The following terms and conditions regulate the business relationship between You (You or Your) and Nude Nutrients Pty Ltd T/A Coach Welly (“Coach Welly“ “Nude Nutrients“ Us or We) for the purchase of goods and/or services from us. Coach Welly Terms and Conditions of Use and Privacy Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Coach Welly shall be regulated by the terms and conditions outlined in this agreement.
1. Definitions
In these terms and conditions: Agreement means these terms and conditions. Carrier means any person or business used by CoachWelly to deliver goods and/or services from Coach Welly to You, whether all or part of the distance of the delivery. Goods means any goods offered for sale by Coach Welly. Services means any services offeredfor sale by Coach Welly. Website means this website or any Coach Welly mobile applications, or any other website or app through which Coach Welly offers for sale the Goods and/or Services. Written Material means any informational material published by Coach Welly in any medium, including video, from time to time with a view to providing information to any customer or prospective customer of Coach Welly.
2. Our contract with You
2.1 Coach Welly shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.
2.2 Before an order is placed Coach Welly will display on the screen a quote confirming the details of Your order including the price of the Goods and/orServices.
2.3 Coach Welly will notify You by email or phone if any Good is unavailable and offer an alternative item or a full refund.
2.4 Subject to clause 2.5, receipt of full payment of Your order by Coach Welly is evidence of a binding and enforceable agreement between You and Coach Welly, and this Agreement can only be modified by written agreement between You and CoachWelly.
2.5 If applicable, any Goods ordered by You from Coach Welly are at Your own risk from the moment they are picked up by a Carrier to be delivered to You.For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Coach Welly will retain title of the Goods until it has received payment in full for theGoods.
2.6 All clerical errors are subject to correction and will not bind Coach Welly.
2.7 Upon registration as a member, or purchase through the Website, you will be provided with a password and account. You must not disclose this information to any third party or allow any third party to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to, or use of your account by means of the password associated with that account is deemed to be access or use by You. This includes any purchases made through your account.
3. Price and Payment
3.1 The price of any and all Goods and services contained in any WrittenMaterial of Coach Welly is subject to change from time to time at the sole discretion of Coach Welly. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).
3.2 Full payment of an order must be made and received by Coach Welly before the Goods will be provided and/or delivered to You.
3.3 Coach Welly agrees to pay banking charges by the receiving bank on payments to Coach Welly. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.
3.4 You shall pay all sums due to Coach Welly under this Agreement by the means specified without any set-off, deduction or counterclaim. 3.5 You represent and warrant that if You are purchasing something from CoachWelly that:(i) Any credit card information You supply is true, correct and complete, (ii) You have express authority from the card holder to use this credit card, (iii) Charges incurred by You will be honoured by Your credit card company, (iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes. 3.6 When purchasing from Coach Welly, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact Coach Welly using the contact page on our Website.
4. Subscriptions & payments
4.1 By completing your purchase of a subscription with Coach Welly you confirm that you have read and agree to be bound by the terms and conditions of your Coach Welly subscription. Coach Welly offer varying subscription types.The following conditions may apply to all Coach Welly subscription types.Please check your individual subscription terms during registration.
4.2 Upon registering for Coach Welly, You will be charged an initial fee which may vary, or may include a free trial period. The duration of this subscription is 4 week (minimum). This subscription will automatically continue unless cancelled by You.
4.3 You are responsible for processing cancellation of any active subscriptions or memberships through Your individual Coach Welly Account. Any requests sent to Coach Welly via email (or otherwise) to process cancellation on Your behalf may not be processed before the subscription renews (if applicable) and CoachWelly is not liable to refund any fees paid under these circumstances. After cancelling, you will continue to have access to Coach Welly until the end of your current subscription period. Once your current subscription period ends, no further payments will be taken, and your subscription account will become inactive. You may reactivate your subscription at any time by purchasing a new subscription.
5. Information You give Coach Welly
You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Coach Welly to enable Coach Welly to provide You with the Goods and/or Services ordered. 5.1 Coach Welly agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.
6. Information Coach Welly givesYou
All information provided by CoachWelly on the Website is provided in good faith. Coach Welly derive information from sources believed to be accurate and up to date as at the date of publication. Coach Welly may update any information at any time, but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, Coach Welly does not make any representations or warranties that any information provided is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website, or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on theWebsite.
7. Quality of the Website
7.1 We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and“as-available” basis. 7.2 We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. 7.3 Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. 7.4 The delivery of video messages is dependent upon third party providers and therefore outside of our control. 7.5 Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
8. Third Party Content
8.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions, or failure to act of any third parties referenced on the Website (including UserContent of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information. 8.2 Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at support @coachwelly.com.au. We may investigate the claim and take appropriate action, in our sole discretion.
