The following terms and conditions govern all use of the Obstacle Course Coaching website (www.obstaclecoursecoaching.com.au and www.obstaclecoursecoaching.com) and all content, services and products available at or through the website (“the website”). The website is owned and operated by Obstacle Course Coaching, ABN 22686283953 (“we”, “our”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website (collectively, the “Agreement”).

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Please read this Agreement carefully before accessing or using the website or services. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. In addition, certain areas of the website or services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with this Agreement, the additional terms will prevail.

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1. Use of website. This Agreement governs your right to use the website and your access to and use of Obstacle Course Coaching, the website forum and/or any products or services acquired in relation to Obstacle Course Coaching and/or the website and/or any links provided on the website to other websites. You agree to pay for our services in the manner specified on the website.

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2. Medical liability disclaimer. The website offers health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnoses or treatment. If you have any concerns or questions about your health or the content on the website, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the website or through the services. The use of any information provided on the website or through the services is solely at your own risk. Nothing stated or posted on the website or available through any service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this Agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the website and no assurance can be given that the information contained in the website will always include the most recent findings or developments with respect to the particular material. Your access or use of the website does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the website. If you rely on any of the information provided by this website, our employees, or guests or visitors to the website, you do so solely at your own risk.

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3. User obligations. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the website. You also acknowledge and agree that your use of the Internet and access to the website is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Obstacle Course Coaching is not responsible for the security of any information transmitted to or from the website. Obstacle Course Coaching reserves the right to prohibit or terminate use of or access to the website at any time, without notice, for any reason whatsoever.

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4. License grant. This Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the website conditioned on your continued compliance with this Agreement. You may print and download materials and information from the website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

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5. Age. In order to use any products or services on the website you need to be at least 18 years old, in order to be able to make a valid and legally binding contract. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with this Agreement and to make use of any products or services or make a binding agreement with Obstacle Course Coaching in any other way.

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6. Prohibited activities. The website is not intended for children under the age of 18 and children under 18 should not use the website. You acknowledge and agree that the website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Obstacle Course Coaching, its Licensors or our content providers. Unless otherwise specified in writing, the services are for your personal and non-commercial use. In connection with your use of the website and/or services, you acknowledge and agree that you will not:

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1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the website;

2. Access the website by any means other than through the standard industry-accepted or Obstacle Course Coaching-provided interfaces;

3. Post or transmit any material that contains a virus or corrupted data;

4. Delete any author attributions, legal notices or proprietary designations or labels;

5. Violate any applicable local, state, national or international law, rule or regulation or use the website for any purpose that is prohibited by this Agreement;

6. Manipulate or otherwise display the website by using framing or similar navigational technology;

7. Register, subscribe or unsubscribe any party for any Obstacle Course Coaching product or service if you are not expressly authorised by such party to do so;

8. Use the website in any manner that could damage, disable, overburden or impair Obstacle Course Coaching’s servers or networks, or interfere with any other user's use and enjoyment of the website or services;

9. Gain or attempt to gain unauthorised access to any of the website, services, accounts, computer systems or networks connected to Obstacle Course Coaching through hacking, password mining or any other means;

10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the website or the services or harvest or otherwise collect information about other users without their consent;

11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact Obstacle Course Coaching. In addition, you agree to comply with our Posting Guidelines below.

12. Without limiting the generality of the foregoing, copying or reproducing any services, programs, products, information or materials provided by Obstacle Course Coaching to any other server or location or location for further.

 

7. Message boards, chat rooms and posting guidelines. Obstacle Course Coaching hosts message boards, chats and other public forums on its Sites website. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the website. These are public forums and any information that you post on the website may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the website, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumours or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.

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In addition to the prohibited activities described above, when posting information and media on the website you must not:

1. Post anything that interferes with or disrupts the website or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the website;

2. Post statements or materials that are libellous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
   Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;

3. Post or upload personal information, pictures, videos or any other media of another person without their express permission;

4. Delete or revise any material posted by any other person or entity;
   Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;

5. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;

6. Post statements or materials that in any way harm minors;

7. Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Obstacle Course Coaching;

8. Post statements or materials that misrepresent your affiliation with any entity and/or Obstacle Course Coaching;

9. Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, tax file numbers, social security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;

10. Post statements or materials that constitute junk mail, spam or unauthorised advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;

11. Post material that in the sole judgement of Obstacle Course Coaching is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the website, or which may expose Obstacle Course Coaching or its users to harm or liability of any nature; or

12. Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Obstacle Course Coaching does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.

 

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Obstacle Course Coaching or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Obstacle Course Coaching and its Licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Obstacle Course Coaching, its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Obstacle Course Coaching, its Licensors or any of their subsidiaries or affiliates. Obstacle Course Coaching and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. We reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, Obstacle Course Coaching reserves the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of this Agreement. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the website, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Obstacle Course Coaching shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorisations to allow Obstacle Course Coaching's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

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8. Commercial transactions. Where you purchase a product or subscribe for access to the website, you will be asked by Obstacle Course Coaching or an authorised third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Obstacle Course Coaching with your credit card number and associated payment information, you agree that Obstacle Course Coaching and/or our third party service providers are authorised to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the website and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Obstacle Course Coaching of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.

