Terms & Conditions of Use

Definitions

The terms “us” or “we” or “our” refers to the owner of the website and The Ultimate Shape Up program, Spotscreen Pty Ltd of Suite 12, 86 Francis Ave, Perth, Western Australia 6018, ABN 18 144 922 190.

A “Visitor” is someone who browses our website, but has not registered as Member.

A “Member” is an individual or Organisation that has registered with us to be a part of The Ultimate Shape Up.

Our “Product”, or “Program”, or “Service” represents the collective functionality and features as offered through our website and Program emails to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our website and other The Ultimate Shape Up communications, such as the emails received by our Members is collectively known as our “Content”.

Usage

These Terms & Conditions of Use govern the legal terms of our website (https://www.ultimateshapeup.com), sub-domains, any associated web-based and mobile applications and Product email communications (collectively, “website”), as owned and operated by Spotscreen Pty Ltd of Suite 12, 86 Francis Ave, Perth, Western Australia 6018, ABN 18 144 922 190. Phone 1300 305 230.

The Terms & Conditions of Use, along with our Privacy Policy and Disclaimer, and other posted guidelines within our Website, collectively “Legal Terms”, constitute an agreement between you and Spotscreen Pty Ltd. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By registering with or accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, and all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

Spotscreen Pty Ltd reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

At any time if you breach these Terms & Conditions of Use your account is subject to immediate suspension and/or termination at any time by Spotscreen Pty Ltd. Legal action may be sought against you as an Individual where deemed appropriate.

Account Registration

Registration can take place via the website www.ultimateshapeup.com or via confirmation of participation through your workplace (if registered via a corporate program).

If you utilise the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Spotscreen Pty Ltd additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.

Spotscreen Pty Ltd does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Age Restriction

The Ultimate Shape Up is only open to persons aged 18 or over. By registering you are certifying that you are at least 18 years old.

Medical Disclaimer

Before embarking on any new fitness, diet or exercise program, including The Ultimate Shape Up, you should seek professional medical advice from a Physician and other appropriate medical professional. This is particularly important if you have any pre-existing medical conditions which may be affected by a change to your diet and/or level of intensity (or frequency) of exercise you undertake.

No information or Content contained in the Website, or Program communication emails, is intended to be used as medical advice. The Website, weekly emails and any verbal or email communications from Spotscreen Pty Ltd and it’s staff are not intended to be used to diagnose, treat, cure or prevent any medical condition or for any therapeutic purposes.

Before relying on the information on the Website or throughout Spotscreen Pty Ltd communications, you should carefully evaluate the accuracy and relevance of the information for it’s purposes and obtain appropriate professional medical advice.

Membership Period

Following a successful registration (upon receipt of payment) your membership will be immediately active. Your membership will remain active for a period of 12 weeks. At the end of the 12 week period the program Content and information will no longer be available. To continuing using this Product after completion of your membership, additional program payment and re-registration may be required.

No Guarantees or Warranties

The Ultimate Shape Up is intended to assist in helping you achieve a healthier lifestyle. All information is provided in good faith and there are no guarantees that the information, recommendations or suggestions contained throughout the Websites will guarantee you to lose weight, achieve an increase in fitness level or an improvement in health.

Nutrition Information Disclaimer

All nutrition and diet information contained in the Website and other The Ultimate Shape Up communications, including recipes, serving information, nutritional values, recipe difficulty levels, ingredients, instructions and tips & preferences, are provided in good faith. While Spotscreen Pty Ltd used information derived from Nutrition Experts and other reliable third party resources, this information may contain inaccuracies.

Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. It does not take into account any special dietary requirements, including allergies, that may be specific to you. Please make appropriate adjustments to nutrition and recipe recommendations according to your special dietary requirements or allergies.

All nutritional values provided throughout the Website are estimated only and are based on the recommended ingredients listed. The actual nutritional values may vary according to the brand, type and quantity of ingredient you use in the preparation of a featured recipe.

The information relating to the amount of calories or kilojoules you are recommended to consumer per day to achieve your desired goal, are to be used as a guide only. Your specific circumstances or dietary requirements are not taken into account. You should seek appropriate professional medical advice from a Physician, Nutritionist or Dietitian to receive accurate advice on recommended calorie and kilojoule intake levels per day based on your specific requirements.

