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Terms and Conditions

This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the LilyFit.com website (“Website”). This website is not directed to persons less than eighteen (18) years of age.

The Website, Trade Mark and Copyright of LilyFit.com is owned by Lily Fit Group Ply Limited (hereinafter referred to as “LilyFit.com”). This Agreement applies to all of the Products (Subscriptions Nutrition, Retreats, Webinars and other services and third party website and links offered by LilyFit.com).

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition plan, or fitness retreat or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualise your diet, nutrition, or fitness plan or fitness retreat or webinars as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

If you do not agree to be bound by this Agreement, please do not use or access this Website.

LilyFit.com reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from LilyFit.com third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

Terms of Trade

1) Agreement

  1. a) These terms and conditions (including these Terms of Trade, Website Terms of Use and Privacy Policy, altogether the “Terms”) are a legal agreement (the “Agreement”) between you (“you” and “your”) and Lily Fit Group Ply Limited (Company ABN Number 50608256168 & ACN 608256168) (“com” “we” or “us”) which applies to your use of The LilyFit.com website (the “Website”) and goods and services (“Products”), ordered and purchased by you via the Website.
  2. b) You may contact us with any queries you may have in respect of these Terms via email at support@lilyfit.com.au or via post at our registered office 22b 105 Scarborough St Southport 4215 Queensland Australia.
  3. c) Your access to the Website, registration as a member, or submission of an order to purchase, shall constitute your unqualified acceptance of these Terms and the Agreement.

2) Orders 

  1. a) When making an order to purchase the Program and/or any Products, you must follow the instructions on the Website as to how to make your order and for making changes to your prospective order before you submit. b) Irrespective of any previous advertised price, once you select the Program and/or any Products that you wish to order, you will then be shown or told the charges you must pay including VAT/GST, if applicable and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in United States Dollars. c) The Program shall be paid for via accepted credit or debit cards or by PayPal, or by any other method specified by us from time to time, either: i) via monthly recurring payments and instalments. ii) In full at the time of ordering and or via recurring payments or instalments. d) The Program and/or any Products shall not be supplied before we have received cleared funds in full. e) We reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. f) You warrant that all details you provide to us for the purpose of completing the order will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Program and/or any Products. g) We reserve the right to obtain validation of your payment details before providing you with the Program and/or any Products. h) We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees. i) We shall not be obliged to supply the Program and/or any Products to you until we have accepted your order. j) Until such time as we accept your order, we reserve the right to refuse to process your order.

3) The Product 

  1. a) If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact support@LilyFit.com immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions. b) We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure but if the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price. c) As the product is digital media all fees are non-refundable, except as otherwise expressly provided in these Terms.

4) Delivery

  1. a) When you sign up for the Product, the Product content will be delivered to you online without further charge, unless otherwise specified by us. b) In the case of the Products, the final price quoted on the payments page on the Website is the price of the order including digital delivery to the stated destination. c) Should delivery of the Products be made to the address or email address stipulated by you or embedded in LilyFit.com website in the order, you shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery. d) Should delivery of any Products to a third party nominated by you is deemed to be delivery to you for the purposes of this Agreement. e) If applicable any delivery date specified in the order is made in good faith as an estimate only and LilyFit.com shall incur no liability whatsoever if such date is not met, nor will we be liable for any loss or damage whatever due to our failure to deliver the Program and/or any Products (or any of them) promptly or at all. f) If applicable we will aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or failure to deliver provided that the failure of LilyFit.com to deliver shall not entitle either party to treat this Agreement as repudiated. g) To the extent necessary, you grant us an ‘authority to leave’ when delivering any Products to you, and understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfers to you on delivery. h) Unless otherwise specified, all risk in the Product and/or any other Products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under this Agreement, risk shall pass at the date when delivery would have occurred but for your breach and from the time when risk passes to you, we will not be liable for loss or destruction of any Products. i) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver any Products to you) accept delivery or collect any Products from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: i) charge you for our reasonable storage fee and other costs reasonably incurred by us; or ii) no longer make any Products available for delivery or collection and notify you that we are immediately cancelling the Agreement, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Agreement, less our reasonable administration charges (including for attempting to deliver and then returning any Products, and any storage fees as provided above. j) If you do not receive the Product and/or any other Products ordered within 30 days of the date on which you ordered them, The LilyFit.com shall bear no liability to you unless you notify us by either email or telephone within 30 days of the date on which you ordered the Products.

