Terms
1. Lower Back Solutions website terms and conditions of registration
The Lower Back Solutions website at https://www.lowerbacksolutions.com as operated
by Fleur Castlereagh (ABN 15 995 993 006) of l/38 President Ave Caringbah NSW
2229, TEL: (02) 9525 7979 (lower back solutions, we, us, our).
By clicking “I accept”, you agree to be personally bound by these terms and
conditions, whether for yourself or on behalf of a minor (as determined by the
jurisdiction in which you reside). By clicking “I accept”, you
represent and warrant that you are at least 18 years old (or the age of
majority in your jurisdiction, if it is not 18), and if you are registering on
behalf of a minor, that you are their legal guardian.
These terms apply to the use of the Website, including the use of the information services
provided through the Website. You may also be required to accept additional
end-user licence terms to use related mobile applications.
Upon registration as a member, you will be provided with a password and account. You
must not disclose them to anyone else or allow anyone else to use your account
and password. You are entirely responsible for any access to your account, and
acknowledge that any access to or use of your account by means of the password
associated with that account is deemed to be access or use by you. This
includes any purchases made through your account. You agree to pay for our
services in the manner specified on the Website.
Lower Back Solutions offers various membership programs with different durations, fees and
conditions, For example:
· Purchase of a single program with a one-off
payment.
· Registration as a full member and pay monthly. Your membership will be deducted
automatically you notify us by email of your wish to cancel. We will notify you by
return email when your cancellation has been processed. Upon cancellation, all
downloadable content associated with your membership will cease to be accessible.
You must notify us 14 days before the
next payment is due.
If you, or a user on whose behalf you register (including a minor), breaches these terms and
conditions, you acknowledge that we may immediately suspend or terminate your
account, without refund, and take appropriate legal action (if we choose)
against you alone. Further you acknowledge that Lower Back Solutions is
entitled to suspend or terminate your use of the Website or membership at any
time if Lower Back Solutions reasonably considers that you have brought, or may
bring, the reputation of Lower Back Solutions.
If you are registering on behalf of a minor, it is your responsibility to inform them of
their obligations as a user of this Website and ensure their and your
compliance with these terms.
2. Payment and refunds
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to
you as part of the ordering procedure. Acceptance and continued access to our
service is always subject to payment first being made by you. For the removal
of doubt, by placing an order, you make an offer to purchase the relevant
subscription that is the subject of your order.
We expect that we will use a PayPal payment gateway or a similar service for most
financial transactions. Subscriptions purchased through a mobile application
will be facilitated through the relevant app marketplace payment platform. You
agree that we will not be held liable for any loss you incur arising from your
use of any payment method unless caused by our fraud or the fraud of our
employees. If your subscription payment is not made as scheduled for any
reason, then Lower Back Solutions can continue to try to effect payment through
the payment method you have nominated at any time, and Lower Back Solutions
will not be responsible for any dishonour fees or other actions of your payment
provider. We reserve the right to suspend or terminate your subscription to our
service if you are not up to date with your subscription.
Our subscription fee and other charges are in AUD and are GST inclusive. The receipt
of payment that we issue to you will be a tax invoice in accordance with
applicable legislative requirements relating to GST. In the case of
subscriptions purchased through a mobile application, an invoice may be issued
by the relevant app marketplace provider, such as Apple.
When purchasing from Fleur Castlereagh (Lower Back Solutions), your financial
details are passed through a secure server using the latest 256-bit SSL (secure
sockets layer) encryption technology. If you have any questions regarding our
security policy, please contact
To the extent permitted by law, including subject to any rights you may have under the
Australian Consumer Law:
1. all fees are non-refundable unless:
1. during the period in which you have paid for access to our information service through
this Website, the information service is not available. In this circumstance, a
pro rata refund may be granted upon written request by email at
info@lowerbacksolutions.com, however you acknowledge that we may refuse
a request where we are able to provide the information service to you through
alternative means (such as email)
2. you have an early termination right in accordance with your subscription and cancel within
7 days of your purchase
3. Conditions of use of site
Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime,
you consult with your health care professional to ensure that you are mindful
of your current health and any restrictions that are appropriate for you. You
should immediately seek medical attention if there are any unanticipated
changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice
and the Website is not intended to be used to diagnose, treat, cure or prevent
any medical condition (including any mental health conditions) or for any
therapeutic purposes. Before relying on the information on the Website, you
should carefully evaluate the accuracy and relevance of the information for
their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning
your medical condition or injury.
Our Service
Our service shall be delivered as described from time to time on our website.
Information Provided on Website
All information provided by us on the Website 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 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.
