Online Training Program

TERMS OF SALE
This Online Training Program is owned and operated by Eat Like Ruby Pty Ltd ACN 662 643 745 trading as Eat Like Ruby, herein referred to as ‘Eat Like Ruby’, ‘we’, ‘our’, or ‘us’.

Please take the time to read the Terms of Sale that are applicable to your use and enjoyment of this Site and the content made available to you via this Site, our Programs and our social media channels, as well as your purchase of any products from Eat Like Ruby (“Terms”).
Any participation or access to Eat Like Ruby's programs, including exercise routines, training programs, nutrition plans or guidance is subject to the compliance of a Health & Fitness Waiver (available here: https://eatlikeruby.com.au/training-programs-waiver/), to be read in conjunction with these Terms of Sale (Terms) (available here: https://eatlikeruby.com.au/training-programs-terms-of-sale/ ) and Privacy Policy (available here: https://eatlikeruby.com.au/privacy-policy/ ) and apply to all Site visitors, subscribers, customers, and other users of our Site or Programs (“user”, “you” and “your”).


1. Capacity to Contract

You warrant and agree that you:
a) are 18 years of age, or the appropriate age of majority in my jurisdiction;
b) are not a resident of the United States or Canada;
c) have read and understood these Terms of Sale and have sought professional and/or legal advice should I require clarification on any aspect of the Terms;
d) have the capacity to agree to the terms; and
e) agree to be legally bound by them.


2. Changes to these Terms

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site or Programs. If at any time you choose not to accept these Terms, you should not access our Site or Programs.
Your continued use of this Site and our Programs is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” or other similarly worded click or tick options, where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, you can contact us here: management@eatlikeruby.com.au, before completing any purchase.


3. Pricing and Payments

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is placed.
We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product or service.
We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued.
We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products. We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.


4. General information only

Any content or information provided in the Program is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Program. No part of the Program is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.


5. Exercise Programming Only

By purchasing the Program, you acknowledge that this program does not contain any nutrition coaching, plans or services.


6. No guarantees

The nature of the Program means that we are unable to guarantee particular results, and any examples of achieved by other Program participants is a representation of potential results only. Any results achieved through your participation in the Program will vary depending on a range of factors beyond our control.
You are responsible for determining whether the Program is right for you. We reserve the right to terminate or suspend your access to the Program at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing within the Program does not constitute or imply our endorsement, sponsorship or recommendation in any way.


7. Warranties and indemnities

We provide the Program and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.
You agree that you engage in the Program at your own risk.
Except as expressly permitted by law, we cannot be held liable for:
a) any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
b) your inability to participate in the Program for any reason;
c) your failure to maintain the security of your login details that enable you to access the Program;
d) the statements or conduct of any third party; or
e) your reliance on the suggestions or recommendations of any third party or Program participant.

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products, programs, resources or services including that:
● they are suitable, reliable, complete, secure, accurate or fit for any particular purpose; 
● access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
● there is no possibility of failure to store communications or other data.  
We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.


8. Limitation of Liability

To the fullest extent permitted by applicable laws, nothing in these Terms has the effect of contracting out of any applicable consumer protection law that cannot be excluded or our liability for death, personal injury arising from our negligence or for fraudulent misrepresentation. In no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products, programs, resources or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. To the extent our liability cannot be excluded but can be limited, our liability is limited to $150.


9. Online delivery / digital products

Where you download or purchase our Digital Products, Programs and/or Resources, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products, Programs and/or Resources for your own personal use. You may not assign or transfer the Digital Products, Programs and/or Resources to any other person without our express written consent. We reserve the right to refuse to provide the products, programs and/or resources to you at any time for any reason.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products, Programs and/or Resources in any manner whatsoever except as authorised by us.

Activation of Program: Once you have purchased your chosen Program, you will be prompted (via email) to activate it in our training app in order to access it. The activation prompt will be sent to the email address that you supply when completing your Program purchase. It is your responsibility to follow this prompt and activate your training Program in the training app. Your Program will commence on the following Monday post purchase, whether you have completed this activation or not.
It is your responsibility to contact management@eatlikeruby.com.au if you do not receive the relevant emails, or need any assistance with this activation process.
Failure to activate your training Program will not delay your start date or extend the duration of your Program access.

Validity and Duration of programs: After purchasing a Training Program, the purchaser will be granted access to that Program in the Eat Like Ruby training app (Trainerize) for program duration stated on the checkout page of the program (ie 10 weeks), commencing on the next Monday post-purchase. For example, if you purchase a 10 Week Booty Build Program, you will be able to access this program via the App on the following Monday, for 10 weeks only.
Training Programs cannot be paused, restarted or transferred to another person or to another time period.
This is a 10 Week Program. You will have access to the Program and the training app for this time only. Your Program and/or app access will not be extended if sessions and/ or weeks are missed.

