TERMS & CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

These Terms & Conditions cover important information about the KAAIAA Website, Program and the Subscription, and any applicable fees.

Your Subscription is governed by these Terms & Conditions.

Definitions

For the purposes of these terms and conditions the following definitions apply:

1. Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001;

2. App means the KAAIAA App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;

3. Facebook Community means the Facebook Community where registered members are able to communicate together be it on the Website or other third party platforms including but not limited to Facebook;

4. Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;

5. One gender includes any other gender;

6. Our, ourselves, us, we, refer to KAAIAA Pty Ltd ACN 649 112 62 trading as “KAAIAA” (“KAAIAA”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

7. Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;

8. Program means the KAAIAA program offered to you via the Website/App;

9. Subscription means the subscription with KAAIAA entitling you to use of the Website/App, the Program and/or the Facebook Community;

10. Terms and Conditions means these terms and conditions as amended from time to time;

11. Website means collectively the website KAAIAA.com, Facebook Community, Program, products and/or services offered or provided by KAAIAA including the KAAIAA App;

12. You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.

Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.

Licence

13. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website/App and the services offered on the Website/App (“Services”).

14. This Licence shall continue until terminated in accordance with this Agreement.

Website/App

15. These Terms and Conditions govern your right to use the Website/App and your access to and use of the Program, the Facebook Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.

16. In downloading any content from the Website/App to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website/App is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website/App, the Program and/or the Facebook Community.

17. You agree that if you download any content from the Website/App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Website/Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

18. You agree that in downloading any service or product from the Website/App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website/App and/or make it available over a network where it could be used by multiple devices at the same time.

19. You agree that your use of the Website/App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.

20. You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

21. You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to KAAIAA.

22. The content on the Website/App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

Your Agreement and Subscriptions

23. In accessing, registering or using the Website/App including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms and Conditions.

24. We offer one (1), three (3) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.

25. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

Eligibility

26. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Website/App or subscribing for access to the Program or any of the Website/App services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

27. Without limitation, the Website/App is available only to individuals with whom only legally binding contracts can be formed under Australian law.

28. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Facebook Community members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website/App or to the contents and components of the Website/App or are in any way in breach of these Terms and Conditions.

Website/App Membership

29. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Facebook Community and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

30. Once you register on the Website/App, you will be given access to a "Clients only" email subscription and Facebook Community access.

31. Access to the information provided through KAAIAA subscription and the Facebook Community is for your sole use only.

32. Any password or right given to you to obtain access to the "Clients only" email subscription and the Facebook Community, and the contents or use of either the email subscription or Facebook Community, is not transferable to any third party.

33. We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription or Facebook Community if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

34. We reserve the right, at our sole discretion to terminate your access to the Facebook Community once you have cancelled your membership.

Third Parties

35. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.

36. The Website/App may also contain links to websites operated by third parties. Such links are provided for convenience only and KAAIAA has no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

Facebook Community

37. You acknowledge that Facebook Community provides for public communications.

38. To become a KAAIAA Facebook Community member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for Facebook.

39. You will use the KAAIAA Facebook Community only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the KAAIAA Facebook Community, either within the KAAIAA Facebook Community or otherwise, or the Website, the Program and/or the individuals representing the Website and/or their employees.

40. You will not use the KAAIAA Facebook Community:
(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
(b) to incite others to conduct the activities described in subparagraph 40(a)
(c) to interfere with the lawful and reasonable use of the KAAIAA Facebook Community by others; and
(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Facebook Community through your Subscription.
(e) You acknowledge that the moderators of the Facebook Community reserve the right to remove any messages in the Facebook Community that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.

Renewal & Termination

41. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.

(a) Website Cancellations
i. If the account was created on the KAAIAA website (www.KAAIAA.com), the subscription can be cancelled by going to the settings page on the Website, navigating to the subscription section and selecting ‘Cancel Subscription’.

(b) App Cancellations
i. If your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store.

42. You may cancel your Subscription by following the steps in clause 9.1. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.

43. We can terminate your Licence, Subscription and/or participation in the Facebook Community at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the Website/App. We are at liberty to take any other action necessary to enforce these Terms and Conditions.

Payments

44. In purchasing any product or Service from the Website/App ("the Purchase") you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").

45. All costs are in AU Dollars unless otherwise indicated.

46. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.

Risk and Limitation of Liability

47. You will receive access to the Program upon payment from you.

48. We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.

49. Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via hello@KAAIAA.com within 7 days of the date by which you purchased the Program for us to investigate your claim.

50. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

Warranty/Refund

51. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website/App, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website/App, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website/App.

52. You expressly acknowledge that your use of the Website/App and its products and/or services is at your sole risk.

53. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

Privacy Policy

54. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website/App.

Medical Disclaimer

55. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website/App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website/App, the Program and/or its products or services.

56. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website/App, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website/App, the Program or its products and services, is at your sole risk.

57. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.

58. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.

59. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

Limitation of Liability

60. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

61. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) 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:
(a) that is or may be harmful or disadvantageous to you or the community; or
(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

Our rights to modify services

62. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.

63. We will give you notice of any changes, for instance by:
(a) publishing them on our website or
(b) writing to the address (post or email) you last gave us.
(c) The most up-to-date terms and conditions always apply.

64. You agree that we may transfer, assign, license or deal with our interest in the Website, Facebook Community, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 63.

Jurisdiction

65. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

Indemnity

66. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website/App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

67. You are liable for all content posted by you in the Facebook Community.

68. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in the Facebook Community or in relation to the Website/App or that by your actions of conduct.

69. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

General

70. Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.

71. Waiver
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Information provided on Website

72. All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.