5) Force Majeure

  1. a) LilyFit.com shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage of defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

6) Purchaser’s Disclaimer

  1. a) It is your responsibility to ensure that the Program or any Products are sufficient and suitable for your purposes and meet your individual requirements. b) We do not warrant that the Program and/or any Products will meet your individual requirements. c) Notwithstanding the fact that you may be able to tailor some aspects of the Program and/or any Products to your needs, you expressly acknowledge that the Program and/or any Products are standard and not made bespoke to fit any particular requirements that you may have. d) You acknowledge that participation in the Program assumes that the participant does not suffer from any health conditions. e) If you suffer from a health condition, you must consult a health care or medical professional before commencing the Program and/or using any Products, and must conduct the remainder of the Program and/or any further usage of the Products under the guidance of a qualified health care or medical professional. f) No information contained in the Website is to be used as medical advice and the Website and/or the Program and/or any Products are not intended to be used to diagnose, treat, cure, or prevent any medical condition. g) LilyFit.com gives no warranty that the Program and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management or health expectations you may have. h) Before relying on any information or recommendations on the Website or the Program and/or before using any Products, you should carefully evaluate the accuracy, completeness and relevance of this information to you and your circumstances (including any pre-existing medical conditions and your state of health), and obtain appropriate advice from healthcare professionals wherever necessary. i) You acknowledge that you are solely responsible for following, or not following, the Program and/or any advice or health or any other program and/or use any Products or regime that we provide via the Website or as part of the Program and/or any Products, and that LilyFit.com is not responsible for any injuries that you may suffer as a result of use of the Website or the Program and/or any Products. j) To the extent that if we supply any “recreational services” or “recreational activities” or any other civil liability or consumer protection legislation, you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. k) Following this, you acknowledge that you voluntarily assume all risks associated with your participation in any recreational services and activities that we may provide. l) To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community. m) To the extent permitted by law, we do not make any representations or warranties that any information of any form provided or made available by us is reliable, accurate or complete, and we make no guarantees of any specific result from use of the Website or the Program and/or any Products or the information or services provided therein and we disclaim any and all liability in whatsoever from arising from any action taken or reliance by you on any information available on the Website or the Program and/or any Products. n) You hereby disclaim any right to rescind, or cancel the Agreement or to sue for damages or to claim restitution arising out of any misrepresentation made to you by LilyFit.com or any servant or agent of LilyFit.com and you acknowledge that you use the Website and/or purchase the Program and/or any Products relying solely upon your own skill and judgement and (if applicable) that LilyFit.com shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer of the Program and/or any Products (where applicable) which warranty shall be personal to you and shall not be transferable to any subsequent purchaser.

7) Damage or defects

  1. a) You shall inspect the Program and/or any Products on delivery and shall within seven (7) days of delivery notify us of any alleged defect, shortage in quantity, damage or failure in performance and/or to comply with the description or order. b) You shall provide us an opportunity to review or inspect the Program and/or any Products within a reasonable time following delivery if you believe the Program and/or any Products is defective in any way. c) If you fail to comply with these provisions, the Program and/or any Products shall be conclusively presumed to be in accordance with these Terms and free from any defect or damage. d) For a defective Program and/or any Products, LilyFit.com liability is limited in our absolute discretion to either crediting the costs of the faulty program and/or any Products, replacing the Program and/or any Products , or repairing the Program and/or any Products , provided that: i) you have complied with the provisions of this Term; ii) if applicable the Program and/or any Products are returned to us at your cost within seven (7) days of the delivery date; iii) the Program and/or any Products are returned in the condition in which they were delivered. e) Your failure to diligently record the receipt of damaged goods, or inability to provide the relevant documentation may entitle us to refuse any refund, replacement or repairs in our absolute discretion. f) To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement for any cause will be the total sum of all fees paid or payable by you under this Agreement up until and including the date the cause of action accrued. g) Nothing in these Terms affects statutory rights you might have as a consumer under applicable local law that may not be excluded.

