Terms and Conditions

These terms and conditions apply to the use of this Site, The Stretch Hub: Stretch Australia Pty LTD mobile device application (“the App”), and the Online Mobility and Stretching Program accessible via this Site and the App (“the Program”). The Site, App, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.

During The Stretch Hub membership, subject to these Terms, The Stretch Hub grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. The Stretch Hub (Stretch Australia Pty Ltd) reserves all rights not expressly granted herein in the Services. The Stretch Hub (Stretch Australia Pty Ltd) may terminate this license at any time for any reason or no reason.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“App” means that part of the Online Content delivered and made available via a mobile (eg smart phone) device, as contrasted to a laptop or personal computer device, and downloaded through a Participating App Store;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of Online Mobility & Stretching Program by The Stretch Hub (Stretch Australia Pty Ltd) to you;

“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;

“Online Content” means the online content provided by The Stretch Hub (Stretch Australia Pty Ltd) to You, including but not limited to the consumer Exercise & Stretching content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by The Stretch Hub (Stretch Australia Pty Ltd) via the Site or the App;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Online Exercise & Stretching Program” means the online courses on a variety of topics relevant to The Stretch Hub (Stretch Australia Pty Ltd) including the Online Content purchased via the Site or the App;

“The Stretch Hub” is owned by Stretch Australia Pty Ltd;

“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application stores authorised by The Stretch Hub (Stretch Australia Pty Ltd) to distribute the App as a third party distributor.

“Services” means the services provided by The Stretch Hub (Stretch Australia Pty Ltd) which allows you to access the Online Content, Site, App and Program;

“Site” means the website thestretchhub.com;

”Site Terms” means these terms and conditions;

“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise & Stretching Program from The Stretch Hub (Stretch Australia Pty Ltd).

APPLICATION OF TERMS OF USE

The Services are owned and operated by The Stretch Hub (Stretch Australia Pty Ltd).
Through this Site or the App:

2.1 you can register as a member;
2.2 purchase access to the Online Mobility & Stretching Program; and
2.3 access the Online Content, subject to being eligible.

The Stretch Hub (Stretch Australia Pty Ltd) may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and the App and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.
The Stretch Hub (Stretch Australia Pty Ltd) reserves the right to vary or modify the information contained on this Site or the App, to change or discontinue any feature or part of this Site or the App, to change the hours of availability and the equipment required to obtain access to this Site or the App, without notice and without liability.

MEMBERSHIP AND MEMBER INFORMATION

You may be prompted to register for access to the Services on this Site or the App and to submit certain information in order to fully utilise the Online Exercise & Stretching Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site or the App which occur under your login and password.
You will be able to access and modify your membership details from either the App or the Site.
If you create and register an account via the App, You may create your account and registration manually on the App or via Facebook or other applicable third party social networking services (SNS) by permitting access to your SNS profile to populate account details.
Membership is non-transferable.
The Stretch Hub (Stretch Australia Pty Ltd) may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Settings’ page at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).
If you signed up for the App with a Participating App Store/Third Party provider, you may terminate your membership via the third party app store that supplied you the App at least 24 hours before the date when your next payment is due. Unless and until you do so, membership fees will continue to be charged, as per clauses 14 to 24 below (written notice via email is not sufficient).
You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
You must indemnify The Stretch Hub (Stretch Australia Pty Ltd) for any losses, costs, expenses or damages that The Stretch Hub (Stretch Australia Pty Ltd) may suffer or incur if any if the Member Information provided by you is not correct.
The Stretch Hub (Stretch Australia Pty Ltd) will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from The Stretch Hub (Stretch Australia Pty Ltd) isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from The Stretch Hub (Stretch Australia Pty Ltd)at any time.

PAYMENT TERMS

Billing Cycle

Membership is purchased on a reoccurring weekly basis of $ 4.99 or $ per 19.99/month, On occasion, Membership may also be purchased on a 3 month (quarterly) basis at $49.99.

