TERMS & CONDITIONS

This page (together with any documents referred to in it) tells you the terms and conditions for use of our website, together with the terms upon which we provide our services to our clients. Please read these terms and conditions carefully before purchasing any services from our site. You should understand that by purchasing any of our Services, you are deemed to have agreed to be bound by these terms and conditions. You acknowledge and agree that you have read and understood these terms and conditions.

By purchasing any services from or by using our website, you are stating that you accept these terms and conditions in full. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services from our site. If you do not agree to these terms, you should immediately refrain from any future use of our website and/or services.

1. Information About Us:

We operate the website https://kellyrennie.com & www.busymumfitness.com. The legal owner of the website is Busy Mum Fitness International Pty. Limited ABN 12 647 937 568, Kelly Rennie whose contact office 47/3 Robina Town Centre Drive, Gold Coast, 4226. Our Customer Services contact [email protected] 431595065 (Non Australian callers should prefix with the international dialling code).

2. Your Status:

When you purchase a service from us, you warrant that:

• you are legally capable of entering into binding contracts; and

• you are at least 18 years old;

• you are resident in one of the Serviced Countries; and

• you are accessing our site from that country.

3. How the Contract is Formed Between You & Us:

After placing an order for our services, you will receive an e-mail acknowledging the order. Please note that this does not mean that your order has been accepted and no sale and purchase has occurred at this stage. All orders are subject to acceptance and approval by us. Your order constitutes an offer to us to purchase and/or subscribe to our Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted. The contract between us (Contract) will only be formed when we send you such Confirmation.

The Contract will relate only to those services in the order we have confirmed. We will not be obliged to supply any other Service or services whether expected by You or not.

4. Intellectual Property:

The copyright, trademarks, designs, content of materials and training plans/programmes, and any other intellectual property rights (“Intellectual Property Rights”) within this Website or in the Services that are provided to you are owned by Kelly Rennie or Busy Mum Fitness International Pty. ABN 12 647 937 568, or occasionally by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Us with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and other legal regulations and statutes.

You acknowledge that we may claim damages against you for any violations, but that such damages may not be an adequate remedy for any infringement of our Intellectual Property Rights, and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of our Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights. With specific reference to our “14 Day Free Program” Virtual Gym, UBM Support Program & “12 Week Busy Mum” Programs, you hereby agree that you cannot and will not copy, reproduce (in either full or in part), adapt, share these e-books or any plans, videos or training plans to any third party, whether for profit or not.

5. Plans & Subscription Services:

The VIP Busy Mum Programs & UBM subscription plan to our Service consists of either an initial charge and then followed by recurring period charges as agreed to by you, or just recurring billing by Us until the programme’s purchase cost has been paid in full. By entering into this Agreement, you acknowledge that your subscription has either an initial or recurring payment feature and you accept responsibility for paying all recurring or due charges. We may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide notice that you wish to terminate the programme (or we cancel your membership in our programme/s). You are able to cancel your subscription at any time. In any event, any balance of your purchase price which may remain outstanding at the time of termination , is to be paid in full and you hereby agree to do so. Any correspondence relating to cancellations, terminations or account management, should be sent by email to [email protected].

The Virtual Gym subscription plan to our Service consists of either an monthly or 3 monthly roll over. By entering into this Agreement, you acknowledge that your subscription has either an monthly or 3 monthly roll over feature and you accept responsibility for paying all recurring or due charges. We may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide notice that you wish to terminate the programme (or we cancel your membership in our programme/s). You are able to cancel your subscription at any time. In any event, any balance of your purchase price which may remain outstanding at the time of termination , is to be paid in full and you hereby agree to do so. Any correspondence relating to cancellations, terminations or account management, should be sent by email to [email protected].

We use a third party payment service in lieu of directly processing your credit card information. The third party payment service currently accepts all major debit and credit cards. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which may change from time to time. We will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to any other similar service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology. We are not responsible for any delays in payments or charges made by your bank.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reason for our decision.

Busy Mum Fitness can change any paid-for Membership subscription price & currency detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to You at the time You submit Your application for Membership.

We may make offers for Free 7 Day Membership to new subscribers at any time. Where We offer You a Free Experience Membership of Busy Mum Fitness (“Free 7 Day Membership”), such Free 7 Day Membership will start immediately and will run for the seven days after Your application to register with Busy Mum Fitness has been accepted by Busy Mum Fitness and continue for the Free 7 Day Membership offer period as indicated on the Website. Free 7 Day Memberships are only available to new Membership subscribers of Busy Mum Fitness and for the Limited periods as set out on the Website. Previous Membership subscribers or those subscribers who have already benefited from a Free 7 Day Membership subscription to Busy Mum Fitness do not qualify for a further Free Experience Membership.If You do not want to continue Your subscription after Your 7 Day Free Membership comes to an end. You must contact Us at least 24 hours before Your Free 7 Day Membership period ends by submitting a cancellation request to Us via Our support email address, otherwise Your subscription will automatically continue and You will be charged the full Busy Mum Fitness monthly Membership Subscription rate. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.