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9. Payments and refunds. Acceptance and continued access for two (2) weeks to our website, unless otherwise stated, is subject to payment first being made by you. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. We expect that we will use Stripe payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees. Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST. All fees are non-cancellable and non-refundable except as expressly set out in this Agreement. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. All fees are non-refundable, unless the information service is not available for a period lasting more than 10 days. In this circumstance, a pro-rata refund may be granted upon written request, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter, YouTube etc).

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10. Third party content. Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the website by third parties, including information providers, are those of the respective authors or distributors and not Obstacle Course Training. Neither Obstacle Course Training, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Obstacle Course Coaching nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the website by anyone other than an authorised Obstacle Course Coaching or Licensor representative while acting in his/her official capacity. You may be exposed through the website to content that violates our policies, is sexually explicit or is otherwise offensive. You access the website at your own risk. We take no responsibility for your exposure to third party content on the website. Obstacle Course Coaching and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third-party sources. It should be understood that we do not advocate the use of any product or procedure described in the website, nor are we responsible for misuse of a product or procedure due to typographical error.

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11. Sweepstakes, contests and games. If Obstacle Course Coaching conducts a sweepstake, contest, or game on the website, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

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12. Accounts, passwords and security. Where you are required to open an account, you must complete the registration process by providing Obstacle Course Coaching with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Obstacle Course Coaching which is untrue, inaccurate, not current or incomplete, Obstacle Course Coaching reserves the right to terminate your access and use of the website. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify Obstacle Course Coaching immediately of any unauthorised use of your account or any other breach of security. Neither Obstacle Course Coaching nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Obstacle Course Coaching, its Licensors or another party due to someone else using your account or password.

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13. Disclaimer regarding links to third party websites. Any link on website will let you leave the website in order to access a linked third-party website (“third party websites"). Obstacle Course Coaching provides these links as a convenience, but we neither control nor endorse these third-party websites, nor has Obstacle Course Coaching reviewed or approved the content which appears on the third-party websites. Obstacle Course Coaching is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any third-party websites. You acknowledge and agree that Obstacle Course Coaching shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the third-party websites.

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14. Dealings with third parties. Your participation, correspondence or business dealings with any third party found on or through our website, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Obstacle Course Coaching shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

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15. Disclaimer of warranties. The website, and any content, tools, products or services displayed, accessed or obtained on or through the website are provided "as is", "as available", and without warranties of any kind, either express, implied or statutory, including, without limitation, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, Obstacle Training Course, its licensors and their affiliates, suppliers, and agents do not warrant and expressly disclaim that:

(i) your use of the website and/or services and access to and use of all of the tools and features thereon will be uninterrupted, error-free or secure; (ii) that any information obtained therein is accurate, reliable or complete; (iii) that defects will be corrected; or (iv) that any software, services, sites or server(s) on which the website or services are hosted are free of viruses or other harmful components.

Your use of the website and the services and any information or materials provided on or through the website is entirely at your own risk. We make no representations or warranties about the products or services sold or advertised herein or about the satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the website. We make no representations or warranties with respect to any treatment, action or application of medicine, medication or the information offered or provided within or through the website.

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16. Limitation of liability. Neither Obstacle Training Course nor its licensors, directors, officers, employees, contractors, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the website; (ii) any content contained on the website; (iii) statements or conduct posted or made publicly available on the website; (iv) any product or service purchased or obtained through the website; (v) any action taken in response to or as a result of any information available on the website; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the website; or (vii) any other matter relating to the website. In no event shall the total liability of Obstacle Training Course or its licensors to you for any and all damages, losses, and causes of action exceed the amount paid by you for using the website. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

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17. Indemnification. You agree to indemnify, defend and hold Obstacle Course Coaching and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the website.

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18. Jurisdictional issues. Obstacle Course Coaching makes no representation or warranty that the content and materials on the website are appropriate or available for use in locations outside Australia. Those who choose to access the website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Obstacle Course Coaching reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the website to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

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19. Termination. If you, or a user on whose behalf you register, breaches these terms and conditions, you acknowledge that Obstacle Course Coaching may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. If you wish to terminate this Agreement, you may simply discontinue using the website. You agree that any actions taken under this Section may be effective without prior notice to you.

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21. Waiver and severability. The failure of Obstacle Course Coaching to exercise or enforce any right or provision this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.

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20. Governing law. This Agreement and the relationship between you and Obstacle Course Coaching shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

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22. Successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Obstacle Course Coaching or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Agreement. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent.

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23. Updates. You are bound by the latest version of this Agreement. We may vary, amend or add to these terms at any time as we deem appropriate. If you disagree with the changes to this Agreement, you must discontinue your use of the website, and if you have registered as a member, cancel your registration. Your continued access or use of the website following such notice signifies your acceptance of the modified Agreement. It is your responsibility to review the Agreement regularly to be aware of such modifications. We reserve the right to modify or discontinue the website with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the website. If you object to any such changes, your sole recourse will be to cease access to the website. Continued access to the website following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the website as so modified and your use of new services will be governed by this Agreement.

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Date of Last Revision: 1st January, 2020

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