8) Rights to refund for the Program and/or any Products 

  1. a) Due to the nature of digital media products refunds for purchases of the Program and/or any Products are only given under extenuating circumstances. b) If you believe you should be granted a refund, you can write to us at support@LilyFit.com with an explanation of your circumstances for our review. c) If agreed by us in our absolute discretion, we may provide you with a refund for any portion of the Program and/or any Products which you have paid for but are unable to use. d) When a refund is made you will no longer have access to the LilyFit.comProgram and/or any Products.

Website Terms of Use

1) Agreement

  1. a) By accessing the Website, registering, or placing an order for the Program and/or any Products, you are also deemed to agree to and to accept the following terms of use for the Website. b) If you do not agree to these Terms you should cease using the Website immediately.

2) Registration

  1. a) Upon registration, you will be use a username, password and account. b) Your account is personal to you, and you must not disclose your password to any other person, nor allow any other person to use your account and password. c) You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account (including any purchases made through your account) is deemed to be access or use by you, and that you shall be liable for the consequences of any such use.

3) Privacy Policy

  1. a) LilyFit.com is committed to protecting your privacy. b) Please review our Privacy Policy found here, which also governs your visit to the Website, to understand our privacy practices refer to our Privacy Policy for information on how we collect, use and disclose personal information. c) Throughout the registration process you may be required to give us certain sensitive personal information, including (but not limited to) information about your health, age, height and weight. d) You consent to your personal (and if applicable) sensitive information being used for the purpose of us delivering services and the Program and/or supply any Products to you, and otherwise the reasons set out in our Privacy Policy.

4) Use of the Website

  1. a) As a user of the Website, you are specifically prohibited from: i) downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content”) without the written license or agreement of LilyFit.com; ii) bypassing (or attempt to bypass) any security mechanisms imposed by the Website; iii) using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content; iv) altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology; v) posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
  2. vi) exploiting the Website, the Program and/or any Products or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including: (1) the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests; (2) sale of access to the Program and/or any Products or Website or its related services on another website; (3) any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for LilyFit.com or Site Content; vii) providing access or links to any material from the Website to individuals other than yourself; viii) providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; ix) deleting or altering or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website, the Program and/or any Products or Site Content; x) harvesting or collecting email addresses, photographs or personal information of other users; xi) impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation; xii) posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or xiii) posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so. b) You hereby represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trade mark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

5) User Generated Content

  1. a) We may from time to time allow you to upload materials or post information, photos, content, and other user submissions to the Website (“  User Content”) and may also allow you to see User Content submitted by other persons. b) The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (“Privacy Controls”). c) Whilst we will use our best endeavours to ensure that the Website properly implements the Privacy Controls that you select, we do not warrant or guarantee that the implementation is error free. d) To the extent permitted by law, we disclaim all liability for any loss or damage arising as a result of or in connection with any malfunction in the Privacy Controls selected by you resulting in the unintentional disclosure of your User Content. e) You acknowledge and agree that in posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website: i) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website; ii) you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to LilyFit.com to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine; iii) you warrant that your User Content (and the licence granted pursuant to this Term) do not infringe the rights of any person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause; and
  2. iv) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content, and waive any moral rights you may have. f) We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason. g) We accept no responsibility or liability for any User Content. h) You acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content and you are solely responsible for verifying the veracity of any claims or statements made in any User Content. i) You acknowledge that your User Content will be displayed on the Website, and other users may use, view and download your User Content. j) We are not responsible for how other users will use your User Content. k) You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website. l) Some User Content may refer to events or activities that are organised by other users of the Website. m) We are not responsible for organising these events and activities, and do not authorise or endorse them and you are solely responsible for determining whether to participate in these events and activities, at your own risk.

