Please read these Terms of Service (Terms) before using this website or application (the site) and/or accessing any services through the site (Services).
These Terms set out the agreement between us on your use of the site and Services. By using the site or accessing the Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you should not use the site or access the Services.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of the site and Services, and are incorporated into this agreement:
Our Privacy Policy. See more under How we may use your personal information.
WE MAY MAKE CHANGES TO THESE TERMS
These Terms may be changed from time to time. Please check these Terms regularly to ensure you understand the terms that apply at that time.
YOUR HEALTH & FITNESS/ RISKS OF PRODUCT USE
You acknowledge that this site’s content is not a substitute for direct, personal, professional medical care and diagnosis. You should seek appropriate medical advice from a relevant professional medical or other advisor before using the Services, including following any diet plans or training programs, or making any material changes to your diet. We are not medical professionals and nothing on this site should be construed otherwise. As such we will not provide any medical, physical or mental health advice.
You acknowledge that the health and fitness sessions (Sessions) you will have access to through the site and via the programs on the site are physically strenuous and may involve the use of weights and equipment. You agree that you are a voluntary participant in such sessions with full knowledge and understanding of the strenuous and inherently risky nature of following such Sessions. You further confirm that you fully understand and accept that there is a risk to you of personal injury or illness arising from your you participation in a Sessions.
We are not qualified to express an opinion as to your fitness or ability to participate in any Sessions. You must ensure that you are fit and well enough to participate in any Sessions, and you will always be responsible for your own state of health, physical condition and wellbeing.
You must not undertake any activity set out in a program or make changes to your diet as a result of information provided on this site if you are suffering from any serious medical condition, have recently undergone surgery, are pregnant or are under the influence of alcohol or drugs. To the extent you have any lesser medical condition or are recovering from an injury you should consult a medical professional prior to using the Services.
GENERALLY EXPECTED RESULTS
Whilst we will exercise reasonable skill and care in providing the Services to you, we do not guarantee any particular results from the use of the Services. Although the products and Services are intended to be fully implemented, sometimes they are not, and this could result in a lack of progress/results for the user. If you use the products and Services from me correctly you should see positive results, however, even in such cases, it is still possible you will not get the results you may have expected and it is also possible you will not lose fat or gain muscle or achieve any positive results of any kind.
TESTIMONIAL DISCLAIMER
Any transformations and testimonials used on the site are real. However, we do not claim that these testimonials represent typical results with the meal plans and/or workout programs accessed through the site. They are meant as a showcase of what the most motivated and dedicated people can achieve by following the meal plans and workout programs. Your results may vary and you may not achieve the same results as someone else when using my services, due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you achieve will depend upon the individual and how much effort you put in.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
Subject to the limitations in the paragraph immediately above, you agree that:
your use of the Services (including your participation in any Sessions and the use by you of any equipment during a Session) is entirely at your own risk and you waive any and all claims whether in contract, tort or otherwise against us, our employees or owners, including any claims in respect of personal injury or death (otherwise than as a result of our negligence or that or our employees) or loss or damage to any of your property, suffered by you as a result of your use of the Services;
in particular and without limiting paragraph (a) above, we will not be liable for any indirect, unforeseeable, special (e.g. loss of earnings), punitive, exemplary or consequential losses or damages arising out of your use of the Services, or access to, or the use of this website or any information contained in it, including loss of profit and the like whether based on breach of contract, tort (including negligence), product liability or otherwise; and you will hold harmless us and our employees and owners with respect to any claims arising in connection with your use of the Services.
All software products downloaded from any section of this website or via a link pointed to by this site are downloaded, installed, and used totally and entirely at the users own risk.
Please note that we only provide the Services and the site for domestic and private use. You agree not to use the Services or the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
ACCESSING SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide us with certain details. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that if you fail to provide complete and accurate information your access to the Services may be terminated.
By using this site, you represent that you are at least the age of majority in the country in which you live. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services. Also, some countries may block access to streaming sites - please check the status of the blocked websites in your location before subscribing for any Services.
To access the Services, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential and not to disclose it to any other person. You must notify us promptly through the site if you know or suspect a breach of security or unauthorised use of your account.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
SUBSCRIPTION, CANCELLATIONS AND REFUNDS
Once you have subscribed to program, your subscription will automatically renew on a monthly basis until cancelled. By subscribing you are agreeing to pay me the recurring monthly subscription fee, which will automatically be charged to your payment card.
In using your payment card, you represent and warrant that you are the holder or an authorised user of the payment card.
You may cancel your subscription at any point by sending an email to support@manuxtrain.com. When you cancel your subscription, your cancellation will take effect the beginning of the next four-week site update period and so you will continue to have access to the site for the duration of the current period.
We offer a 14 day 100% money-back guarantee for Services offered through the site. If, within the first 14 days of your initial purchase, you are not happy or satisfied with any of your purchases through the site, you may request a full refund by contacting the Customer Support team at support@manuxtrain.com. You will be refunded and your subscription will be cancelled. However if you have purchased a program during a promotional period and have redeemed that promotion (e.g. supplements, clothing, headphones) you will not be eligible for a refund.
NO RECORDING
You agree that any type of recording, downloading or transmission (audio, video, still photography, streaming, social media posting etc.) of any materials accessed by you through the site is prohibited without our prior written consent.
WE MAY SUSPEND, WITHDRAW OF MAKE CHANGES TO THE SITE
Although we will do our best to ensure the accessibility of the site, we do not guarantee that the site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We may update and change the site from time to time to reflect changes to our products, services, our users’ needs and our business priorities.
HOW YOU MAY USE MATERIAL ON THE SITE
We are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON OUR SITE
The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site. Particularly, you should seek medical advice before undertaking new forms of physical activity or changes to your diet.
Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
RULES ABOUT LINKING TO OUR SITE
You may only link to this site with our written permission and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact support@manuxtrain.com.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. Taking any such action may be a criminal offence and if you take such action, your right to use the site will cease immediately.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. Information about our use of cookies can also be found in our Cookie Policy.
GOOGLE ADWORDS
The site uses the Google AdWords re-marketing service to advertise on third party websites (including Google) to previous visitors to the site. This means that we advertise to previous visitors to the site who haven’t completed a task, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on a person’s past visits to the site. Any data collected will be used in accordance with our privacy policy and that of Google. You can set preferences for how Google advertises to you using the Google Ad Preferences page and if you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plug-in.
OTHER TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later.
We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about the Services please mail support@manuxtrain.com.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and we both agree that the courts of New South Wales, Australia will have exclusive jurisdiction.
