Boxing Brothers Online Coaching
Terms and Conditions
PLEASE READ CAREFULLY BEFORE STARTING A PROGRAM
Boxing Brothers Online Coaching (BBOC) is an online training platform provided by Anotera Training Pty Ltd (Anotera). If you need to contact Anotera about any matter relevant to these terms,please do so by emailing coach@boxingbrothersoc.com.
1. Purpose of this document
This document sets out the terms on which you may subscribe to a service provided through this website (Program).
By subscribing to a Program you are creating a legally binding agreement between you and Anotera. This document sets out the terms of that agreement. These terms may be amended by Anotera asprovided below.
You agree to comply with these terms in relation to any Program in which you participate. Acceptance ofthese terms will occur if you submit a subscription application through this website, make a subscription payment for a Program or otherwise access a Program offered by Anotera.
2. Program participation
A variety of physical training programs (Training Programs) are available through this website. Information is also provided in regard to health and lifestyle habits which can support your training (Information Programs).
General guidance is provided to assist subscribers regarding participating in a Training Program. However, you will need to determine whether a Training Program is appropriate for you given your level of fitness, general health and any illnesses, injuries or health conditions. You should consider seeking medical advice to assist you in making this determination.
You should not participate in a Training Program under the influence of alcohol, drugs or medication which may impair your ability to exercise safely. You should also ensure that the environment in which you are exercising, and any equipment that you are using, is appropriate and safe.
You should also consider your limits in undertaking a Training Program. These may change fromday-to-day. You should rest when necessary and stop exercising if you experience unusual pain, dizziness or fatigue.
Information Programs are provided to support your training. The information presented in these programs is on the basis of expertise and experience as a personal trainer. You should consider whether the information provided is appropriate for your circumstances and seek medical or allied health advice, as appropriate to your circumstances.
3. Subscription
You can access a Program by completing the subscription application form. The applicable subscription fee will be direct debited from the account nominated by you.
Program access is on a subscription basis. Once you have subscribed to a Program you will be able to access the content of that Program.
At the end of each subscription period, a new subscription period will automatically commence and subscription fees for the new subscriptionperiod will be direct debited from your nominated account (unless you notify Anotera by email that you want to cancel your subscription prior to the end ofthe subscription period).
If you do not pay subscription fees when these are due for payment, your access to this website and the Programs will be cancelled until you pay the subscription fees.
You may cancel your subscription at any time via the members’ area of the BBOC website.
Anotera may terminate your subscription if you breach these terms and conditions.
Your subscription is personal to you and cannot be transferred to another person.
4. Subscription payment
Payments are made via this website and are facilitated by Stripe.
Subscription fees paid for a subscription period are non-refundable.
You agree that any costs incurred by Anotera as a result of a dishonoured direct debit payment from your nominated account, may be recovered by Anotera as a debt due and owing by you in a court of competent jurisdiction.
5. Access to Programs
Once you have subscribed to a Program, you will be issued with log in details.
You must keep your log in details securely and not disclose these to any other person. You must immediately notify Anotera by email if there is (or you suspect) a loss of, unauthorisedaccess to, or disclosure of, your log in details.
6. The Brotherhood Facebook Group
Your subscription to a Program will enable you to participate in The Brotherhood Facebook Group. Participation in this group is voluntary and not a requirement for accessing the Programs.
Participation in the Facebook Group is subject to rules as published from time to time on the BBOC website.
To the extent permitted by law, Anotera is not responsible for the participation of subscribers in the Facebook Group or any information provided or published through this group by any other person.
7. Ownership of Programs
Anotera is the owner of the Programs provided through this website (including ownership of all intellectual property rights in those Programs).
Your subscription to, and participation in, any Program does not transfer any ownership rights to the Program or Program material to you or any other person.
You are not permitted to copy, adapt, modify, publish or transmit any Program material or use Program material for any commercial purpose,without the prior written approval of Anotera.
8. Ownership of website and content
Anotera is the owner of this website and its contents(including all intellectual property in the website and its contents). You are not authorised to copy, adapt, modify, publish or transmit this website or its contents, or any part of the website orcontents.
You must only use this website and its content (including the Programs) for the purpose of personal training. You must not use the website for any illegal purpose.
9. Personal information
In order to provide services to you, Anotera will collect personal information about you. Your personal information will be collected, used, stored and disclosed inaccordance with the Anotera Privacy Policy. A copy of this policy can be accessed on the BBOC website.
10. Liability
You agree that you are responsible for assessing your ability to participate in a Program offered through this website at your own risk.
To the extent provided by law, Anotera and its directors, employees and contractors will not be liable to you for any direct or indirect damage, claim, liability, cost or loss arising from, or in connection with, your participation in a Program or use of this website.
You are responsible and liable for any injury or property damage suffered by you or any other person which is caused by, or is in connection with, your participation in a Program.
You release Anotera and its directors, employees and contractors in respect of any direct or indirect liability arising from, or in connection with, your participation in a Program.
You indemnify Anotera and its directors, employees and contractors in respect of any direct or indirect damage, claim, liability, cost or loss of any person arising from, or in connection with, your participationin a Program or use of this website.
To the extent permitted by law:
(a) warranties, guarantees or representations which may be implied into this agreement by legislation are excluded; and
(b) Anotera limits its liability for any service provided to you by Anotera (including any Program) to the resupply of the service or the cost of having the service resupplied.
11. Concerns and disputes
If you have any concerns regarding your participation in a Program or these terms, then you should contact Anotera by email. You and Anotera agree to use best efforts to resolve any concerns through good faith discussions.
If a dispute arises between you and Anotera which cannot be resolved within 60 days through discussion, then either party may refer the dispute to mediation.
The mediator will be selected jointly by Anotera and you. If we cannot agree on a mediator, then the mediator will be selected by the President of the Law Society of South Australia.
Each party will bear its own costs of the mediation. The costs of the mediator (including mediator fees, venue hire and administration costs) will be shared equally by you and Anotera.
Nothing in this clause prevents:
(a) you or Anotera from seeking urgent interlocutory relief from a court of competent jurisdiction; or
(b) Anotera from seeking to recover moneys owed by you under these terms as a debt.
12. These terms and conditions
These terms may be amended by Anotera from time to time. Amended terms will be published on the Anotera (Boxing Brothers Online Coaching) website and will come into effect 4 weeks after publication. Contact Anotera by email if you have any concerns or questions regarding any amended terms and conditions.
If any of these terms is unlawful or unenforceable, then the unlawful or unenforceable term will be construed so as to be lawful and enforceable (but if this is not possible, then the unlawful or unenforceable term will be severed from this agreement). The agreement between you and Anotera (other than any severed provision)will continue in full force and effect.
If Anotera does not:
(a) enforce an obligation which you owe to Anotera under this agreement or
(b) seek a remedy if you are in breach of this agreement,
this does not constitute a waiver of your obligation and Anotera is not precluded from enforcing that obligation or seeking a remedy in the future.
This agreement between you and Anotera is governed by the law of South Australia. Any legal proceedings in respect of this agreement will be commenced in a court of competent jurisdiction in that State.