Recommendations on the Website
The recommendations provided are for your general information purposes only, and
are not medical or professional opinion or advice. You must not rely on these
recommendations solely, and should seek professional advice from healthcare
professionals. To the extent permitted by law, we are not liable or responsible
for any recommendations generated by use of the Website.
Fitness Level
You require a low level of fitness to follow the exercise programs and the like set out in
our information service. Persons with pre-existing medical conditions, in poor
health, or with any concerns as to commencement of a new fitness regime should
consult with an appropriate healthcare professional before beginning any of
these programs. You are responsible to make your own inquiries and seek
independent advice from a healthcare professional before acting on any
information or material made available to you through our 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 health
care professional. In particular, if you fall within one of the following
classes of persons, then you should first consult a healthcare professional
before following any exercise programs or using any of the information on the
Website:
· pregnant women and women who are breastfeeding or
who are trying to conceive a child;
· persons with any on going physical condition such
as:
o persons suffering from cancer or other long term illness;
o persons with liver disease, kidney disease, or renal failure,
o persons with eating disorders;
o persons with diabetes, blood pressure or cholesterol issues;
· elderly persons;
· persons recovering from or recently recovered from illness or injury; and
· persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the
service that we provide on the Website is an information service only, and that
you are solely responsible for (at your own discretion) following (or not
following) any exercise program or regime that we provide as part of the
information service. Our service does not include any supervision or monitoring
of your activity, and we are not responsible for any injuries that you may
suffer as a result of following the exercise program or regime.
Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and
its content are delivered on an “as-is” and “as-available”
basis. We cannot ensure that files you download from the Site will be free of
viruses or contamination or destructive features. Receipt of emails from us
cannot be guaranteed. The delivery of video messages is dependent upon third
party providers and therefore outside of our control. Low internet connection
speeds and/or older operating systems and/or browsers may result in slower page
load times and an inability to view videos on the website.
You may be entitled to a refund in limited circumstances. See the clause (payment and
refunds) below for further details.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through
negligence), which you may directly or indirectly suffer in connection with or
arising from the products or services including acts, omissions and conduct of
any third party users of the Website, other members, other contributors to the
Website, and advertisers or sponsors. We are not responsible for the products,
services, advice, information, actions or failure to act of any third parties
referenced on the Website (including User Content of other users of the Website
referred to below). Where the information made available over the Website
contains opinions or judgements of third parties (including advertisers), we do
not purport to endorse the contents of that opinion or advice, nor do we
guarantee the accuracy or completeness of that content, and we will not accept
liability for loss or damage arising from your reliance upon any information
obtained through this service. It remains your responsibility to evaluate the
accuracy, completeness and usefulness of any such information.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we
strive to protect such information, we do not warrant and cannot ensure the
security of any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps
to preserve the security of such information.
Consumer rights
Under the Australian Consumer Law we guarantee that the services we supply are provided
with due care and skill, are reasonably fit for any specified purpose, and are
provided within a reasonable time.
Our goods and services (including, but not limited to, the information services provided
through this Website) come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement (or resupply in the
case of services) or refund for a major failure and for compensation for any
other reasonably foreseeable loss or damage. You are also entitled to have the
goods repaired or replaced, or the services resupplied, if the goods or
services fail to be of acceptable quality and the failure does not amount to a
major failure.
Terms Implied by Law
All implied guarantees, warranties and conditions of any kind in connection with the
website and its contents or our services are expressly disclaimed. Some laws
imply terms and conditions into agreements such as these terms and conditions
that cannot be excluded. If we breach a non-excludable term or condition, we
will be liable for that breach. However, if we are allowed to limit our
liability for that breach under the relevant law, our liability will be limited
to
1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those
goods or paying the cost of replacing or repairing them or acquiring equivalent
goods; or
2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those
services
Limitation of liability
Indirect and Consequential Loss
To the extent permitted by law, and without limiting any non-excludable consumer rights you
may have, in no event will we (or our employees, agents and subcontractors) be
liable to you for indirect, special or incidental, punitive, exemplary or
consequential loss, costs, expenses and damages (or any loss of revenue, loss
of data, loss of profits or loss of opportunity whether the losses be direct or
indirect), suffered or incurred by you and arising out of or in connection with
your access to or use of the Website, any linked website, your reliance on any
information obtained through the Website or your use of any services on the
Website, regardless of whether liability is based on any breach of contract,
tort (including negligence) or warranty, arises under statute, or any other
basis of liability.