6) Intellectual Property Rights

  1. a) Unless otherwise indicated and except for any functionalities provided by external websites, all Site Content and all other material included on the Website and the Program and/or any Products (such as, but not limited to content, materials, recipes, exercise and eating programmes, text, graphics, logos, icons, images, audio and video clips, sound recordings, digital downloads, data compilations, software and advertisements, e magazine) are either the property of LilyFit.com or its content suppliers and are protected by international laws of copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property. b) All names, logos and trade marks on this Website are the property of their respective owners. c) 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. d) We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website, the Program and/or any Products and their content solely for your personal, non-commercial purposes and only for those purposes. e) Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written consent of LilyFit.com. f) If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at support@LilyFit.com.

7) Termination Policy

  1. a) LilyFit.com reserves the right, in its sole discretion to restrict, suspend, or terminate Users’ access to all or any part of the Website and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability. We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms.

8) Disclaimers

  1. a)Links:
  2. i) The Website may contain links to other websites. ii) LilyFit.com are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by LilyFit.com iii) Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by LilyFit.com. iv) By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site. b)Third Party Sites:i) When you access these third-party sites, you do so at your own risk. ii) LilyFit.com takes no responsibility for third party advertisements which are posted on this Website or through LilyFit.com services, nor does it take any responsibility for the goods or services provided by its advertisers. c) Technical Issues: i) LilyFit.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Program and/or any of LilyFit.com services or combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Program and/or any Products . ii) We disclaim all liability for any The Program and/or any Products that cannot be delivered due to technological malfunctions beyond our reasonable control. d) Territory:i) The Website is controlled and offered by LilyFit Group Ply Limited from its facilities in Australia. ii) Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9) Limitation on Liability & Indemnity

  1. a) In no event shall LilyFit.com be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if LilyFit.com has been advised of the possibility of such. b) In the event of any breach of this Agreement by LilyFit.com the remedies to you shall be limited to damages. c) Under no circumstances shall the liability of LilyFit.com exceed the price of the relevant Program and/or any Products paid by you. d) You agree to indemnify and hold LilyFit.com its subsidiaries, and affiliates, and their respective officers, agents, advisers, representatives, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our services and/or the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. e) LilyFit.com shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.

10) Consent

  1. a) You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. b) By accessing the Website and/or ordering the Program and/or any Product, the parent/guardian of users under the age of 18 (“Minors”) agrees that they have read and consent to these Terms. c) Parents/guardians may be required by LilyFit.com to enter into a further agreement as evidence of consent to the Minor entering this Agreement. d) Both the Minor and his or her parent/guardian acknowledge and confirm that the Minor understands the nature of his or her rights and obligations under this Agreement, that the Minor’s commitment to this Agreement is for his or her benefit, and that these Terms shall be binding as a result.

11) General

  1. a) These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LilyFit.com without restriction. b) This Agreement constitutes the entire agreement between you and LilyFit.com regarding the use of the Website and our services and the Program and/or any Products. c) The failure of LilyFit.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. d) If any provision of this Agreement or shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. e) LilyFit.com takes no responsibility for changes in the law which affect the Program and/or any Products supplied. f) LilyFit.com reserves the right to amend these Terms from time to time and your continued use of the Website, access to your account, or subsequent purchase of the Program and/or any Products following the posting of any changes to these Terms constitutes acceptance of those changes. g) You agree that any cause of action must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. h) This Agreement and all transactions undertaken through the Website are governed by the laws of Australia and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of Australia.

Parental or Guardian Permission

You must be 18 years or older to use this Website and by providing information about yourself to LilyFit.com you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to theLilyFit.com Website, you are required to have your parent or legal guardian contact LilyFit.com at support@LilyFit.com prior to use.

Communications

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, LilyFit.com may deliver communications to you by any means set forth in any other LilyFit.com policy or notice published on the Website.

