I have read and accept the Terms and Conditions of this Website. I have read and accept the terms and conditions of this Website. I have also spoken to my healthcare provider about the suitability of the Restore Your Program for my medical situation and personal circumstances and understand Shira Kramer takes no responsibility for my specific medical situation.
The Shira Kramer and ‘Restore Your Core’ program websites at www.shirakramer.com.au and any related mobile applications (together, the Website) and the platforms, programs, products, materials and services (together, the Services) are owned and operated by Shira Kramer Pty Ltd ACN 618991807 (Company, we, us, our). The term “you” refers to any purchaser and/or user of any of our Services.
Using the Services in any way other than what is expressly stated in the Agreement will amount to a material breach of the Agreement, in which case the Agreement may be terminated in accordance with the Termination provisions as outlined below.
- PERMITTED USE
The Website and Services are designed to provide a place where women can access and share information about women’s health, pregnancy, postnatal fitness and recovery, physiotherapy, exercise, nutrition and wellness.
The information and material contained in or available through the Website or Services (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual Users.
You agree that your use of the Services and Website (and reliance on any information contained therein) is at your own risk.
Seek Professional Medical Advice
The Website, Services and Information may include features that promote exercise programs or other physical activity. You acknowledge that there are risks involved with engaging in physical activity and agree to consult with a qualified healthcare professional before engaging in any exercise programs or other physical activity promoted through the Website.
You should not engage in any exercise program or other physical activity if your healthcare professional advises against it and you must consult a qualified medical professional if you have any questions concerning your medical condition, health or injury.
None of the Information is intended to be used or relied on as medical advice or to diagnose, treat, cure or prevent any medical condition. Users are responsible for making their own inquiries and seeking independent medical advice from a qualified healthcare professional before relying on any Information.
Before relying on the Information on the Website, you should carefully evaluate the accuracy and relevance of the Information for your purposes and obtain appropriate professional medical advice.
You should immediately seek medical attention if there are any unanticipated or concerning changes to your physical condition at any time.
For participants of the Restore Your Core program (RYC), please consult with your women’s health physiotherapist if you have any concerns throughout the program about your recovery, fitness, health or any injury or other health or body concerns.
Fitness Level and Participation
RYC is designed for post-partum women seeking to restore their core after childbirth, including women who are breastfeeding their babies.
Whilst no particular level of fitness is required for this program and it is designed for women seeking to restore their pelvic floor and core strength after pregnancy and childbirth, persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs.
You are responsible for making your own inquiries and should seek independent advice from a qualified healthcare professional and/or specialised women’s health physiotherapist (for RYC participants) before acting on any Information made available to you through our Website or Services.
The Information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
In particular, if you fall within one of the following classes of persons, then you should first consult a qualified healthcare professional before following any exercise programs (including RYC) or using any of the Information:
- Postpartum and breastfeeding women
- persons with any ongoing physical condition or illness such as persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure,
- persons with eating disorders;
- persons with heart conditions, diabetes, blood pressure or cholesterol issues;
- elderly persons;
- persons recovering from or recently recovered from illness or injury; and
- persons with a low body mass index.
Even if you do not fall into the above classes of persons, you acknowledge that the Service/s 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.
Our Services do not include any supervision or monitoring of your individual activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death.
Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities.
By participating, you are doing so voluntarily and at your own risk.
To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; and
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community; or that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
Information Provided on Website
All Information provided by us on the Website is provided in good faith.
We derive our Information from sources that we believe to be accurate and up-to-date as at the date of publication. We may update any Information at any time but you acknowledge that the Information may not be the most current knowledge.
In addition, to the extent permitted by law, we do not make any representations or warranties that any Information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the Services.
To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any Information or material available on the Website or through the Services.
RYC includes information from experts on health, physiotherapy, nutrition and fitness. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide women’s health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, independent diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be, and should not be construed as, an endorsement, promotion or recommendation by Shira Kramer or the Company.
Quality of Website
We do not promise that the Website and Services will be error-free or uninterrupted.
The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features.
We cannot guarantee receipt of emails, or other Internet-based communications such as via Facebook or Twitter or other social media platforms. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Slow internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
General Use and Compliance
You agree to comply with all laws, rules and regulations applicable to your use of the Services, not to encourage or enable any other individual to infringe any laws rules or regulations.
You agree you must not interfere or disrupt the Services, Website or servers or networks connected to the Services or Website.