9. Delivery
9.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order. 9.2 We will deliver to most addresses within Australia. We require a street address for delivery – unfortunately we cannot deliver to a P.O. Box.All deliveries are made 8:30am to 5.00pm Monday to Friday by a Coach Welly chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch: 2-5 working days for delivery to a capital city in any State; 5-10 working days for delivery to most large regional towns; and7-14 working days for delivery to other remote locations. Please note that these delivery times are estimates only, and actual delivery times may vary. 9.3 If Coach Welly is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Coach Welly shall notify You to arrange another date for delivery. 9.4 If the Goods ordered are not available to be delivered all at once, CoachWelly may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in instalments. 9.5 Deliveries do not require a signature on receipt. Where possibleDelivery should be to an address where someone is available to receive theGoods during business hours. In the event no one is available to receive delivery, the goods will be left on premises in the safest location available at the address you have stipulated on your order. Coach Welly shall assume no responsibility for any lost or missing deliveries in this situation.
10. Cancellation of order and Return of Goods and/or Services
10.1 Once Coach Welly has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, you have no right and are unable to cancel, refund and/or modify Your order. Coach Welly does not offer refunds simply in the event you change your mind or make a wrong decision.
10.2, Coach Welly agrees to replace any Goods purchased from Coach Welly that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Coach Welly promptly after becoming aware of this. Should this occur, Coach Welly may request proof of this alleged fault and/or defect as a condition of any refund.
10.3 Should You wish to make a claim relating to your product for goods damaged in transit, or incorrect goods received, this must be done within 24 hours of receiving your Goods by telephone, email or facsimile. After confirming claims when receiving the returned Goods at our warehouse, we shall then promptly (a)re-supply the item(s) or (b) credit or refund the relevant invoice appropriately. It is always your responsibility to review the Goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit if the Goods are unopened& in their original condition.
11. Your Physical condition
11.1 As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
11.2 No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
11.3 You must consult a qualified medical professional if you have any questions concerning your medical condition or injury, or if you answer “yes”to any of the following questions:
(1) Has your medical practitioner ever told you that you have a heart condition or have you ever suffered a stroke?
(2) Do you ever experience unexplained pains or discomfort in your chest at rest or during physical activity/exercise?
(3) Do you ever feel faint, dizzy or lose balance during physical activity/exercise?
(4) Have you had an asthma attack requiring immediate medical attention at anytime over the last 12 months?
(5) If you have diabetes (type 1 or 2) have you had trouble controlling your blood sugar (glucose) in the last 3 months?
(6) Do you have any other conditions that may require special consideration for you to exercise?
12. Disclaimers
12.1 Coach Welly may at any time and without any advance notice to youor any other person make improvements or changes to its Written Material or toany of the Goods.
12.2 You may have statutory rights under the Australian Consumer Law that do not permit Coach Welly to limit its liability to you in relation to any Goods it may supply to you. However, to the fullest extent permitted by law, in circumstances where Coach Welly is able to limit its liability, the maximum liability of Coach Welly for breach of those statutory rights is limited at CoachWelly’s option to: (i) Replacement of the Goods or the supply of equivalentGoods; (ii) The repair of the Goods; or (iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;
12.3 In all other circumstances, and to the fullest extent permitted by law, CoachWelly’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by you in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.
12.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will Coach Welly be liable to you for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which you suffer or incur as a result of, or in connection with, any conduct or omission by CoachWelly, or your use of the Website, the purchase of any Goods and their use.
13. Intellectual Property
13.1 All names, logos and trademarks used by Coach Welly on the Website are the property of Coach Welly’s and/or the trademarks’ respective owners.Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
13.2 To the extent permitted by law, no part of this Website may be reproduced, reused, adapted, published, retransmitted, broadcast or distributed without prior written permission from Coach Welly.
14. Indemnity
You indemnify and hold CoachWelly harmless in respect of any and all loss or damage suffered by Coach Welly, and any claims or demands that may arise against Coach Welly relating to or in connection with your wrongful or negligent use of any Goods purchased from CoachWelly using the Website.
15. Severability
If any provision of thisAgreement is found to be invalid or unenforceable, that provision shall been forced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.
16. No Waiver
The failure by Coach Welly to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Coach Welly in respect of any existing or subsequent breach of this Agreement.
17. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and Coach Welly, then you agree to attempt to settle the dispute by engaging in good faith with Coach Welly in a process of mediation before commencing any arbitration or litigation.
18. Force majeure
Coach Welly is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Coach Welly to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Coach Welly and no such failure shall entitle you to terminate thisAgreement.
19. Entire agreement
This Agreement constitutes the entire agreement between you and Coach Welly for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.
20. Variation
Any variation to this Agreement shall be effective only if accepted in writing by Coach Welly. 21.
21. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland. [OB1]Shall be described in the details of the specific subscription you are purchasing.
