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Terms of Use

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Terms of Use

 

These Terms of Use are effective as 23rd August 2021

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use govern the use of the MyVision Personal Training mobile ("MyVision App" or "App") and cover important information about the App and any applicable fees.  In particular, they include information about future changes to the MyVision App (refer to clause 51), the purchase and renewal of subscriptions to the MyVision App (refer to clauses 9 - 26) and limitations of liability (refer to Clause 55).

Welcome to MyVision by Vision Personal Training!

ABOUT THESE TERMS OF USE

These Terms of Use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Use") apply to your use of (and subscription to) the MyVision App.

These Terms of Use are entered into by and between you as a user (referred to as "User", "you" or "your") and Vision Virtual Training Pty Ltd (ABN 83 164 535 497) and its related body corporates and affiliates (referred to as “MYVISION” "we", "us" or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with MYVISION in connection with the App.

The offering of the MyVision App to you is conditional upon your acceptance of these Terms of Use. Access to and use of the App by you will constitute your agreement to be bound by these Terms of Use.  If you do not agree to these Terms of Use, then you must not access or use the App.  MYVISION may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the MyVision App.  All such changes will be effective immediately when posted to the App and your continued use of the App following the posting of such revised Terms of Use will constitute your acceptance and agreement to the changes which are binding on you.  You acknowledge and agree that these Terms of Use shall continue to apply even after you have stopped using the App, including where your account expires or is terminated.

PRIVACY

  1. These Terms of Use are also subject to MYVISION's Privacy Policy available at the following webpage:

https://www.visionpersonaltraining.com/privacy. 

  1. Our Privacy Policy provides details of MYVISION’s privacy practices, and the terms and conditions that govern the collection, use and disclosure of personal information for and in connection with the App.  We will only use your personal information as set out in MYVISION's Privacy Policy (as amended from time to time).

USE BY YOU

  1. By accessing or using the App, you confirm that you are of legal age in your country of residence and are not under 16 years old, and you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the App.
  2. In order to use the MyVision App, you must create a user account ("User Account").  You can do this by providing your first and last names, an email address, and password. Your email address will be the username for your User Account.  The username for each User Account must be a unique email address (and so that email address may not be the username for more than one User Account).
  3. After you create a User Account, you will be prompted to provide specific other information which MYVISION will use to help you achieve and maintain your personal health and fitness goals through using the App.  We may also ask you to provide additional information for this purpose from time to time as required.  Please ensure all information provided is accurate and up to date.
  4. At all times, MYVISION may, at its sole discretion:
  1. limit the number of User Accounts that you may create or maintain;
  2. stipulate additional conditions and requirements for the opening or maintaining of User Accounts;
  3. suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to applicable laws; and/or
  4. refuse to create a User Account for you.

SECURITY

  1. You will at all times be responsible for maintaining the security of your User Account access credentials for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission).  MYVISION is not responsible for any loss or activity that results from the unauthorised use of your User Account due in any way to your failure to secure your access credentials.
  2. You should never share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account.  You must immediately notify MYVISION of any unauthorised use or any other breaches of security in relation to your User Account in writing by sending an email to myvision@visionpt.com.

SUBSCRIPTION

  1. You may subscribe to MyVision App either on a monthly, quarterly or annual basis, or for such other periods that MYVISION may offer from time to time.  Eligibility for any promotions or discounts will be determined at the time you subscribe and cannot be changed during the term of your subscription.  There may also be specific terms and conditions applicable to any promotions or discounts.
  2. Your subscription will automatically renew unless you cancel auto-renew at least twenty-four (24) hours before the end of the current billing period. 
  3. You can manage your subscription and turn off auto renew in the settings for your User Account in the App. 

FEES

  1. The applicable fees for subscribing to the App are stated on the MYVISION webpage (https://www.visionpersonaltraining.com/our-offering/myvision) or on the applicable app store from which the MyVision App can be downloaded.
  2. The price of your subscription will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the App).  
  3. Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of your chosen subscription.
  4. MYVISION reserves the right to revise and change the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the App), and the different subscription packages available (including the periods for subscriptions), at any time at its sole discretion.  Any such revision or changes will not apply retrospectively to any subscription which is current as the effective date of the revision or change.
  5. Certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency.  These fees, which are not charged by MYVISION, are in addition to the subscription fees in relation to the App.  You will be solely responsible for paying any such fees.

