NuStrength Terms & Conditions
In these Terms and Conditions, in addition to the terms defined elsewhere in these Terms
and Conditions, the following terms have the following meanings:
“Coaching Services” means the coaching, training or similar services offered by NuStrength,
which may include, but is not limited to, providing personalized workout, training, nutrition
and online accountability and motivation services or similar services. Coaching Services are
accessed and provided via the Platform Services.
“NuStrength” means NuStrength Training Pty Ltd ACN 603 696 635 and may also be referred
to in these Terms and Conditions as “we”, “us” or “our.”
“Platform Services” means the features and functionality offered under the ‘NuStrength’
brand, or any replacement or supplemental brand, from time to time, that, among other
things, provides an online platform for authorized users to receive Coaching Services. The
Platform Services include the Website and any application or other means through which
the Coaching Services are provided.
“Rules” means the rules relating to use of the Services which NuStrength may prescribe
from time to time.
“Services” means the Platform Services and the Coaching Services.
“Website” means NuStrength’s website available at NuStrength.com.au and all other
websites owned and operated by NuStrength that redirect to NuStrength.com.au and all
subdomains of NuStrength.com.au.
2 Scope of these Terms and Conditions; Modification of these Terms and Conditions:
(1) These Terms and Conditions apply to your access and use of the program.
(2) We reserve the right to change the Terms and Conditions at any time without notice,
and your continued use of the Coaching Services constitutes your consent to, and
acceptance of, such changes.
3 Provision of Coaching Services:
(1) Always consider and be mindful of your medical history, personal fitness level, and
physical limitations when using the Coaching Services. NUSTRENGTH DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE.
(2) You agree to seek the advice of your physician and other qualified health-care
professionals prior to participating in any program, workout, training, course, activity,
exercise, diet, or use of any program, workout, exercise or regimen suggested by
4 Platform Services:
(1) Coaching Services are accessed via the Platform Services. The Platform Services are
made available solely for your personal, non-commercial use.
(2) The Platform Services are designed and intended for adult usage. By using the
Platform Services, you are representing and warranting that you are over 18 years old.
(3) We reserve the right to do any of the following, at any time, at our sole discretion,
with or without notice:
(a) modify, suspend, or terminate operation of or your access to the Platform
Services, or any portion of the Platform Services; or
(b) interrupt the regular operation of the Platform Services, or any portion of the
Platform Services, as necessary to perform routine or non-routine maintenance, to
correct errors, or to make other changes to the Platform Services. You agree that we
will not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Platform Services or any part thereof.
5 Fees for Program and Payment:
(1) The coaching services can be purchased by paying the applicable fee for level of
program selected by you.
(2) Subject to applicable law, when you join:
(a) you are committing to the program for the entire period.
(b) except as expressly set out in these Terms and Conditions, payments are non-
refundable and there are no refunds or credits for partially used periods.
(3) We may change the price for the Program Services from time to time
(4) We will bill all fees for Program Services, to your Payment Method. You must be
authorized to use the Payment Method that you enter. Payments will be processed by our
third-party billing and payment processing providers.
(6) If a payment charge to your Payment Method is declined, you will no longer be able
to access and use the Program Services and you will also be responsible for any fees and
charges associated with such rejection.
6 Suspension and Termination:
(1) We, in our sole discretion and without liability to us, reserve the right to cancel,
terminate, restrict or suspend your access to the Program or to delete your registered
account and any information or user profile(s) related to such account if we believe that you
are or will be in violation of these Terms and Conditions and/or any applicable laws. Any
such cancellation, termination, restriction, suspension or deletion is in addition to, and not
in lieu of, any rights and remedies available to us under these Terms and Conditions or any
7 Limitation of Liability:
(1) To the fullest extent permissible pursuant to applicable law, Nustrength disclaims all
liability whether based in contract, tort (including negligence), strict liability or otherwise.
You agree that Nustrength is not liable for any loss or damage, including direct, indirect,
punitive, actual, consequential, incidental, special or exemplary damages, resulting from or
in connection with: (a) any use of, or inability to use, the services or any information or
materials in connection or association therewith; or (b) any other matter relating to the
services or any information or materials in connection or associated therewith, regardless of
the basis upon which liability is claimed and even if Nustrength has been advised of, or
could have foreseen, the possibility of such loss or damage.
(2) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND
CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
NUSTRENGTH’S TOTAL CUMULATIVE LIABILITY TO YOU FOR DIRECT OR ANY OTHER
DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICES ANY
INFORMATION OR MATERIALS IN CONNECTION OR ASSOCIATION THEREWITH OR
OTHERWISE UNDER THESE TERMS AND CONDITIONS EXCEED THE LESSER OF: (1) THE
SUBSCRIPTION FEE AMOUNTS PAID BY YOU IN THE THREE
(3) MONTH PERIOD PRECEDING
THE EVENT GIVING RISE TO ANY CLAIM OR DAMAGES, AND (2) ONE HUNDRED AUSTRALIAN
DOLLARS (AUS $100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS IN THIS CLAUSE MAY NOT APPLY TO YOU.
(3) You expressly acknowledge that we make the Services available to you in reliance
upon the limitations and exclusions of liability and the disclaimers set forth in these Terms
and Conditions, and that these form an essential basis of the bargain between you and us.
(1) You agree to indemnify, and hold harmless NuStrength its officers and employees,
including costs and legal fees, from any claim or demand made by any third party due to or
arising out of: (a) your use or misuse of the Services, (b) any breach of these Terms and
Conditions by you, or (c) your violation of any third-party rights or any applicable laws
9 Intellectual Property Rights:
(1) You acknowledge that the Services are owned by NuStrength, who retains all right,
title and interest therein, and is protected by copyright laws. You do not acquire any
intellectual property or other proprietary rights under these Terms and Conditions,
including without limitation any right, title or interest in and to patents, copyrights, trade-
marks, industrial designs, confidential information, or trade secrets, whether registered or
unregistered, relating to the Services. Your only rights to the Services and any part thereof
shall be those rights expressly licensed or granted to you under these Terms and Conditions.
Any rights not expressly granted under these Terms and Conditions are reserved.
(1) In order to offer you the Services, we collect personal information from you. Any
collection, use and/or disclosure of your information by us in connection with the Services is
collection, storage, use and disclosure of personal information in accordance with the
in 5(6). In the event of a conflict between these Terms and Conditions and the Privacy
Policy, these Terms and Conditions will govern. Notwithstanding the foregoing, NuStrength
reserves the right at all times to disclose any information as it deems necessary to satisfy
any applicable law, regulation, legal process or governmental request.
11 General Provisions:
(1) These Terms and Conditions, and the documents referred to in these Terms and
Conditions, constitutes the entire agreement between you and NuStrength and cancels and
supersedes any prior understandings and agreements between the parties. There are no
provisions, representations, undertakings, agreements, or collateral agreements between
you and Nustregth other than as set out in these Terms and Conditions.
(2) These Terms and Conditions is governed by the laws of Queensland, Australia.