PLACING ORDERS ON THE PLATFORM
By placing an order on the Platform, you confirm that you are of legal age in your country or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.
Placing an order
Energizeme Fitness’s right to reject your order or cancel a Contract
Energizeme Fitness expressly reserves the right to reject your order for any reason, in its sole discretion. Where your order has been rejected, you will not be charged for that order. Energizeme Fitness also expressly reserves the right to cancel a Contract for the following reasons, without being liable for any damage or costs other than the repayment of the amount received from you in relation to the cancelled Contract:
(a) you do not meet our eligibility requirements, as set out in Clause 1.1;
(b) the ordered products are unavailable (including where they are not in stock);
(c) the billing or shipping information that you have provided is not correct or cannot be verified;
(d) based on our internal checks, your order is identified as an unusual order or an order that might be fraudulent;
(e) the price that was displayed on the Platform for the relevant product was incorrect / erroneous; or
(f) a Force Majeure Event has occurred (please refer to Clause 10.1).
Energizeme Fitness may run some checks on any orders that you place on the Platform, including verification of the delivery address and the payment details that you have provided. Energizeme Fitness may also carry out checks for security reasons and to identify fraud. Energizeme Fitness reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
No purchase for resale
The digital products (e.g. ebooks, training videos) that are available on the Platform are intended solely for direct sale to end consumers, and therefore the purchase of such digital products for resale (i.e. purchase with the intention for reselling the products to other consumers, business or third parties) is strictly prohibited. Energizeme Fitness reserves the right to take any action to prevent resale of digital products, including restricting sales to you and cancelling any orders made by you.
PRICES AND PAYMENT
Prices and currency
The prices of products in an order will be at the prevailing prices displayed on the Platform when you check out. You will be able to verify the total price of your order prior to placing the order – this total price will include the price of all products as well as applicable shipping costs and taxes.
While prices for products may change over time on the Platform, these changes will not affect any orders that we have confirmed via an Email Confirmation.
While all payments made on the Platform for products that you order will be charged in Australian Dollars (AUD) and the invoice that you receive from Energizeme Fitness will be denominated in AUD, you can choose to view the prices of products in your local currency on the Platform. This conversion into your local currency is only for reference and may not always reflect the prevailing market currency conversion rate. Where the credit card or PayPal account that you use to pay for your order is denominated in a currency other than AUD, you may be charged administrative and/or currency conversion fees by the applicable bank or service provider – you acknowledge and agree that you will be responsible for any such fees and that the prices listed on the Platform excludes such fees.
Payment methods and processing
You will only be able to make payment for your orders using the methods set out on the order checkout page on the Platform – these methods include PayPal and credit cards (via the Stripe platform). Please do not attempt to use any other payment methods as you may risk the loss of any payments made – Energizeme Fitness will not be responsible or liable for any such losses.
Upon submitting your order on the Energizeme Fitness webpage, the PayPal account or credit card (as applicable) that you selected will be charged for the amount of the order (including the applicable shipping charges and taxes).
Energizeme Fitness will retain the title in any products that you have ordered until full payment of the total price (including applicable shipping costs and taxes).
SHIPPING AND DELIVERY
Energizeme Fitness will happily ship your orders for products within Australia and to certain locations around the world. For more information on shipping and delivery, including shipping prices and delivery times, please refer to the FAQs available at this webpage: https://www.Energizeme.Fitness/shipping-delivery.
RETURNS AND CANCELLATIONS
Cancellation of orders before shipment
Prior to an order being shipped by us, you may be able to cancel that order and receive a full refund of the purchase price and the shipping costs. However, we begin processing orders placed through the Platform promptly, and therefore, if you wish to cancel an order, please notify us as soon as possible at the following email address: support@Energizeme.Fitness.
Returning orders after shipment
In exercising your right to withdraw, you must return the products to us without undue delay (and at your own cost) and no later than thirty (30) calendar days after you have first informed us of your desire to return the product. Upon our receipt of the returned products, we will refund the purchase price and the original shipping costs through the payment method that you used in placing the order. Alternatively, you can opt for the refund to be by way of a gift card of an equivalent value from Energizeme Fitness.
Please ensure that the returned products are complete (e.g. all original packaging, accessories and/or documentation must be intact) and not used in any way. If you do not do this and this results in a reduction in the value of the product, we can hold you liable for such diminished value.
FORCE MAJEURE EVENT
Where a Force Majeure Event takes place and you no longer wish to receive the products you have ordered under a Contract, you may cancel the relevant Contract and receive a full refund of the purchase price and the shipping costs for the affected products.
FORUM COMMUNITY GUIDELINES ADDENDUM
The Energizeme Fitness Forum is a dedicated place for people to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many people believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!
We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!
Always be polite and respectful towards others
Profanity is discouraged and will be moderated
No bullying/harassment or malicious comments
Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc)
Don’t post pro-anorexia/suicide/self-harm related content
Don’t post links to other sites that violate the forum guidelines
Spam, commercial advertising and self-promotion will not be tolerated
Use your discretion when posting personal information about yourself– do not post anything that you wouldn’t be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section ‘Sharing information in the Energizeme Fitness Forum’ below for further details
We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory
If you find a post that you feel violates these guidelines, please flag it by using the ‘report’ feature next to the comment.
Sharing information in the Energizeme Fitness Forum
The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.
Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps.
If you do choose to share information which can be linked to you, be careful about what you post.
We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.
Do not share personal information about other people or content that you do not have the right to share in the Forum.
We have no responsibility over the information that you choose to post in the Forum.
Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.
If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.
POST-PREGNANCY PROGRAM ADDENDUM
These provisions apply when you participate in the Post-Pregnancy Program offered by Energizeme Fitness on the Platform. If you do not agree to these provisions, you must not participate in the Post-Pregnancy Program.
When participating in any of the Post-Pregnancy Programs, you represent, warrant and acknowledge the following:
(a) you are participating in the Post-Pregnancy Program entirely at your own risk, and acknowledge that if you make any modifications to the Post-Pregnancy Program while participating in the Post-Pregnancy Program, or if you undertake, while pregnant, any Energizeme Fitness Program or workout not recommended by Energizeme Fitness, you also do so entirely at your own risk. In addition, you understand that, in participating in the Post-Pregnancy Program, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Post-Pregnancy Program;
(b) you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Post-Pregnancy Program;
(c) Energizeme Fitness makes no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, Energizeme Fitness is not aware of and cannot determine your individual suitability for the Post-Pregnancy Program. To the maximum extent permitted by Applicable Laws, you will indemnify Energizeme Fitness and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(i) your participation in the Post-Pregnancy Program; or
(ii) your breach of any of the provisions of the Post-Pregnancy Program Addendum;
(d) any information provided by you to Energizeme Fitness in connection with the Post-Pregnancy Program, including the fact that you have received medical clearance to participate in the Post-Pregnancy Program, is true, and you further acknowledge that Energizeme Fitness has relied on this representation in assuming that you can participate safely in the Post-Pregnancy Program; and
(e) you know that you need to stop exercising and seek medical advice if at any time during or after having undertaken any exercise as part of the Post-Pregnancy Program, you feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Post-Pregnancy Program, or at any time thereafter).
In this Section 1 (Australia) of these Additional Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b) Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and
(c) Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.
Where you acquire as a Consumer:
Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
(a) you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable), or you have consent from your parent or guardian; and
UNITED STATES OF AMERICA
Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
(a) you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older, or you have consent from your parent or guardian; and