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Terms of Service

V2 – Last updated:  2023-08-02

Your acceptance of, and compliance with, these Terms of Service (or Terms of Use, Terms and Conditions) is a condition to your use of the site and services of The HEALTH FIX. By clicking “accept” or continuing to use the site and or services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Service and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or the Services; promptly exit this Site.

 

Information published on this web site is provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that The Health Fix may alter the information on its web site from time to time. The Health Fix shall have no liability arising from the use by any party of the information on this web site. The Health Fix does not warrant the information on this web site in any way and in particular no warranty is given that the web site or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. The Health Fix exclude all liability for contamination or damage caused by any virus or electronic transmission.

SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY THE HEALTH FIX

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by The Health Fix. Any healthcare services will be provided by an independent healthcare provider of your choice (each a “Provider”). The Health Fix provides movement therapy information, nutritional education and mentoring, and all round coaching services and instructional videos for general information purposes only. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by The Health Fix, or in connection with any communications supported by The Health Fix, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by law. Your Provider can use our products and services to better provide clinical services to his or her patients. The Providers, and not The Health Fix, are responsible for the quality and appropriateness of the care they render to you.

 

Your interactions with the site or in participation of any services or memberships are not intended to take the place of your relationship with your regular health care practitioners or primary care physician(s). Neither The Health Fix, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Services or provide a link to the Service, shall be liable for any information or advice obtained from the Site or Service, nor any information obtained on the Site. The Health Fix does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

 

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR “999” OR “112” OR YOUR LOCAL EMERGENCY SERVICES NUMBER IMMEDIATELY.

 

The Health Fix’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call the emergency services immediately.

 

You should seek emergency help or follow up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

LINKS TO OTHER SITES

The Health Fix makes no representations whatsoever about any other website that you may access through the Site. When you access a non-The Health Fix site, please understand that it is independent from The Health Fix, and that The Health Fix has no control over the content on that website. In addition, a link to a non-The Health Fix website does not mean that The Health Fix endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to from this Site, you do this entirely at your own risk.

PARTICIPATION TERMS & CODE OF CONDUCT

  1. Attendance, participation in, and receipt of any services is subject to prior booking and reservation of your place. In order to schedule a meeting with your coach or to attend a live and or group session or meeting you must select your chosen time from the available options found on The Health Fix website (and or in The Health Fix app when available). The Health Fix and your coach reserve the right to change the time of, or cancel or postpone any meeting, session or event with or without prior notice.

 

  1. The Health Fix operates a strict 24 hour notice period for cancellations or rescheduling. For one-on-one private meetings and sessions and group participation or classes you must inform The Health Fix or your coach a minimum of 24 hours prior to your scheduled appointment, meeting or session. You understand that no refunds will be provided and it will not be possible to reschedule the session if you fail to provide sufficient advance notice of cancellation or postponement. If you are a subscription member with a specified number of meetings or sessions per month as part of your membership, the last minute cancellation or no-show will count as a session used from your monthly allocation. If you purchased an individual or multi-session package, late cancelation will be deducted from your meeting allocation balance.

 

  1. Participation in and receipt of The Health Fix’s services may be subject to a prior consultation and screening meeting. You will be invited to schedule an initial consultation when relevant and or necessary. The Health Fix reserves the right to refuse to provide services and prohibit participation to anyone for whom we determine that the service or services may be inappropriate or potentially dangerous for your participation or for any other reason. The Health Fix and or your coach are not required to provide details, explanation or reason for any refusal of services to any participant.

 

  1. For your own safety and for the avoidance of distractions participation in exercise and nutrition programs is for humans only. Furthermore, pets and animals of any kind are not permitted and should not be present during in any in-person or online, private or group coaching or training session.

 

  1. Suitable clothing must be worn for all physical fitness activities. Your clothing should be non-restrictive and appropriate for the environment in which you choose to exercise. Any footwear should not interfere or limit the function of the feet. When taking measurements and photos for body composition and weight management tracking, it is recommended that clothing be as sparse as possible in order to allow for accuracy of measurement.

 

  1. Where possible, any bespoke or individualized fitness programs will be designed around the equipment and space you have available to you. It may be necessary in some circumstances and at your coaches discretion for you to supply yourself with equipment or accessories that will enable you to perform relevant and appropriate exercises and routines in an effective and safe manner. Similarly, it may be necessary for you to become a member of or acquire access to a suitably equipped, safe, spacious, ventilated and well-lit fitness facility. The Health Fix and your coach reserve the right to refuse to continue any fitness program that cannot be conducted effectively due to insufficient equipment or an inappropriate or dangerous working environment.