You are not permitted to:
Intellectual Property and Ownership
Coach Welly shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. TheSoftware (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Coach Welly. Coach Welly reserves the right to grant licences to use the Software to third parties.
Confidentiality
During the term of thisAgreement, each party may have access to certain confidential and proprietary information of the other party, (“Confidential Information”). a) ConfidentialInformation shall include, but is not limited to: (i) the Software, Documentation,Client Data; (ii) customer lists, prospect lists, existing agreements with vendors and business partners of either party, pricing proposals; (iii)marketing, sales, financial and other business information, data and plans;(iv) research and development information; (v) formulas, methods, know-how, processes, designs, new products, performance tests, proprietary computer software, bug fixes, reported problems with the Service; (vi) information concerning the service providers of either party; and (vii) any other information identified in writing as confidential or information that the receiving party knew or reasonably should have known was confidential. b)Confidential Information shall be used solely for each party’s performance under this Agreement and the exercise of its rights hereunder and shall not be disclosed to any third party. Coach Welly may, subject to the terms of thisAgreement, disclose Client’s Confidential Information to any entity controlling, controlled by or under common control with the provider or a third-party consultant or contractor assisting the provider with the Software or any of the provider’s other obligations under this Agreement. Each party shall take reasonable precautions, at least as great as the precautions it takes to protect its own confidential information, to maintain the ConfidentialInformation in strict confidence. c) Confidential Information shall not include any information that the receiving party can establish: (i) is or subsequently becomes publicly available through no act or omission of the receiving party;(ii) was in the receiving party’s lawful possession prior to disclosure of such information; (iii) is subsequently disclosed to receiving party by a third party who is not in breach of an obligation of confidentiality; or (iv) is independently developed by the receiving party without the use or benefit of the Confidential Information. The user agrees to indemnify and hold Coach Welly harmless against all claims, demands, suits, liabilities, losses, damages or injuries (collectively “Liabilities”) that arise out of the user’s use of the software, except to the extent such Liabilities result from the negligence or wrong doing of Coach Welly. The user agrees to indemnify and hold Client harmless against all claims, demands, suits, liabilities, losses, damages or injuries that arise out of Provider’s performance of this Agreement, except to the extent such Liabilities result from the negligence or wrong doing ofClient.
Termination
This agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Coach Welly. It will also terminate immediately if you fail to comply with any term of this agreement.Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this agreement.
Governing Law
This agreement and any dispute arising out of or in connection with this agreement, shall be governed by and construed in accordance with the laws ofQueensland, Australia.
Amendments to this Agreement
Coach Welly reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If are vision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined a tour sole discretion.
Contact Information
If you have any questions about this Agreement, please contact Coach Welly via email at support@coachwelly.comor contact us via the Contact Us page on our website.
Here at CoachWelly, our goal is to help you the business owner support, engage and reward your members, employees, or customer at scale. To do this we need the help of all our users when using the Coach Welly App to keep it running smoothly for the benefit of all. To do this we need you not to misuse or abuse any of our products or services. We have created this Acceptable Use Policy to help describe what we mean by “use”, or “misuse”and to help us to react accordingly. In accordance with this policy we reserve the right to take actions, including but not limited to removal of content and termination of accounts that are inconsistent with the spirit of this policy even if it violates the exact wording of this policy. This policy relates to all Coach
Welly’s products and services and all users.
Misuse and Prohibited Activities:
Intellectual Property Rights
Ownership: Coach Welly and all related trademarks, logos, and intellectual property rights are the sole property of Coach Welly or its licensors. You acknowledge and agree that all rights, titles, and interests in the app belong to Coach Welly.
Restrictions: You are strictly prohibited from reproducing, modifying, distributing, or otherwise using any of the app's intellectual property without prior written consent fromCoach Welly.
Data Privacy and Security Data Collection: By using Coach Welly, you acknowledge and agree that certain data and information may be collected, including personal information and biometric data. Refer to our Privacy Policy for detailed information on how we handle and protect your data.
Confidentiality: You are responsible for maintaining the confidentiality of your account credentials and any personal information shared within the app. Coach Welly shall not be liable for any unauthorized access to your account resulting from your failure to safeguard this information.
Termination: We reserve the right to suspend or terminate your access to Coach Welly if you violate this AcceptableUse Policy or engage in any unauthorized or prohibited activities. Termination may result in the loss of all data associated with your account. Modifications to the PolicyWe may update or modify this Acceptable Use Policy from time to time. It is your responsibility to review the policy periodically to stay informed about any changes. Continued use of Coach Welly after such modifications constitutes your acceptance of the revised policy. Contact InformationIf you have any questions or concerns regarding this Acceptable Use Policy or your use of CoachWelly, please contact our support team at via the Contact Us page on our website.
By using CoachWelly, you signify your agreement to comply with this Acceptable Use Policy.
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