PRIVACY POLICY and TERMS & CONDITIONES

1.                     Welcome to Fusion Wellness

Fusion Wellness Pty Ltd ACN 642 328 416 (we, us, our) owns and operates fusionwellness.com.au and all of its subdomains (our Site),  the “Fusion Wellness” iOS and Android mobile applications (the App),  various third party social media and messaging sites, channels, pages, groups and forums, as well as our physical wellness studio where we offer Membership’s for fitness and wellness classes and sell physical products which, collectively with our Site, and App, we will refer to as our Services).

2.                     Acceptance and Variation of Terms

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms) and must be read in conjunction with the membership terms (Membership Terms) which apply to your purchase of any Fusion Wellness products or Memberships and any use of our Services, including your booking and attendance at any Fusion Wellness class.  You must read all Terms carefully.

By clicking an ‘accept’ button, purchasing a product, Membership or Service from us (whether through our Site, or otherwise), creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, our Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3.                     Acceptable Use

You agree that you are only authorised to use our Services for your own personal (and not commercial) use and for the following activities:

(a)                     accessing and using our Services; and

(b)                    any other purpose which we make known to you.

You must not use our Services for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.

You agree not to use our Services to do any of the following:

(a)                     distribute malware or viruses;

(b)                    send unsolicited communications, promotions or advertisements (commonly referred to as spam);

(c)                     send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;

(d)                    send anything that is fraudulent, misleading, or infringes a third party’s rights;

(e)                     impersonate or misrepresent your affiliation with any person or entity; or

(f)                      breach any law, violate the privacy of a third party, or defame a third party.

4.                     No Minors

Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.

5.                     Accounts

5.1                   Account Creation

Some of our Services may require you to:

(a)                     create an account with us; and

(b)                    provide us with a valid email address.

You may be required to provide additional information to carry out certain activities, such as purchasing a product from us, as set out in our Privacy Policy.

5.2                   Acknowledgements

When creating an account, you acknowledge and agree that:

(a)                     you will not provide any false personal information and will keep your personal information accurate and up-to-date;

(b)                    you will only create one account;

(c)                     you will not allow anyone else to access your account;

(d)                    you will not create a new account if your account is disabled;

(e)                     if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;

(f)                      we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and

(g)                    we have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.

5.3                   Account Deletion and/or Termination

You may delete your account at any time either by using the in-built deletion facility on our Services (if any), or by contacting us by email at hello@fusionwellness.com.au.

We reserve the right to delete your account/s or terminate your Membership for our Services at any time and for any reason, including but not limited to:

(a)                     if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or

(b)                    if you fail to make any payment or any payments of Membership Fees are paid after the due date;

(c)                     if fail to follow any Membership policies or studio rules;

(d)                    if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.

6.                     Your Obligations

By participating in Fusion Wellness Services and using our facilities, you acknowledge and agree to the following:

(a)                     you warrant that you are in good physical condition and are not aware of any medical or other reasons that would prevent you from safely engaging in active or passive exercise;

(b)                    You use Fusion Wellness Services, equipment and facilities at your own risk;

(c)                     You are responsible for the payment of all Membership Fees, and where applicable, you agree that:

(i)                       Your account can accept direct debits;

(ii)                     Sufficient funds will be available in your account on the payment date;

(iii)                   You will notify Fusion Wellness and your financial institution of any changes to your payment details at least 72 hours before the next direct debit is due; and

(iv)                  You will inform your financial institution upon termination of this agreement.

(d)                    You are responsible for using Fusion Wellness Services, facilities and equipment correctly and will seek assistance if required.

(e)                     You are responsible for any damage caused due to wilful misconduct or negligence.

(f)                      Fusion Wellness is not liable for any death, personal injury, loss, or damage (including consequential loss) to your belongings.

(g)                    You agree not to hold Fusion Wellness liable for any death, personal injury, loss, or damage (including consequential loss) to you or your belongings.

(h)                    You agree to read and follow all safety instructions displayed or communicated to you by Fusion Wellness.

7.                     Membership Terms and Membership Fees

7.1                   Membership Application

Your Membership with Fusion Wellness is governed by these Membership Terms. By becoming a member, you confirm that you accept the Membership Terms and agree to comply with them.

7.2                   Direct Debit Memberships

By signing up for a direct debit membership, you agree to weekly payments for the duration of your selected contract (3, 6, or 12 months). Your Membership will automatically renew unless you provide written notice of cancellation at least two (2) weeks before the renewal date. A 48-hour cooling-off period applies from the time of sign-up.