 

  1. When exercising as part of a program delivered remotely, in either live or pre-recorded formats, it is the participants responsibility to ensure that their environment is safe and free from risk of accident or injury or damage to the participant or any other present persons or any private property. The Health Fix is not liable for any damages incurred to the participant or any other party for activities conducted at the participants remote location.

 

  1. At times when practicing alone and in your chosen location and while attending or participating in any remotely delivered programs or content, in either live or pre-recorded formats, you acknowledge and agree to act in accordance with the participation terms and code of conduct as outlined in this document and in any further instruction given. This is for your own safety and the protection of any third party. The Health Fix and your coach bare no responsibility for any accident, injury or damage sustained by any participant or third party or property that may arise from advice given or participation in or receipt of any services provided at any time. Any and all participation is at your own risk.

 

  1. The Health Fix services are not available to people following a vegan or plant based diet unless they are seeking help in how to re-introduce meat and animal products in an ancestral and evolutionarily consistent diet for humans. We do not advocate for and can not endorse a vegan or plant based lifestyle as it is nutritionally insufficient (or specifically, nutrient deficient) and is not compatible with our methods for optimizing health and fitness. We reserve the right to refuse and or cancel services to any new or existing customer that opts to follow a nutrient deficient vegan or plant based diet.

 

  1. The Health Fix or your coach does not, can not, and will not offer any guarantee of results. In our marketing materials we may offer potential solutions to common health and fitness problems and the word ‘guarantee’ or other words suggesting a guarantee may be used to emphasize the effectiveness of a technique in most circumstances. This does not mean that we are guaranteeing that you or any specific individual will see results or that any one technique will absolutely work in all situations. In most cases, clients and participants that follow our programs, methods and coaching guidance do experience a positive impact on their health and fitness. You acknowledge and understand that we offer no specific guarantee of any results from participation in our programs and services.

 

  1. Communication with The Health Fix or your coach as part of a coaching or mentoring program will only be via The Health Fix smartphone app. If you have an issue accessing the app use the ‘contact us’ page on The Health Fix website to get in touch. Coaching or mentoring communications or interactions will not be conducted via email, WhatsApp, social media, or any other communication channels unless specifically determined by The Health Fix or your coach and only when necessary and relevant. We will continue to use email, phone and messaging services for other commutations with you, including but not limited to billing, technical support, and marketing information.

 

  1. You may contact The Health Fix and your coach at any time by any of the channels outlined. We endeavor to respond to your communications in a timely manner however no guarantee on response times can be provided.

 

  1. When participating in live in person and virtual fitness and exercise coaching meetings, it is your responsibility to inform The Health Fix and your coach of your next of kin or emergency contact. If for whatever reason your designated emergency contact changes you must inform The Health Fix and your coach and keep this information updated for the duration your client relationship with The Health Fix.

 

  1. When participating in live in person and virtual fitness and exercise coaching meetings, it is your responsibility to inform The Health Fix and your coach of your current location in order that we can assist should we need to contact your designated contact or the emergency services. We will assume that the location you are calling from is the address you provided in your subscription or service billing details unless you inform us of your updated current location. We will save your updated location and assume it’s accuracy, therefore you must update The Health Fix and your coach every time your location changes.

 

  1. Prior to commencement of participation in any coaching and mentoring programs or services from The Health Fix you will be required to complete a ‘PAR-Q’ questionnaire and statement of health. If you have a known pre-existing health condition, or suffer from any recurring symptoms with or without an official diagnosis, you will be required to seek approval from a licensed medical practitioner before participating in any physical fitness activities. You must also disclose any and all medications and supplements that you are taking whether prescribed by a doctor or self-prescribed. Should your condition change or you are diagnosed with a condition, or experience any symptoms of any medical condition, or you start taking or change your medication, you must inform The Health Fix and your coach without delay. The Health Fix and your coach will assume that your most recent PAR-Q submission is the most up to date and accurate report on your health unless you inform us otherwise. Regardless of any prior disclosure of physical condition and health, and or any approval for participation by a licensed medical professional, you acknowledge and accept that participation in any and all physical activity as part of a The Health Fix program or service is at you own risk, and that The Health Fix and your coach bare no responsibility for any accident, injury or damage sustained by any participant or third party or property that may arise from advice given or participation in or receipt of any services provided at any time.

