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 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 28 membership, 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 Online Exercise & Nutrition Program by 28 to you;

“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;

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

“Legacy Member” means Members already subscribed to 28 Services, who will continue to be charged every 28 days the legacy fee of $49. The monthly fee of $58.99 applies to any new or returning member.

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

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

“28” means 28 by Sam Wood Pty Ltd;

“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 website 28bysamwood.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 Online Exercise & Nutrition Program from 28.

APPLICATION OF TERMS OF USE

  1. The Services are owned and operated by 28.
  2. Through this Site or the App:
    • 2.1 you can register as a member;
    • 2.2 purchase access to the Online Exercise & Nutrition Program; and
    • 2.3 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 of Use, 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

  1. 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 Online Exercise &Nutrition Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
  2. 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.
  3. You will be able to access and modify your membership details from either the App or the Site.
  4. 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.
  5. Membership is non-transferable.
  6. 28 may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Settings’ page at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).
  7. If you signed up for the App with a Participating App Store/Third Party provider, you may terminate your membership via the third party app store that supplied you the App at least 24 hours before the date when your next payment is due. Unless and until you do so, membership fees will continue to be charged, as per clauses 14 to 24 below (written notice via email is not sufficient).
  8. 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.
  9. 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.

PAYMENT TERMS

Billing Cycle

  1. Membership is purchased on a reoccurring monthly basis of $58.99 per month, excepting Legacy Members. Membership may also be purchased on a reocurring quarterly basis ($146.99 per quarter). On occasion, Membership may also be purchased on a reocurring annual basis ($467.99 per annum) (a special offer during defined periods).
  2. You authorise 28 to collect/deduct payment immediately upon signup and thereafter on an automatic monthly , quarterly or, where relevant, annual basis.
  3. The Program begins on the first Monday of every week.
  4. Users will get immediate access and go into pre-season until the next program starts on a Monday, unless they sign up on a Monday, in which case they will go straight into Day 1 of the Program.
  5. Where a member cancels their membership, they will continue to have access to the program until the end of their current billing cycle. If a member has purchased a monthly subscription and cancels within the first month of subscription, where the Program start date (i.e. the Monday) is later than the Subscription Date, the member may not get to complete a full 28 day program.
  6. 28 does not provide refunds for partial memberships or where a member does not get to complete a full 28 day program due to cancellation of their membership during a 28 day program that extends beyond their current billing cycle.
  7. If payment fails on the monthly, quarterly or annual billing date, payment will be put through on the evening following the monthly billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the monthly billing date, and if payment fails on the third attempt, subscription will be cancelled (but all outstanding fees will continue to be owed).
  8. For Legacy Members, payments will be automatically debited every 28 days from the Program start date and is a recurring 28 day membership payment.
  9. The recurring payment is not a contract. Members can cancel the recurring payment by cancelling before the date when their next payment is due.
  10. Unless you cancel your membership at least 24 hours before your monthly, quarterly or annual billing date, you authorise 28 to charge your next month’s, quarter’s or annual membership fee to your chosen payment method.

PRIVACY

  1. 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

  1. 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.
  2. 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.
  3. 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

  1. 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)

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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)

  1. 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.
  2. 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.
  3. 28 Cannot guarantee device compatibility with the App, or smooth running of the App on the member’s wireless carrier.

THIRD PARTY MATERIAL

  1. Certain Information may include material from third parties.
  2. 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.
  3. 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)

  1. © Sam Wood Pty Ltd 2016. All rights reserved.
  2. 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.
  3. 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.
  4. 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

  1. 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@28bysamwood.com.au

SPAM

  1. The publication of 28’s email addresses on this Site is to facilitate communications relating to the 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

  1. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the 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.
  2. 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.
  3. 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.

BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE & NUTRITION PROGRAM

  1. From time to time, 28 will offer Online Exercise & Nutrition Program for sale.
  2. These Site Terms apply exclusively to every Contract.
  3. Any quotation, displayed price, order list or order confirmation provided by 28 to you for the proposed supply of Online Exercise &Nutrition Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with 28 on these Site Terms.
  4. A Contract is formed when 28 confirms acceptance of your order and receipt of your payment.
  5. You must not purchase the Online Exercise & Nutrition Program for the purpose of re-supply.
  6. 28 in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE EXERCISE & NUTRITION PROGRAM

  1. You agree to pay for Online Exercise & Nutrition Program in the manner specified in these Terms and on the Site.
  2. Prices displayed for the supply of Online Exercise & Nutrition Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise & Nutrition Program.
  3. Subject to clause 65, payment for the Online Exercise & Nutrition Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise &Nutrition Program until payment is received.
  4. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise & Nutrition Program.

