Terms of Use

This Agreement (including the General and Specific Terms set forth below) contains all of the terms of use between TLH and you the client. Please read this Agreement before using the Site. Use of the Site constitutes  your agreement to all terms and conditions in this Agreement. By using this Site, all users do hereby represent that they  understand and  agree to and accept all terms and conditions contained herein.

General Terms

TLH Connects Clients with Personal Trainers

TLH is a communications platform for enabling the referral of Clients to individual seeking to provide personal training services. Users do hereby, understand and expressly agree that TLH does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Personal Trainers, nor of the integrity, responsibility or any of the actions whatsoever of Personal Trainers.

All users including both Client and the Personal Trainer do hereby expressly agree not to hold TLH (or TLH’s agents, assigns, representatives, advertisers,  employees or their related companies) liable for any instruction, advice or services delivered which originated through the Site and TLH expressly disclaims and excludes any liability whatsoever for any damage, suits, claims, demands or losses of whatsoever kind  that have arisen or may arise.,

TLH is only a Venue.

TLH is a communications platform for enabling the connection between Client and Personal Trainer. TLH does not take part in the interaction between the Client and Personal Trainer once a referral of the Client to a Personal Trainer occurs. This referral constituted the only service provided by TLH. TLH does not have control over the quality, timing or legality of services actually delivered by Personal Trainers. TLH makes no representations about the suitability, reliability, timeliness, and accuracy of the health or fitness services provided by the Personal Trainers to Clients through referral by the Site whether in public, private or offline interactions.

TLH does not assume any responsibility for the accuracy or reliability of the information imparted to a client by a Personal Trainer or any information on this Site. TLH does not assume and expressly disclaims any liability that may result from the use of this information.

Release

In the event of a dispute between yourself and one or more Personal Trainers, you hereby agree to release TLH (and our officers, directors, agents, employees and related companies) from any and all claims, demands, damages (actual or consequential), expenses and losses of every kind, known and unknown, disclosed or undisclosed arising out of or in any way connected with such dispute, your contact with one or more Personal Trainers or the use of this Site.

No Liability

User agrees not to hold TLH, TLH agents and employees, officers, directors, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a Personal Trainer. Client releases TLH agents, officers, directors,  employees and related companies from claims, demands and damages (actual or consequential) costs and losses of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes, the Site or the services provided by a Personal Trainer.

Indemnification

By agreeing to the terms of the User agreement, Users agree to indemnify, defend and hold harmless TLH, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense,  demand or liability, including solicitors' fees and costs incurred by TLH and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. TLH and affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of TLH. Users further agree to hold harmless TLH and Affiliates from any claim arising from a third party's use of information or materials of any kind that they post in a Public Area.

Term of Agreement

This Agreement will become effective immediately upon any use by all users of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, TLH may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of TLH as posted on the Site from time to time.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by TLH (or related entities) or is used with permission.. TLH  (or related entities) owns all Proprietary Material. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior written permission of TLH and/or the relevant right holder.

Notice of Trademark Rights

The service marks, trademarks, Trainlikehell.com.au  and ‘trainlikehell.com.au personal trainers for every body’ are service marks owned by TLH or related companies. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Kaye Technologies Pty Ltd, TLH and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

Limitation of Liability

Under no circumstances will TLH or its Affiliates be liable to Client or Personal Trainer for any direct, indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement, or the use of this Site.

Communication

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return or electronic mail.

General Provisions

Failure by TLH to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. All claims and disputes arising out of these Terms of Use or use of the Site, , shall be exclusively brought in the federal, state or local courts located in Sydney Australia. With regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire Agreement

These Terms of Use constitute the entire agreement between Users and TLH with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of TLH, its successors and assigns.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Refund Policy

Before purchasing a training session, carefully review your booking time and date.

Cancelled sessions

Occasionally, sessions are cancelled or postponed by the Personal Trainer due to weather conditions or a situation that will or may have an adverse affect on the client. When this occurs, the Personal Trainer will make every effort to ensure you receive a prompt refund or a replacement session.

If an event is cancelled or postponed, you will be notified by email and SMS. If the session was moved or rescheduled, contact the Personal Trainer for exact instructions.

If a refund of payment has been confirmed by TLH then the following refund method applies. If you booked online or by phone using a credit card, TLH will automatically refund the credit card used for purchase within 14 days of notifying you that a refund applies.

Rules and Regulations

Eligibility

TLH is a referral service for Clients seeking the help of a Personal Trainer. We are available only to make referrals for individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our referral services are not available to minors under the age of eighteen (18). Any misstatements and/or misrepresentations regarding  age, are not the responsibility of TLH.

Further exclusions of liability

TLH does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Personal Trainers and/or users of this Site. Users do hereby represent, understand and agree to hold TLH harmless for any misstatements and/or misrepresentations made by any Personal trainers or users of this Site.

Prohibited Use

The Site and services contained herein may be used to find, select and connect with Personal Trainers for the purpose of receiving health and fitness related information and training. The Site and related services may not be used by any person to recruit, solicit, or contact Personal Trainers for employment or contracting for a business not affiliated with TLH without express written permission from TLH. Should TLH find that you violate the terms of this Paragraph or any terms stated in these Terms of Use, , TLH reserves the right to terminate your use of this Site at its sole discretion immediately and sue for damages in respect of any loss sustained as a consequence of the improper use.

In the event that the client books or attemps to book with a TLH Personal Trainer, but not use this TLH Site or purchase a session with such Personal Trainer the client will be liable to TLH for any loss occasioned by such unauthorised Personal training session.