T&C'S — The Flex Haus

Terms & Conditions

Effective date: 5 April 2023

1 - About The Flex Haus

1.1 - These terms apply to The Flex Haus website at https://www.theflexhaus.com/ (Website), the mobile or digital application (App) and any associated fitness services and products provided through them (Products), which are owned by The Flex Haus ABN 66 867 986 440 (‘The Flex Haus’, ‘we’, ‘our’, or ‘us’).

1.2 - The Flex Haus offers a variety of Products which are promoted via the Website and App.

1.3 - The Flex Haus offers personalised online coaching for strength and flexibility training. The Flex Haus does not provide physiotherapy, injury diagnosis, rehabilitation programming, or treatment advice. Any discussion of pain, symptoms or limitations must be referred to a qualified medical professional.

1.4 - Products purchased through The Flex Haus website are subject to these Terms and Conditions.

1.5 - The Flex Haus programs are based on a self-guided or in-person assessment and individual to each person and their circumstances and will where possible take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.

1.6 - Before starting any exercise program including those supplied by The Flex Haus, you should make sure that you are physically able to participate in any program part of a fitness product and you must seek advice from your medical practitioner and be cleared for exercise before starting a program.

1.7 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program. You must advise The Flex Haus of any conditions or if you’re pregnant before commencing your program.

1.8 - The Flex Haus does not guarantee any particular outcome as a result of your participation in or use of any of our products. Results depend on the client’s consistency, adherence, and individual response. The Flex Haus is not responsible for a client’s failure to follow the program.

2 - Validity and Duration of programs

2.1 - After purchasing The Flex Haus 12 week personalised online coaching program, purchaser will be provided with a personalised program and ongoing coaching throughout the 12 weeks. Failure to submit weekly training videos may result in reduced feedback or reduced coaching support; this does not entitle the purchaser to any refund, extension, or additional coaching. The program commences on the day of handover of the program. At the conclusion of the 12 weeks, the purchaser can choose to stop or continue on a monthly subscription basis.

2.2 – After purchasing a single program for a one-off payment, the purchaser will be granted access to this program and have access for life.

2.3 - After purchasing a The Flex Haus challenge, the purchaser will be granted access to that challenge on the website and app for the duration of that challenge period. For example, if you purchase a 10-week challenge, you will be able to access the challenge for 10 weeks only, unless extended by The Flex Haus team for a limited period of time for all challenge users.

2.4 – Monthly memberships will renew automatically until the purchaser cancels their membership; once the cancellation has been completed, the purchaser will maintain access to the program until the end of the paid period, after which access will be revoked. For example, the membership typically renews on the 10th of each month and the cancellation is received on the 25th of the month, the purchaser will have access until the 9th of the next month before access is removed.

2.5 - At no time will the access be paused or extended, other than in the circumstances outlined in paragraph 5.

2.6 – Due to the personalised nature of the program, no refunds can be made after purchase. It is up to the purchaser to clarify any questions before committing to the program.

3 - Terms of Use

3.1 - By registering an account with us, accessing our Products or using or accessing the app and website you will be acknowledging and agreeing that you:

(a) have read and understood these terms and conditions and agree to be bound by them;

(b) consent to the use of your personal information for the purposes set out in these terms and use of the app generally; and

3.2 – The Flex Haus may amend its terms and conditions from time to time and will post its amended terms on the website and app. The date of posting the amended terms on the website and the app will be the date the new terms come into effect and apply to you. Your continued use of the website and the app, Products and purchase of any other goods and services from The Flex Haus after posting of the amended terms will indicate your acceptance of the amended terms.

4 - Registration on a program and licence

4.1 - Customers must be at least 18 years old in order to register an account, use or access a Product. Customers under 18 need a signature from their legal guardian to proceed with the coaching service.

4.2 - Purchase of a Product or service is for you as a single user only. You may not authorise third parties to use any Product, or other digital product or service supplied by us to you via your account. Access to the account and login details are not to be shared.

4.3 - Upon purchase of an e-book, training guides, courses or programs, you are entitled to download and print one copy of the item for personal use only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.

4.4 - On registration for a program, The Flex Haus grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.

4.5 - The Flex Haus may update, modify, or migrate the delivery platform, technology, or user interface of any program at any time. This may include changes to the website, app, hosting provider, or communication channels. Such changes do not entitle Customers to a refund, credit, or extension of access.

5 - Payments and refunds

Website

5.1 - Customers must pay for all memberships, Products and other goods or services ordered through the website at the time of purchase using the credit card payment facility on the website.

