TERMS OF USE

These terms and conditions apply to the use of this Site, the 28 by Sam Wood mobile device application (“the App”), and the Health Club Online Exercise and Nutrition Program accessible via this Site and the App (“the Program”). The Site, App, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.

During your membership to the Health of the Nation Health Club (“Health Club”), subject to these terms, 28 grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. 28 reserves all rights not expressly granted herein in the Services. 28 may terminate this license at any time for any reason or no reason.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“App” means that part of the Online Content delivered and made available via a mobile (eg smart phone) device, as contrasted to a laptop or personal computer device, and downloaded through a Participating App Store;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of Health Club Online Exercise & Nutrition Program by 28 to you;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Health Club Online Exercise & Nutrition Program” means the online courses on a variety of topics relevant to 28 including the Online Content accessed via the Site or the App;

“Health of the Nation Health Club” means the program you are on for free during the 8-Week period from 5 February 2024 until 31 March 2024;

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;

“Online Content” means the online content provided by 28 to You, including but not limited to the consumer Exercise & Nutrition content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by 28 via the Site or the App;

“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application stores authorised by 28 to distribute the App as a third party distributor;

“Services” means the services provided by 28 which allows you to access the Online Content, Site, App and Program;

“Site” means the website28bysamwood.com;

”Site Terms” means these terms and conditions;

“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services;

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Health Club Online Exercise & Nutrition Program from 28;

“28” means the 28 by Sam Wood program offered by Australian Life Tech Pty Ltd.

APPLICATION OF TERMS OF USE

1. The Services are owned and operated by 28.

2. Through this Site or the App:

• you can register as a member of Health Club;
  • gain free access to Health Club for the duration of the program; and
  • access the Online Content, subject to being eligible.

3. 28 may amend these terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and the App and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these terms, as amended.

4. 28 reserves the right to vary or modify the information contained on this Site or the App, to change or discontinue any feature or part of this Site or the App, to change the hours of availability and the equipment required to obtain access to this Site or the App, without notice and without liability.

MEMBERSHIP AND MEMBER INFORMATION

5. You may be prompted to register for access to the Services on this Site or the App and to submit certain information in order to fully utilise the Health Club Online Exercise & Nutrition Program provided (Member Information). The Member Information may include, but is not limited to, your name and contact details.

6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site or the App which occur under your login and password.

7. You will be able to access and modify your membership details from either the App or the Site.

8. If you create and register an account via the App, You may create your account and registration manually on the App or via Facebook or other applicable third party social networking services (SNS) by permitting access to your SNS profile to populate account details.

9. Membership is non-transferable.

10. 28 may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ‘Settings’ page.

11. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

12. You must indemnify 28 for any losses, costs, expenses or damages that 28 may suffer or incur if any if the Member Information provided by you is not correct.

13. 28 will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from 28 isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from 28 at any time.

PAYMENT TERMS

14. Users will receive access from 19 January 2024 and go into a pre-season with limited access to the Services until the Health Club program starts on Monday 5 February 2024, whereupon You will receive full access to the Services.

15. No credit card details are required to join the Health Club program. Following the completion of the Health Club program your membership will cease unless You choose to opt in to the 28 paid program.

PRIVACY

16. 28 may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to 28’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for 28 to deal with your personal information.

SECURITY OF INFORMATION

17. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.

18. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

19. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site or the App.

LINKS TO OTHER SITES

20. You may be able, through hypertext or other computer links, to gain access to other sites operated either by 28, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under 28’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, 28 is not responsible for the content of any Linked Sites, or any changes or updates to such sites. 28 provides these links for your convenience only. You link to any such Linked Sites at your own risk. 28 is not a party to any transaction between you and a Linked Site. Unless specified, 28 does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE OR THE APP)

21. 28 does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site or the App (Information) or that it is suitable for your intended use. The Information is provided by 28 in good faith on an “as is” basis without warranty of any kind.

22. 28 does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site or the App and the Information is at your own risk.

23. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.

24. 28 makes no warranties, guarantees or representations that the material in this Site or the App will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.

25. 28 recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site or the App is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

LIMITATION OF LIABILITY (USE OF THE SITE)

26. If you are pregnant, breastfeeding, unsure of your physical capability, taking medication and/or if you have a medical condition, we recommend that you seek advice from a healthcare professional, including but not limited to a general practitioner or physiotherapist, before commencing any exercise or nutritional program.

27. 28 will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site or the App. Under no circumstances will 28 be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site or the App results in the need for servicing or replacing of equipment, 28 will not be liable for those costs.

28. Where liability cannot be excluded, any liability incurred by 28 is limited to the re-supply of the Information on the Site or the App or the reasonable costs of having the Information re-supplied.