7.3                   Studio Use & Member Responsibilities

(a)                    Induction

Before using the studio facilities, you must complete an initial introduction session. You must also disclose any health or physical conditions that may affect your ability to safely use the studio.

(b)                    Conditions of Entry

Fusion Wellness reserves the right to refuse entry or request a member to leave the studio if they:

(i)                       Fail to adhere to the studio’s dress code.

(ii)                     Engage in abusive, threatening, dangerous, or inappropriate behaviour.

(iii)                   Appear to be under the influence of drugs or alcohol.

(c)                     Use of Equipment

You agree to use the studio equipment safely and as instructed by Fusion Wellness personnel. After use, you must return all equipment to its designated area and wipe it down. For hygiene purposes, you must bring and use your own yoga/Pilates mat for all yoga room classes and wear socks for all reformer Pilates classes.

(d)                    Waitlist Policy

We operate a waitlist for classes. If the class you have booked is full, you may reserve a position on the waitlist. You will be notified by text and/or email if you are added to the class. If you are signed up for a class and are not in attendance 5 minutes prior to the start of the class, your spot may be released to a waitlisted client, and you will be marked as a “no-show.”

7.4                   Studio Rules and Regulations

To ensure a safe and respectful environment for all members, the following rules apply:

(i)                       First-time clients must arrive 15 minutes before the start of their class for an induction;

(ii)                     If you are recovering from an injury or illness, you must notify the instructor prior to the class start time;

(iii)                   Pregnant clients must provide written clearance from their doctor before attending classes;

(iv)                  Grip socks are mandatory for all reformer Pilates classes. Sweat towels and water bottles are also required. If you do not have these items, they are available for purchase at reception;

(v)                    Please wipe down all equipment and accessories after use; and

(vi)                  Fusion Wellness reserves the right to refuse entry if you are not properly attired or fail to comply with these rules.

7.5                   Membership Cancellation & Hold Policies

(a)                    Cooling-Off Period Cancellation

You may cancel your Membership within the 48-hour cooling-off period by providing written notice to Fusion Wellness.

(b)                    Direct Debit Membership Cancellations

If you wish to cancel your Membership after the contracted period, you must provide two (2) weeks’ written notice and pay a $250 cancellation fee.

If you cancel your Membership within the contracted period, you must provide written notice and pay a $250 early termination fee.

Cancellation requests must be submitted in writing via email to hello@fusionwellness.com.au.

If your Membership is not cancelled as per this agreement, payments will continue via direct debit until formal cancellation is received and processed.

(c)                     Pre-Paid Memberships

No refunds will be provided for any unused portion of pre-paid memberships, pre-paid classes, or other pre-paid fees.

Our pre paid Class Pass memberships expiry timeframes are as follows:

5 class pass: expires in 3 weeks after first use;

10 class pass: expires in 5 weeks after first use;

20 class pass: expires in 10 weeks after first use;

(d)                    Contract Length Memberships

Your Membership is a legally binding agreement, and together with these Terms, you are financially responsible for all fees.

If you fail to make a payment, the full outstanding balance becomes immediately due.

If you wish to cancel within your contracted term, you must pay the difference between your chosen membership rate and the No Contract membership rate for the period you were a member.

(e)                     Membership Holds

Memberships can be placed on hold as follows:

•         12-month memberships: Up to 6 weeks per year (minimum 2 weeks per hold request).
•         6-month memberships: Up to 4 weeks.
•         3-month memberships: Up to 2 weeks.

A minimum of two (2) weeks’ written notice is required for hold requests via email to hello@fusionwellness.com.au.

Hold periods do not count towards your contracted membership term.

Holds cannot be backdated.

A $10 Per week hold fee will apply.

(f)                      Class Cancellations & No-Show Policy

Members must cancel bookings at least 12 hours before the scheduled class to avoid penalties.

Late cancellations (within 12 hours of the class) or no-shows will result in a $15 fee.

If you are on a class pass, a late cancellation or no-show will result in the deduction of a class from your pass.

In the case of an emergency, you may email hello@fusionwellness.com.au or text 0413 393 573 within three (3) hours before or after your class to request a fee waiver.

Once processed, all fees are final subject to law.

(g)                    No Assignment

Your Membership is personal to you and cannot be transferred or assigned to another person.

(h)                    Termination For Cause By Fusion Wellness.

