Say Oui! Get health, happiness & the body you want.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Oui fitness’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “The Company”, “Oui Fitness”, “Us”, “Our” and “We” refers to Oui Fitness Pty Ltd and “You” and “Your” refers to you, the client, website user or person using our website.

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and The Company’s rights and obligations to each other.



LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that the Company is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.



COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), the Company’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.



LINKS TO OTHER WEBSITES

The Company may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between the Company and the owners of those websites. The Company takes no responsibility for any of the content found on the linked websites.

Oui Fitness’s website may contain information provided by third parties for which the Company accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.



DISCLAIMER

To the fullest extent permitted by law, the Company absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Company gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

The information contained in this website is for general information purposes only and is provided by the Company. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

It is your sole responsibility and not the responsibility of the Company to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.

Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.



YOUR PRIVACY

At Oui Fitness, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. The Company respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. You may also update some of your personal information via My Account page from the Oui Fitness website. All information we receive from our customers, is protected by our secure servers. Furthermore, all of the customer data the Company collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.



THIRD PARTIES

The Company does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.


DISCLOSE YOUR INFORMATION

The Company may be required, in certain circumstances, to disclose information in good faith and where the Company is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of the Company, its customers or third parties.


EXCLUSION OF COMPETITORS

If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Oui Fitness. The Company expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then the Company will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. The Company reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.


COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, graphics, information, software, photographs, video, text, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles and audio. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.

The Company expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.



WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and the Company concerning your use and access to Oui Fitness’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.


Registered User

You do not require to become a registered user to use this website. However, you do require to be a registered member to use certain products, offering, features or resources of this website. If you elected to become a registered user of this website: You must provide true, accurate and complete information about yourself; You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer; You agree to accept responsibility for all activities that occur under your account or password; You must be over 18 years of age to use this website and to purchase any goods or services. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


Date and Time

All date and time references on the Oui website including but not limited to Fitness Program, Sales and Payment are based on Australian Eastern Standard Time. You knowledge and and agreed all your associated transactions will therefore apply to this time zone.


Orders

You may purchase Products or services by selecting and submitting your order through this website. By placing an order for a product or service you agreed to these terms and conditions. The Company reserve the right to accept or reject an order for any reason including without limitation, unavailability of product; suitability of service; an error in the price or the product/service description posted on this website; or an error in your order; Other criteria we established such as demographic, geographic or health.


Product availability

We will use our best endeavors to ensure products ordered are available for delivery or for subscription. You acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery or we disallow you from subscribing. In such cases, we will refund in full all amounts you have in respect of such unavailable product.


Price

Prices of products and services are displayed in Australian Dollar (AUD) and are inclusive of GST. Prices on this website are current at the time of issue, but may change at any time and are subject to availability. Price may not include delivery and handling charges.


Payment

You must pay for your products purchased on this website at the time of placing an order using a valid credit card. You will be transferred to an external site to process your payment operated by Paypal Australia Pty Ltd for Paypal payment method, and Australia and New Zealand Banking Group Limited ("ANZ") for Credit Card payment method. You agree that ANZ and Paypal are responsible for processing and the security of your payment and are subjected to any terms and conditions of these providers, and you hereby release the Company from any liability in relation to such payment.


Delivery

A standard flat rate fee per delivery apply which is non-refundable. We will be using Australia Post for all of our shipping needs and will only deliver to addresses within Australia. Any estimates made in relation to any delivery date of Products are estimates only, and we provide no warranty or representation that such an estimate will be correct. By ordering, you a product, you agree that Oui the Company will not be liable for any delay or inability to deliver your order within the estimated timeframes.

Delivery Policy

There will be a standard flat rate fee of AUD$10.00(incl.GST) per delivery. Australia Post will deliver to your nominated address between 9am and 5pm Monday to Friday excluding public holidays. All order will be dispatched from Melbourne in Victoria and the shipping expected times are:
- Australian capital cities: 3-7 Business Days
- Australian country and rural areas: 3-10 Business Days



Refund policy

The Company will accept the returns and provide you with refund where:
- The product is faulty or is not of acceptable quality; or
- The product is not fit for its intended purpose; or
- The product does not match the sample or our description; and

Your item must be in its original unused condition to be returned, unless there is a manufacturer defect. You must return the item within 14 days of your purchase.

Merchandise that has been worn, used, or altered will not be accepted for return.

The Company will not accept refunds under any circumstances for fitness package subscription.

The Company reserves the right to assess the condition and age of returned goods prior to providing a refund. This may result in refund being refused.

To return an item for refund, email enquiry@ouifitness.com.au to request a refund and we will assign you a tracking number. Then mail your returned item to the below address and include in your package a signed letter stating the reason for your return and a copy of your receipt.

Oui Fitness Pty Ltd
Returns Tracking #
GPO Box 4189
Melbourne VIC 3001
Tel: +61 3 9939 5468

If you have any questions about our refund policy, please contact us at enquiry@ouifitness.com.au


Fitness and exercise

Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge the Company, all its directors, employees, subcontractors, commentators and any associated with Oui Fitness from any and all claims or causes of action, known or unknown.

The Company and its contents are made available without warranties or guarantees of any kind and Oui Fitness, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website are in no way intended as a substitute for medical, nutritional or psychological counseling.

All information contained on Oui Fitness website, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietitian or another certified professional.



Dietary or Sports Supplements

All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional dietary advice or treatment. In addition, the products themselves including any food supplements are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.

It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither the Company or its employees may be held responsible for any claim made against them.

You should also consult a physician or medical practitioner before taking any dietary supplement, especially if you are pregnant or nursing.



Education or Lifecoaching

By using our services, you agree that the Company is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold the Company liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Oui Fitness.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and the Company takes no responsibility for your actions, choices or decisions.



Free Gift Offer

'Get the Body You Want' book free gift offer is valid with purchase of any 2 weeks, 6 weeks, 12 weeks or 16 weeks online fitness program between 6th October 2014 and 21st December 2014 at ouifitness.com.au. This offer is not valid in conjunction with any other offer, promotion or discount.


Fitness Package

Fitness Package is also referred to as Secret Package and are used interchangeably on the Oui Fitness website.

By subscribing to a Fitness Package, you agreed:

  • To nominate a start date for the service. You may change the start date of the service if you have not yet commence your fitness program. You must commence your fitness program within 14 day from subscription date.
  • The exercises, meals and recipes available to you are determined by your assessment questionnaires and preference responses. Certain exercises, meals and recipes may not be available to you based on your assessment questionnaires and preference responses.
  • The Fitness program including workout and meals plan are assigned to you based on your assessment questionnaires and preference responses. Your Fitness Program may be altered should you Update or change your assessment questionnaires and preference responses.
  • All pictures are for illustration purposes only and are not an exact representation of the actual exercise, meal and recipe listed.
  • Your Fitness program will no longer be accessible 3 days post your fitness package expiry / end date.

JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and the Company that results in litigation then you must submit to the jurisdiction of the courts of Victoria.