Terms & Conditions

WELCOME TO PRIME ACTIVE

 

  • About the Website
  1. a) The Website is operated by Prime Active (ABN 77963437175). Access to and use of the Website is, or any of its associated Products or Services, is provided by Prime Active.  Please read the Terms and Conditions (the ‘Terms’) carefully.  By using, browsing and/or reading the Website, this signifies 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 relevant Services, immediately.
  2. b) The materials on Prime Active are offered to women and men who wish to enhance their health and well-being. Please read these terms and conditions (the ‘Terms’) and policies (the ‘Privacy Policy’) 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.
  3. c) Prime Active reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PRIME ACTIVE updates the Terms, it will be updated on this Website. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of the Website will constitute your acceptance of any changes.  If you object to any changes, please contact penelope@primeactiveclasses.mystagingwebsite.comand immediately discontinue use of any Products or Services.  Before you continue, we recommend you keep a copy of the Terms for your records.
  4. d) Should you have any questions or concerns, contact penelope@primeactive.com.au before purchasing or engaging in our services.

  • Acceptance of the Terms
  1. a) 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 PRIME ACTIVE in the user interface.
  2. b) If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the country you are located.

  • Subscription to use the Services
  1. a) In order to access the Services, you must go through a registration process, and be required to provide personal information about yourself (such as identification or contact details), including:

 (i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) OTHER INFORMATION

 

  1. b) You warrant that any information you give to PRIME ACTIVE in the course of completing the registration process will always be accurate, correct and up to date.
  2. c) 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. As a Member you will be granted immediate access to the Services from the time you have completed the registration process

  • Payment
  1. a) Where the option is given to you, you may make payment for Prime Active  services by way of:
  1. Stripe secure payment gateway.
  2. Paypal
  3. Credit/debit card

(iii) OTHER PAYMENT METHOD

  1. b) All payments made in the course of your use of the Services are made using PAYMENT GATEWAY. 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 PAYMENT GATEWAY terms and conditions which are available on their website.
  2. c) You acknowledge and agree that where a request for the payment of the Class 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 Subscription Fee.
  3. d) You agree and acknowledge that PRIME ACTIVE can vary the Class Fee at any time and that you will be notified accordingly. Classes already paid for will not incur any additional charges in line with the new class fee.

  • Cancellation and Refund Policy

a). Bookings For Group Exercise Classes 

 

  1. Class fees are non-refundable and non-transferable due to change of mind once booked except if prior cancellation of the paid for class has been given to Penelope, and as long as 4 hours notice has been given.
  2. You can attend another class as a catch-up class, as long as you have given Penelope at least 4 hours notice.
  3. Catch up classes can be done subject to space.
  4. Spaces can only be held with payment, please complete payment to secure your space. 

 

b). Credits and Refunds.

 

  1. Credits and refunds are usually issued for missed classes as long as at least 4 hours notice has been given to Penelope. In this case, a 100% refund will be offered minus admin. charges or a credit for another class. 
  2. There will be no credit or refund if you do not show up to a class or you haven’t given at least 4 hours notice.

 

c). Cancellations.

 

  1. In the rare event that a class is cancelled by Prime Active you will be given the following options: come to a different class that week or another week subject to space, receive a credit to use at another time, or receive a 100% refund for the class.
  2. COVID-19: Prime Active has a COVID-19 plan which ensures the safety of all participants. This plan is in line with the St. Paul’s Anglican Church Covid-19 plan as all classes are run at this venue. If we have to close temporarily again, classes will be cancelled. You will have the option to receive a full refund or if you prefer, defer your booking for when the classes resume. As the church hall is large, social distancing can be implemented easily when classes resume.
  3. These documents and conditions are subject to change due to the changing nature of the situation and government regulations. Please check back regularly to view updated policies.

  • Copyright and Intellectual Property
  1. a) The Website, the Services and all of the related products of PRIME ACTIVE 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 PRIME ACTIVE and/or its contributors.
  2. b) All trade names are owned, registered and/or licensed by PRIME ACTIVE, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

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

(iii) download, print and reproduce pages in unaltered form from the Website for your own personal and non-commercial use.

 

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

  1. c)PRIME ACTIVE 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:

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

(ii) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(iii) 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.

  1. d)You may not, without the prior written permission of PRIME ACTIVE 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.

 

Modification of Our Content for any other purpose is a violation of our copyright (Copyright Act 1968) and other proprietary rights and is strictly prohibited.

  • Privacy

PRIME ACTIVE takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to PRIME ACTIVE’s Privacy Policy, which is available on the Website.

  • Confidentiality

You agree:

  1. a) That any confidential information shared by other Prime Active participants (Participants) or any representatives is confidential and proprietary, and belongs solely and exclusively to the Participant who disclosed the information.
  2. b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
  3. c) That all materials and information provided to you by Prime Active is confidential and proprietary information and is intellectual property, belonging solely and exclusively to Prime Active, and may only be used by you, as authorised by Prime Active.

 

  1.   Registering Your Details

Before you purchase products and/or services, you must register with Prime Active.  You must provide accurate and complete information and it is your responsibility to inform Prime Active of any changes to your personal registration information.

We may, at any time, request a legal form of identification to verify your identity.

 

When you are a registered user or member to the Website, you acknowledge and agree that:

  1. You are solely responsible for protection and confidentiality of your password(s) and/or member identification.
  2. You will not reveal (or cause to be revealed through any act or omission) your password to any other person.

iii. You will immediately notify us if your password(s) and/or member identification number is lost or becomes known to any other person.