Fusion Wellness may terminate my Membership if:

(i)                       you fail to make any payments or any payments or fees are paid after the due date and you do not remedy this within 5 days of receiving notice from us;

(ii)                     any electronic funds payment of my Membership Fees are interrupted or discontinued for any reason and you do not arrange an appropriate alternative;

(iii)                   you breach any of these terms and conditions, fail to follow any Membership policies or studio rules;

(iv)                  you have five or more no shows within any 28 day period.

(v)                    your conduct is improper and harmful to the best interests of the studio or its members; or

(vi)                  You fail to provide doctor’s approval for exercising, if requested.

Termination is effective on the date Fusion Wellness gives written notice to your last known address which may be via email or text. You are liable for all financial obligations until such date.

(i)                       Liability Waiver

By signing your Membership agreement and/or attending classes, events, or activities at Fusion Wellness, you acknowledge and agree:

(i)                       That there are inherent risks associated with physical exercise, including but not limited to abnormal blood pressure, fainting, heart attack, or death.

(ii)                     That you voluntarily assume all risks associated with your participation in classes and use of facilities.

(iii)                   To release and hold harmless Fusion Wellness, its instructors, employees, and agents from any liability for injury, loss, or damage arising from your participation in classes or use of facilities, except as required by law.

8.                     Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to events beyond its reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, industrial disputes, or governmental actions. In the event of a force majeure occurrence, the affected party shall promptly notify the other party in writing and use all reasonable endeavours to mitigate the effects of the event.

9.                     Marketing

You agree to allow Fusion Wellness to take and use photographs or videos of you to use for marketing material & promotional purposes from time to time.

10.               DDR Service Agreement

(a)                     By agreeing to the DDR Service Agreement, you authorise Ezidebit to make periodic debits on behalf of Fusion Wellness Pty Ltd (the Business) as set out in your Direct Debit Request.

(b)                    You acknowledge that Ezidebit acts solely as a Direct Debit Agent for the Business and does not provide any goods or services (other than direct debit collection services for the Business under this agreement). Ezidebit has no express or implied liability for the goods or services provided by the Business or for any terms and conditions of your agreement with the Business.

(c)                     You acknowledge that the agreed debit amount will be deducted from your nominated account in accordance with the terms of your agreement with the Business, the Direct Debit Request (including the Debit Arrangement and Fees/Charges), and this DDR Service Agreement. It is your responsibility to ensure there are sufficient cleared funds in your account by the due date to allow the direct debit to be processed. While direct debits typically occur overnight, transactions may take up to three (3) business days, depending on your financial institution. You agree to ensure that sufficient funds remain in your account until the debit has been successfully processed.

(d)                    Processing of a debit may be delayed if:

(i)                       there is a public or bank holiday on or after the scheduled debit date;

(ii)                     Ezidebit receives a payment request on a non-business day in Queensland; or

(iii)                   a payment request is received after Ezidebit’s cut-off time (4:00 pm Queensland time, Monday to Friday).

(e)                     If a payment falls due on any of the above days, it will be processed on the next business day.

(f)                      You authorise Ezidebit to adjust the payment amount as agreed between you and the Business. Ezidebit may vary the payment amount based on instructions received from the Business, and you acknowledge that you do not require separate notification from Ezidebit for these changes. However, Ezidebit will provide at least 14 days’ notice if it proposes to change the terms of the Direct Debit Request or this DDR Service Agreement, including any debit arrangements.

(g)                    If you dispute a debit payment, you should first contact Fusion Wellness and/or Ezidebit. If the issue is not resolved, you may contact your financial institution.

(h)                    If a debit is declined due to insufficient funds, a failed payment fee may be payable by you to Ezidebit. You will also be responsible for any fees and charges imposed by your financial institution for unsuccessful debit attempts, as well as any collection fees (including solicitor and debt collection agency fees) incurred by Ezidebit.

(i)                       Certain fees and charges (such as setup, variation, SMS, or processing fees) may apply to your Direct Debit Request. These fees are payable to Ezidebit, and you agree to pay them as required under your agreement with the Business.

11.               Permanent Sickness or Physical Incapacity.

You may terminate this agreement by written notice to Fusion Wellness where you have suffered a genuine sickness or physical incapacity. Fusion Wellness reserves the right to require a medical certificate stating that you are unable to use the service because of such sickness or incapacity.

12.               Disclaimer and Health Advisory

(a)                     You acknowledge and understand that our Services do not constitute medical service and does not provide medical or sports advice. It is your responsibility to consult with a health professional before using our Services.

