Terms and Conditions

Last updated on 3 September 2019

These terms and conditions (Terms) govern your use of the Passida website located at https://passida.com (Website) and our supply of services through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Passida Pty Ltd ABN 42 600 041 889 (Passida, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase our health and fitness services through the Website (Services).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

Medical Emergencies

If you require immediate medical attention, contact your treating general practitioner or call your local emergency services. DO NOT USE THE WEBSITE IF you have or think you may have an emergency or critical condition or symptom.

DISCLAIMER

Passida provides information that is general in nature and is based on personal experience. Any information on our Website is not a substitute for medical advice.

Before making any changes to your diet or physical activity seek medical advice to evaluate any risks. Individual results may vary and cannot be guaranteed.

Seek medical advice before beginning physical activity or exercise if you:

Have been told by a medical practitioner that you have a heart condition or have ever suffered a stroke.
Have experienced unexplained pains or discomfort in your chest at rest or during physical activity or exercise.
Experience dizziness, feeling faint or loss of balance during physical activity or exercise.
Have had an asthma attack requiring immediate medical attention within the last 12 months.
Have diabetes (type 1 or 2) and have had trouble controlling your blood sugar (glucose) in the last 3 months.
Are suffering from or diagnosed with a condition that may be adversely affected by physical activity or exercise.
Are under active investigation or undergoing medical treatment.
Are frail or recovering from surgery.
Are taking medication.
Have any recent or current injuries of concern.
Have diagnosed muscle, bone, tendon, ligament or joint problems that you have been told could be made worse with physical activity or exercise.
Are unwell or have a fever.
Are over the age of 40.
Are under the age of 18.
Are pregnant or have given birth within the last 12 months.
Are unfit and have not exercised in recent months.

1. USE OF THE WEBSITE

1.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

1.2 WHO MAY USE THE SERVICES

In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.

If you are under 18 years of age you must have your parent’s or legal guardian’s permission to access and use the Website and any Services and a parent or legal guardian must agree to these Terms on behalf of anyone under the age of 18.

1.3 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Passida;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Passida, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv) instigating or participating in a denial-of-service attack against the Website.

1.4 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

1.5 INTELLECTUAL PROPERTY

(a) Passida retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Passida or as permitted by law.

1.6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility.

(b) We have no control over the content of the linked websites and we are not responsible for it.

1.7 SECURITY

Passida does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1.8 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

1.9 LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, Passida excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any services provided by Passida.

All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Passida’s liability for breach of that non-excludable condition, warranty or guarantee will, at Passida’s option, be limited to:

(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(b) (Indemnity) You agree to indemnify Passida and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of services provided by Passida.

(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Passida be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Passida (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

1.10 COLLECTION NOTICE AND PRIVACY

(a) We collect personal information about you in order to provide you with the Services and use the Website, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

2. FEES

Viewing and using most of the Website is free.

2.1 FEES

(a) We may offer a no cost plan which will allow you to access some features of our Services (Free Version). In order for you to access additional features (Paid Version), we may require the payment of fees (Fees). These Fees may be paid via the Website or otherwise depending on our current prices and billing process.

(b) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Passida, you must pay the GST subject to Passida providing a tax invoice.

(c) (Card surcharges) Passida reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions andprivacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

2.2 FAILURE TO PAY

If any Fees are not paid when they are due, we may revoke your access to the Website and require payment for you to continue accessing those Services.

2.3 CANCELLATION

We reserve the right to cancel your Services for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

3. REFUNDS

Except as otherwise set out on our Website and in our Money Back Guarantee, we generally don’t offer refunds for any of our Services or subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.

4. MONEY BACK GUARANTEE

If you sign up to our Services and you are not 100% satisfied we are happy to offer you a 30 day money back guarantee. Please contact us on our Website within 30 days of payment if you are unsatisfied.

5. DISCLAIMERS

(a) The purpose of carrying out the Services is to provide you with general information that is based on personal experience.

(b) Passida does not provide medical advice.

(c) Any recommendations or advice on the Website are Passida’s solutions or remedies of what actions you may take and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies.

6. GENERAL

(a) (Governing law) This agreement is governed by the law applying in New South Wales, Australia.

(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h) (Interpretation) In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);

(ii) (gender) words indicating a gender includes the corresponding words of any other gender;

(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii) (document) a reference to a document (including these Terms) is to that
document as varied, novated, ratified or replaced from time to time;

(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(x) (adverse interpretation) no provision of this agreement will be interpreted
adversely to a party because that party was responsible for the preparation of
this agreement or that provision.

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