APP STORE OR GOOGLE PLAY16. You authorise The Stretch Hub (Stretch Australia Pty Ltd) to collect/deduct payment immediately upon signup and thereafter on an automatic monthly , quarterly, bi-annual or, where relevant, annual basis.

The Program begins on the first Monday of every week.
18. Users will get immediate access and go into pre-season until the next program starts on a Monday, unless they sign up on a Monday, in which case they will go straight into Day 1 of the Program.
Where a member cancels their membership, they will continue to have access to the program until the end of their current billing cycle. If a member has purchased a monthly subscription and cancels within the first month of subscription, where the Program start date (i.e. the Monday) is later than the Subscription Date, the member may not get to complete a full program
The Stretch Hub (Stretch Australia Pty Ltd) does not provide refunds for partial memberships or where a member does not get to complete a full cycle (days) program due to cancellation of their membership during a cycle / days program that extends beyond their current billing cycle.
21. If payment fails on the monthly, quarterly, bi-annual or annual billing date, payment will be put through on the evening following the monthly billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the monthly billing date, and if payment fails on the third attempt, subscription will be cancelled (but all outstanding fees will continue to be owed).
The recurring payment is not a contract. Members can cancel the recurring payment by cancelling before the date when their next payment is due.
Unless you cancel your membership at least 24 hours before your monthly, quarterly, bi-annual or annual billing date, you authorise (?? APP STORE OR GOOGLE PLAY) The Stretch Hub (Stretch Australia Pty Ltd) to charge your next week, month’s, quarter’s, membership fee to your chosen payment method.

PRIVACY

The Stretch Hub (Stretch Australia Pty Ltd) may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to The Stretch Hub (Stretch Australia Pty Ltd)Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for The Stretch Hub (Stretch Australia Pty Ltd) to deal with your personal information

SECURITY OF INFORMATION

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site or the App.

LINKS TO OTHER SITES

You may be able, through hypertext or other computer links, to gain access to other sites operated either by The Stretch Hub (Stretch Australia Pty Ltd), its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under The Stretch Hub (Stretch Australia Pty Ltd) control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, The Stretch Hub (Stretch Australia Pty Ltd) is not responsible for the content of any Linked Sites, or any changes or updates to such sites. The Stretch Hub (Stretch Australia Pty Ltd) provides these links for your convenience only. You link to any such Linked Sites at your own risk. The Stretch Hub (Stretch Australia Pty Ltd) is not a party to any transaction between you and a Linked Site. Unless specified, The Stretch Hub (Stretch Australia Pty Ltd) does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE OR THE APP)

The Stretch Hub (Stretch Australia Pty Ltd) does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site or the App (Information) or that it is suitable for your intended use. The Information is provided by The Stretch Hub (Stretch Australia Pty Ltd) in good faith on an “as is” basis without warranty of any kind.
The Stretch Hub (Stretch Australia Pty Ltd) does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site or the App and the Information is at your own risk.
All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
The Stretch Hub (Stretch Australia Pty Ltd) makes no warranties, guarantees or representations that the material in this Site or the App will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
The Stretch Hub (Stretch Australia Pty Ltd) recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site or the App is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

LIMITATION OF LIABILITY (USE OF THE SITE)

The Stretch Hub (Stretch Australia Pty Ltd) will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site or the App. Under no circumstances will The Stretch Hub (Stretch Australia Pty Ltd) be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site or the App results in the need for servicing or replacing of equipment, The Stretch Hub (Stretch Australia Pty Ltd) will not be liable for those costs.
Where liability cannot be excluded, any liability incurred by The Stretch Hub (Stretch Australia Pty Ltd) is limited to the re-supply of the Information on the Site or the App or the reasonable costs of having the Information re-supplied.
The Stretch Hub (Stretch Australia Pty Ltd) Cannot guarantee device compatibility with the App, or smooth running of the App on the member’s wireless carrier.