(b)                    Use of our Services requires generally good health. Regardless of your medical history, it is strongly recommended to seek advice from a doctor before using our Services. This is especially important if you are pregnant, nursing, or have any of the following conditions: cardiovascular disease, respiratory issues, spinal or joint problems, neuromuscular disorders, or a history of surgery.

(c)                     If you experience any health concerns before or during use of our Services, such as shortness of breath, pain, nausea, or dizziness, you should immediately consult a doctor and stop using our Services.

(d)                    Our Services and information are not a substitute for medical consultations, treatments, or professional advice.

13.               Damaged, Lost or Stolen Property.

To the maximum extent permitted by law, you understand Fusion Wellness is not responsible for any of my personal property damaged, lost or stolen while in or around the studio.

14.               Retention of Title

Despite any other provision of these Terms, all right and title to all products you purchase from us will remain with us until such time as the full sale price, including all applicable postage and handling fees, are paid in full by you, and there has been no chargeback or transfer recall initiated by you for a period of at least thirty (30) days after the date of purchase.

15.               Limited One Year Warranty

If you are a resident of Australia: Our goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(a)                     All of our products come with a limited one (1) year warranty covering ‘structural defects’.

(b)                    Any ‘structural defects’ notified by you to us within one (1) year of the date of purchase will be repaired and/or replaced by us (at our discretion, subject to law), provided that you return the product to us (in Australia) and pay any applicable postage and handling fees.

(c)                     ‘Structural defects’ are defects resulting from poor or faulty manufacturing or workmanship only, and expressly do not include:

(i)                       normal wear and tear;

(ii)                     damage caused by incorrect assembly, improper use or storage, improper cleaning / maintenance, excessive exposure to sunlight or the elements, product tampering or wilful damage; and

(iii)                   rips, wearing, pilling, creasing, stains, or fading of upholstered products.

16.               Sales Taxes, Customs and Import Duties

Unless otherwise expressly stated, all prices and other amounts specified on our Services are exclusive of goods and services tax (GST), other applicable value added taxes (VAT), and all customs and other import duties and other government imposts payable in your country of residence. You acknowledge and agree that, before purchasing products from us, you have investigated and agree to be solely responsible for paying all such taxes, duties and imposts in addition to the amounts charged by us to you.

17.               Refunds and Chargebacks

(a)                     To the greatest extent permitted by law, subject to anything in these Terms to the contrary, all fees and other monies paid or payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.

(b)                    If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of AUD $25.00 on demand. You must also return any products which you have received, but for which you have not paid in full. A failure to return such product/s will entitle us to recover the full sale price from you as a liquidated debt. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

18.               Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us from time to time on our Services or by direct communication to you.

19.               Affiliate Program

We may offer an affiliate program, which is subject to the terms and conditions which we publish on our Website, or otherwise notify to you. You acknowledge and agree that we may vary the terms and conditions applying to any affiliate program at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.

20.               Security

You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent to the mobile number associated with your account, which we encourage you to use to secure your account.

You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.

21.               No Interference

You agree that you will not:

(a)                     use our Services in any way that could damage our reputation or goodwill;

(b)                    permit any person to access and use our Services other than in accordance with these Terms;

(c)                     disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;

(d)                    except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:

(i)                       reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or

(ii)                     decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;

(e)                     when accessing and using our Services:

(i)                       attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party’s computing systems and networks;

(ii)                     use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;

(iii)                   attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;

(iv)                  transmit, or input into our Services any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

(v)                    attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;

(vi)                  remove or modify any program markings or any notice of proprietary rights, including those of any third party;

(vii)                use any automated processes or means to access our Services;

(viii)              use any software or manual repetition that will or is likely to interfere with our Services; or

(ix)                  attempt to cause stress or detriment to the proper working of our Services, such as by:

(A)                  acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;

(B)                   reloading or refreshing transaction pages more than once every 5 seconds; or

(C)                   requesting any page or section of our Apps more than 1000 times in aggregate in any 24-hour period.

22.               Availability

We will use our best endeavours to ensure that our Website and App are accessible continuously, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services, including for maintenance, updates, or in cases of emergency to prevent loss or damage.

Classes are only available at the times advertised and are subject to change. While we will use all reasonable endeavours to ensure access to our Services, we are not liable for any loss or damage arising from any unavailability or inability to access our Services, including classes, website, or app.

23.               Copyright

Except as expressly stated by us, all text, images, audio recordings, video recordings, interfaces, guides, hints, tips, tutorials, and other information and content (Content) contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

24.               Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in and to all of our products and Services, and any Content hosted or made available on or through our Services, and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

25.               Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect, use and disclose personal information.

