ACCEPTANCE OF TERMS

Terms and Conditions

Jayne and Katie really want to help you to get stronger and stay stronger. We have created these videos because we want you to have great quality content you can access wherever you are whenever you have time. Having said that we have some terms and conditions in place to keep both you and the content that we create for 3×30 safe. 

Please read the “Terms and Conditions” of use and “Privacy Policy” carefully before using 3×30. By accessing and/or using the website (other than to read these terms of use for the first time). You are agreeing to comply with the “Terms and Conditions” of use and “Privacy Policy”, which may change from time to time as set forth below.
ASSUMPTION OF RISK

I acknowledge that it is a condition of participating in this 3×30 that I do so at my own risk.

I accept all risks and hereby indemnify and release the the trainers at 3×30, their agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with the 3×30, against all liability (including liability for their negligence and the negligence of others) claims, demands, and proceeding arising out of or connected with my participation in this program.

I acknowledge that participating in this 3×30 may involve a risk of serious injury or even death from various causes including: over exertion, dehydration, equipment failure and accidents with equipment and surroundings. 

I recognise the difficulties associated with the 3×30 and warrant I am physically fit to participate safely in the 3×30 and that a qualified medical practitioner has not advised me otherwise.

I understand the demanding physical nature of this 3×30. I am not aware of any medical condition, injury or impairment that will be detrimental to my health if I participate in this program. In the event that I become aware of any medical condition, injury or impairment that may be detrimental to my health if I participate I will not continue with the program. By continuing to participate in 3×30, I accept the risks despite these conditions and am still, and will always be under the terms of this agreement.

We do not guarantee any specific fitness results in any of our programs. Although we have designed our programs to help users achieve their fitness goals we cannot guarantee any specific outcomes. Everyone’s body is different, and results may vary depending on factors such as genetics, diet, and lifestyle. Our programs are intended for informational purposes only and should not be construed as medical advice. 
USE OF THE WEBSITE
The 7 Day free trial is limited to one per customer. Unless otherwise stated in respect of specific promotions, free trials are only available to new 3×30 users, and we reserve the right to cancel any trial subscription immediately if we become aware that the subscriber 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 result in you being charged for the applicable subscription fees.

At the end of a trial period, the membership rolls over to the full membership price and the card provided is charged for the fortnightly membership subscription until cancellation. You can cancel at any time. You will not be charged for the next fortnightly subscription as long as you cancel the day before the next fortnightly payment is due.  Membership subscriptions automatically renew fortnightly, with charges automatically recurring at fortnightly intervals for the duration of your subscription.

We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you not less than thirty (30) days in advance via email. If you do not wish to accept a price change, you may cancel your subscription prior to the price change taking effect. If you do not cancel your subscription after the price change takes effect and prior to the start of your next billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. 

By proceeding to access and use our website, you acknowledge your agreement to be bound by the following Website Terms and Conditions of Use and Privacy Policy (“Terms and Conditions”). We may update the Terms and Conditions at any time without notice to you, the user. You, the user, agree to be bound by any future amendments made to the Terms and Conditions. Any changes or amendments to the Terms and Conditions may be accessed through our website and become effective when the revised Terms and Conditions are posted on this website or you are otherwise notified of such changes. In addition to the Terms and Conditions, when accessing certain portals or pages within the website, the user shall be subject to any posted guidelines or rules applicable to such services. All such guidelines, including privacy policies, or rules are hereby incorporated by reference into these Terms and Conditions. If you are using our website on behalf of a company, organisation, or any legal entity, then you represent that you have the legal authority to bind such organisation or legal entity to these Terms and Conditions.

Your use of the website is for information and advertising purposes only. Your use of our website does not bind us and does not establish a client-agent relationship. You must enter into a written agreement and pay any applicable fees to sign up for any of our services.
SYSTEM REQUIREMENTS

You are responsible for the selection, installation, maintenance, and operation of your computer, devices or software while using our website. We are not responsible for any errors, failures, or malfunctions of your computer or software or for any malicious software when accessing our website. You are responsible for ensuring that your computer and software are compatible with this website and are responsible for any updates needed in doing so.

PROPRIETARY RIGHTS AND LICENCE TO USE WEBSITE

Unless otherwise stated in this website, we own the intellectual property rights in the website and material on the website, including, but not limited to authorship, design, text, images, software, graphics, videos, messages, or other material. All such content is protected by copyright, trademark and other forms of proprietary rights. Subject to the licence below, all these intellectual property rights are reserved. You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. 

Legal & Privacy

Privacy Policy

We are committed to protecting the privacy of our customers’ personal information. State and federal law requires that we notify you about how we collect, store, protect, and share the personal information you provide.  We do not sell your personal private information to anyone.

When you utilise our website or become a client or contractor or vendor for us, certain personal information is required. The information submitted to us will be used primarily for the purpose of providing you with accurate information and to further a contractual relationship. We may also use this information to deliver to you information about us and promotional material from some of our partners, trend analysis, pattern detection, and site administration. Any information received is necessary to provide a level of certainty of intent and to maximise credibility. Your information may also be needed in order to aid with the continual improvement of the site, compile basic demographic data and to generally improve the services offered to you. Additionally, we may collect nonpublic personal information about you from the following sources:

  • Information we receive from you;
  • Information about your transactions with us, our affiliates, or others; 
  • On documentation you provide to us;
  • Your name;
  • Your address;
  • Your email address;
  • Your telephone number;
  • Your date of birth;
  • Your bank information;
  • Your business information.