App

5.2 - Unless otherwise specified, you must pay for all memberships or Products at the time of purchase using the payment facility or any other third party payment gateway that is offered via the App (in app purchase) or through an external app store such as the Apple app store (external app purchase). In app purchases are processed securely via our third party payment gateway providers. You must refer to their terms for additional information.

5.3 - External app purchases are purchased from and billed by the respective app store, not by us. You agree that:

(a) an external app purchase is subject to the terms, conditions and other licensing arrangements specified by that app store provider;

(b) external app purchases are processed securely via the payment gateway used by the relevant app store provider; and

(c) you must take up with the app store provider directly any payment-related issues you experience with an external app purchase or return requests.

(d) The price of external app purchase may vary based on your country of residence (as determined by the device location used to access the application) and you will be charged for the amount of the purchase in the exchange rate calculated by the external app provider at the time of purchase - this includes any applicable charges, transaction fees and taxes billed by the respective app store. You are responsible for paying such fees.

We do not accept any liability or responsibility for inconvenience or loss suffered by you in connection with your use of or a purchase via an external app or third party platform or intermediary.

5.4 - After purchasing a personalised online coaching package, you will be granted access to that program through WhatsApp, the website or an app. Access commences on the date The Flex Haus provides the program and ends after 12 weeks or when you choose to cancel the subscription (Access Period). We offer access periods of varying durations so you may choose the access period that is best suited to your needs. When purchasing a specific program, you will gain lifetime access on the day of purchase (unless otherwise specified). Lifetime access means access for as long as The Flex Haus continues to host and support the program, at our sole discretion.

5.5 – All cancellations must be submitted in writing to hello@theflexhaus.com. Verbal, text message, WhatsApp, social media or informal notifications will not be accepted as valid cancellation requests. The Flex Haus will confirm cancellation in writing, and cancellations take effect only once this confirmation has been issued.

5.6 – Due to the personalised nature of the online coaching packages, no refunds will be given during the initial 12-week commitment. This does not affect your rights under Australian Consumer Law.

5.7 - In the event that you are diagnosed with a medical condition (including pregnancy) and can no longer participate in the online coaching program after the initial 12 weeks, you must submit evidence of that condition to us at hello@theflexhaus.com. We will provide you with either (at our election) an extension to your program access dates, or a refund or a credit for the portion you are unable to complete. We reserve our rights to refuse any changes, refunds or credits unless you have submitted evidence of your condition to us as soon as you find out that you are unable to continue the membership. Any conditions existing prior to purchase (including pregnancy) need to be declared before signing up and do not qualify for refunds, extensions, or credits.

5.8 - Changes to the technology, platform or method of content delivery do not constitute a basis for refunds under any circumstances.

5.9 - No other refunds are available in respect of products, one-off program purchases including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.

6 - Privacy

6.1 – The Flex Haus is committed to protecting your privacy.

6.2 - When you register an account or purchase a coaching package or Product, we will have access to personal information about you, such as your contact details. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

6.3 - Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and App and participation in and use of our memberships and Products.

6.4 – The Flex Haus conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing The Flex Haus goods and services and conducting its business and other purposes stated in its Privacy Policy (Purposes).

6.5 - If we are required by law, or if necessary for debt collection reasons or other purposes, or where you consent, your personal information may be disclosed to a third party.

6.6 - Customers consent to the disclosure of their personal information for the purposes including to overseas recipients.

6.7 - Overseas recipients may include entities providing services to us (including computer servers), such as cloud storage or data hosting worldwide.

6.8 - We may use SMS and/or email to communicate with you. From time to time, we may send you information about The Flex Haus by post, email, telephone call or SMS.

6.9 - We may need to contact you to:

(a) administer accounts and process payments;

(b) communicate with you regarding any issues affecting your registration on a coaching package or use of the app or other program or product;

(d) provide reminders of key dates;

(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and

(f) conduct market research or surveys to improve the services provided by The Flex Haus.

6.10 - All communications comply with the Spam Act 2003 (Cth), and you may opt out at any time. If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use of the app or participation in a product.