THIRD PARTY MATERIAL

Certain Information may include material from third parties.
You agree that The Stretch Hub (Stretch Australia Pty Ltd) is not responsible for examining or evaluating the content or accuracy of the third party material and The Stretch Hub (Stretch Australia Pty Ltd) does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that The Stretch Hub (Stretch Australia Pty Ltd) is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

© The Stretch Hub owned by Stretch Australia Pty Ltd 2022. All rights reserved.
You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of The Stretch Hub, Stretch Australia Pty. Ltd. or third party suppliers as the case may be.
No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without The Stretch Hub (Stretch Australia Pty Ltd) prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.
All trade marks and trade names which appear on this Site are proprietary to The Stretch Hub (Stretch Australia Pty Ltd) and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

The Stretch Hub (Stretch Australia Pty Ltd) takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by The Stretch Hub (Stretch Australia Pty Ltd) or individuals, groups or companies interacting with the Services, you can notify us at info@stretchaustralia.com.au

SPAM

The publication of The Stretch Hub (Stretch Australia Pty Ltd) email addresses on this Site is to facilitate communications relating to the Online Exercise & Stretching Program and Services supplied by The Stretch Hub (Stretch Australia Pty Ltd). It must not be inferred as consent by The Stretch Hub (Stretch Australia Pty Ltd) to receive unsolicited commercial electronic messages

MEMBER SUBMISSIONS / User Generated Content

From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Exercise & Stretching Program (Member Submissions). You irrevocably grant to The Stretch Hub (Stretch Australia Pty Ltd) a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of The Stretch Hub (Stretch Australia Pty Ltd) all moral rights in any jurisdiction.
You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify The Stretch Hub (Stretch Australia Pty Ltd) for any losses, costs, expenses or damages that The Stretch Hub (Stretch Australia Pty Ltd) may suffer or incur as a result.
The Stretch Hub (Stretch Australia Pty Ltd) reserves the right, but not the obligation, to review, edit or delete any Member Submissions that The Stretch Hub (Stretch Australia Pty Ltd) deems to be illegal, offensive or otherwise inappropriate.

BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE & STRETCHING PROGRAM

49 . From time to time, The Stretch Hub (Stretch Australia Pty Ltd) will offer Online Exercise & Stretching Program for sale.

These Site Terms apply exclusively to every Contract.
Any quotation, displayed price, order list or order confirmation provided by The Stretch Hub (Stretch Australia Pty Ltd) to you for the proposed supply of Online Exercise & Stretching Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with The Stretch Hub (Stretch Australia Pty Ltd) on these Site Terms.
A Contract is formed when The Stretch Hub (Stretch Australia Pty Ltd) confirms acceptance of your order and receipt of your payment.
You must not purchase the Online Exercise & Stretching Program for the purpose of re-supply.
The Stretch Hub (Stretch Australia Pty Ltd) in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE EXERCISE & NUTRITION PROGRAM

You agree to pay for Online Exercise & Stretching Program in the manner specified in these Terms and on the Site.
Prices displayed for the supply of Online Exercise & Stretching Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise & Stretching Program.
Subject to clause 64, payment for the Online Exercise & Stretching Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise & Stretching Program until payment is received.
You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise & Stretching Program.

DELIVERY OF ONLINE EXERCISE & STRETCHING PROGRAM

The Stretch Hub (Stretch Australia Pty Ltd) will make the Online Exercise & Stretching Program available for access from the Site.
Any period or date for the access of the Online Exercise & Stretching Program stated by The Stretch Hub (Stretch Australia Pty Ltd) is an estimate only and not a contractual commitment.
The Stretch Hub (Stretch Australia Pty Ltd) will use its reasonable endeavours to meet any estimated dates for access to the Online Exercise & Stretching Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
You must advise The Stretch Hub (Stretch Australia Pty Ltd) in writing within 72 hours after been advised that the Online Exercise & Stretching Program is available for access from the Site:

62.1 of the inability of the Online Exercise & Stretching Program to be accessed.