Site Access

LilyFit.com grants you a limited license to access to view of the Website and you may not download or modify it, or any portion of it, without the express written consent of LilyFit.com. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of LilyFit.com. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LilyFit.com without our express written consent. You may not use any metatags or any other hidden text utilising LilyFit.com name or trademarks without the express written consent of LilyFit.com. Any unauthorised use terminates the permission or license or access granted by LilyFit.com.. You may not use any LilyFit.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Membership Account

If you subscribe to and use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. LilyFit.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our website Privacy Policy), and any other confidential information relating to your LilyFit.com account; (c) take responsibility for all charges resulting from use of your LilyFit.com account, including unauthorised use prior to your notifying LilyFit.com of such unauthorised use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our website www.), including email address, as appropriate. If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the website. LilyFit.com reserves the right to terminate any account that is using or trying to use more than 1 promotion. If subscription is terminated due to a violation of this Agreement LilyFit.com will not reimburse Subscriber for the remainder of paid month, nor will reimbursements be made for subscription cancellations prior to monthly renewal date. Billing Policies; Recurring Subscription. By registering for LilyFit.com you agree to the pricing terms as set forth on the LilyFit.com service, as we may update them from time to time. You agree to pay all fees due for your monthly subscription to LilyFit.com (“Subscription Fees”) on or around the date you register for LilyFit.com (unless you participate in a free trial or other promotion as provided below), and you hereby authorise LilyFit.com to charge your Payment Method (as defined below) for all such Subscription Fees. You acknowledge and agree that your LilyFit.com subscription will automatically renew for additional one (1) month recurring periods or yearly/annual recurring periods of subscriptions on or around each monthly or yearly/annual anniversary of the date you registered for LilyFit.com (each  “Renewal Date”), unless you cancel your LilyFit.com subscription 14 days prior to the applicable Renewal Date. You further authorise LilyFit.com to charge your Payment Method the Subscription Fees on or around each Renewal Date. LilyFit.com may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. No Refunds. You may cancel your LilyFit.com account at any time; however, there are NO REFUNDS OR CREDITS for cancellation, unless required otherwise by applicable law. In the event that LilyFit.com suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or Subscription Fees for any portion of the Service, any content or data associated with your account, or for anything else.

Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service (“Payment Method”) at the prices in effect when such charges are incurred. You will pay any applicable taxes and other fees, if any, relating to any such purchases, transactions or other monetary transaction interactions.   If applicable Free Trials, We may offer free trial periods of LilyFit.com and/or other promotions in connection with Lily Fit.com (“Promotion(s)”). You acknowledge and agree that the full Subscription Fees will become immediately due upon the expiration of the Promotion, unless you cancel your LilyFit.com subscription prior to the expiration of the Promotion. You agree to pay all such Subscription Fees on or around such date, and you authorise LilyFit.com to charge your Payment Method for all such Subscription Fees. Subscriptions are recurring and billed monthly. All subscriptions are renewed automatically until canceled. Subscribers may cancel their subscription at any time. Subscriptions must be canceled 3 days prior to the renewal date in order to end subscription charges. At times, special pre-paid subscription packages may be available for purchase. Special pre-paid subscriptions will be recurring and may renew automatically on the expiry date. Subscription must be canceled prior to the renewal date in order to end subscription charges.

Contacting LilyFit.com

You may contact us by email to support@lilyfit.com Provide your first and last name and user name; we will not open your email if it contains an attachment.

Disclaimers and Limitation of Liability

Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither LilyFit.com nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. LilyFit.com does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.

The website is provided by LilyFit.com on an “as is” and “as available” basis. LilyFit.com makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, LilyFit.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall LilyFit.com or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if LilyFit.com is expressly advised of the possibility of such damages. In no event shall LilyFit.com liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by LilyFit.com providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall LilyFit.com or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Third Party Content

The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than LilyFit.com LilyFit.com is a distributor and not a publisher. LilyFit.com has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by LilyFit.com are those of the respective authors or distributors and not of LilyFit.com. Neither LilyFit.com nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with LilyFit.com. LilyFit.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorised LilyFit.com employees. Under no circumstances shall LilyFit.com be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.