 

  1. From time to time The Health Fix runs events, workshops, lectures, challenges, webinars and courses during the course of it’s business marketing operations. Participants in any of The Health Fix’s promotional activities does not constitute the purchase or provision of services, subscriptions, memberships or products, and shall not be considered a contractual relationship. If you choose to participate in any promotional activities organized and or presented by The Health Fix, you understand and acknowledge that you do so at your own risk and that The Health Fix shall not be held responsible for any damage or injury to yourself, a 3rd party or any property. You will not be obliged to complete a PAR-Q form or statement of health prior to participation in any promotional activity or event, and you should only participate if it is safe for you to do so. The Health Fix reserves the right to refuse attendance to or participation in any of it’s promotional activities at any time and without advance notice.

 

  1. For all consultations, workouts, meetings, catch-up calls and any other communication by phone or video call the participant is required to use high quality wireless headphones with a high quality built-in microphone. The use of speakerphone of loudspeakers degrades the quality of any call and is not allowed. For video meetings a high definition camera and lens must be used, and all video equipment must have the function of supporting itself at any viewing angle requested by your coach. The use of a strong and high quality tripod and relevant accessories are recommended for this purpose. Your coach reserves the right to postpone, cancel, or end early any voice or video call where the participant has not equipped themselves with adequate audio and video communication devices.

 

  1. A stable and high speed internet connection is required (to be provided by the participant) for all virtual meetings and calls. Your coach reserves the right to postpone, cancel, or end early any voice or video call if the connection is unsuitable to conduct the meeting effectively. A suitable internet connection is also required to access The Health Fix website, coaching app, and any other web based educational or coaching materials.

 

  1. The Health Fix or your coach may capture photographs, screenshots, screen recordings or video clips during your sessions, meetings and coaching communications. You acknowledge that any media captured by or sent to The Health Fix or your coach during in person or virtual meetings or at any other time are the property of The Health Fix. These images and recordings may be used by The Health Fix for future educational, coaching, or marketing materials at any time and without additional notice or consent.

SMARTPHONE APP

The Health Fix smartphone app, also known as ‘Fitness App’, ‘Training App’ ‘Trainerize’ or ‘ABC Trainerize’ is used to deliver coaching programs, to facilitate communication with your coach(es), to access exercise demonstrations, health & fitness metric tracking, and other pre-purchased or on demand private and group coaching content. You accept that the app is an extension of the site and services and is subject to the Terms of Service outlined in this document. Access to the app may be dependent on an active paid membership to The Health Fix services. By using the app you also agree to the terms of use of ABC Trainerize (https://www.trainerize.com/endUserTerms) .

 

To access the app you must equip yourself with suitable smartphone device that is capable of operating the latest version of the training app. You must install any available updates to the app whenever they are released. The Health Fix will not be held responsible for any technical issue relating to the function of the app, especially pertaining to but not limited to an unsuitable or poorly functioning device and or user incompetence, or a technical issue being experienced by ABC Trainerize or any other 3rd party. On occasion and when necessary The Health Fix or your coach may deliver coaching, courses, or other services outside of the app. You will be informed how to access these services when relevant.

ONLINE PAYMENTS

You can purchase the Services on the Site. We accept credit and debit cards issued by Visa & Mastercard. You authorize and agree that the payment method you submit may be used automatically by The Health Fix or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, The Health Fix may obtain preapproval for an amount up to the amount of the payment. You agree to allow The Health Fix or its payment processor to securely store your payment method. You understand and acknowledge that Services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to The Health Fix.

 

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If The Health Fix is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, The Health Fix may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from The Health Fix with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Service.

 

In the event a service, membership, subscription or product is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the service, membership, subscription or products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

SUBSCRIPTION TERMS

If you purchase a subscription to our services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription. If you cancel your subscription, your account will automatically close at the end of the final billing period. After the minimum subscription period (where applicable), you can cancel your subscription at any time. You must cancel the subscription within the first 5 days of a billing cycle in order that the subscription will be terminated at the end of the same cycle. Any notification to cancel after the 5th day of the current billing cycle will be cancelled at the end of the following billing cycle. The Health Fix may from time to time change the price of your subscription and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use The Health Fix’s services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from or cancelling the subscription or service prior to the price change going into effect.