Technical Requirements: you acknowledge that it is your responsibility to ensure that you have the necessary technical requirements, including a stable internet connection, compatible devices, and software, to access and participate in the online Program.

Online Conduct: you agree to conduct yourself in a respectful and appropriate manner during any online interactions. and will adhere to any guidelines, codes of conduct, or instructions provided by Eat Like Ruby regarding online behavior, interactions, and sharing of content.

Data Security: You understand that participating in the online Program may involve sharing personal information and data. You agree to take necessary precautions to protect my personal information and ensure the security of my devices and accounts. Eat Like Ruby will not be liable for any data breaches or security incidents that occur as a result of my failure to secure my devices or accounts.


10. Creating an account

To place orders and access some features of our Site or Programs , you may need to register an account. This means you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.


11. Refunds for digital products /access

Due to the nature of Digital Products, Programs, Resources and Services any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
Program and/or Product Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.


12. Intellectual Property

As part of the Program, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Program and the Materials.
To the extent required for participation in the Program and in consideration for the payment of the Program Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:
a) modify the Materials;
b) copy or share the Materials or in any way cause or allow them to be copied or shared;
c) assign or transfer your membership of the Program to any other person without our express written consent; or
d) sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.
If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Program and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Program and Materials for commercial purposes. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.


13. Competitors are excluded

You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. Eat Like Ruby reserves its right to exclude and not permit any person using this Site or accessing the Program in its sole discretion.


14. Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances:
● use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
● attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
● hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
● infringe upon the rights of any person's proprietary rights;
● send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
● attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.


15. External links

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.


16. Social Media interactions

You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels.
Where you do decide to submit such feedback, comments or content, you:
● warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
● give us permission to post or otherwise use that feedback on our social media or other channels;
● waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
● warrant that the content does not violate these Terms; and
● warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:
● contains libelous or otherwise unlawful, abusive or obscene material;
● attacks our employees or another contributor;
● contains material that discloses your personal information; or
● is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger (or similar).


17. Breach and termination

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.


18. Severability

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.


19. Ceasing our website

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.


20. Assignment

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.


21. Entire agreement

These Terms (together with our Waiver and Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.


22. Governing law and jurisdiction

These Terms shall be construed in accordance with and governed in all respects by the laws of Queensland. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland.


WAIVER

1. Parties

This Online Training Program is owned and operated by Eat Like Ruby Pty Ltd ACN 662 643 745 trading as Eat Like Ruby, herein referred to as ‘Eat Like Ruby’, ‘we’, ‘our’, or ‘us’.


2. Important Information

I acknowledge that my participation in or access to Eat Like Ruby's programs, including exercise routines, example meal plans or nutritional guidance ('Programs'), as well as the use of any exercise equipment ('Equipment'), is subject to this Health & Fitness Waiver (“Waiver”) (available here: https://eatlikeruby.com.au/training-programs-waiver/ ), in conjunction with Eat Like Ruby’s Terms of Sale (available here: https://eatlikeruby.com.au/training-programs-terms-of-sale/ ) and Privacy Policy (available here: https://eatlikeruby.com.au/privacy-policy/ ).


3. Capacity to Contract

I warrant and agree that I:
a) am 18 years of age, or the appropriate age of majority in my jurisdiction;
b) am not a resident of the United States or Canada;
c) have read and understood the terms of this Waiver and have sought professional and/or legal advice should I require clarification on any aspect of the Waiver;
d) have the capacity to agree to the terms of this Waiver; and
e) agree to be legally bound by them.


4. Medical Consultation

I understand the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. I have consulted a medical professional and have been cleared to participate in the Programs and use the Equipment accordingly.
If any medical conditions or injuries arise during my participation, I agree to seek further medical advice and follow their instructions accordingly.
I warrant that I am medically fit to participate in the activities that form part of the Programs. I accept full responsibility for my own physical and mental health and the ways in which they may be impacted by the Programs.
I understand this program contains exercises such as barbell hip thrusts, barbell deadlifts/RDL's, leg press, split squats & shoulder press and agree that I am experienced, confident and comfortable performing these movements.
I will consult a medical professional if I become aware of any medical conditions or sustain any injury and abide by their instructions as to my capacity to participate in the Program or use the Equipment.  


5. Pre-existing Medical Information

I confirm specifically that I have not historically or currently been diagnosed or present with any of the following:
- Eating disorders
- Emotional eating
- Kidney disease or reduced renal function
- Hypertension or high cholesterol
- Type 1, 2 or pre diabetes
- Stress fractures, lower peak bone mass, osteoporosis or osteopenia
- Tendon, ligament or muscle strains and/or sprains
- Heart disease, heart condition(s), myocardial infarction (heart attack), atrial fibrillation, bypass graft, or valve replacement
- Had gastrointestinal surgeries in the last 12 months
- Had an asthma attack that required medical attention any time during the last 12 months
- Am not currently diagnosed with and/or receiving treatment for cancer
- Am not currently pregnant (and have not been in the last 6 months)
- Am not currently Breastfeeding


6. Personal Physical Limits

I take full responsibility for selecting Programs and using Equipment that align with my abilities and skill level. I agree not to exceed my personal physical limits during participation and to use the Equipment in a manner consistent with its intended design and purpose.
I agree to conduct myself in a reasonable manner at all times, and to refrain from using any Equipment in a manner inconsistent with its intended design and purpose.