Total Liability
To the extent permitted by law, our total liability in respect of all claims in connection with
these terms and conditions (whether based in negligence or any other tort,
contract, statutory liability or otherwise) will be the total sum of all fees
paid or payable by you under these terms and conditions up until and including
the date the cause of action accrued.
The limitations of liability set out in these terms and conditions do not attempt
or purport to exclude liability arising under statute if, and to the extent,
such liability cannot be lawfully excluded.
4. Indemnity
You agree to indemnify us and our employees, agents and subcontractors, from and against any
third party claims and all losses, expenses, damages and costs (including
reasonable legal fees incurred on a solicitor/client basis) suffered or
incurred by us, which arises as a result of:
(a) your breach of these terms and conditions;
(b) your use of, or access to the Website; and
(c) any failure to comply with any law,
except that you are not required to indemnify us for any losses, expenses, damages and
costs (including reasonable legal fees incurred on a solicitor/client basis)
suffered or incurred to the extent that they were was caused or contributed to
by any negligent or wilful act or omission by us.
5. Intellectual property
Unless otherwise indicated and except for any functionalities provided by external
websites, copyright in this Website (including its content, materials, recipes,
exercise programs, text, graphics, logos, icons, sound recordings, video,
software and advertisements) is owned or licensed by us. Information procured
from a third party may be the subject of copyright owned by that third party.
All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective
owners. Nothing on the Website should be interpreted as granting any rights to
commercial use or to distribute any names, logos or trademarks, without the
express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to
access, view, listen to, use and print this Website and its content solely for
your personal, non-commercial purposes and only for those purposes. Otherwise,
to the extent allowed by law, no part of this Website may be reproduced,
reused, retransmitted, adapted, published, broadcast or distributed without our
prior written permission.
The following are examples of conduct that are not authorised by these terms:
1. sharing the content of this Website or your account with other persons;
2. publishing or posting any of the content (such as recipes or exercise programs) on any other
website, including on social media pages or websites;
3. using the logo or trade marks of this Website of Fleur Castlereagh or her likeness to
describe, market, endorse or promote any goods or services (including goods and
services such as Pilates and personal training services);
4. registering or maintaining any social media pages or websites that misrepresent or are
reasonably likely to misrepresent any affiliation with, or endorsement by, us
or Fleur Castlereagh and:
5. systematic downloading or “scraping” of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach
of these terms. Such monitoring may include:
1. the frequency and nature of any downloads; and
2. the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if
we reasonably suspect, based on the results of such monitoring, that you are in
breach of these terms.
6. Variation
You are bound by the latest version of the applicable Terms and Conditions. We may vary,
amend or add to these terms at any time. Where there are material changes to
these Terms and Conditions that could adversely affect you or Lower Back
Solutions members, we will seek to provide you additional notice to you by way
of the email address you have provided to us. Without limiting our right to
give notice by any other means, you will be deemed to have:
1. received notice of such changes when we place a notice on the Website setting out the
changes; and
2. agreed to the terms and conditions as varied the next time you access your account after we
publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify
us by emailing info@lowerbacksolutions.com and requesting a pro-rata refund. Where the
proposed changes have more than a minor detrimental effect on your circumstances
(in our reasonable opinion), we will refund a percentage of your subscription fee
calculated by reference to the amount of time remaining on your subscription.
7. Personal information collection notice
In registering for access or using this Website, you may be required to give us
certain personal information in which you have certain rights. Personal
information relating to you which we collect, use and disclose may include
sensitive information, your details related to how you pay for our services and
your age. If you do not provide all of the personal information that we
request, then you may not be able to complete the registration process, or we
may not be able to provide all or some our services to you.
In addition to any reasons that we may separately notify to you at the time of collection,
we collect, use and disclose your personal information for the reasons set out
in our Privacy Policy. We usually disclose personal information that we collect
on a confidential basis to our contractors and service providers (including
financial service providers) so that they can provide services to us (so that
we may provide services to you). Unless you ask us not to, we may also use your
personal information to send updated information and other promotional material
to you.
8. Severance & termination
Lower Back Solutions may in its sole and absolute discretion refuse registration, or
suspend or terminate membership at any time and for any reason, subject to a
valid pro-rata refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without
affecting the enforceability of the other terms.
9. Survival
The terms underneath the following headings survive the termination and expiry of this
agreement: “terms implied by law”, “indirect and consequential
loss”, “total liability”, “indemnity”, “intellectual property” and “user-generated content”.
10. Governing law
These terms are governed by the laws in force in New South Wales, Australia. You agree to
submit to the non-exclusive jurisdiction of the courts of that jurisdiction,
and courts hearing appeals from those courts.