DELIVERY OF ONLINE EXERCISE & NUTRITION PROGRAM

  1. 28 will make the Online Exercise & Nutrition Program available for access from the Site.
  2. Any period or date for the access of the Online Exercise & Nutrition Program stated by 28 is an estimate only and not a contractual commitment.
  3. 28 will use its reasonable endeavours to meet any estimated dates for access to the 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.
  4. You must advise 28 in writing within 72 hours after been advised that the Online Exercise & Nutrition Program is available for access from the Site:
    • 63.1 of the inability of the Online Exercise & Nutrition Program to be accessed;
    • 63.2 if there is damage to the Online Exercise & Nutrition Program; or
    • 63.3 that the wrong Online Exercise & Nutrition Program has been received.

CANCELLATIONS AND REFUNDS

  1. If 28 is unable to deliver or provide the Online Exercise & Nutrition Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, 28 will refund to you the purchase price.
  2. No purported cancellation or suspension of an order or any part of it by you is binding on 28 once the order has been accepted and payment confirmed.
  3. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
  4. 28 will not otherwise provide any refunds so choose carefully.

TERMINATION OF ACCESS

  1. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 32 through 36 inclusive will nevertheless survive any such termination.

USE OF ONLINE EXERCISE & NUTRITION PROGRAM

  1. You acknowledge and agree that all 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.
  2. Other than as required to use the 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 Online Exercise & Nutrition Program;
    • (b) modify or make any alterations, additions or amendments to any part of the Online Exercise & Nutrition Program;
    • (c) create derivative works from, any content, information, software, Online Exercise & Nutrition Program;
    • (d) convert the 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 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.
  3. Regardless of whether the Online Exercise & Nutrition Program includes security technology that limits your use of the Online Exercise & Nutrition Program, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF THE ONLINE EXERCISE & NUTRITION PROGRAM)

Personal Injury Disclaimer

  1. 28 does not warrant or represent that the Online Exercise & Nutrition Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
  2. Online Exercise & Nutrition Program may include material from third party authors or suppliers.
  3. 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.
  4. 28, its authors or its suppliers may make changes to Online Exercise & Nutrition Program at any time in their sole discretion without notice or liability.
  5. 28 reserves the right to suspend, remove, or disable access to Online Exercise & Nutrition Program at any time without notice or liability.

LIABILITY (ONLINE EXERCISE & NUTRITION PROGRAM AND SERVICE)

  1. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the 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 Online Exercise &Nutrition Program or the Services or any contractual remedy for their failure.
  2. 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.
  3. 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.
  4. 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 Online Exercise &Nutrition Program or the Services or their use or application.

MISCELLANEOUS

  1. 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.
  2. 28’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of 28’s rights.
  3. 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.
  4. 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

  1. These 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

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

SPRING TRANSFORMATION COMPETITION TERMS AND CONDITIONS

The Spring Transformation Competition (“the Competition”) run by 28 by Sam Wood Pty Ltd (“28”) is subject to the following terms and conditions:
  1. The Competition will operate between Monday 8 October 2018 and Sunday 2 December 2018 (“Transformation Period”)
  2. Individuals wishing to participate in the Competition (“Competitors”) must be financial members of the Online Exercise & Nutrition Program (“the Program”) provided by 28 throughout the entire duration of the Transformation Period, signing up no later than midnight on the 8th of October.
  3. Competitors must comply with the Program policies and criteria as well as the following criteria to be eligible to win the Competition prize:
    • a. Pre-Transformation Photo: Competitors must upload a photo of themselves, in their Competition application, prior to the commencement of the Transformation Period. This photo must accurately represent the physical representation of the Competitor on the date the photo is uploaded.
    • b. Post-Transformation Photo: Competitors must upload a second photograph to their Competition profile at 28bysamwood.com between Sunday 2 December 2018 and 9 December 2018. This photo must accurately represent the physical representation of the Competitor on the date the photograph is uploaded.
    • c. 25-Word Sentence: The Competitor must also submit a 25-word sentence at the end of the Transformation Period with their Post-Transformation Photo about their transformation journey.
  1. Competition judging: After the close of the Transformation Period, Sam Wood and his representatives will judge the Competitors’ Pre-Transformation and Post-Transformation Photos and sentences to determine which Competitor has made the best transformation to award the Competition Prize. The winner of the Competition will be announced on the 28 by Sam Wood Facebook page on December 14th.
  1. Competition Prize: The Competition Prize consists of an all-expenses paid holiday to Bali for four (4) up to the value of $10,000 AUD. The Competition Prize must be redeemed before 1 September 2019.
  1. Terms of Use: 28’s general Terms of Use, which govern 28’s website and mobile device application, apply and are to be read in conjunction with these Terms and Conditions.
  1. Grant: The Competitor grants 28 a non-exclusive license to use, in perpetuity, the Competitor’s photographs and Competition materials for the purposes of 28’s social media and marketing, during and after the Competition.

September 2018