26.               Third Party Sites and Content

Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for Content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

27.               Continued Development

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our products and Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

28.               Off-Site Conduct

It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

Fusion Wellness may also refuse entry to any member if a member is deemed to act in an unreasonable manner. You are aware that Fusion Wellness uses CCTV.

29.               Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

(a)                     take any legal action we may have available against you;

(b)                    block your use of our Services;

(c)                     suspend, deactivate, or delete your account/s on our Services; and/or

(d)                    disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

30.               DISCLAIMER

TO THE GREATEST EXTENT PERMITTED BY LAW, OUR PRODUCTS ARE SOLD ON AN ‘AS IS’ BASIS. THEY ARE ONLY INTENDED TO BE USED FOR THE PURPOSES FOR WHICH ITEMS OF A SIMILAR NATURE, MATERIAL COMPOSITION, AND/OR QUALITY ARE ORDINARILY USED. ALL USE OF OUR PRODUCTS MUST BE STRICTLY IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS OR GUIDELINES. WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR PRODUCTS.

OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.

WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OR USING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.

31.               LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

(A)                  YOU PURCHASE AND USE OUR PRODUCTS OR SERVICES AT YOUR OWN RISK AND EXPENSE;

(B)                   YOU ACCESS AND USE OUR SERVICES AT YOUR OWN RISK AND EXPENSE; AND

(C)                   YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:

(A)                  ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

(B)                   THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;

(C)                   OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;

(D)                  ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

(E)                   ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IN CONNECTION WITH YOUR PURCHASE OF OUR PRODUCTS, OR YOUR ACCESS TO, OR USE OF, OUR SERVICES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN RELATION TO PRODUCTS SOLD BY US, OUR LIABILITY UNDER IS LIMITED TO, AT OUR DISCRETION:

(A)                  RE-SUPPLYING OR REPAIRING PRODUCTS; OR

(B)                   SUPPLYING EQUIVALENT PRODUCTS (SUCH AS OF A DIFFERENT COLOUR OR SUPERFICIAL APPEARANCE); OR

(C)                   REFUNDING THE RELEVANT AMOUNT/S PAID BY YOU TO US.

TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF OPPORTUNITY AND/OR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON, WHETHER DIRECTLY OR INDIRECTLY RELATED TO YOUR DEALINGS WITH US, OR OTHERWISE.

32.               INDEMNITY AND RELEASE

32.1              INDEMNITY

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

(A)                  ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;

(B)                   YOUR USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES;

(C)                   ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND

(D)                  ANY BREACH OF THESE TERMS BY YOU.

32.2              RELEASE

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) IN RELATION TO THE FOLLOWING MATTERS:

(A)                  ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

(B)                   THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;

(C)                   OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;

(D)                  ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

(E)                   ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

33.               Reporting

If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing hello@fusionwellness.com.au. So that we can efficiently deal with your report, please ensure that your report:

(a)                     states the reason for your concern/s; and

(b)                    clearly identifies the content by providing:

(i)                       a description of it; and

(ii)                     a link to the specific page, post or content (if applicable).

34.               Confidentiality

You agree to keep confidential all Content hosted or made available on or through our Services.

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at hello@fusionwellness.com.au.

35.               Notices and Notifications

We may send or issue notices to you from time to time:

(a)                     through the user interface on our Services; and/or

(b)                    by email.

You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

36.               General

36.1              Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

(a)                     notify us of the dispute by emailing us at hello@fusionwellness.com.au;

(b)                    provide us with full and complete details of the dispute;

(c)                     providing such supporting information or documents as we reasonably request; and

(d)                    act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

36.2              Entire Agreement

These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

36.3              Jurisdiction

This Agreement is governed by the laws of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

36.4              Severability

Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

36.5              Waiver

A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

37.               Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

(a)                     the singular includes the plural and vice versa;

(b)                    words of any gender include all genders;

(c)                     alternate grammatical forms of a defined term have a corresponding meaning;

(d)                    a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;

(e)                     a reference to a document includes the document as novated, varied, or substituted from time to time;

(f)                      a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;

(g)                    a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;

(h)                    a reference to two or more persons is to any of them together and each of them individually;

(i)                       a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;

(j)                       ‘including’ and similar expressions do not limit the generality of any provision of these Terms;

(k)                    a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and

(l)                       a reference to $, AUD$, dollar or $ is to Australian currency;

(m)                  headings and table of contents are for ease of reference only and do not affect interpretation.