You agree not to engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- harvest or collect email addresses, photographs or personal information of other users;
- impersonate any person or entity;
- post or transmit false or misleading material or make any form of misleading or deceptive representation;
- knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person or entity;
- use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or Website, or in any way reproduce or circumvent the structure or presentation of the Services or Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services;
- manipulate identifiers in order to disguise the origin of any communication you send to or through Shira Kramer or the Company or the Website;
- pretend that you are, or that you represent someone else, or impersonate any other individual or entity;
- defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Services or Website;
- seek to trace any information of another User, including an account not owned by you, or exploit the Services or Website in any way where the purpose is to reveal information;
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- breach the security or authentication procedures of the Services or Website, or any network connected to the Services or Website, in an attempt to gain unauthorised access to any part of the Services or Website by hacking, password “mining” or any other illegitimate means.
You acknowledge that we may make changes to the Website or the Services provided through the Website. Access to the Website depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Website all times or at any specific times.
- USER ACCOUNTS
About the RYC Program
RYC is an 8-week online exercise and recovery program course run by Shira Kramer, Founder of RYC and expert women’s health physiotherapist.
RYC is the result of Shira Kramer’s 10+ years experience as a women’s health physiotherapist, helping over 5000 women recover post-childbirth with safe and effective exercise, including restoring core muscle function and diastasis recti (DRAM) recovery.
During her time as a professional women’s health physiotherapist, Shira has helped develop her own exercise method and training technique that has produced amazing results for her clients, which she now shares with Mums in RYC.
There is no formal screening process or criteria for registration to our RYC program however to establish your suitability for RYC (and to ensure you have made the appropriate medical enquiries), you may be asked to answer a screening questionnaire when you sign up. Admission to RYC is on the sole discretion of Shira Kramer and the Company.
You may be provided with a User Account or digital portal to access the Services and the RYC platform through our Website, as amended and updated from time to time. This will generally include your username and password to enable you to login in as a Member on our Website.
During the RYC program, you will have access to instructional exercise videos, bonus material to help support and enhance your training, and tips from Shira Kramer to help you get the results you need. You will also have access to exclusive interviews and tips from popular blogger, Sophie Cachia (also known as The Young Mummy), and Rebecca Judd, model, presenter, entrepreneur and Mum of 4. We may include other experts and/or interviews in the RYC program from time to time.
Upon registration and approval as a member, you will be provided with a User Account and asked to create a password. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our Services in the manner specified on the Website.
You acknowledge that the Company is entitled to suspend or terminate your use of the Website or membership at any time if the Company or Shira Kramer considers that you have brought, or may bring, the reputation of Shira Kramer, RYC, the Company or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
You agree and acknowledge that all information you provide to Shira Kramer and/or the Company will be true, accurate, current and complete.
You agree you will not sell, transfer, license or assign your User Account, username, or any Account rights, and that you will not create an Account for anyone other than yourself.
You agree you are responsible for maintaining the confidentiality of your Account and your Account password. You agree you are responsible for all activity that occurs via your Account and you acknowledge that the Company and Shira Kramer may, at their discretion, suspend or terminate your Account, and refuse any and all current or future use of the Services.
For RYC Members, you will be given four (4) months’ access to the RYC platform through your User Account. Neither Shira Kramer nor the Company take any responsibility for updating the content accessible through the Services
The Company is responsible for the support and maintenance of the Company’s Services only. The Company may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
- USER-GENERATED CONTENT
This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (User-Generated Content) and may also allow you to see User-Generated Content submitted by other persons.
You agree you are responsible for your conduct and User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Services, or in any way connected with the Services or Website.
You agree you may not use the Services to use, submit, post or display any content that (i) you do not have permission, right or license to use; (ii) is objectionable, offensive, unlawful, deceptive or harmful; (iii) is personal, private or confidential information belonging to others; (iv) requests or displays personal information from a minor; (v) impersonates or misrepresent your affiliation with another person, or entity; (vi) is transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; (vii) plan or engage in any illegal, fraudulent, or manipulative activity.
Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:
- you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User-Generated Content to the Website;
- you grant to us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, non sub-licensable and world-wide licence of the intellectual property rights in the User-Generated Content to use, modify, copy, cache, store, archive, sub-licence, distribute, reproduce, adapt, transmit, create derivative works, publish and/or broadcast, exhibit, synchronise, edit, adapt, publicly perform, communicate and publicly display in any manner and by any means which we may determine;
- your User-Generated Content, and the licence that you grant to us under paragraph (b), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph; and
- to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User-Generated Content which would otherwise constitute an infringement of your moral rights that you may have in the User-Generated Content. To the extent that a waiver (rather than consent) is required in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation, to monitor and review User-Generated Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content for any reason (or for no reason at all).
