However even if you do have complications and you may be excluded from certain components of exercise, you will still gain an enormous amount of tips and advice for all other areas of your conceiving, pregnancy and postnatal time during the membership program. 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.

INFORMATION SECURITY

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. You agree that if you are issued a Username and Password by Fit For 2 Pty Ltd, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying (anita@fitfor2.com.au) Fit for 2 Pty Ltd immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.

LIMITATION OF LIABILITY

Under no circumstances shall Fit For 2 Pty Ltd, advertisers and/or its contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fit For 2 Pty Ltd, advertisers and/or its contractors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Fit For 2 Pty Ltd, advertisers and/or its respective contractors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fit For 2 Pty Ltd, its advertisers, contractors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Fit For 2 Pty Ltd reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Fit For 2 Pty Ltd in asserting any available defenses

WARRANTIES DISCLAIMER

The Information is subject to Fit For 2 Pty Ltd quality control processes, the Information is also subject to continuing research, clinical experience, and reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. Fit For 2 Pty Ltd make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “AS-IS” without warranty of any kind. Fit For 2 Pty Ltd advertisers and/or its contractors hereby disclaim all warranties without regards to this site, the information and services contained or received through use of this site, and any products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, no representation or warranty is made that the information will meet your health or medical requirements. Fit For 2 Pty Ltd provides general health and fitness information and the circumstance of each individual will differ. You should with respect to the use of our sites exercise your own judgment and you should evaluate the accuracy, reliability, suitability and relevance of the available information contained on our sites. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

LIMITATION OF LIABILITY

To the extent permitted by law under no circumstances shall Fit For 2 Pty Ltd, advertisers and/or its contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if Fit For 2 Pty Ltd, advertisers and/or its contractors have been advised of the possibility of such damage. Claims in connection with this agreement will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Fit For 2 Pty Ltd, advertisers and/or its respective contractors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

INTELLECTUAL PROPERTY RIGHTS – Copyright

The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Fit For 2 Pty Ltd prior written permission.

TRADEMARK

Fit For 2 Pty Ltd, Fit For Pro name, logo, and all product names, Fitfor2 names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Fit For 2. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. Use of a Trademark or other logo without permission may result in termination of the relationship.

THIRD PARTY SITES

Our Site contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site.

You may be transferred to online merchants or other third party sites through links or frames from our sites. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Fit For 2 Pty Ltd and may not be monitored or reviewed by Fit For 2 Pty Ltd. The inclusion of such a link or frame does not imply endorsement of the site by Fit For 2 Pty Ltd, its advertisers or contractors, any association with its operators and is provided solely for your convenience. You agree that Fit For 2 Pty Ltd and its contractors have no liability whatsoever from such third party sites and your usage of them. You acknowledge and appreciate the risk associated with purchasing from third parties.

PAYMENTS AND REFUNDS FOR ONLINE MEMBERSHIPS

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 Fit For 2 Pty Ltd service is always subject to payment first being made by you. We reserve the right to terminate your access to Fit For 2 Pty Ltd service if you are not up to date with any payment plan that may be offered. We will use Stripe payment gateway service for financial transactions unless stipulated on the website. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by Fit For 2 Pty Ltd. Fit For 2 Pty Ltd membership fee and other charges 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. All fees are non-refundable.

All ongoing memberships will be charged weekly based on the membership you have signed up for stipulated on the payment page to your nominated payment via Stripe. If you no longer wish to obtain your membership with Fit For 2 PRO after the period has been completed, then it is your responsibility to cancel your membership. If you have purchased the pregnancy FIT FOR 2 PRO program, the weekly cost will continue for the remainder of your pregnancy plus 12 weeks minimum after birth to complete the SOS Mumma Part 2 restore your core program and will continue into the 12 weeks plus program. Once you are in the 12 weeks plus program you can cancel the membership when you feel you no longer require the education.

If you have purchased the SOS MUMMA Part 1 and beyond FIT FOR 2 PRO program, the weekly cost will continue for the remainder of your pregnancy approx 4 weeks plus 12 weeks minimum after birth to complete the SOS Mumma Part 2 restore your core program and will continue into the 12 weeks plus program. Once you are in the 12 weeks plus program you can cancel the membership anytime when you feel you no longer require the education.

If you have purchased the SOS MUMMA Part 2 and beyond FIT FOR 2 PRO program, the weekly cost will continue for a minimum of 12 weeks post birth to complete the SOS Mumma Part 2 restore your core program and will continue into the 12 weeks plus program. Once you are in the 12 weeks plus program you can cancel the membership anytime when you feel you no longer require the education.

If you have purchased an Introductory offer, you will maintain that cost of the membership until your membership is completed. However if you cancel your membership and re-join, you will be charged at the current price as per what the site states.

OUR GUARANTEE TO YOU – is that you will receive invaluable education from the team of health professionals at FIT FOR 2 PRO for the lifetime of the membership you have purchased. We all know that the hospitals and care givers can only provide so much education. Here at FIT FOR 2 PRO we are here to fill the gap in the healthcare system so you can become empowered in your journey from pregnancy to motherhood. And most importantly know your choices and feel informed with all our education programs. Us health experts understand how important education is. The more you utilize the program the more you will see value in the education which we have provided you and your partner with.

OUT CLAUSE – If during your pregnancy there is an unforeseen circumstance which arises whereby you miscarriage or lose your baby to stillbirth or neonatal death please contact Anita immediately to discuss having your membership cancelled. Unless there is a legitament reason to cancel your membership, your membership will continue for the lifetime of the membership purchased.

At FIT FOR 2 PRO we are very understanding when specific circumstances arise so please contact Anita to discuss.

PERSONAL INFORMATION WE COLLECT

When you visit our site, we collect two types of information: personal information you actively choose to disclose (“Active Information”) and Use.

Information collected, in a way not visible to you, on an aggregate anonymous basis as you and other users browse our site (“Passive Information”).

1. Personally Identifiable Information

This refers to information that lets us know specifically about you i.e. profile information.

A. Registration

When you register to become an authorized member/customer of our services, we will collect Personally Identifiable Information (such as name, email address). This Personally Identifiable Information is securely stored and may be accessed on our website. To login to the membership portal create an account using your email address and selecting a personal password. Please safeguard your password in a secure location as we are not responsible for breaches into the system when access is willingly provided.

B. Ordering

When you place an order for products or services, we collect Personally Identifiable Information (such as name, email). We use this information to deliver your order, and to communicate the status of your order.

2. Aggregate Information

This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator (“URL”) of the website that referred you to our Site, your Internet Protocol (“IP”) address (a number automatically assigned to your computer whenever you surf the web), your operating system and browser type, and any search terms that you enter on our Site. Our web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content or our Site in order to make your visit an easy and enjoyable experience. We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under our Privacy Policy. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in Fit For 2 Pty Ltd Privacy Policy

GOVERNING LAW

Fit For 2 Pty Ltd (excluding third party linked sites) is controlled from its offices within Australia. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Australia, by assessing this site, both you and Fit For 2 Pty Ltd agree that the statutes and laws of Australia shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and Fit For 2 Pty Ltd also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Australia and any legal proceedings shall be conducted in English. Fit For 2 Pty Ltd makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories/countries where their contents are illegal is prohibited. By clicking that you ACCEPT and agree to these terms and conditions outlined above that you will NOT hold Fit For 2 Pty Ltd and/or any of its Contactors liable.