Terms & Conditions

TERMS & CONDITIONS

INTERPRETATION

Unless the contrary intention appears: -

Agreement: means these Standard Terms & Conditions, as amended from time to time. Coach means the Muscle Nerds Consulting coach or educator allocated to provide Services to You.

Event of Default: means any of the following events:

(i) You are in breach of this Agreement;

(ii) if You are a company:-

An order is made or a resolution is passed for winding You up;
A receiver, liquidator or an administrator is appointed;
You go into liquidation or enter into an arrangement with your creditors;
You stop payment or are unable to pay your debts;

(iii) if You are a natural person:-

You become bankrupt or enter administration;
You die or become incapable of managing your affairs;
You cease or threaten to cease carrying on business.

Fees: means the fees payable by You to Muscle Nerds Consulting for the Services, as set out in the Order Confirmation.

GST: means any goods and services tax which applies to the provision of the Services under any applicable legislation.

Order Confirmation means a written order confirmation from Muscle Nerds Consulting confirming its acceptance of an order for Services from You.

Minimum Term means a minimum term applicable to provision of a Service as set out in the relevant Order Confirmation.

Muscle Nerds Consulting means Muscle Nerds Consulting Pty Ltd ACN 617 207 815.

Muscle Nerds Consulting IP means all intellectual property rights owned or held by Muscle Nerds Consulting, whether registered or not, including trademarks, copyright, programs and educational materials, designs, logos, trade secrets and know-how.

Services: means the services Muscle Nerds Consulting provides to You, including any online personal fitness and training advice, programming or training, educational services and all associated services.

You: means you, the customer of Muscle Nerds Consulting.

APPLICATION OF TERMS

The terms of this Agreement apply to every Service provided by Muscle Nerds Consulting to You.

You agree to the terms and conditions set out in this Agreement every time you submit an order to Muscle Nerds Consulting for Services, whether that is done online, by telephone, in person or otherwise.

You also agree to the terms and conditions set out in this Agreement whenever you accept Services from Muscle Nerds Consulting.

We will send you a written confirmation for each order you submit to us that we accept. This will be an Order Confirmation.

MINIMUM TERM

Muscle Nerds Consulting may require a minimum commitment in relation to the term applicable to a Service and the Fees payable for that Service. The applicable minimum term will be set out in the Order Confirmation.

FEES

The Fees applicable to each of the Services will be set out in the relevant Order Confirmation.

Timing for Payment: You must pay all Fees in the timeframe specified in the Order Confirmation.

You must pay all Fees to Muscle Nerds Consulting in the manner specified in the Order Confirmation or in any other manner reasonably required by Muscle Nerds Consulting from time to time. This includes electronic funds transfer, BPay and direct debit.

Invoices: Muscle Nerds Consulting will provide You with a tax invoice for Fees in accordance with their usual practices, as amended from time to time, or upon written by You.

GST: In addition to the Fees, you must pay all GST applicable to the supply of Services and Muscle Nerds Consulting will include the GST in its tax invoices to You.

Credit: Muscle Nerds Consulting may, at its discretion, extend credit to You for payment of Fees on terms satisfactory to Muscle Nerds Consulting. For example, payment for Fees in arrears would constitute credit terms. Muscle Nerds Consulting may vary or withdraw any credit granted to You at any time.

CANCELLATIONS

If you cancel a Service during an applicable Minimum Term, Muscle Nerds Consulting will charge a cancellation fee equal to 50% of the remaining balance of the applicable Fees for the Minimum Term.

Consultations and internship Services may be rescheduled by agreement with Muscle Nerds Consulting. If You cancel a consultation or internship Service, rather than reschedule the Service, You will not be entitled to a refund.

If you cancel a Service that is for a training course or educational course, Muscle Nerds Consulting will refund a maximum of 25% of the Fees paid for the Service and will be entitled to retain the balance.

Muscle Nerds Consulting may allow You to transfer your entitlement to attend a training or educational course to a third party provided that you meet Muscle Nerds Consulting’s requirements, as amended from time to time.

VARIATION, SUSPENSION AND TERMINATION

This Agreement bay be varied by agreement in writing by You and Muscle Nerds Consulting.

Although it is not Muscle Nerds Consulting’s responsibility to do so, Muscle Nerds Consulting may suspend or terminate provision of the Services if it forms the view, acting reasonably, that you are not in a state or condition suitable to receive or carry out activities suggested or recommended as part of the Services. In such case, Muscle Nerds Consulting may suggest alternative services or provide referrals to other service providers, if appropriate. It is Your responsibility to ensure that any services or service providers you use suit Your needs and circumstances. Muscle Nerds Consulting shall not be responsible for the acts or omissions of any third parties under any circumstances.

If an Event of Default occurs, Muscle Nerds Consulting may, without prejudice to its other rights, cease providing Services and recover from You all amounts payable by You.

You may terminate this Agreement and any Services by giving twenty-eight (28) days’ notice in writing to Muscle Nerds Consulting. All notices should be sent to [email protected].

Upon Your request to do so, Muscle Nerds Consulting may agree, but is not obliged, to suspend the Services. Suspension will be at Muscle Nerds Consulting’s sole discretion.

HEALTH, SAFETY, INJURY AND ILLNESS

Not Medical Advice: No Service or information provided by Muscle Nerds Consulting is intended to be or constitutes:-

Medical advice, diagnosis or treatment of any condition and should not be relied on or used in this manner under any circumstances; or
An alternative to medical advice, diagnosis or treatment of any condition.