7. Exercise Programming Only

By purchasing this program, I acknowledge that this program does not contain any nutrition coaching, plans or services.


8. Access to Gyms and Safety

I acknowledge that the program requires commercial gym equipment and I will be personally responsible for (including any associated costs) with accessing recommended equipment.
I am responsible for ensuring the safety of any environment where I choose to participate in the Programs including (but not limited to) removal of potential hazards and securing my personal valuables.


9. Assumption of Inherent Risks

I understand that Eat Like Ruby is not responsible for any inherent risks that may arise out of the using of any Equipment, including (but not limited to) injuries that occur as a direct or indirect result of negligence, misuse, setup, or Equipment failure.
These inherent risks may include, but are not limited to:
Equipment Failure: I understand that equipment failure can occur due to various factors, including manufacturing defects, normal wear and tear, or improper use. I acknowledge that Eat Like Ruby is not the manufacturer of the Equipment, and any equipment failure resulting from manufacturing defects is subject to the terms of the manufacturer's warranty.
Personal Physical Limits: I acknowledge that I have the responsibility to select Programs and use Equipment that align with my abilities and skill level. I understand that exceeding my personal physical limits or using the Equipment inappropriately may lead to injuries or accidents.
Health Conditions: I recognise the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. I acknowledge that Eat Like Ruby is not responsible for any health complications that may arise during my participation in the Programs or use of the Equipment.
I acknowledge that it is my responsibility to use the Equipment correctly and safely. I agree to follow all provided instructions and guidelines and to seek clarification via the contact methods & instructions provided in the client portal if I am unsure of any instructions prior to participating in the exercise.


10. Medical Attention

If I require medical attention at any time during a Program, I acknowledge and confirm that I am solely responsible for seeking that medical attention and I will be solely responsible for any costs associated with said treatment.


11. General information

I acknowledge and understand that any content or information provided in the Program is of a general nature only and does not constitute professional advice.
Eat Like Ruby cannot be held liable for any reliance on the information we provide through the Program. No part of the Program is a substitute for obtaining advice that is specific to my individual circumstances from a qualified professional.
I am responsible for determining whether the Program is right for me.
We reserve the right to terminate or suspend your access to the Program at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing within the Program does not constitute or imply our endorsement, sponsorship or recommendation in any way.


12. No guarantees

I acknowledge and agree that Eat Like Ruby provides the program and its content on an ‘as is’ basis, and do not guarantee any specific results from my participation. My experience will depend on my own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.


13. Indemnification and Release

I acknowledge that I voluntarily participate in the Programs and use any associated Equipment at my own risk, and indemnify and release Eat Like Ruby and its owners, shareholders, officers, employees, contractors, agents, successors and assigns, except as expressly permitted by law from any and all liabilities, claims, demands, expenses and losses that may arise as a result of or in connection with my participation in the Programs or use of the Equipment, including (but not limited to) damage to property,  personal injury (whether minor or serious), health complications or the aggravation of an existing condition, diseases and/or death.  
I acknowledge and agree that that Eat like Ruby cannot guarantee my safety or eliminate all risks associated with the Programs and Equipment and agree to indemnify them for
a) any loss or damage that I may suffer as a result of my participation (including where I disclose confidential information);
b) my inability to participate in the Program for any reason;
c) my failure to maintain the security of my login details that enable you to access the Program;
d) the statements or conduct of any third party; or
e) my reliance on the suggestions or recommendations of any third party or other program participant.

I agree to take full responsibility for my actions during the Programs and use of the Equipment, and I will exercise reasonable care to prevent injury to myself and others.


14. Severability

If any provision of this waiver and release is found to be unenforceable or invalid, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law. I attest that all the information I have supplied within this Waiver is true and complete.


15. Insurance

Both parties will ensure that they hold appropriate insurance where applicable.


16. Governing Law and Jurisdiction

This Waiver shall be governed by and construed in accordance with the laws of the State or territory where the program is hosted. Any dispute arising out of or in connection with this Waiver, including any question regarding its existence validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Queensland.


17. Electronic communications and electronic signatures

I further acknowledge and agree that when I click on or tick “I agree to the terms and conditions:”, "I agree" “I consent”, or other similarly worded click or tick options by electronic means, my agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written my signature by hand.