Terms of Purchase
Please read these Terms of Purchase carefully. By purchasing or using any Limitless Health Co. program, product or service, you are agreeing to follow the terms stated herein. The parties to this Agreement are you, the Purchaser (“You” or “Purchaser”), and the owner and operator of the program, product and or service: Limitless Health Co. All references to “we”, “us”, shall be construed to mean Limitless Health Co. If the Purchaser is not an individual, then “You” means your company, its officers, members, agents, successors, and assigns. This program, product and or service is owned and operated by Limitless Health Co.
Limitless Health Co. (herein referred to as “Limitless Health Co.,” or “Company”) agrees to provide you with your selected products (herein referred to as “purchase”, “pack”, “packs”, “package” or “packages”), which may include one, several or all of the following: “Time Saver Plus Pack”, “Expert Money Maker Pack”, “Ultimate at Home or Online Pack”, “Social Media Package”, “BOOM your Business Combo Pack”, “Fit Pro Social Hub”. Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase and use of package or packages.
When using the Social Media Package, Purchaser agrees to:
- Share package content and materials to Purchaser’s client base within private Facebook groups ONLY. At no time shall the Purchaser share the information, content or materials in any public platform or forum, including but not limited to, Facebook, Instagram, Twitter, company website, etc.
- The Purchaser agrees to not share the Social Media Package, or give access to the package, to any other 3rd party including businesses, organisations or individuals. Sharing of the Social Media Package or its contents for any other reason than that which it is intended for (i.e. to be shared with the Purchaser’s direct client group during a fitness challenge or program) is prohibited and breaches the terms of the copyright as held by Limitless Health Co.
When using the Fit Pro Social Hub, Purchaser agrees to:
- The Purchaser agrees to not share the Fit Pro Social Hub, or give access to the package, to any other 3rd party including businesses, organisations or individuals. Sharing of the Fit Pro Social Hub or its contents for any other reason than that which it is intended for is prohibited and breaches the terms of the copyright as held by Limitless Health Co.
- The Purchaser agrees to pay the monthly subscription amount to be charged to the credit card used at the time of signing up, until which time they chose to cancel their subscription. The Purchaser agrees to adhere to terms of the Fit Pro Social Hub cancellation policy.
NON-DISCLOSURE OF MATERIALS:
Material provided to the Purchaser is proprietary, copyrighted and developed solely and specifically for Limitless Health Co. Original materials that have been provided to Purchaser are for use with the Purchaser’s direct client group only, with the exception of the Fit Pro Social Hubcontent which is available for Public use. All proprietary material, procedures, policies, and standards, all teaching manuals, nutrition guides, nutrition plans, recipe’s, resources, all teaching aids, all supplements and the like that have been or will be made will be used solely to support your fitness challenge/program. Any disclosure, reproduction and sale by Purchaser to a third party is strictly prohibited. No portion of the packages may be resold to another fitness or health professional, or to any other third party. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Limitless Health Co. Packages may not be reproduced or separated in any way. Packages may not be rebranded without the direct written permission of Limitless Health Co.
NO TRANSFER OF INTELLECTUAL PROPERTY:
Limitless Health Co. packages are copyrighted and original materials that have been provided to the Purchaser are for distribution among Purchaser’s program participants only. All intellectual property, including Limitless Health Co.’s copyrighted packages and/or course materials, shall remain the sole property of Limitless Health Co. Although packages are branded under the Purchaser’s business name, all rights are held by Limitless Health Co. for these works.
By purchasing this product/s, Purchaser agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Limitless Health Co. is confidential and proprietary, and belongs solely and exclusively to Limitless Health Co., (3) Purchaser agrees not to disclose such information to any other person or use it in any manner other than as agreed in writing with Limitless Health Co. Further, by purchasing this product, Purchaser agrees that if Purchaser violates, or displays any likelihood of violating, any of Purchaser’s agreements contained in this paragraph, Limitless Health Co. will be entitled to injunction relief to prohibit any such violations and to protect against the harm of such violations.
All content and materials contained within packages are developed for strictly educational purposes only. Purchaser accepts and agrees that the Purchaser’s clients are 100% responsible for their own fitness and health progress and results. Company makes no representations, warranties or guarantees verbally or in writing. Purchaser acknowledges that there is no guarantee that their clients will reach their goals as a result of participation in the Program or through the use of package materials and content. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any package materials.