FREE TRIAL

  1. We may provide a free trial of the MyVision App for a fixed period of time, as determined by MYVISION in its sole discretion.  Unless otherwise stated by MYVISION in respect of specific promotions, free trials are only available to new MYVISION users.
  2. MYVISION reserves the right to immediately cancel any trial subscription if we become aware that the user has already had a trial subscription on a different User Account or using a different email address.  Any attempts to register for a further free trial on the same User Account or using the same email address may also result in you being charged for the applicable subscription fees.
  3. Any unused portion of a free trial period will be forfeited from the time when a subscription is purchased.
  4. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription at least 24 hours before the end of the trial.  To cancel your subscription during the trial, please refer to the instructions set out below under "CANCELLATIONS AND REFUNDS".

PAYMENT

  1. Payment of fees for your subscription to the MyVision App will be charged through your account with the applicable app store in the case of the MYVISION App (i.e. through in-app purchases).
  2. At the time when you purchase a subscription, or register for the free 7-day trial, you must provide complete and accurate payment information.  Payment information will be submitted through the relevant app store where you register for the trial or subscribe to the App.
  3. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details.  If you do not provide payment authorisation, or if any authorisation is subsequently cancelled, then we may immediately terminate or suspend your access to your subscription.  

CANCELLATIONS AND REFUNDS

  1. You may cancel your subscription at any time by following the prompts in the settings for your User Account in the App.  However, subscriptions are non-refundable and there is no right to refunds or credits unless required by law.  
  2. Although you may cancel your subscription at any time, the cancellation will only take effect at the end of your  current subscription period, and you will not receive a refund for any unused portion from the date of cancellation until the end of the subscription period.  However, you will still be able to continue to access the subscription services on the MyVision App for the remainder of the duration that you have paid for.
  3. In addition to these Terms of Use, the cancellation and refund of subscription fees will also be governed by the applicable terms and conditions of the app store where you subscribed for the MyVision App.   

MEDICAL – WHAT YOU SHOULD KNOW

  1. MYVISION strongly recommends that you consult with your physician before beginning any exercise program or making any changes to your diet or lifestyle.  You should be in good physical condition and be able to participate in exercise.  If you are pregnant, you should ask your physician to provide specific advice in relation to your participation in exercise during pregnancy.  MYVISION is not a licensed medical care provider, nor does it have expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
  2. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury.  If you engage in this exercise or exercise program, you agree that: you do so at your own risk, that you are voluntarily participating in these activities, that assume all risk of injury to yourself, and that you agree to release and discharge MYVISION from any and all claims or causes of action, known or unknown, arising out of your participation in these activities.
  3. The information provided in the MyVision App is not intended to be a substitute for professional medical advice, diagnosis or treatment.  You should never disregard professional medical advice, or delay in seeking it, because of information you receive through the App.  Never rely on information provided in the App in place of seeking professional medical advice.
  4. MYVISION is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through your use of the App.  You are encouraged to consult with your doctor with regard to this information contained on or through the MyVision App.  After reading articles, watching videos or reading other content from the App, you are encouraged to review the information carefully with your professional healthcare provider.