  1. Any information you provide to us for posting or inclusion in our Prime Active community, at any time, becomes the property of Prime Active.
  2. Where a member service is for one user only, no other person will use your password or any registered user/member services.
  3. The personal information provided to Prime Active will be treated strictly in accordance with its Privacy Policy.

 

  1.   Anti-spam Notice

Publication of electronic addresses on the Prime Active Website is for the purpose of professional communication only and must not be used to infer consent by Prime Active or the relevant addresses, to the receipt of unsolicited commercial electronic messages.

 

  1.   External Links and Advertisements

This Website May contain links to websites maintained by other organisations over which Prime Active has no control. Prime Active does not sponsor, endorse or approve any material or advertising on external websites or the operations of external sites.  Any information, products and/or services accessed on external websites are accessed solely at your own risk.

 

  1.   Your Obligations

When using our products and/or services, you may be given access to Facebook groups and other online/virtual forums (Prime Active Facebook group/page) in which you may post photos, make comments, send messages or post other material (Your Content). When posting Your Content, on the Website or any Prime Active platforms, you agree that you will not post or otherwise publish:

  1. a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, offensive, inflammatory or otherwise objectionable.
  2. b) Content that harasses, degrades, intimidates or is hateful to any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  3. c) Information that includes personal or identifying information about other person without that persons consent.
  4. d) Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by PRIME ACTIVE.
  5. e) Any information or content that impersonates any person or entity.
  6. f) Any material or non-public information about companies without authorisation to do so.
  7. g) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities and any other similar unsolicited commercial communication (except as/if expressly permitted by PRIME ACTIVE.

 

By posting or otherwise publishing Your Content on our Website or the PRIME ACTIVE Facebook group/page, you:

  1. Grant PRIME ACTIVE a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit Your Content in any form and for any purpose.
  2. Warrant that you have the right to grant the above licences;

iii. Warrant that Your Content does not breach these Terms.

 

We reserve the right (but have no obligation) to:

  1. a) Review, modify, reformat, reject or remove Your Content if it, in the opinion of PRIME ACTIVE, violates these Terms and Conditions or otherwise has the potential to harm, endanger or violate the rights of any person or entity; and
  2. b) Monitor use of the Website and fore mentioned groups/platforms, and store or disclose any information that we collect, including in order to investigate compliance with the Terms, or for the purposes of any Police investigation or Government request.

 

  1.   Medical Advice

You are required to complete a pre-exercise questionnaire which you must complete to the best of your ability and with 100% honesty.  If so requested by Prime Active, it is essential that you seek expert medical advice before starting an exercise program. Please inform Prime Active about any health risks and if you’re concerned about any of the exercises so you may be provided with suitable alternatives. You are also obligated to tell Prime Active if your medical condition(s) change after you join.

 

  1.   Indemnification

You agree to indemnify, defend and hold harmless Prime Active, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitors fees) asserted by any third party due to, arising from or in connection with your use of Our Content, or your conduct on our Website. Prime Active reserves the right, at all times and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

 

  1.   Limitation of liability
  2. a) Prime Active’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.
  3. b) You expressly understand and agree that Prime Active, 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.

 

  1.   Dispute Resolution
  2. a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  1. b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. c) Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

  1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the MEDIATION BODY or his or her nominee;

iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  1. mediation will be held in PERTH, Australia.
  2. d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  1. e) Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

  1.   Venue and Jurisdiction

The Services offered by Prime Active is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

 

  1. 18.   Website Unavailability

Prime Active does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Prime Active.

We reserve the right to change, from time to time, the services available to members.

 

  1.   Feedback

Your feedback is important in helping us to provide a great service. If you have any questions or comments regarding any of our products, services or Website please address this in writing to penelope@primeactiveclasses.mystagingwebsite.com

 

  1.   General Disclaimer

I hereby understand and acknowledge that the training, programs and events held by Prime Active (the ‘Programs’) may expose me to inherent risks, including but not limited to: accidents, injury or illness.  I assume all risk of injuries associated with participation in the Programs including, but not limited to: falls, the effects of the weather (including high heat or humidity) and all other such risks being known and appreciated by myself.

 

I acknowledge that if I have any concerns about my physical or mental health that may conflict with my participation in the Programs, I acknowledge that I am responsible for communicating those to Penelope Lane prior to participation in the Programs.  If concerns arise during participation in the Programs, I will immediately inform Penelope Lane.

 

As necessary to my circumstances, I will take prior advice from my doctor regarding my health and fitness to participate in the Programs.

As a participant of Prime Active I, and anyone entitled to act on my behalf, am to hold harmless, waive and release Prime Active and Penelope Lane; its agents, employees, organisers, representatives and successors in the Programs.

All the Prime Active products, services and related products are intended for general education and information purposes only.  Nothing on this Website, or any related content provided by Prime Active during provision of the products and/or services purports to offer medical or other professional advice. Use caution and always seem professional advice before acting on any information we provide.

Prime Active does not warrant the accuracy, completeness or adequacy of the Content on this Website. You should make your own enquiries before entering into any transaction on the basis of the content on this Website.

Any decisions you make following the support, guidance, strategies and tools provided by Prime Active are yours alone and any consequences from these decisions is your sole responsibility.  

 

It is important you understand your success is dependent on many factors including, but not limited to: dedication, participation, desire and motivation.

 

Any testimonials and examples within our marketing materials are not to be taken as guarantee that you will achieve the same or similar results.

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