TERMS AND CONDITIONS

WEBSITE

By accessing this site, you acknowledge and agree to all of our terms, conditions, and privacy policies below, and otherwise contained on or referenced in this site (the “Agreement”). If you do not agree to this Agreement, you are not authorised to access this site. You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this site; and that you will review this Agreement each time you access this site so that you are aware of and agree to any and all modifications made to this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement only applies to this site and our online activities and does not apply to any of our offline activities.

ACCEPTABLE USE POLICY

Users of this site must comply with this Acceptable Use Policy. By using the site, you agree to comply with this policy and to indemnify Fitness YinYang against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of the site. You may only use the site for lawful purposes and may not use the site to harm others. Without limiting the generality of the foregoing, you may not:

Use the site in violation of any law or regulation governing Fitness YinYang’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.

Use the site in a manner that presents a security risk or that may interfere with the operation of the site.

Use the site in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.

Use the site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.

Post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.

Use the site to gain illegal or unauthorised access to other computers or networks through hacking or other means.

Assist or permit any person to engage in any of the activities described above.

SITE CONTENT

You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, contained on or provided through this site (“Materials”), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; that except as specifically permitted by this Agreement, any use of Materials is strictly prohibited; that except if we and/or the applicable rights holder(s) give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); and that except if we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to navigate or search the site is strictly prohibited. Notwithstanding the foregoing, you may download or print single copies of Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of the site or any Materials, or change or discontinue any aspect or feature of the site or any Materials (including, without limitation, discontinuing the site in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the site, Materials and this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, any links on this site to other sites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites; that such sites are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites.

DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL “MATERIALS” ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY; THAT NEITHER THIS SITE NOR ANY “MATERIALS” ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND THAT YOU WILL ALWAYS CONSULT WITH YOUR QUALIFIED PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER DIRECTORIES OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS) CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE HAVE ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE AND “MATERIALS” ARE AT YOUR OWN RISK, AND ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASES; THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD TO THIS SITE OR ANY “MATERIALS” (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE); AND THAT WE DO NOT WARRANT OR REPRESENT THAT THIS SITE OR ANY “MATERIALS” WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS). IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS SITE OR ANY “MATERIALS”(WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS SITE, ANY “MATERIALS” OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ALL “MATERIALS”. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that you will indemnify and hold harmless us and our subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees, and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) relating to your use, misuse or inability to use this site or any Materials, or to your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defences.

You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.

ONLINE MEMBERSHIPS

Monthly Membership

If you are a royal monthly Fitness YinYang member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. If you cancel after any payment, your membership will continue until the end of that month.

If you are a premium monthly Fitness YinYang member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. If you cancel after any payment, your membership will continue until the end of that month.

Annual Membership

If you are an annual Fitness YinYang member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period.

Other Membership

We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account profile page.

Payments

Payment Method

Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.

Recurring Billing

Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.

Price Changes

We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, before charging you for the new fee amount.

Payment Processed Through a Fitness YinYang Studio/Gym

No Refund

Payments are non-refundable and there are no refunds or credits for partially used of the enrolment cycle/s.

All purchases of Fitness YinYang online programs or services made through our website are considered final and non-refundable. By completing a purchase, you acknowledge that these educational products are delivered digitally and are immediately accessible upon payment. As such, they cannot be returned or exchanged. We encourage all customers to review the program descriptions, course materials, and related information before purchasing to ensure that the selected program meets their educational needs and expectations. If you have any questions or need further clarification regarding our offerings, please do not hesitate to contact us before you complete your transaction.

Cancellations

Cancellation of Online Membership

You may cancel your Fitness YinYang membership at the end of your current billing cycle. You must cancel your membership through your account using the following steps:

On Web:

(1) Log in to your Fitness YinYang account;

(2) Click “Profile” at the top right corner;

(3) Click “Account Information”; and

(4) Select “Cancel Subscription.”

On Mobile App:

(1) Log in to your Fitness YinYang account;

(2) Click “More…” at the bottom right corner;

(3) Click “Account Information”; and

(4) Select “Cancel Subscription.”

Please Note: Cancellations take effect at the end of the current billing period and can take up to 48 business hours to process.

For more information, contact us at: contact@fitnessyinyang.com.au

FITNESS YINYANG PTY LIMITED ACN 668 227 987A

This Terms & Conditions was last modified: January 2025

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