Limitless Health Co. does not claim that content and material provided within their packages, including nutrition plans and food guides, are specifically approved by the Australian Dietary Guidelines, nor any governing body, nor Fitness Australia. Limitless Health Co. cannot and do not guarantee that products are covered by the Purchasers’ business insurances. Purchaser accepts and agrees that it is their sole responsibility to make the appropriate checks with their Insurance provided and other related bodies to ensure compliance to relevant regulations, professional obligations, guidelines and legislation. Limitless Health Co. recommends if you are unclear of where you stand as a fitness professional or business that you contact your Insurance company directly to find out more.
AVAILABILITY AND DELIVERY:
We will use our reasonable endeavours to deliver your Products within the delivery times as set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. In some instances, we may accept orders for Products that are out of stock, available on demand, available once published on pre-order, or require importation from our affiliates overseas, and these may have longer than normal delivery times. For all Orders, Limitless Health Co. will notify you at the time of Order Confirmation with its best estimate of delivery times, and will notify you if there is significant change in any estimated delivery dates.
For Products which will be rebranded under the Purchaser’s business name, Limitless Health Co. will request your business logo and details. The expected delivery date may be two weeks upon receipt of your logo, providing that it is of the appropriate image quality and file format. The Purchaser is responsible for providing Limitless Health Co. with requested information within a reasonable time. Delays in submitting the information will cause delays in the delivery date. The Product will not be delivered to the Purchaser until the requested information and materials have been received.
If a Product is found to be incorrectly addressed by us then we will be responsible for the re-delivery, replacement or refunding of the Product. If you are found to have given an incorrect or insufficient address, then we will not refund or resend the Product and all responsibility for correcting the delivery will be borne by you.
For subscription products we will make every effort to ensure content is made available in a timely manner each month, however if an issue does occur preventing the Purchaser from accessing their content for more than 14 days from the time the issue is reported, the Purchaser will receive a credit towards the following months subscription fee.
CANCELLATION AND REFUNDS POLICY:
Cancellation and returns of digital and online resources and downloads. Digital products, downloads (including ebooks, etexts, PDF’S), online resources and videos cannot be returned, unless otherwise expressly agreed in writing by Limitless Health Co. You may return a download if it is defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact Limitless Health Co. and, where this is due to our default, we will replace or refund the download. No refunds will be given for change of mind. Once a package has been issued to the intended recipient, no refunds are permitted to occur.
Cancellation of subscription products requires the Purchaser to provide 30 day’s written notice. Please refer to the cancellation policy for your specific product for further details. If you do not have access to the original cancelation policy for your product, please contact Limitless Health Co.
LIMITATION OF LIABILITY:
Purchaser agrees they used Limitless Health Co.’s services at their own risk and that products are only an educational service being provided. Purchaser releases Limitless Health Co., its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities any way as well as the venue where the Purchaser’s services and programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from use of the products. Purchaser accepts any and all risks, foreseeable or unforeseeable. Purchaser agrees that Limitless Health Co. will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use of Company’s products or services. Limitless Health Co. assumes no responsibility for errors or omissions that may appear in any of the package materials. Company takes no responsibility for the use of these packages in an intended or non-intended manner. Packages are intended for use with general population people.
Limitless Health Co. takes no responsibility for any works that may violate your scope of professional practice. The Purchaser acknowledges and agrees that they are solely responsible for the use of the content and material provided in the packages. Company does not advise that Fitness Professionals prescribe any particular diet or nutrition style to their existing or future clients. Company recommends that the Purchaser utilise Pre Exercise Questionnaires in adherence with Fitness Australia Guidelines to aid in determining if particular clientele are in a high risk category, and subsequently referred to an appropriate health, nutritional or medical practitioner/s.
Purchaser understands Limitless Health Co, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, psychologist, counsellor, financial analyst, psychotherapist or accountant. Purchaser understands that use of these packages will not treat or diagnose any physical or mental disease, illness, or ailment and if they the Purchaser or their clients should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Purchaser understands that the information provided is general and does not replace the professional advice of a practicing psychologist or medical practitioner. The Purchaser understands that, as with any activity, it is important that before beginning any programs or challenges, individuals consult with a health care professional to ensure that they are mindful of their current health and any restrictions that are appropriate for them.
You, the Purchaser, understand that you and your clients using these packages should immediately seek medical attention if there are any unanticipated changes to their physical or mental condition at any time. Before relying on the information provided in the Packages, the accuracy and relevance of the information should be carefully evaluated for their purposes and appropriate professional medical advice should be obtained. You must consult a qualified medical or psychological professional if you have any questions concerning your mental or physical state at any time.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Purchaser nor any of Purchaser’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Purchaser shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Purchaser shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
Purchaser recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Limitless Health Co.’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Limitless Health Co. and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES:
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the National Alternative Dispute Resolution Advisory Council. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Purchaser, Purchaser is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: email@example.com This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Australia.