Notwithstanding our right to monitor, review and edit any User-Generated Content, we are not obliged to do so. We accept no responsibility or liability for any User-Generated Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content of any other User, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
You acknowledge that other users may use, view and download your User-Generated Content. We are not responsible for how other users will use your User-Generated Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
Some User-Generated Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
If you believe that your rights have been infringed by any other User Content, or wish to report any User-Generated Content that does not comply with these terms, please contact our administrator at firstname.lastname@example.org
- GRANT OF LICENCES
BY THE COMPANY TO YOU
The Services are the property of the Company and its licensors, and are licensed, not sold to you under this Agreement.
You agree you may not (i) copy, modify, or create derivative works based on the Services (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) modify, decompile, or disassemble the Services.
BY YOU TO THE COMPANY
- THIRD PARTY AND EXTERNAL SERVICES
The Company may enable access to third-party Services and Content (External Services) however to the extent you choose to use such External Services you agree the Company does not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.
You agree that neither Shira Kramer nor the Company shall be responsible or liable for any loss, damage, refunds, expenses, claims or other matters of any sort that are incurred as the result of such dealings with External Services.
We do not accept responsibility for any loss, liability or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from External Services including the acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors.
We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User-Generated Content of other users of the Website referred to below).
Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
The Website and Services (or User-Generated Content) may contain links to third party websites and resources. We cannot, and do not, guarantee, represent or warrant that the content contained in the third party websites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer.
You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to email@example.com
We may investigate the claim and take appropriate action, in our sole and absolute discretion.
- PURCHASES AND PAYMENTS
All purchases and orders are subject to acceptance by the Company. Acceptance and continued access to our Services is always subject to payment first being made by you.
For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or program that is the subject of your order.
Payment Gateways and Merchants
The Company may use a payment-processing merchant (such as PayPal) for purchases and payments, or payment platforms, where you may be directed. By purchasing the Services, you agree to comply with the Company’s terms of Purchases and Payment as well as those provided by the payment- processing merchant or those of the payment platform.
The Company reserves the right to change the preferred payment gateway, from time to time, without notice to any Customers. All transactions are processed in AUD figures.
We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected.
Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the Services. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by our fraud or the fraud of our employees.
To the extent that you provide the Company with your credit card(s) information for payment on your account, the Company shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein.
If you use a multiple-payment plan to make payments to the Company, the Company shall be authorised to make all charges at the time they are due and not require separate authorization in order to do so.
You shall not make any charge backs to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to the Company without notifying the Company in advance.
If you pay using the Afterpay platform, all Afterpay transactions are approved by Afterpay and will be done so according to their approval process.
Not all Services will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services relevant to you.
By purchasing any of the Services, therefore, being a party to a Sale, you agree to the cost of sale (Service Price), as advertised by the Company at the time of the Sale. Access to the Services will only be granted after payment of the Service Price.
The Company reserves the right to change the Service Price of any Services from time to time, without notice to Users, however the Company may not change the price of an agreed Sale.
The Company may use platforms such as Afterpay from time to time to offer you payment plan options for our products and Services.
If you have selected an option for a Payment or Instalment Plan using Afterpay, your initial payment and agreement to the plan will be deemed payment for the purpose of accessing the Services.
At this time, Afterpay is only available to Australian customers over 18 years of age who have an Australian debit or credit card. Whether or not you are able to pay through AfterPay is not our responsibility and if you pay through such a third party platform, you are bound by their terms and conditions.
All Afterpay transactions are approved by Afterpay and will be done so according to their approval process. Late or unpaid payments are subject to a late fee, payable to Afterpay. Afterpay assumes all end-customer non-payment risk for every transaction and we do not accept any liability for non-payment by you or default on your payments.
See Afterpay Terms and Conditions for full details here.
Options for any Payment Plans and/or Payment Plan Extensions outside of the use of the Afterpay platform are entirely discretionary. The Company reserves the right to grant or refuse Payment Plan options.
If you paying by way of a Payment Plan, the Company reserves the right to halt or terminate access to the Website and/or Services to prevent access to upcoming content if payments are not being made (including defaulting on Afterpay payments).
If an application for a Payment Plan Extension is declined, your final payment for the full Service Price will be due and payable upon the date agreed to in the Payment Plan. The Company reserves the rights to recover the full Service Price.