6.11 – The Flex Haus may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

7 - The Flex Haus Rules including for use of social media

7.1 - Customers must:

(a) ensure that their login details for the website and the app (including usernames and passwords) are kept confidential and not disclosed to any other party;

(b) notify The Flex Haus immediately if you suspect or know that your account has been accessed without your authority;

(d) not use the app, a program, product or the website for any illegal purpose;

(e) not undertake any activity which uses, exploits or affects the brand or The Flex Haus intellectual property except for the purposes of your personal participation in a program or personal use of products purchased through the website or app;

(f) not interfere with the enjoyment of another Customer;

(g) not perform any fraudulent activity in connection with the app, a program, product or the website;

(h) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology

7.2 - Some programs offer participation in private Facebook forums. Customers agree that at all times when participating in such forums or when posting about The Flex Haus on any social media platform they will:

(a) treat other Customers and The Flex Haus (and its staff and contractors) with dignity, support and respect;

(b) not display or engage in activity that facilitates illegal activity;

(d) not promote violence; and

(e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.

7.3 – The Flex Haus reserves the right, in its absolute discretion, to remove any social media content and any information posted on any app or website or social media forum which The Flex Haus considers breaches the rules set out in this agreement.

7.4 - Customers are responsible for obtaining and maintaining the data network access to use the app, website and programs and products. Customers are also responsible for updating their devices to enable use of the website and app, and any updates to the app or the website.

7.5 - Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking physical activity or the use of a product.

8 - Suspension or termination of your Account or use of the App and Website

8.1 – The Flex Haus may suspend or terminate your account or registration on a program or challenge at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.

8.2 - The Flex Haus will suspend or terminate the account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by The Flex Haus or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.

8.3 - The Flex Haus may amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.

8.4 - Customers may stop using a fitness product, the app and the website at any time.

9- Complaints

9.1 - Customers may make a complaint by email to hello@theflexhaus.com.

9.2 - Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.

9.3 - The Flex Haus will investigate the complaint and endeavour to respond within 14 Business Days.

10 - Risk Warnings and Disclaimers

10.1 - You acknowledge and agree that there are patent and obvious risks in undertaking flexibility training and exercise routines & programs, and that whilst taking part in, accessing or using any memberships, program and products, including participating in any seminar or personal or group fitness activity you may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:

(a) known or unknown health problems or previous injuries;

(b) pregnancy;

(d) tripping or slipping – including over fitness equipment both at home and in a gym; and

(e) attempting an activity which is beyond your exercise capability.

10.2 - We are not a medical organisation and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise guides we offer should not be taken as medical advice, and are for information purposes only.

10.3 - You understand that any exercise guides offered, conducted or promoted by The Flex Haus are not individually tailored to your personal circumstances (except for the personalised online coaching package) and you must seek advice from your medical practitioner before following any particular advice, plan or participating in any of our exercise offerings.

10.4 – The Flex Haus does not guarantee that the website and app will function on any particular device and Customers acknowledge and agree that the website and app may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.

11 - Our liability to Customers

11.1 - Consumer Guarantees: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:

(a) are rendered with due care and skill;

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and

11.2 - Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those consumer guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee. In the previous sentence, “injury” means:

(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(b) the contraction, aggravation or acceleration of a disease; or

(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

11.3 - Reckless conduct: The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

11.4 - Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.

11.5 - Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for

(a) negligence;

(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

11.6 – The Flex Haus will not be liable for any loss or injury attributable to:

(a) your fault;

(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program);

(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the website, any app or your downloading any material such as e-books or other material on the website, or any website linked to it;

(d) the conduct or actions of Customers online or offline or their use of the website or app;

(e) the suitability of a fitness product purchased by you;

(f) unauthorised access or use of your account by third parties;

(g) any website links contained on the website or an app to external organisations or advertisements or the use of such an external organisation’s website or app; or

(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.

11.7 - We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.

12 - Warranties (by Customers)

12.1 - You represent and warrant to The Flex Haus that:

(a) you are 18 years old or over;

(b) you have sought and obtained advice from your medical practitioner before commencing any program or following any training guide supplied by us;

(c) all information and documentation provided to The Flex Haus from time to time is true and accurate and not misleading in any respect;

(d) you will exercise in a place which is safe and suitable for the program; and

(e) you will abide by these terms and conditions at all times.

(f) you will be responsible for the management of any conditions or injuries requiring modification of the exercises.'

13 - Limitation/exclusion of liability

13.1 - Customers acknowledge and agree that The Flex Haus excludes all liability to Customers to the maximum extent permitted by law including the ACL contained in the CCA.

13.2 - All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:

(a) negligence or fault of Customers;

(b) the acts or omissions of a third party unconnected with the provision of goods or services by The Flex Haus;

(d) delays in the functionality of, or inability to access the website or an app (and to this end The Flex Haus does not guarantee or warrant that the website or the app will be uninterrupted or error fee); and

(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.

13.3 - Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.

