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with our electronic media, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

4. you will not:

a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

b. bypass (or attempt to bypass) any security mechanisms imposed by NEXT PHASE;

c. harvest or collect email addresses, photographs or personal information of other users;

d. impersonate any person or entity;

e. post or transmit false or misleading material or make any form of misleading or deceptive representation;

f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

g. exploit NEXT PHASE and its associated electronic media for your own commercial or unlawful purposes, or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);

h. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or

i. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Program and its associated electronic media; and

j. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

7. LINKED WEBSITES

The Program (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer.

By using the Program to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

8. PAYMENT AND REFUNDS

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. We expect that we will use the PayPal payment gateway or a similar service such as Stripe for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees. Our Program fee and any subscription fees or other charges are GST inclusive; this applies regardless of whether you are purchasing the services from outside Australia. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

All fees are non-refundable, unless:

1. during the period in which you have paid for access to the NEXT PHASE information service, the service is not available for a period lasting more than 5 days. In this circumstance, a pro rata refund may be granted upon written request by email at [email protected], however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, dropbox, etc); or

2. we agree to issue you with a refund in accordance with the clause (variation) below.

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.

All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the Program or subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term.

Our goods and services (including, but not limited to, the information services provided through the Program) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

9. VARIATION

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect NEXT PHASE participants, or you personally, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

1. received notice of such changes when we place a notice in the Program portal and associated electronic media describing the changes; and

2. agreed to the terms and conditions as varied the next time you access the Program portal or associated electronic media after we publish the notice.

If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing [email protected] and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.

10. INTERNET SAFETY

The NEXT PHASE Program seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:

(1) encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content; (2) notify you that you must not post content that is in contravention of any Australian State, Territory or Commonwealth law; (3) warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below; (4) encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: http://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do; (5) notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au; and (6) encourage you to contact the Program Administrator at [email protected] if you would like to make a complaint about any of the content shown in the Program, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.

We request the Australian Communications and Media Authority contact the Program Administrator at [email protected] to send any takedown notices.

11. PERSONAL INFORMATION COLLECTION NOTICE

In registering for access to the NEXT PHASE Program, you may be asked to provide certain personal information in which you have certain rights. The purpose of collecting this data is 1. To assist you in tracking certain health indicators, 2. To analyse Program outcomes at cohort level, and 3. To improve the Program. Personal data which we collect, and use may include some sensitive (but de-identified) information, such as information about your health, how you pay for our services (but NOT your credit card details), your age, height and/ or BMI. If you do not provide all of the personal information that we request, we may not be able to provide some our services to you.

Your email address is required so we can send you information related to the NEXT PHASE Program; we cannot provide the Program to you effectively without one. Our instructors, contractors and associates in the Program also engage in other businesses and services relevant to the Program. Unless you ask us not to, NEXT PHASE staff and associated services may also send updated information, offers and promotional material to you. If you receive unwanted email communications you can use the “unsubscribe” link at the bottom of the email, or by emailing the Program Administrators at [email protected].

We store the majority of the personal information that we on a server in the United States. We may from time to time store some of the information in a computer server located in Australia.

By clicking “I accept” you consent to your de-identified personal information being used and/or disclosed for the agreed purposes contained herein, and/or for reasons given to you by us at the time of collection to which you indicate agreement by providing that information. You also consent to us using and disclosing information about your age and health data for the purposes specified in the first paragraph of section 11, above.

12. SEVERANCE & TERMINATION

NEXT PHASE may in its sole and absolute discretion refuse registration, or suspend or terminate services at any time and for any reason, subject to a valid pro-rata refund of fees.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

13. SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.

14. GOVERNING LAW

These terms are governed by the laws in force in the Australian Capital Territory, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.