Payments are GST inclusive. We will issue an invoice authenticating that the Company has received payment and you have paid for the program or Service. The receipt of payment that we issue to you will be a Tax Invoice in accordance with applicable legislative requirements relating to GST.
You agree to be financially responsible for all purchases and payments made by you or someone acting on your behalf. You agree to use our Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You agree to only purchase the Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
- CANCELLATION AND REFUNDS
Your satisfaction with the Services is important to us.
Consumer law protection
We note that our Services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Otherwise, subject to the above consumer legislation and the exceptions listed below, you will not be able to terminate your subscription once enrolled in RYC (or other programs that form part of the Services or Website from time to time) and refunds are discretionary.
The Company reserves the right to grant or refuse refunds in exceptional circumstances and we do not offer refunds for change of mind. If you voluntarily decide to withdraw from the Services at any time or for any reason, you still will remain fully responsible for the full cost of the Services.
We only offer refunds or options to replace or re-schedule the Services (where applicable) in exceptional cases, including injury, illness, death or force majeure. To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.
Should you need to request a refund for RYC or another Service due to medical reasons, you need to provide us with a doctor’s certificate stating that you are unable to perform physical exercise and/or the exercises demonstrated in the program or Service. You may contact our support team at firstname.lastname@example.org to request a refund for medical reasons.
Upon receipt of a refund, your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.
- SECURITY OF INFORMATION
While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by using the Website or Services and any information that 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 information.
This Website seeks to adhere to the “Internet Industry Code of Practice” (IICP) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:
- encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content;
- notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law;
- warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting cybersmart.gov.au, or following the link in the bullet point below;
- encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter
- notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting acma.gov.au;
- encourage you to contact our support team at email@example.com you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.
- INTELLECTUAL PROPERTY
For the purposes of this clause, the following terms are defined as follows:
Intellectual Property Rights means all intellectual property rights at any time protected by statute or common law, throughout the world, including:
- patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names, know-how, methodologies and trade secrets, and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world, whether or not such rights are registered or capable of being registered.
You acknowledge and agree that the Services contain information and material that is owned by the Company, and is protected by all Intellectual Property and Copyright Laws recognised throughout the world (including the Copyright Act 1968 (Cth)), whether existing under statute, at Common Law or in equity, now or hereafter in force.
Specifically, all digital products, e-books, PDF downloads, resource material, videos and online content are subject to copyright protection. You are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) you purchased to any third party or person. In some cases, the Company may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.
You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to the Company’s Users, Licensors, External Service Providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
You are granted no right or license with respect to the Company trademarks, service marks, graphics, and logos used in connection with the Services and Website.
All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
- sharing the content of this Website or your account with other persons;
- publishing or posting any of the content (such as exercise programs) on any other website, including on social media pages or websites;
- using the logo or trade marks of this Website, Shira Kramer and/or RYC to describe, market, endorse or promote any goods or services (including goods and services such as personal training or fitness services);
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Shira Kramer; and
- systematic downloading or “scraping” of the Website content.
The Company, in its sole and absolute discretion, may suspend or terminate your access and/or future access to the Services, or refuse registration, effective immediately, with no liability to you or any third party for the following reasons:
- Where at any time you have committed any act of wilful or serious misconduct;
- Where you have created a risk or possible exposure for the Company or Shira Kramer;
- Where there are unexpected technical issues or problems;
- At the request of a law enforcement or government authority; or
- Upon a request by you.
This clause 11 will survive Termination of our agreement.
- WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.
THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF SHIRA KRAMER AND/OR THE COMPANY IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH THE COMPANY IS ENTITLED TO DO SO, THE COMPANY LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF ANY GOODS, AT THE COMPANY’S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT THE COMPANY’S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT THE COMPANY’S LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF OPPORTUNITY WHETHER THE LOSSES BE DIRECT OR INDIRECT) ARISING FROM YOUR USE OF ANY OF THE SERVICES OR WEBSITE OR LINKED WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, WEBSITE AND/OR CONTENT (AND RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES) INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE THE COMPANY AND SHIRA KRAMER FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE THE COMPANY AND SHIRA KRAMER FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
- WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, LOSSES, EXPENSES, COSTS OR DAMAGE SUFFERED BY US, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY’S REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- TERMS IMPLIED BY LAW
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to Services, re-supplying, or paying the cost of re-supplying, those Services.
- GOVERNING JURISDICTION
- PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights.
Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
FOR ENQUIRIES, CONTACT US AT: firstname.lastname@example.org
From time to time you may order products from Restore Your Core that you wish to return. Say you try the products and you have ordered the wrong size Gym Ball or the products are not what you thought, or simply you just change your mind, Restore Your Core offer a complementary return policy free of charge (subject to eligibility conditions in this Returns Policy)
The first thing to do is check that you are eligible for a refund.
- ELIGIBILITY CRITERIA FOR FREE RETURNS AND A REFUND
1.1. In order to be eligible for free returns and a refund, you must meet the following eligibility requirements:
(a) The products you are returning must have been purchased on shirakramer.com.au and received by you at your delivery address; AND
(b) The products you are returning must have been purchased and delivered within Australia only and not internationally; AND
(d) The products you are returning must be returned in the original condition that the products were in when you received them. Upon inspection, shirakramer.com.au must be satisfied that the products returned are in the original condition that the products were in when you received them.
The products being returned:
- Must be returned in the original manufacturer’s packaging, undamaged (including any tissue paper, cardboard, plastic, boxes or similar); AND
- Must include all of the original manufacturer’s labels and stickers attached to the products as they were when received by you; AND
- Must be returned with all parts to the products included and assembled as they were when received by you; AND
- The products being returned must have been sent by you to the Return Address specified in this Returns Policy only;
(c) You must have returned and shirakramer.com.au must have subsequently received at the Return Address specified the products you are returning within 14 days after the date your order was submitted to and received by shirakramer.com.au or, in the case of an exchange or subsequent return, within 14 days of the date shirakramer.com.au ships the substitute product.
(d) The products that you are returning must be the same products (including the same size, style and so on) ordered in the original transaction and not substitute products resent to you as part of an exchange or return (you are only entitled to one free return per order.
1.1. If you do not meet any one of these eligibility criteria, we may not process your request for a free return or a refund.
1.2. If all of the other eligibility criteria in Clause 1.1 are met and you follow the Returns Process we will process a refund in full for you and returns will be free of charge to you.
1.3. If you have returned products to shirakramer.com.au and we confirm that you have not met the eligibility criteria in Clause 1.4, we will contact you to arrange return of the products to you at your own cost.
1.5. shirakramer.com.au reserves the right at all times to refuse to refund products where we consider an excessive number of returns have been made by you in any period of time.
1.6. If you choose to return any products, you will be solely responsible for any loss or damage to the products whilst in transit to shirakramer.com.au.
- RETURNS PROCESS
2.1. Please email us at email@example.com outlining that you would like a return and we’ll email you a Returns Label.
3.1. We accept exchanges of products for different sizes. If you wish to exchange a product for a product of greater price than the price of the original product purchased, you will be required to pay the difference in price between the two products. You may be eligible for a partial refund if you wish to exchange the product originally purchased for a substitute product with a lower price. Please contact us at firstname.lastname@example.org outlining your exchange request. When exchanging for a different size in a particular style, we may not have in stock your required size of the substituted product.
- PROCESSING OF REFUNDS
Eligible refunds will be processed in accordance with this Returns Policy.
4.1 Where the transaction for your order in which the products being returned was made:
(a) Solely with a credit card or PayPal a refund will be processed via either your credit card or PayPal account, whichever was used in the original transaction;
4.2. For eligible refunds, the amount refunded will be the advertised price of the products at the time the original transaction took place, less any discount applied to the purchase as a result of a Promotional Code being used.
4.4. Please allow 10 days from the date your returned products are received at shirakramer.com.au for your return to be processed.
- MANUFACTURING DEFECTS
5.1 Under this Returns Policy, a Manufacturing Defect includes products that are:
(a) Damaged; or
(b) Broken; or
(c) Worn; or
(d) Display poor workmanship; or
(e) Have parts missing or are in some way incomplete; or
(f) Substantially inconsistent with product stock photographs or product descriptions; or
(g) Not fit for the purposes for which they could reasonably be considered to be used.
5.2. Where products are claimed to have a Manufacturing Defect and the products are returned, shirakramer.com.au will, upon receipt, inspect the products. If after thoroughly inspecting the products:
(a) a Manufacturing Defect has been confirmed, shirakramer.com.au will contact you to arrange for either a refund in accordance with section 4 of this Returns Policy or to arrange for a replacement of the Good to be sent to you at no extra cost to you.
(b) we determine there to be no fault with the products, we will contact you to arrange return of the products at your own cost.
- Return Address – (*need to add)
Please send all products being returned to the following return address: