Active.Live and ActiveHIIT Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least  years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
- Copyright notice
3.1 Copyright (c)2016 AvtiveHIIT Pty Ltd
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to [any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website,unless you have that person's express permission to do so.
- User login details
7.1 If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
- Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR [eproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy,shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with Common Law in the State of Territory in which the user resides.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of Australia.
- Statutory and regulatory disclosures
20.1 We are registered as an Australian Corporation which is governed under the Australian Corporations ACT as Administered by the Australian Securities and Investments Commission (ASIC). Our Australian Company Number is 615 407 835.
20.5 Our ABN for registration of Goods and Services Tax is number is 64 615 407 835.
- Our details
21.1 This website is owned and operated by ActiveHIIT Pty Ltd.
21.3 Our principal place of business is at 5 Okanagan Close, Wamberal, NSW 2066.
21.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
ActiveHIIT Pty Ltd is committed to providing you with the best possible customer service experience. ActiveHIIT Pty Ltd is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future ActiveHIIT Pty Ltd customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. ActiveHIIT Pty Ltd takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. ActiveHIIT Pty Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Active.Live Subscription Terms and Agreements
- About Digital Subscriptions
1.1. A digital subscription provides you with unlimited access to Active.Live and all of its associated services.
1.2. If any misuse of your login details is detected or suspected by AvtiveHIIT (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund.
1.3 If there are any breaches detected to the Active.Live and ActiveHIIT website terms and conditions your subscription may be terminated and you will not be eligible for a refund.
- Processing and Payment
2.1. ActiveHIIT will process your digital subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.
2.2. If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.
2.3. Digital subscriptions renew automatically unless you cancel according to our cancellation policy (see clause 11 below). Payment for digital subscriptions will be direct debited from your provided credit or debit account or from your nominated PayPal account.
2.4. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through the My Account Details section of the Active.Live website.
2.5. If your credit card expires or your payment method is otherwise invalid, your subscription may automatically be cancelled and unlimited access revoked.
2.6. Unless specified otherwise in the Cancellation policy, all charges are non-refundable.
2.7. If for some unforeseen reason your complete access to our services is unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a pro-rated amount for the period of the service outage. For avoidance of doubt if you are unable to access our services due to problems not related to ActiveHIIT then you are not eligible for a refund or credit of any nature.
2.8. A 0.9% fee will be added to your monthly or annual subscription cost if you pay by MasterCard, Visa, or American Express card.
3.1. When you purchase a digital subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
3.2. Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in United States Dollars (USD).
3.3. ActiveHIIT reserves the right to change the prices and fees at any time. We will provide you with 14 days’ notice if the regular rate of a digital subscription changes from what was stated at the time of your order.
3.4. Price changes will take effect from your next billing date after the notice period. If You do not wish to continue your Digital Subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle. See clause 8.
- Third party fees and charges
4.1. If you have purchased your digital subscription through a third party (not directly through Active.Live), these Digital Subscription Terms and Conditions of Sale may not apply to you. ActiveHIIT is not liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims.
4.2. When you use your digital subscription, you may incur other additional charges, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
5.1. ActiveHIIT may at times offer special promotions and offers. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Digital Subscription Terms and Conditions. In the event of any inconsistency between the terms and conditions of a special offer and these Digital Subscription Terms and Conditions, these Digital Subscription Terms and Conditions will apply.
5.2. You may be required to provide your payment details when you sign up for a promotion. If this is a direct debit offer, your subscription will be automatically renewed after your initial payment at the standard subscription rate unless you cancel.
5.3. From time to time Fairfax offers promotional items with its digital & bundle subscriptions. From time to time and at its discretion, ActiveHIIT will communicate with its subscribers about the availability of such items and how to redeem them.
5.4. From time to time ActiveHIIT offers promotional pricing that will apply for the the term agreed when accepting that promotional offer. Pricing will automatically resume at your standard subscription rate unless you cancel.
- Managing your Digital Subscription
6.1. You can manage your account and personal details online through www.active.live/myaccount
- Suspension Policy
Digital subscriptions cannot be suspended under any circumstances.
8.1. You can cancel your digital subscription at any time by going to www.active.live/myaccount and cancel your subscription using the cancellation prompts.
8.2. Digital subscriptions are non-refundable.
8.3. When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.
- ActiveHIIT right to change digital products
9.1. ActiveHIIT reserves the right to modify the content, inclusions, type and availability of any digital product at any time. In the event your subscription package changes, you will be given 14 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next billing cycle.
9.2. We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time subscribers will not be eligible for a refund.
9.3. If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
- Your Privacy
10.1. You agree that your name, address, email address, year of birth, postcode, gender and mobile/telephone number will be collected and stored by ActiveHIIT and used for the purpose of managing Your subscription, communicating with You about Your subscription and to notify You of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you.
11.1. You agree that any errors made in entering your contact information and order details are your responsibility and ActiveHIIT is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to sending the subscription to the address as notified by you.
11.2. To the extent permitted by law, ActiveHIIT is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, ActiveHIIT’s maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months.
- Your Obligations
12.1. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with a direct debit request.
12.2. It is your responsibility to report to ActiveHIIT if the subscription continues to be made and/or payments continue to be deducted, if you believe a cancellation should have been processed.
12.3. It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify ActiveHIIT if you believe you are being billed incorrectly.
12.4. ActvieHIIT will not refund past subscription payments if a subscriber has failed to contact ActiveHIIT directly to cancel, or to report unexpected payments or non-delivery using the email: firstname.lastname@example.org