Please read the following terms and conditions (“T’s & C’s”) relating to your use of Awesome’s website; www.ichooseawesome.com.au (“the site”).  By using the site you agree to be bound by these T’s & C’s.  Awesome reserve the right, in Awesome’s sole discretion to, to change, modify, add or remove portions or these T’s & C’s.  By using the site after Awesome post any changes, you agree to accept those changes, whether or not you have reviewed them.  If you do not understand or wish to be bound by these T’s & C’s you may not use the site.

  1. Definitions

    1. “Awesome” means I Choose Awesome Pty. Ltd and it’s directors, officers, employees, agents, affiliates, representatives, successors and assigns

    2. “GST” means the goods and services tax within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth)

    3. “online program” means any fitness and/or nutrition course, training, coaching etc offered by Awesome on the site including the 12 week challenge

    4. “other users” means other people who use the site

    5. “social media sites” means sites such as Facebook, Twitter and similar public websites

    6. “the goods” means the products and merchandise available for  purchase on the site

    7. “you/your” means you, the user of the site

  1. Privacy

    1. Awesome are committed to protecting your privacy and security.  For more information, you should review Awesome’s Privacy Statement, which is incorporated into these T’s & C’s by this reference.  You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Statement.  You should check the Privacy Statement regularly for changes.

  1. Intellectual Property

    1. I Choose Awesome, ichooseawesome.com.au and the Awesome logo are trademarks or registered trademarks (“the trademarks”) of Awesome.  Neither your use of the site nor these T’s & C’s grant you any right, title or interest in or to or any licence to reproduce or otherwise use the trademarks.

    2. All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the site shall remain at all times vested in Awesome.  You are permitted to use this material or content only as expressly authorized by Awesome in writing and must not and agree to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.

  1. Acceptable Use

    1. You must not post or transmit through the site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others or cause distress or inconvenience or which do not comply with all relevant laws

    2. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive

    3. You must always treat other users with respect

    4. You must not copy, download, reproduce, republish any material on the site except as is strictly necessary for your own personal non-commercial use.

  1. Termination

    1. Awesome shall have the right to immediately terminate your use of the site if Awesome determine in Awesome’s sole discretion that you have breached these T’s & C’s or otherwise been engaged in conduct which Awesome determine in Awesome’s sole discretion to be unacceptable.

  1. User content & Public forums

    1. Awesome are not responsible for and give no endorsement of any material which is posted or submitted on any blogs, bulletin boards or chat forums which is posted or submitted by other users of the site.  You expressly acknowledge and agree that Awesome do not exert control over other users of the site and Awesome are not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.  Awesome reserve the right (although Awesome have no obligation to do so) to monitor the contributions and may respond to or comment upon communications by you and edit, refuse to post or remove any content form the blogs, bulletin boards and chat forums in our absolute discretion.  No failure to remove particular material constitutes an endorsement or acceptance of it by Awesome.

  1. Third Party Websites

    1. You acknowledge and agree that Awesome are not responsible for the availability of any third party website or material you access through the third party website and Awesome do not endorse and are not responsible or liable for any content, advertising, products or services on or available from third party websites, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising products or services available on or available from third party websites or material contained on the third party websites.  You link to any such website entirely of your own risk.

  1. Social Media sites

    1. You acknowledge and agree that Awesome are not responsible for the material you access through or the material submitted by other users of our pages on social media sites.  Awesome do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such social media sites, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising products or services available on the social media sites or material.  You use such social media sites entirely of your own risk.

  1. Online Programs

    1. All participation in online programs offered on the site are subject to acceptance by Awesome after receiving registrations (if any), fees (if any) and supporting documents (if any).

    2. Awesome reserve the right at any time to:

      1. change the format, content, timing and scheduling of any online program;

      2. postpone and/or cancel any online program; and will not be liable to you for any damages, costs, losses or expenses of any kind incurred or suffered by you as a result of or in relation to Awesome modifying, postponing or cancelling any online program.

c. Awesome reserve the right, without any liability, to refuse you admission to, or to eject you from any online program in its absolute discretion, including, without limitation, for failure to comply with these T’s & C’s, or if in the sole discretion of Awesome you pose risk to the running of the online program or you are not suitable for the online program.

  1. Purchasing of Goods

    1. As part of the site Awesome may provide an online shopping facility that enables you to purchase the goods.

    2. Where you place an order to purchase the goods via the site, you are making an offer to Awesome.  No contract for the purchase of the goods will come into existence until Awesome have reviewed and accepted your order.  Awesome may decline an order where Awesome believe that Awesome have reasonable grounds for doing so.

    3. When you purchase any of the goods you agree to pay the purchase price specified on the site at the time of purchase.  Awesome will state whether the purchase price includes GST, postage and handling and/or insurance charges.  Where these are not included in the purchase price, then you also agree to pay these other amounts.  All transactions are displayed and processed in AUD.  You will be required to pay for the goods online by credit card.  Awesome will bill your credit card at the time of order.  The credit cards that Awesome accept from time to time will be described on the site.  Awesome may apply a surcharge from time to time for the use of certain credit cards, and where Awesome do so this will also be described on the site.