62.2 if there is damage to the Online Exercise & Stretching Program; or

62.3 that the wrong Online Exercise & Stretching Program has been received.

Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

CANCELLATIONS AND REFUNDS

If The Stretch Hub (Stretch Australia Pty Ltd) is unable to deliver or provide the Online Exercise & Stretching Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, The Stretch Hub (Stretch Australia Pty Ltd) will refund to you the purchase price.
No purported cancellation or suspension of an order or any part of it by you is binding on The Stretch Hub (Stretch Australia Pty Ltd) once the order has been accepted and payment confirmed.
You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
The Stretch Hub (Stretch Australia Pty Ltd) will not otherwise provide any refunds so choose carefully. *We do not provide refunds should you change your mind after purchase.*

TERMINATION OF ACCESS

Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 34 through 36 inclusive will nevertheless survive any such termination.

USE OF ONLINE EXERCISE & STRETCHING PROGRAM

You acknowledge and agree that all Online Exercise & Stretching Program is protected by copyright or other intellectual property rights and laws and remain the property of The Stretch Hub (Stretch Australia Pty Ltd) or third party suppliers as the case may be.
Other than as required to use the Online Exercise & Stretching Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Exercise & Stretching Program;

(b) modify or make any alterations, additions or amendments to any part of the Online Exercise & Stretching Program;

(d) convert the Online Exercise & Stretching Program into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Exercise & Stretching Program or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

Regardless of whether the Online Exercise & Stretching Program includes security technology that limits your use of the Online Exercise & Stretching Program, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF THE ONLINE EXERCISE & STRETCHING PROGRAM)

Personal Injury Disclaimer

The Stretch Hub (Stretch Australia Pty Ltd) does not warrant or represent that the Online Exercise & Stretching Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
Online Exercise & Stretching Program may include material from third party authors or suppliers.
You agree that The Stretch Hub (Stretch Australia Pty Ltd) is not responsible for examining or evaluating the content or accuracy of the third party material and The Stretch Hub (Stretch Australia Pty Ltd) does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
The Stretch Hub (Stretch Australia Pty Ltd), its authors or its suppliers may make changes to Online Exercise & Stretching Program at any time in their sole discretion without notice or liability.
The Stretch Hub (Stretch Australia Pty Ltd) reserves the right to suspend, remove, or disable access to Online Exercise & Nutrition Program at any time without notice or liability.

LIABILITY (ONLINE EXERCISE & STRETCHING PROGRAM AND SERVICE)

Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Exercise & Stretching Program or Services, the agreement between you and The Stretch Hub (Stretch Australia Pty Ltd) not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Exercise & Stretching Program or the Services or any contractual remedy for their failure.
If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against The Stretch Hub (Stretch Australia Pty Ltd) for failure of a statutory guarantee under the ACL.
Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by The Stretch Hub (Stretch Australia Pty Ltd) in relation to the Online Exercise & Stretching Program or the Services or their use or application.

MISCELLANEOUS

By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of NSW. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
The Stretch Hub (Stretch Australia Pty Ltd) failure to enforce any of these Site Terms shall not be construed as a waiver of any of The Stretch Hub (Stretch Australia Pty Ltd) rights.
If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

LICENSED APPLICATION – ACKNOWLEDGMENT

These Terms and the license granted herein are between The Stretch Hub (Stretch Australia Pty Ltd) and You. Where you create and register an account with the App Store, Apple is not responsible for this licensed application and the content thereof. This license is limited to a non-transferrable license to use the licensed application on any Apple-branded products the user owns or controls. Apple is not responsible for any maintenance and support, warranty, production claims, intellectual property infringement claims.

TO RETURN TO THE SITE

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.

July 2022

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