Terms and Conditions

The purchase of all digital products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

All digital products, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.

All transactions for purchase of intangible products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as PayPal that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.

Privacy Policy

TransformationChallenge.com.au [TC] is owned by Fresh Fitness® [ACN: 110043831 Divine Providence Pty Ltd in Trust for The Love Prosperity Trust Trading as Fresh Fitness®]  is committed to protecting your privacy. Our goal is to provide our users and clients with the highest quality information and services that help them reach their goals for continuing professional development. Information that our users provide is maintained and accessible only by TC, unless specifically stated otherwise. We use data that our users and clients provide only to deliver program content, relevant information, products or services they express interest in, or specifically request. TC will never willfully disclose individually identifiable information about its users to any Third Party without first receiving your permission, and only then if the third party agrees to our terms (except to comply with applicable law or valid legal process). We offer our clients the ability to opt-out/de-list /delete any information they might give at this site. TC does not sell or rent user information to anyone.

Information We Collect

We use forms for customers to request information, products, and services. We collect identity information and, if you order a product, financial information. Information from the order forms is used to process and send orders. Credit card information is held in strictest security and is deleted after the transaction is completed. Non-Personal Information - As is typical with many other Internet sites, the Website automatically collects certain non-personal information regarding users, such as the date and time you access the Website, your IP address, the URL from which you linked to the Website, the operating system you are using, the Website pages read and images viewed, and any content you post to the Website. This non-personal information is used for Website and system administration purposes. Non-personal information may be disclosed to others and permanently archived for future use. Cookies – The Website uses cookies to retain user entered information while browsing within the site. Use of Your Personal Information – TC may use your personal information to contact and correspond with you, respond to your communications, provide services to you, facilitate and enhance your use of the Website, and as otherwise permitted by law. Additionally, TC may keep a record of all communications with you. E-mails from TC – If you register as a TC member, then TC may send to you, from time to time, e-mail or other communications containing information about its products and services that TC believes will interest you. At any time you may ask TC to stop sending you e-mail by sending your request by e-mail to team @ fresh fitness .com .au. Also, each e-mail will tell you how to unsubscribe further e-mail. Location of Information – TC will store and process your personal information in Queensland, Australia. Securing Your Information - To help protect the confidentiality of your personal information, TC employs reasonable security safeguards appropriate to the sensitivity of the information. Nevertheless, security risks cannot be eliminated and TC cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy. Policy Changes - To accommodate changes in the Website, changing technology, and legal developments, this Policy may be changed from time to time at TC's sole discretion and without any prior notice to you. New versions of this Privacy Policy will be posted here. TC's collection, use and disclosure of personal information will be governed by the version of this Privacy Policy in effect at that time.

Seek Advice From Medical Professional

As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

Fitness Level

You require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

Further, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities. Any nutrition guidelines are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.

Website Notice Regarding Medical Advice

This site does not provide medical advice. This Website is an educational service that provides general health information and is intended only to assist users in their diet and exercise plan. TC is not a medical organization and our staff will not give you medical advice or diagnosis. Nothing contained on this website should be construed as medical advice or diagnosis. The information and materials provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by those under the age of 18 (or the age of majority in the jurisdiction where you reside) pregnant women, or individuals with any type of health condition. Such individuals are strongly discouraged from using this website and are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or exercise regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or 000 or 911 in U.S.A immediately. TC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

Minors Policy

By placing an order, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions. We do not provide services or sell products to persons under the age of eighteen (18) without the express permission of and active involvement of a parent or legal guardian. We are committed to protecting the privacy of children.

Quality of Website

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Indemnity

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

Intellectual Property

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms; 1) sharing the content of this Website or your account with other persons; 2) publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites; 3) using the logo or trade marks of this Website, (or anything substantially identical or deceptively similar), TC  or Shea or Carlie Webb or his/her likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services); 4) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, TC, us or Shea or Carlie Webb; and 5) systematic downloading or “scraping” of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include: 1) the frequency and nature of any downloads; and 2) the time of access and IP addresses used to access the Website. We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

Ownership

All Website Materials, including any intellectual property rights in such Website Materials, are the property of TC, its affiliates, licensors, or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms.

Limited Right to Use Website

Subject to these Terms, you may view, copy, print, and download the Website Materials solely for personal and informational purposes without modification in any way. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page or work. The Website and the Website Materials, and all intellectual property rights therein, are the property of TC, and its licensors, and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must keep intact all copyright and proprietary notices. Further, nothing contained in the Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright or trademark of TC, or any third-party.

Third-Party Content Providers

With respect to any Content obtained from or belonging to TC, the following applies:

“This information is proprietary to TC, and is protected under Australian copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC or device used to access this information.”

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Payments and Refund Policy

All transfers conducted through TC are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway choosen for the transaction as they are responsible for the transactions made. We expect that we will use PayPal payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method.

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund or money back guarantee policy.

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.

Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PARTICIPANT acknowledges and agrees that no representation has been made by TC, Shea or Carlie Webb OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this PROGRAM.

Terms and Conditions and Privacy Policy

By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.