13.4 – The Flex Haus will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer content, personal injury, death or property damage in connection with or referable to a Customer’s use of the website or app or other goods or services provided in connection with or referable to the website and any of our products.

14 - Indemnity

14.1 - Customers agree to indemnify and hold The Flex Haus and its officers, directors, employees and agents harmless from any and all claims arising out of or in connection with:

(a) a Customer’s use of the app, Products or participation in programs or challenges;

(b) use of Products purchased through the website or app;

(d) our use of your Customer content;

(e) a Customer’s breach of duty of care, or negligence towards another Customer; or

(f) a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.

15 - Notice

15.1 - We may give notice to you by email to your email address in your account or by written communication to your address as set out in your account, Customers may give notice to us by email to hello@theflexhaus.com.

16 - Assignment

16.1 – The Flex Haus may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.

16.2 - The Flex Haus may transfer ownership of the fitness Products, app, and the website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of The Flex Haus or its business and assets. Any transfer of personal information will be conducted in accordance with the Privacy Act 1988 (Cth), and the recipient must agree to privacy protections substantially similar to those set out in our Privacy Policy.

17 - Severance

17.1 - If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

18 - Entire Agreement

18.1 - These terms constitute the entire agreement between The Flex Haus and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.

19 - Intellectual Property and Ownership

19.1 - The app, the The Flex Haus logo and trademarks, the brand and the content of website, fitness products, training guides and e-books and any materials we provide to you in connection with the app or a program (The Flex Haus Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.

19.2 - You undertake not to copy, publish or reproduce in whole or in part, the The Flex Haus Intellectual Property except as is expressly permitted by these terms and conditions.

20 - Governing laws

20.1 - These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

20.2 - All parties hereby submit to the jurisdiction of the Courts of New South Wales, Australia.

21 - Your acknowledgements and consents

21.1 - By registering an account you acknowledge and agree that:

(a) you have read and understood these terms and conditions and agree to be bound by them;

(b) you are responsible for all costs incurred by you with respect to your usage of the fitness Products, e-books, and app’s on a mobile device including data usage fees and other telecommunications fees;

(c) you give permission for The Flex Haus to disclose your personal information in accordance with these terms and conditions and our Privacy Policy; and

(d) you consent to receiving any communications from us as outlined in paragraph 8 above, however you may opt out at any time.

22 - Waiver

I acknowledge that I have read the above terms and conditions and have had the opportunity to question the contents prior to agreeing.

I acknowledge that if I use the Products & services or access The Flex Haus App or website or materials without formally agreeing to the contents of these Terms and Conditions, I will be deemed to have accepted and agreed to the terms of use contained in this form by continuing to use those services having been provided with these terms of use prior.

I acknowledge and accept the risks inherent in the use of the Services, Products and the participation in exercise and fitness programs such as those offered by The Flex Haus. I voluntarily assume all risks which may arise from the use of these Services and Products, including the risk of injury, accident or death. I (and my heirs, executors, representatives or assigns) release The Flex Haus and its agents and representatives from all claims or liabilities arising from, or in connection with, the use of the Products, or acting in accordance with guidance provided by an employee, independent contractor or representative of The Flex Haus, including but not limited to claims or liabilities for personal injury, property damages or other any other damage or loss. I agree that this waiver remains in effect perpetually and will not expire To the extent permitted by law.

23 - Definitions

23.1 - In these terms and conditions the following words have the following meanings:

Account means a Customer’s account registered with us through the website or app;

The Flex Haus Intellectual Property has the meaning given to it in clause 19.1 above;

Brand means the distinctive appearance, image, goodwill and reputation that attaches to our website, app and all other materials supplied through the website and app, any The Flex Haus trademarks and the application of the trademarks and the The Flex Haus Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, the app and fitness products we provide (through the website and app);

Business Days means any day (excluding Saturdays, Sundays and public holidays) on which banks are open for business in New South Wales, Australia;

CCA means the Competition and Consumer Act 2010 and includes the Australian Consumer Law (ACL).

Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;

Customer means any person who registers an account with us;

Customer Content means any words, images, links or other content posted by a Customer on the website, any app, Facebook or any other social media forums;

Products means all The Flex Haus associated fitness and training services and products (including all challenges, programs, workshops, seminars, apparel, equipment and gift vouchers); and

Privacy Policy means the The Flex Haus privacy policy displayed on the website and app from time to time which is available here.

24. Contact Us

If you have any questions, concerns or complaints about these Terms & Conditions, please contact us:

By email: hello@theflexhaus.com
By visiting this page on our website: https://www.theflexhaus.com/contact-us