If You wish to cancel Your Busy Mum Virtual Gym Membership subscription at any time after a Free 7 Day Membership or discounted periods as set out in these terms. You must give Us the following notice by submitting a cancellation request to Us via Our support email address to cancel Your subscription. For monthly Membership subscriptions, We require at least thirty (24) hours’ notice of cancellation. For annual Membership subscriptions, We require at least thirty (30) days notice of cancellation. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.

6. Payment Terms:

You are responsible for paying all sums due in connection with your Programs, subscription or use of our Service as set out in these terms. Failure by you to use any of the services available for you through your subscription, does not relieve you from your payment obligations under these Terms. If you do follow the programme or use the knowledge given as recommended, you cannot cancel or obtain a refund. You cannot cancel or obtain a refund where your fitness results do not meet your expectations.

Subscribers can pay by Credit Card or Debit Card or via Paypal or Stripe (USD).Payment details, together with details of the service applied for, shall be collected by us through our secure financial data collection mechanism account, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to such online payment system for processing.

Subscribers should be aware that further terms and conditions of sales required by our third party card processing service or Paypal, can be found by reading their Tcs&Cs published on their website.

7. Access to Content:

When we have accepted your order, we will provide you with a username and password (if required), via a verification email directly to the email address that you provide to us as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party.
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 opinion you have failed to comply with any of the provisions of these Terms or have used the Website in contravention of these T&Cs or Privacy Policy.

Your right to use and access any Membership area of the Website is personal to you, and you must not allow any other person to gain access to the Membership area of the Website using your username and password. You must keep your username and password confidential.

You are entitled to use and access any Membership area from the time you receive a username and password by email until your Membership, Program or subscription expires or until your subscription/ participation is terminated at the end of your program in accordance with these Terms. Your username and password will be subsequently disabled by us.

8. Release and Indemnity:

We shall operate our Website and other media, and provide our Services with reasonable skill and care appropriate to our industry standards.

We shall not be liable for any personal taste dissatisfaction the Subscriber/ Member or User may suffer in connection with the Website and/or the use of our Services or Programmes.

You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site or in connection with the use, inability to use or the results or lack of results of our programme/s.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to theCompetition and Consumer Act 2010(Cth) including, but not limited, to any misleading statements made and/or incorporated into the content on our Site.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of the Site, you agree to indemnify us and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

• your access to and use of the Site and Services; or

  • all third party claims, costs, losses and/or liabilities relating to this contract and Your usage of the Programmes, Ebook, Exercise plans, Website or

actions in relation to any of them

• your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

All material on this website or in our E-book or training programmes, is provided for your information only and should not be construed as medical advice or instruction from Us. None of the content and/or statements made are a recommendation as to how to treat any particular disease or health related condition. They have not been approved by medical or government governing bodies either in Australia or any other overseas regulatory body.

We do not make any representations or warranties, express or implied and shall have no liability or responsibility to any person or entity with respect to any loss or  damage caused or alleged to be caused directly or indirectly by the information contained herein and nothing in this disclaimer will limit or exclude  any liability for death or personal injury resulting from negligence, limit  or exclude any liability for fraud or fraudulent misrepresentation, limit  any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.

The imparted Information and advice is based on Our own research, experiences and Our client experiences. You should not use the information on this website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

Other than those consumer guarantees preserved by theCompetition and Consumer Act2010 no guarantees or implied warranties, representations or endorsements are made by Us, with respect to any products or services provided to you via a programme or that may be referenced, described, or to which this website may provide a hyperlink to from time to time.

9. Service Availability:

The information contained in this website is for general information purposes only, on an ‘as is’ basis. While we take every reasonable effort to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, Services, or related information contained on the website for any purpose.

Every effort is made to keep the website up and running smoothly. However, We take no responsibility for, and will not be liable for, the website being temporarily unavailable.

10. Programme & Training Safety Advice:

The information in Our programmes is intended to supplement and not replace any proper exercise training and We advise You to take full responsibility for Your own safety and exercise limits. Before practicing any exercises detailed in this program You should ensure that You do not take any risks beyond your current level of experience, aptitude, training and general fitness. Our exercise and dietary regimes are not intended to substitute or undermine any instruction or current treatment, with regards to a dietary regime that may have been prescribed by your doctor or physician.