All Services and information provided by Muscle Nerds Consulting is general in nature and for educational purposes only. You should seek appropriate medical and health advice from appropriately qualified professionals for any medical or health concerns You have from time to time. You should never delay obtaining such advice, disregard advice or discontinue treatment because of any Service or information provided by Muscle Nerds Consulting to You.

Health Concerns: You must inform your Coach of all illnesses and injuries that may be relevant to the Services, whether the illnesses or injuries occur before, during or after the period where Muscle Nerds Consulting provides any Services to You.

Where relevant to the Services, Muscle Nerds Consulting may require that You:-

Provide a medical certificate or medical clearance; and/or
Authorise Muscle Nerds Consulting to liaise with any medical or other health professional,

In relation to any of Your illnesses and injuries if your Coach is concerned about your health and/or wellbeing. If You fail to provide a medical certificate or clearance or appropriate authorisation when requested, Muscle Nerds Consulting may suspend or terminate the Services.

Your Responsibility: You are responsible for ensuring that You are in a suitable state and condition to be accepting our Services and to be carrying out any activities suggested or recommended by Muscle Nerds Consulting as part of the Services.

You acknowledge and agree that participating in sport, fitness activities and exercise of any kind exposes You to a risk of injury and/or illness, both minor and major in nature.

LIMITED LIABILITY

No Liability: To the fullest extent permitted by law, Muscle Nerds Consulting will not be responsible for any injury or illness You suffer at any time, including during and after we provide Services to You, even if such illness or injury is the direct result of you undertaking any activity suggested or recommended by Muscle Nerds Consulting as part of the Services or Muscle Nerds Consulting is negligent.

Indemnity: To the fullest extent permitted by law, you fully indemnify Muscle Nerds Consulting, including its Coaches, officers, employees, contractors and consultants from and against all loss, damage, costs and claims of any kind suffered by any party resulting or arising from any injury or illness You or any other person suffers for any reason at any time, even where Muscle Nerds Consulting is negligent.

LAWS THAT CANNOT BE EXCLUDED

Subject to clause 9.2, nothing in this Agreement excludes, restricts or modifies (or attempts to do so) any law applicable to the Services which cannot lawfully be excluded, restricted or modified, including pursuant to the Australian Consumer Law.

Where liability cannot be excluded but can be limited, Muscle Nerds Consulting’s liability will be limited to any one or more of the following as applicable, at Muscle Nerds Consulting’s discretion:-

The replacement of goods or the supply of equivalent goods;
The repair of goods;
The payment of the cost of replacing goods or of acquiring equivalent goods;
The payment of the cost of having goods repaired;
The supplying of services again; or
The payment of the cost of having services supplied again.

MUSCLE NERDS CONSULTING INTELLECTUAL PROPERTY

You are likely to come into possession of Muscle Nerds Consulting IP during the course of this Agreement. You must not use Muscle Nerds Consulting IP for any purpose other than for receiving the Services.

At all times, the Muscle Nerds Consulting IP remains the sole property of Muscle Nerds Consulting.

You must not use or share any Muscle Nerds Consulting IP in any way except in a way specifically permitted under this Agreement. For example, You must not without Muscle Nerds Consulting’s prior written consent share or post any programs or information provided to You by Muscle Nerds Consulting on any social media sites (such as Facebook and Instagram), by email or other messaging service. Doing so is a breach of this Agreement and is an illegal use of Muscle Nerds Consulting IP. If Muscle Nerds Consulting consents in writing to any such use of the Muscle Nerds Consulting IP, You must identify Muscle Nerds Consulting as the author and owner of the Muscle Nerds Consulting IP.

You agree that any new intellectual property discovered or coming into existence as a result of, for the purposes of or in connection with the provision of the Services will vest in and be owned by Muscle Nerds Consulting.

UNFAIR CONTRACTS

This Agreement constitutes Muscle Nerds Consulting’s standard terms and conditions of business. However, You acknowledge and agree that you have the right to negotiate any term or condition in this Agreement with which You have any concerns. In order to do so, You should submit any requests to vary the terms of this Agreement to Muscle Nerds Consulting in writing.

By accepting the terms and conditions of this Agreement, You acknowledge and agree that they are fair and reasonable.

PERSONAL INFORMATION

Muscle Nerds Consulting collects and uses personal information for the following purposes:-

The processing and approval of Your orders for Services;
Developing and delivering the Services to You;
Transactions relating to the Services, including payment of Fees; and
Marketing and promotional purposes, including to inform You of other goods and services Muscle Nerds Consulting, and/or its business partners, offer.

If Muscle Nerds Consulting does not collect your personal information, Muscle Nerds Consulting may not be able to provide you with the Services or any information You may request.

Muscle Nerds Consulting may disclose some or all of this personal information to third parties with whom it collaborates for events or training sessions or service providers providing services to Muscle Nerds Consulting, such as marketing or IT management.

Muscle Nerds Consulting may disclose your personal information to overseas recipients for support and assistance as Muscle Nerds Consulting uses or may use cloud based internet applications that are hosted outside of Australia for its operational business platform.

GENERAL CONDITIONS

This Agreement is governed by the laws of Queensland, Australia and the parties hereby submit to the non-exclusive jurisdiction of the Brisbane Central Courts of Queensland.

You may not assign Your rights and interests under this Agreement without the prior written consent of Muscle Nerds Consulting.

This Agreement represents the entire agreement between You and Muscle Nerds Consulting, except as varied in writing or as otherwise varied in accordance with this Agreement.