RESULTS – WHAT YOU SHOULD KNOW

  1. MYVISION makes every effort to ensure that we accurately represent the information provided through the App and its potential for results. However, MYVISION makes no guarantee that you will experience any specific results.  By using the App, you understand and accept that personal results, including in relation to muscle building, toning, fat loss, fitness, competition, longevity and success of lifestyle and nutrition habits, adjustments and results differ by individual.
  2. We therefore make no guarantees in relation to the level of success you may achieve, and you accept that results will differ for each individual.  Any testimonials and examples provided are exceptional results, which do not apply in the same way to everyone, and are not intended to represent or guarantee that you will achieve the same or similar results.
  3. Each individual’s health, fitness, and nutrition success also will depend greatly on his or her particular physicality, dedication, input, desire, and motivation.  As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
  4. There is no assurance that examples of past fitness, competition, muscle building and/or fat burning results can be duplicated in the future.  We cannot guarantee your future results and/or success, including maintaining the results you achieve.  This will depend on your commitment and ability to continue following the program, the normal effects of the ageing process, as well as many other factors.
  5. The use of the App should be based on your own due diligence and you agree that MYVISION is not liable for any success or failure of your physique that is directly or indirectly related to that use.
  6. Any examples of real-world experiences and insights on other people’s experiences are provided for purposes of illustration only.  Testimonials, examples, and photos used are of actual clients and results they personally achieved.  Each client has approved these testimonials, examples, and photos to speak to their experience in training with us, but they are not intended to represent or guarantee that you or anyone else will achieve the same or similar results.  Rather, these client stories represent what may or could be possible by following these same or similar training methods.

PROHIBITED USES

  1. You agree that you will not use the App for any of the following:
  1. Unlawful Activity – any unlawful activity including but not limited to any use that involves proceeds from any illegal or unlawful activity; publishes, distributes or disseminates any illegal or unlawful material or information, or otherwise does or may violate any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which MYVISION or the User are bound in any jurisdiction applicable to the access and use of the App ("Applicable Laws").
  2. Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the App; (ii) introduces to the App any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the App; (iv) undermines the security or integrity of the computing systems or networks on which the App is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the App or the computer programs used to deliver the App; (vi) uses the User Account information of another person to access or use the App; or (vii) transfers access or rights to your User Account to a third party.
  3. Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the App about other Users including addresses, phone numbers, email addresses and credit card details.
  4. Fraud or deceit – any act that: (i) attempts to defraud MYVISION or any other person; or (ii) provides false, inaccurate or misleading information to MYVISION.

YOUR CONTENT

  1. If the functionality is offered by the MyVision App, you may be able to submit, enter or otherwise upload information, materials and other content to or through the App, including comments, feedback or ideas that you send to MYVISION ("Your Content").  Where this is the case, these terms will apply to Your Content.
  2. By posting or otherwise providing Your Content, you:
  1. grant to MYVISION a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available Your Content on and through the MyVision App (and across different media for any purpose) and you expressly waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of all such of Your Content;
  2. represent and warrant that you own and control all of the rights to Your Content, and that you have the lawful right to post or otherwise provide such content on and through the MyVision App.
  1. You are solely responsible for Your Content that you submit and expressly agree not to submit or upload any such content which: (i) advertises or promotes any services or brands (with respect to you or any third party); (ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal; (iii) you know not to be true and honest, or which spreads false or misleading statements; (iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights (as defined in clause 30) of any party; (v) impersonates any person or entity or otherwise associates, infers or misrepresents the user’s affiliation with a person or entity; (vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure; (vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files; (viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam"; (ix) may expose MYVISION or other Users to any harm or liability of any kind; or (x) is contrary to any Applicable Laws.
  2. MYVISION may, but is not obligated to, monitor all conduct and content submitted to or through the App, and may in its sole discretion: (i) refuse to publish, remove or disable access to Your Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the App.
  3. You acknowledge and agree that some of Your Content might continue to be publicly available on the App after your User Account is closed or otherwise terminated, subject to your right to have Your Content removed upon request in accordance with Applicable Laws.
  4. If you believe that Your Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should tell us immediately by emailing: myvision@visionpt.com

SERVICE AVAILABILITY

  1. MYVISION will take reasonable steps to ensure that the App is available to you at all times. However, from time to time it is possible that your access to the App may be disrupted due to outages caused by necessary maintenance, technical issues, network and system overloads, or any event outside of MYVISION’s control.  Whilst we will use reasonable endeavours to avoid any disruptions to your use of the App, MYVISION will have no liability if the App or any part thereof is unavailable at any time or for any period.
  2. To access and use the MyVision App, and fully enjoy all the features it offers, you will need access and sufficient connectivity to the internet at all times.  The performance of the App and the availability or accessibility of some features may be impacted if the internet connectivity is less than adequate.
  3. MYVISION shall have no liability or responsibility for: (a) your use of the internet to connect to the App or any technical problems, system failures or security breaches which occur in connection with that internet usage; (b) the device that you use to access the MyVision App (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the App that is stored on the device; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the MyVision App.
  4. Users may also be required to download and install updates so as to maintain access to the MyVision App.   Your failure to do so may cause certain services offered on the App to become temporarily inaccessible to you until such time that you download and install the relevant update.