You should not perform any exercise unless you have viewed the exercise demonstration videos by us. You should not add additional weight or resistance to the exercises unless under supervision of us or a qualified instructor. You should always ask for additional instructions and assistance if in doubt.

Please see your physician regarding the taking of any current medications before starting this program and do not stop taking any prescribed medication, unless instructed to do so. Should you experience any of the following; light headedness, dizziness or extreme shortness of breath whilst exercising, stop the exercise and consult your physician.

You hereby agree that participation in any and all of our programmes are dependent upon your being physically fit enough to cope with them. A good indicator and outline of the requirements is made obvious in our website statements and explanatory publicity. Should you then embark upon any of our Programmes, plans or activities without first ensuring you are physically fit enough to cope with them, then we shall not accept any liability whatsoever, for injury or illness as a result. The advice does not supersede that which is given by any qualified medical practitioner/professional, registered dietician or nutritionist. We would also like to advise you that it is your responsibility to ensure you are in sufficient physical health, to participate in our programmes.

This material is for information only and not intended to replace the advice of a medical professional. Please consult with your Doctor before starting any weight loss program and do not begin any exercise routine unless you have your Doctor’s clearance.

Please note that this site is for information only and should not replace any medical advice from a Doctor taken before undergoing any weight loss campaign or change in exercise and diet routine. We also do not recommend any exercise or stomach exercises until you have had full clearance from your Doctor or Physiotherapist post birth – which for mums who have had C-Sections could be many many months post birth and trying to do exercise before you are ready could lead to severe injury. If you experience any pain or discomfort during exercising, please stop all exerciseimmediatelyandconsult with a medical professional

No claims are made as to how much weight you can lose using this information/product. Your results will vary from any examples given. Your total weight loss will depend upon your circumstances, the amount of calories that you consume on a daily basis, your determination, your activity level, and the duration of your efforts to lose weight.

We also recommend talking to your Doctor if your baby suffers from Colic before starting any diet plan as certain foods may exacerbate the colic if you are breastfeeding.

Always speak to your doctor before changing your diet, taking any supplements or undertaking any exercise program. The information on this site is for reference only and is not medical advice and should not be treated as such, and is not intended in any way as a substitute for professional medical advice.

You should have a pre-exercise examination if you are particularly sedentary, have excessive high levels of cholesterol, high/low blood pressure, diabetic, obese or are over 55 years old.

If your physician recommends that you do not follow Our programsbased on the above, please follow his/her advice.

Busy MumFitness Programme Refund Policy:

This programme is a specially devised for Busy Mums, to fit in with your timetables and ability to exercise at your own pace. Because our Programme is of a specific and tailored nature, once you have ordered your programme/s, there can be no refunds if you subsequently cancel the programme or change your mind once the programme information is sent to you or you access the subscriber content on the website. We do offer a 90 day money back guarantee on this programme, as long as the qualifying criteria for such a refund is met. Please contact use [email protected] further information of the conditions for this refund,. There is an obligation on your part to ensure that all requested before/after photos are submitted to Us, along with your food diaries to be filled in together with weekly updates.

If you opt for the payment instalments on these programmes, We do not accept any liability for any transaction or conversion charges (by IBAN or SWIFT). These charges together with your Programme costs, must be paid in full by the end of your Programme.

11. General Terms:

All prices and costs displayed on this website are in NZD (New Zealand Dollars). All transactions are done in AUDand/or are subject to conversion from your own currency into AUDCurrency. Purchases made on stripe and the $1 trial pages are displayed in USD and subject to your conversion from your own currency.

In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, it may be severed from these Terms but the remaining provisions shall remain in full force and effect.

These Terms, and any document referred to herein, represent the entire agreement between Us and the Member/ Purchaser/ Participant, for the provision of any Services and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services.

The User acknowledges that, in entering into this Contract with Us on these Terms, that it has not relied upon any other representation, undertaking or promise by Us, or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms.

You shall have no remedy in respect of any untrue statement made by any Agent or Sub-Contractor of Kelly Rennie Busy Mum Fitness Pty. Limited ACN 619 576 180 , whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and Your only remedy shall be for breach of contract as provided in these Terms.

15.6 These Terms are made only for the benefit of the parties to it and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract.

15.7 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of Queensland Australia.
The parties irrevocably agree that the Australian courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or any subject matter contained within them.

15.8 We reserve the right to change any of these Terms at Our discretion, with the latest effective Terms becoming effective once published on Our website. These Terms & Conditions were last updated on the.