Terms and Conditions

Welcome to https://www.tufmumsmindset.com.au (our Site).

This Site gives you an opportunity to browse and purchase products and services for mums interesting in fitness offered by Total Upgrade Fitness, TUF Mums Mindset (Emily Smith, we, us).

These Terms and Conditions (Terms)govern your use of this Site, as well as Total Upgrade Fitness’ products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Emily Smith at [email protected] if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Total Upgrade Fitness’ products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

  1. All Total Upgrade Fitness and TUF Mums Mindset products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.
  1. Total Upgrade Fitness provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
  1. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  1. You acknowledge and agree that Emily Smith, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

REGISTERING YOUR DETAILS

  1. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

 

  1. If you are a registered user or member to this Site, you acknowledge and agree that:
  1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
  2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
  3. You will immediately notify us if your Password is lost or becomes known to any other person;
  4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
  5. Any information you provide to us for posting or inclusion in our TUF Mums Mindset Community, at any time, becomes our property.
  1. To the extent that you provide personal information, Total Upgrade Fitness will treat such information strictly in accordance with its Privacy Policy.
  1. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
  1. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

COPYRIGHT AND TRADE MARK NOTICES

  1. All material on this Site, in our TUF Mums Mindset Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial or personal, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
  2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
  1. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of TUF Mums Mindset. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to TUF Mums Mindset, in any manner that is likely to cause confusion with customers, or in any manner that disparages TUF Mums Mindset.
  2. Nothing contained on this Site or in our TUF Mums Mindset Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
  3. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Total Upgrade Fitness will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO TERMINATE

  1. We reserve the right to terminate your use of the Site, TUF Mums Mindset Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
  1. Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our TUF Mums Mindset Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

FINANCIAL TERMS

  1. The cost, cancellation and refund, if any, details of our products and services are set out below:
Product or Service Recommended Retail Price Duration Cancellation Refund
6 Week Mums Fitness Mindset Program $197 6 weeks n/a End of course guarantee – will need to provide proof of completing tasks by way of sharing task packs. If tasks complete and customer not satisfied a full refund will be given

 

  1. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the TUF Mums Mindset team.
  1. Invoices for any TUF Mums Mindset program are automatically generated and can be requested at any time by emailing [email protected]
  2. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
  2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
  1. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
  1. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
  2. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
  3. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
  4. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
  5. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under Australian Consumer Laws.
  1. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, TUF Mums Mindset Community or Our Content.
  2. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages.

NO ASSIGNMENT

  1. You cannot transfer or assign your TUF Mums Mindset membership without TUF Mums Mindset prior written consent.
  1. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. Should a dispute arise between us, we strongly encourages you to contact TUF Mums Mindset at [email protected] to seek a resolution. Any reasonable requests will be considered and TUF Mums Mindset will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
  1. If you have questions or comments regarding this Site, or TUF Mums Mindset products or services, please email us at [email protected]

Company Details

Trading Name: Total Upgrade Fitness
ABN: 15436649843
Country: Australia
Telephone Number: 0437780640
Email: [email protected]