Terms of Service
INTOPIA PTY. LTD. (“Intopia”) owns this learning product and operates it on the Thinkific web platform. This document governs your relationship with Intopia’s products (“Intopia Learn”).
Access to Intopia Learn is permitted on a temporary basis, and we reserve the right to withdraw or amend Intopia Learn without notice. We will not be liable if for any reason Intopia Learn is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of Intopia Learn.
You must not misuse Intopia Learn.
You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service;
- corrupt data;
- cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”;
- or attempt to affect the performance or functionality of any computer facilities of or accessed through Intopia Learn or the host website.
Breaching this provision would constitute a criminal offense and Intopia will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through Intopia Learn remains the property of Intopia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Intopia and its licensors.
You are not permitted to download, publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Intopia Learn nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from delays or force majeure for which we will not be responsible.
In order to contract with Intopia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Intopia retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Intopia or may in some cases be a third party. Where a contract is made with a third party Intopia is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on Intopia Learn are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Intopia offers a 14-day money-back guarantee for Intopia Learn. Refund requests must be submitted to [email protected] and must be received within 14 days of the original purchase date of the product. Course must be less than 50% complete to qualify for a refund. Intopia does not offer refunds for any reason after 14 days of the original purchase date.
Intopia does not offer transfers for Intopia Learn. No exceptions.
We reserve the right to cancel Intopia Learn at our sole discretion.
Disclaimer of Liability
The material displayed on Intopia Learn is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Intopia and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Intopia’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Intopia and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Intopia.
You agree to indemnify, defend and hold harmless Intopia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Intopia shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the product and/or any page of Intopia Learn.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
WAIVER AND RELEASE
I hereby enter into the following agreement with Intopia (principal place of business in Victoria, Australia), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Intopia”), as a condition of receiving and using Intopia’s online fitness and performance programming services.
I acknowledge and fully understand that Intopia will endeavor to provide the most effective principles to help achieve my learning goals, but that Intopia cannot guarantee that any services, products, programs, methods, or recommendations will be safe, effective or suitable for everyone. All such services, products, programs, methods, or recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied.
Further, I hereby waive, release, and discharge Intopia and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, or recommendations including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Intopia, no matter where those injuries occur.
If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in Victoria, Australia, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by Victorian law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by Victorian law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in Victoria.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Intopia. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Intopia.