PAYMENT METHODS

Most of our transactions are processed by woocommerce & Stripe. Occasionally and as necessary other payment processors may be used.

RETURN / REFUND POLICY

  • Fees for all services, subscriptions, memberships, training packages or merchandise are fixed and non-negotiable

 

  • Subscriptions and membership services and products are charged monthly and automatically.

 

  • Unless stated otherwise the minimum sign up period for membership to The Health Fix and for other training and mentoring packages is 6 calendar months. If you subscribe to a 12 month program and for whatever reason decide to cancel, you may do so within the first 6 months of that years commitment. You must provide 30days written notice. There will be a 25% charge for each unused month cancelled within the first 6 month period.

 

  • As with all internet purchases, you may request a cancellation and full refund within the first 14 days of purchase IF you have not yet received or participated in any service, activity, membership, or your received or used a product or merchandise from us. Note that upon commencement of your participation in any training program, membership, group class or mentoring relationship, OR the acceptance or use of any product or merchandise, you waive your right any cancellation or refund that would otherwise be relevant to the 14 day internet purchase refund option

 

  • We are unable to refund payments for digital subscriptions and or downloadable products unless there are exceptional circumstances, which we will assess on a case-by-case basis. If we then decide that exceptional circumstances apply, we may, at our reasonable discretion, give you a refund based on services not yet provided. Your right to cancel is unaffected. Please contact The Health Fix team if you would like to discuss cancelling your subscription.

 

  • MONEY BACK GAURANTEE – when offered, terms of a money back guarantee will be detailed adjacent to the product or service details to which the guarantee applies. When a guarantee is offered in the case of ‘no measurable results’, the service will be cancelled and refunded at the discretion of The Health Fix, and only when there has been full participant compliance with all coaching and mentoring guidance and instructions.

 

  • COUPONS & DISCOUNT CODES – When offered, any vouchers, coupons or discounts must be redeemed at time of purchase or subscription. Vouchers, coupons or discounts can not be applied retroactively. All vouchers and coupons must be redeemed prior to any stated expiry date. Additionally, The Health Fix reserves the right to cancel or invalidate any promotional discounts, vouchers or coupons at any time without advance notice or explanation.

PRIVACY & SECURITY POLICY

Thank you for visiting the The Health Fix website. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

 

Note: the privacy practices set forth in this privacy policy are for web sites within the The Health Fix portfolio. If you are transferred or linked out to other third party web sites, please review the privacy policies posted at those sites. The Health Fix is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

 

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific requests. When submitting your details via our website, you agree to and understand that you may also be subscribed to our email marketing communications and publications. You may unsubscribe from this communication at any time.

ELECTRONIC COMMUNICATIONS

When you use The Health Fix website or services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. The Health Fix may contact you by telephone, mail, or email to verify your account information. The Health Fix may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the site and the services until you provide the information to us as requested.

COOKIE/TRACKING TECHNOLOGY

This site and any other within the The Health Fix portfolio may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

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LET'S GET STARTED!

Welcome to The Health Fix!

 

To start your journey towards optimal health and fitness choose one of the options below . . .

If you have a general enquiry or are unsure which package is right for you, send us a message and we’ll be in touch to answer all your questions.

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SCHEDULE A FREE CONSULTATION SESSION

Use the booking widget below to select the date and time that is most convenient for you.

If you have an issue with the booking widget or are unsure which scheduling option might be best, contact us here and we’ll be glad to assist.

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SCHEDULE A COACHING CALL . . .

Use the booking widget below to select the date and time that is most convenient for you.

If you have an issue with the booking widget or are unsure which scheduling option might be best, contact us here and we’ll be glad to assist.

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SCHEDULE A COACHING CALL . . .

Use the booking widget below to select the date and time that is most convenient for you.

If you have an issue with the booking widget or are unsure which scheduling option might be best, contact us here and we’ll be glad to assist.

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CHOOSE YOUR TRAINING PACKAGE

Select the mentoring package that best suits you – upon completion of your purchase we’ll be in touch very soon to schedule your first meeting and get you set up with all that you need!

If you have a general enquiry or are unsure which package is right for you, send us a message and we’ll be in touch to answer all your questions.