Online Conduct

User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If LilyFit.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, LilyFit.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. LilyFit.com may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of LilyFit.com its Users or Providers.LilyFit.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of LilyFit.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither LilyFit.com nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither LilyFit.com nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

Links to other Websites

The Website may reference or link to third-party sites throughout the World Wide Web. LilyFit.com has no control over these third-party sites or the content within them. LilyFit.com cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. LilyFit.com does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. LilyFit.com does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against LilyFit.com for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

Copyright

Copyright © LilyFit.com 2014. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to LilyFit.com or its content suppliers and are protected by international copyright law. LilyFit.com enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided without limitation for International Bern Convention Regulations and Law All rights are reserved.

Trademarks

LilyFit.com and the related logos and other marks indicated on our Website are the exclusive property and trademarks of LilyFit.com. LilyFit.com reserves all rights, including all rights applicable under the International trademark laws, including, without limitation International Bern Convention Regulations and Law. All other trademarks not owned by LilyFit.com that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LilyFit.com.

Indemnity

You agree to defend, indemnify, and hold LilyFit.com and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Applicable Law

The Website is created and controlled by LilyFit.com in Australia As such, the laws of the Australia prevails and will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. LilyFit.com reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of Australia for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation within the Australian international courts and agrees not to plead or claim in any Australian International court that such litigation brought therein has been brought in an inconvenient forum.

Preservation and Disclosure

You acknowledge, consent and agree that LilyFit.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of LilyFit.com Online Video Workouts, its Members and the public. Under no other circumstances will LilyFit.com intentionally disclose your account information to any third party.

Miscellaneous Terms

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. LilyFit.com reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

 

Update 2015

The material and content on the www.lilyfit.com website is owned by Lily Fit Group Ply Ltd Australia ABN 50608256168 with offices at 22b 105 Scarborough Street South Port QLD 4215. (‘www.lilyfit.com‘) Website, under the domain name ‘lilyfit.com” (collectively ‘Website’).

This Website is offered to you conditional upon your acceptance of these Terms and conditions of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time. If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

Content on this Website

Material or information (‘Content’) on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Lily Fit does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.

External links and advertisements

This Website contains links to websites maintained by other organisations over which Lily Fit has no control. Lily Fit does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

LilyFit makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is Lily Fit responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.

Copyright in material on this site and restriction of use

Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Lily Fit Group Ply Ltd (ABN 50608256168). All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

Copyright in other material

Lily Fit makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

Trademarks

Trademarks including but not limited to the words ‘Lily Fit, unless otherwise indicated, are owned by Lily Fit in Australia and may be the subject of rights in other countries. You must not use Lily Fit trademarks

This Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

Website unavailability

Lily Fit 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 Lily Fit.

Password requirement

Lily Fit members may obtain a password by logging into the Lily Fit Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. Lily Fit may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user’s password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

Registration

Whether you are a member of Lily Fit or a non-member, you may need to register or subscribe in order to purchase products and services from this Website, subscribe for videos or enter competitions. Members may be entitled to receive discounts when purchasing and / or registering for products and services from this Website. Access to some areas of this Website may also be restricted to members only and / or any approved program providers.

Registration

  1. Registration fees are non-refundable.
  2. Payment is debited once application has been submitted.
  3. Please allow one week for processing applications.
  4. A tax receipt (if required) will be issued by Lily Fit Group ply Ltd, on receipt of payment..

Payment terms

A Tax Invoice will be issued once processing has been completed. Any dispute regarding the invoice must be notified to Lily Fit within two (2) business days of receipt of invoice. No product or services shall be delivered to you without payment being received by Lily Fit.

Payment types

The following credit cards are accepted:

Online transactions: Fill in your details and LilyFit will charge the transaction to your account.

Prices

Prices are correct at the time they appear on this Website. However, Lilyfit reserves the right to change prices at any time.

The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.

Refund Policy

It is important to Lily Fit that all clients understand their rights and obligations in relation to refunds.