INTELLECTUAL PROPERTY RIGHTS

  1. All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the App and the material published on and through it (except Your Content) are owned by MYVISION, its licensors and other providers of such material and are protected by Applicable Laws.  You may not engage in any activity on or through the App, including transmitting or using Your Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

LICENCE TO ACCESS AND USE

  1. Subject to these terms of use, MYVISION grants to you a limited, personal, non-transferable, non-sublicensable and revocable licence to access and use the MyVision App (or any part of it or its contents) for your own personal use provided that:
  1. You must not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the App (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from MYVISION; 
  2. you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the App;
  3. you may not use any data mining, robots or similar data-gathering or extraction methods; and
  4. MYVISION reserves the right to monitor your use of the MyVision App and to change or revoke your licence or your access to the App at any time and for any reason.
  1. Your license shall terminate automatically and immediately at the time you cancel your subscription, or upon the expiry or termination of your User Account.

CHANGES TO APP

  1. MYVISION may terminate or modify any feature or part of the App at any time without notice.

THIRD PARTY CONTENT

  1. From time to time with your use of the MyVision App, you may view content provided by third-parties, including links to web pages and/or advertising or promotions for goods and services offered by such parties ("Third-Party Content").  Unless expressly stated otherwise, MYVISION does not control, endorse or adopt any Third-Party Content and to the full extent permitted by law, will have no responsibility for Third-Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
  2. Should you choose to accept or purchase any goods or services from any such third-parties, those dealings will be solely between you and the third-party and wholly at your own risk.  MYVISION will have no responsibility or liability for or in connection with any such dealings.
  3. If you access the App through or using any services or software provided by third-parties, you acknowledge and agree that MYVISION is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third-party services or software.

LIABILITY

  1. Nothing in these Terms of Use shall exclude or restrict MYVISION's liability for any matter that cannot be excluded or limited under Applicable Laws, including any statutory guarantees which apply under the relevant consumer laws.
  2. Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
  1. MYVISION is not responsible or liable for any loss or damage of any sort incurred as a result of or in connection with your use of, or inability to use, the features of the MyVision App;
  2. in no event shall MYVISION, or its agents, representatives, suppliers and contractors or related bodies corporate (collectively, "Associated Parties") be liable for any indirect or consequential loss, or any loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the use of the App (whether authorised or unauthorised), or these Terms of Use;
  3. MYVISION and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the total amount of monies received by MYVISION or the Associated Parties from you in connection with your use of the App in the twelve (12) month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use; and
  4. MYVISION shall not be responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the App.

WARRANTIES

  1. To the maximum extent permitted under at law, the MyVision App and any product, service or other item provided by or on behalf of MYVISION are provided on an "as is" and "as available" basis and we expressly disclaim, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, MYVISION does not represent or warrant that the App is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

INDEMNITY

  1. You agree to indemnify MYVISION and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense (including reasonable solicitors' fees), in any way arising out of, in relation to or in connection with directly or indirectly your breach of these Terms of Use or any Applicable Laws, or your use or misuse or conduct in connection with, the App.

COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

  1. If you have any questions, feedback or complaints, please contact the MYVISION team at the following email address: myvision@visionpt.com
  2. These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by the laws of  New South Wales.  The courts of New South Wales shall have exclusive jurisdiction to determine any dispute arising from or connected with these Terms of Use.
  3. Nothing in these Terms of Use will affect your rights under any mandatory provisions which cannot be excluded under the consumer laws which apply in relation to your use of the MyVision App.

GENERAL PROVISIONS

  1. MyVision may assign or transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or our obligations under these Terms of Use.  You may not transfer your User Account, or any of your rights and obligations under these Terms of Use to another person.
  2. If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
  3. No waiver of any provision hereof shall be valid unless in writing and signed by the parties.  Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.