    4. Awesome may cancel an order that Awesome have already accepted if Awesome suspect that you are acting fraudulently or in breach of these T’s & C’s.  While Awesome endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and Awesome may also cancel an order that Awesome have accepted in such circumstances.  Unforeseen supply problems or unexpected demand may occasionally result in the goods being unavailable.  If this occurs, you may cancel your order at any time prior to when Awesome ship the goods to you, by notifying Awesome accordingly.

    5. Awesome will deliver the goods to the place of delivery specified when making your order.  Title to and risk in the goods will pass to you upon delivery of the goods to this place of delivery.

    6. Where prices displayed on the site are exclusive of shipping costs, shipping costs are influenced by the size and weight of the product and the place of delivery.  Exact shipping costs are calculated at the end of your order and will be added to the order total before payment is requested.  Prices are based on a single quantity purchased.  When a purchase is for multiple quantities, you will be charged a single shipping fee based at the highest shipping rate.  Awesome deliver products Australia wide using Australia Post and other contracted agents.  Awesome endeavour to make sure that all products listed on the site are currently in stock and pricing is true and correct.  Standard delivery times are between 3 – 10 working days.

    7. The goods are sold on a firm sale basis and no returns will be accepted unless stated within a promotion or are damaged in transit, incorrectly shipped, and/or faulty product to be determined in Awesome’s sole discretion.  Nothing in relation to the Awesome returns procedure excludes or purports to exclude any warranties or conditions expressed or implied by the Trade Practices Act 1974 (Cth) or any other applicable legislation that cannot or have not been excluded by these T’s & C’s.  You must apply to Awesome for any return you wish to make within seven (7) days from the date of delivery.

    8. In no event will Awesome be responsible for any special, indirect, consequential or punitive damages related to the goods purchased and sold.  Awesome make no representations or warranties with respect to the goods sold on the site.

  1. No medical advice

    1. The site provides fitness and weight loss management information only.  The site is intended only to assist you in your personal fitness and weight loss efforts.  Awesome are not a medical or not a medical organization and Awesome cannot give you medical advice or diagnosis.  Nothing contained in this site is not a substitute for independent professional medical advice or diagnosis.  The information generated by Awesome on the site should not be interpreted as a substitute for medical consultation, evaluation or treatment by a qualified medical professional.  Awesome recommend and advise you to seek medical advise before commencing any fitness and/or weight loss plan.

    2. You hereby agree that, before using this site and services you shall consult your medical professional, particularly if you are at risk of problems resulting from fitness and/or change in your diet.

  1. Licence

    1. Subject to your compliance with these T’s & C’s Awesome grant you as non-exclusive, revocable, non-transferable licence to use the site.  Your use of the site is limited to your personal non-commercial use.  The site or any content of the site may not be reproduced, copied, modified, sold, distributed or otherwise exploited for any commercial purpose without the express written consent of Awesome.  If you breach any of these T’s & C’s your rights under this condition will immediately terminate.

  1. Disclaimers and Limitation of Liability

    1. Awesome hereby disclaims all warranties.  The site and its content, online programs and the goods for purchase are provided “as is” and “as available” to the full extent permitted by law.  Awesome expressly disclaims any and all warranties, express or implied, regarding the site including but not limited to any implied warranties to merchantability, fitness for a particular purpose or non-infringement.  Awesome does not warrant that the site or its content, online programs and/or the goods for purchase will meet your requirements or be uninterrupted or error free.

    2. You agree that your use of the site and its content is at your sole risk.  You will not hold Awesome responsible for any loss or damage that results from your use of the site including but not limited to any loss or damage to your computer or data.

    3. The liability of Awesome is limited to the maximum extent permitted by law and in no event shall Awesome be liable for special, incidental or consequential damages, lost data or confidential or other information, loss or privacy, failure to meet any duty including without limitation of good faith or of reasonable care, negligence or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Awesome arising out of or in connection with your use of the site and its content.  These limitations shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.  The site and content would not be provided without  these limitations.

    4. The above disclaimers, waivers and limitations do not in any way limit any other disclaimer, warranties, or limitation of liability in these T’s & C’s or any other agreement between you and Awesome.  Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation or certain damages so some of the above disclaimers, waivers and limitations may not apply to you.  Unless  limited or modified by law the above disclaimers, waivers and limitations shall apply to the maximum extent permitted.

  1. Indemnity by you

    1. You agree to indemnify Awesome, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these T’s & C’s by you or any other liabilities arising out of your use of the site and its content.

  1. Children

    1. The site is not for use by children and is not directed at children.  The site is for use and access by individuals who are eighteen (18) years and over.

  1. General

    1. If any part of these T’s & C’s are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these T’s & C’s and the remainder shall continue to have full force and effect.

    2. These T’s & C’s will be governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

Last modified as of April 2012