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TERMS + CONDITIONS

AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THIS WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.”

1. About the Website

1.1. Welcome to thephoenixmovement.net (the ‘Website’). The Website Fitness

Programs (the ‘Services’).

1.2. The Website is operated by The Phoenix Movement. Access to and use of the Website, or any of its associated Products or Services, is provided by The Phoenix Movement. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. The Phoenix Movement reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Phoenix Movement updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Phoenix Movement in the user interface.

3. Registration to use the Services

3.1. In order to access the Services, you must first register for an account through the Website (the ‘Account’).

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address

(b) preferred username

(c) a telephone number

(d) a password

3.3. You warrant that any information you give to The Phoenix Movement in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with The Phoenix Movement; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Phoenix Movement of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Phoenix Movement providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Phoenix Movement;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Phoenix Movement for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5 HEALTH DISCLAIMERS

This website is an educational service that provides general health information. The materials in thttps://www.thephoenixmovement.net are provided “as is” and without warranties of any kind either express or implied.

5.1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. We are not medical professionals and anything in this website should be cleared with your physician prior to use.

5.2. There may be risks associated with participating in activities mentioned on thephoenixmovement.net for people with both known and unknown conditions, or in poor health. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.

5.3. Facts and information are believed to be accurate at the time they were placed in https://www.thephoenixmovement.net. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

5.4. You agree to hold https://www.thephoenixmovement.net, its owners, agents, and employees at no fault from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the fitness plans, exercises and workouts discussed on this website.

5.5. Testimonials, case studies, and examples found at thephoenixmovement.net are unverified results that have been forwarded to us by users of https://www.thephoenixmovement.net, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.

6. Payment

6.1. All sales are final and no refunds can be issued, if you are unable to access the website and/or app you will need to forward your payment receipt to info@thephoenixmovement.net to verify payment. We can not be held responsible and/or provide a refund for any missed membership period if you fail to notify us of issues accessing your account.

6.2. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:

(a) Credit Card Payment (‘Credit Card’)

(b) PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’)

6.3. All payments made in the course of your use of the Services are made using Stripe (‘Stripe’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

6.4. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

6.5. You agree and acknowledge that The Phoenix Movement can vary the Services Fee at any time.

6.6. All content is delivered directly in the website only.

6.7. With the exception of “LIFETIME” membership, all other memberships are charged on a subscription basis where you will be charged per month or per year for access to the restricted content area. You are free to cancel your subscription at anytime https://www.thephoenixmovement.net

6.8 Lifetime subscription is a one off payment for the life of the existence of the website.

6.9 Please note that you must cancel no later than 48 hours before your next payment is due or you will be charged for the following month.

6.10 We do not use or sell your data or private information for any purpose other than to monitor for bug/crash reports of the app.

6.11 Support can be reached via info@thephoenixmovement.net we aim to respond within 24 hours via email to any request.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of The Phoenix Movement are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Phoenix Movement or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Phoenix Movement, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

The Phoenix Movement does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Phoenix Movement.

7.3. The Phoenix Movement retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

7.4. You may not, without the prior written permission of The Phoenix Movement and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8. Privacy

8.1. The Phoenix Movement takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to The Phoenix Movement‘s Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) The Phoenix Movement will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Phoenix Movement make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Phoenix Movement) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of The Phoenix Movement; and

(d) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

10.1. The Phoenix Movement‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that The Phoenix Movement, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by The Phoenix Movement as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing The Phoenix Movement with 0 days’ notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where The Phoenix Movement has made this option available to you.

11.3. The Phoenix Movement may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) The Phoenix Movement is required to do so by law;

(c) the provision of the Services to you by The Phoenix Movement is, in the opinion of The Phoenix Movement, no longer commercially viable.

11.4. Subject to local applicable laws, The Phoenix Movement reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Phoenix Movement‘s name or reputation or violates the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify The Phoenix Movement, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

13. TECHNICAL.

13.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

14. General Information.

This Agreement constitutes the entire agreement and understanding between you and The Phoenix Movement and governs your use of the Sites and the Services, superseding any prior agreements between you and The Phoenix Movement. This Agreement and the relationship between you and The Phoenix Movement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to its conflict of law provisions. You and The Phoenix Movement irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Queensland, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of The Phoenix Movement to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by The Phoenix Movement of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Copyright © 2018 The Phoenix Movement

The material on this web site is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment. Use of this site is subject to our terms of service.