We restrict access to this nonpublic personal information and it is only available to our employees who need the information for valid business reasons. We never share any of this information unless required for a valid business reason, authorised by you, or permitted/required by law. 

Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the internet, we will take reasonable steps to ensure the safety of your personal information.

Our website may contain links to other websites. We are not responsible for the privacy practices or the content of third-party websites. 

If you have any questions about what information we have in our file or about this privacy policy, please contact us at hello@3×30.com.au

EARNINGS DISCLAIMER
We believe in providing high-quality educational materials and services to our users. However, we want to make it clear that buying our products or services, using our website, subscriptions or apps, or subscribing to any of our services does not guarantee any specific results, including earnings or any number of clients. We cannot, and DO NOT, guarantee that you will achieve any particular outcome or result through the use of our materials or services. We want to emphasise that our platform is educational in nature, and we provide information and guidance to help our users make informed decisions. Any results that may be achieved by using our products, services, or materials depend on a variety of factors that are outside of our control. We do not make any promises or guarantees regarding the success or failure of any investment, financial or personal decision, or any other outcome based on the use of our products or services. We want to emphasise that our platform is educational in nature, and we provide information and guidance to help our users make informed decisions. Any results that may be achieved by using our products, services, or materials depend on a variety of factors that are outside of our control. We do not make any promises or guarantees regarding the success or failure of any investment, financial or personal decision, or any other outcome based on the use of our products or services.
NO REFUND

No refunds are available regardless of any circumstances. Once a purchase has been made, it is final and non-refundable. This policy is in place to ensure that customers are aware of the commitment they are making when they decide to purchase a product or service. It also sets clear expectations and helps to prevent misunderstandings or disputes regarding refunds. No exceptions will be made, meaning that the policy applies to all customers, regardless of their particular situation or circumstances. It is important for you to carefully consider your purchase decision before completing the transaction, as there will be no opportunity to receive a refund if you change your mind later on. 

MEDIATION/ARBITRATION

In the event a dispute shall arise between you and 3×30 under this agreement, the parties agree to resolve the matter in mediation. The parties agree to share the costs of mediation equally and both parties agree to participate in the selection of a mediator. Any disputes not resolved in mediation shall be resolved in binding arbitration. the parties agree to share the costs of binding arbitration and to participate in the selection of an arbitrator.

STATUS

You acknowledge that by using our website, any of our products or services, or by subscribing to any of our platforms, you do not become an agent, business partner, joint venture, member, nor employee of 3×30.  You have no authority to bind or otherwise obligate us in any manner nor shall you represent to anyone that you have a right to do so.  You further agree that in the event that we suffer any loss or damage as a result of a violation of this provision, you shall indemnify and hold us harmless from any such loss or damage.

CONFIDENTIALITY AND NON-DISCLOSURE

You agree not to disclose or otherwise reveal to any third party financial information, coaching systems, teaching techniques, work-out sessions, projects, financial reference, business and technical information, including but not limited to information relating to products, plans, calculations, concepts, guidelines, manuals, system design, blueprints, computer programs, algorithms, software, firmware, hardware, manuals, drawings, photographs, devices, processes, specifications, processes, instructions, research, videos, test procedures and results, equipment, identity and description of computerised records, customer lists, supplier identity, marketing and sales plans, business plans, costs, pricing information, all other concepts or ideas involving or reasonably related to the business or prospective business of 3×30 , and all information derived directly or indirectly from the foregoing, by written, oral, electronic communication or otherwise (collectively, the “Confidential Information”). You further agree to inform such employees or authorised representatives of the confidential nature of Confidential Information and agree to take all necessary steps to ensure that the terms of these Terms and Conditions are not violated by them. The Confidential Information shall also include without limitation, information furnished to you prior to or after the date of this Terms and Conditions and regardless of the manner in which it is furnished. This Confidentiality and Non-Disclosure section will survive the termination of this Terms and Conditions agreement for a period of ten (10) years thereafter. 

BREACH OF TERMS AND CONDITIONS

In the event you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

SEVERABILITY

If any one or more of the provisions contained in these Terms and Conditions is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions contained in the Terms and Conditions, but the Terms and Conditions will be construed as if those invalid, illegal, or unenforceable provisions had never been contained the Terms and Conditions.

NO WAIVER

Any failure on our part to insist upon the performance of any of the provisions under these Terms and Conditions shall not be construed as a waiver of any provision of the Terms and Conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

GOVERNING LAW

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Victoria without giving effect to any principles of conflicts of laws. All parties agree to the exclusive jurisdiction of Victoria, Australia. 

HEADINGS

The descriptive headings of the sections and subsections of these Terms and Conditions are for convenience only, and do not affect the construction or interpretation of the Terms and Conditions.

YOU, THE USER, AGREE TO INDEMNIFY AND HOLD 3×30  ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES HARMLESS FROM ANY LIABILITY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF 3×30, ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES FROM ANY SUIT, CLAIM, ACTION, COUNTERCLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS ARISING OUT OF THE ACTS OR OMISSIONS OF 3×30 AND ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES.

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