29. 28 Cannot guarantee device compatibility with the App, or smooth running of the App on the member’s wireless carrier.

THIRD PARTY MATERIAL

30. Certain Information may include material from third parties.

31. You agree that 28 is not responsible for examining or evaluating the content or accuracy of the third party material and 28 does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

32. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that 28 is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

33. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of 28 or third party suppliers as the case may be.

34. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without 28’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.

35. All trade marks and trade names which appear on this Site are proprietary to 28 and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

36. 28 takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by 28 or individuals, groups or companies interacting with the Services, you can notify us at hello@sales.28bysamwood.com.au

SPAM

37. The publication of 28’s email addresses on this Site is to facilitate communications relating to the Health Club Online Exercise &Nutrition Program and Services supplied by 28. It must not be inferred as consent by 28 to receive unsolicited commercial electronic messages.

MEMBER SUBMISSIONS / User Generated Content

38. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Health Club Online Exercise &Nutrition Program (Member Submissions). You irrevocably grant to 28 a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of 28 all moral rights in any jurisdiction.

39. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify 28 for any losses, costs, expenses or damages that 28 may suffer or incur as a result.

40. 28 reserves the right, but not the obligation, to review, edit or delete any Member Submissions that 28 deems to be illegal, offensive or otherwise inappropriate.

DELIVERY OF HEALTH CLUB ONLINE EXERCISE & NUTRITION PROGRAM

41. 28 will make the Health Club Online Exercise & Nutrition Program available for access from the Site.

42. Any period or date for the access of the Health Club Online Exercise & Nutrition Program stated by 28 is an estimate only and not a contractual commitment.

43. 28 will use its reasonable endeavours to meet any estimated dates for access to the Health Club Online Exercise & Nutrition Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.

44. You must advise 28 in writing within 72 hours after being advised that the Health Club Online Exercise & Nutrition Program is available for access from the Site:

45. of the inability of the Health Club Online Exercise & Nutrition Program to be accessed;

46. if there is damage to the Health Club Online Exercise & Nutrition Program; or

47. that the wrong Health Club Online Exercise & Nutrition Program has been received.

48. Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

USE OF ONLINE EXERCISE & NUTRITION PROGRAM

49. You acknowledge and agree that all Health Club Online Exercise & Nutrition Program is protected by copyright or other intellectual property rights and laws and remain the property of 28 or third party suppliers as the case may be.

50. Other than as required to use the Health Club Online Exercise & Nutrition Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Health Club Online Exercise & Nutrition Program;

(b) modify or make any alterations, additions or amendments to any part of the Health Club Online Exercise & Nutrition Program;

(c) create derivative works from, any content, information, software, Health Club Online Exercise & Nutrition Program;

(d) convert the Health Club Online Exercise & Nutrition Program into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Health Club Online Exercise & Nutrition Program or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

51. Regardless of whether the Health Club Online Exercise & Nutrition Program includes security technology that limits your use of the Health Club Online Exercise & Nutrition Program, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF THE HEALTH CLUB ONLINE EXERCISE & NUTRITION PROGRAM)

Personal Injury Disclaimer

52. 28 does not warrant or represent that the Health Club Online Exercise & Nutrition Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.

53. Health Club Online Exercise & Nutrition Program may include material from third party authors or suppliers.

54. You agree that 28 is not responsible for examining or evaluating the content or accuracy of the third party material and 28 does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

55. 28, its authors or its suppliers may make changes to Health Club Online Exercise & Nutrition Program at any time in their sole discretion without notice or liability.

56. 28 reserves the right to suspend, remove, or disable access to Health Club Online Exercise & Nutrition Program at any time without notice or liability.

LIABILITY (HEALTH CLUB ONLINE EXERCISE & NUTRITION PROGRAM AND SERVICE)

57. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Health Club Online Exercise & Nutrition Program or Services, the agreement between you and 28 does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Health Club Online Exercise & Nutrition Program or the Services or any contractual remedy for their failure.

58. If you are a Consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against 28 for failure of a statutory guarantee under the ACL.

59. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

60. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by 28 in relation to the Health Club Online Exercise & Nutrition Program or the Services or their use or application.

MISCELLANEOUS

61. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

62. 28’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of 28’s rights.

63. If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

64. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

LICENSED APPLICATION – ACKNOWLEDGMENT

65. The Site Terms and the license granted herein are between 28 and You. Where you create and register an account with the App Store, Apple is not responsible for this licensed application and the content thereof. This license is limited to a non-transferrable license to use the licensed application on any Apple-branded products the user owns or controls. Apple is not responsible for any maintenance and support, warranty, production claims, intellectual property infringement claims.

TO RETURN TO THE SITE

63. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.

Jan 2024