Recipes on the Website that are listed as Nut Free, Dairy Free, Gluten Free, appropriate for Vegans, Vegetarians and ‘Bulking’ or state other dietary details, are to be used as a guide only. They are not to be treated as fact. You should always review the contents of any specific ingredients you use while making any recipes to make the appropriate determination on whether the recipe satisfies your specific dietary requirements and will not adversely affect your health.

Fitness and Exercise Information Disclaimer

All fitness and exercise information contained in the Website and other The Ultimate Shape Up communications, including fitness plans, instructions and tips, are provided in good faith. While Spotscreen Pty Ltd used information derived from Fitness and Exercise Experts and other reliable third party resources, this information may contain inaccuracies.

Before relying on any fitness and exercise information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. It does not take into account any special fitness and health requirements, including pre-existing conditions, that may be specific to you. Please make appropriate adjustments to the fitness and exercise recommendations according to your specific health requirements.

The information relating to work out plans, cardio activities, and stretches you are recommended to complete to achieve your desired goal, are to be used as a guide only. Your specific circumstances, level of physical fitness or health conditions are not taken into account. You should seek appropriate professional medical advice from a professional, such as a Physician, Exercise Physiologist and Personal Trainer, to receive accurate advice on recommended exercise and fitness plans to suit your specific requirements.

Other Information Disclaimer

Other information contained on the website and other communications from Spotscreen Pty Ltd includes downloadable resources, motivational suggestions, tips, calculators, and any other information related to The Ultimate Shape Up. This information may contain inaccuracies and is intended to assist you in good faith. Any motivational or mental health awareness information is not medical advice. Graphs, data and calculations within the downloadable weight tracker may not be accurate and should be treated as a guide only.

Limitation of Liability

Spotscreen Pty Ltd take no responsibility for any injuries that you may suffer as a result of following the exercise program or diet information contained in our Website and communications. You acknowledge that your participation in the suggested activities may involve risks, including personal injury and death. Prior to participating in any activities or consuming any food from recipes provided, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, and risks that are not known to you or are not readily foreseeable at the time of participating in the activities.

By participating, you are doing so voluntarily and at your own risk. To the maximum extent permitted by law, we take no liability for injury as a result of following the exercise program or diet information contained in our Website and communications, including; (i) death; (ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (iii) the contraction, aggravation or acceleration of a disease; and (iv) 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: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community.

We also accept no liability in relation to costs, damages, expenses, loss data, loss profits, loss earnings, loss opportunity whether they be direct, indirect or incidental which are incurred through the use of our Website.

Material & Content License

Permission is granted to temporarily download or print a copy of the materials (information or software) on Spotscreen Pty Ltd’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Spotscreen Pty Ltd’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Spotscreen Pty Ltd at any time. Upon terminating your viewing of these materials or upon the termination of your registration, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Electronic Communication

You are connecting with us electronically when you go to the Website, send emails to us or allow us to send you emails. Hence, you consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Website. You concur that all notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

Revisions and Errata

The materials appearing on Spotscreen Pty Ltd’s Website could include technical, typographical, or photographic errors. Spotscreen Pty Ltd does not warrant that any of the materials on its Website are accurate, complete, or current. Spotscreen Pty Ltd may make changes to the materials contained on its Website at any time without notice. Spotscreen Pty Ltd does not, however, make any commitment to update the materials.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Governing Law

Our Legal Terms shall be treated as though it were executed and performed in Australia and shall be governed by and construed in accordance with the laws of Australia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Spotscreen Pty Ltd under our Legal Terms shall survive the termination of our Legal Terms.

Site Terms of Use Modifications

Spotscreen Pty Ltd may revise these terms of use for its Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Security of Information

We always aim to ensure your data and information is stored and transmitted as securely as possible, however no online data transmission can be guaranteed as totally secure, therefore we cannot warrant the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Indemnity

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Spotscreen Pty Ltd has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payment and Refunds

All prices listed are inclusive of Australian Goods and Services Tax (GST) where applicable. All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. If you choose to terminate your subscription at any time during the program period, you will not be granted a refund.

Payments are made through our secure online payment portal and can be processed using Mastercard or Visa. At any time we may update our payment methods to include or exclude other payment facilities and gateways. You are responsible for any additional charges that maybe applicable from your credit or debit card holder during or post-payment. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

All registrations are subject to acceptance by us. You will be notified of acceptance (or rejection) of an account via email or by telephone. Where payment is not made or is withdrawn at any time, by you or the Company you have been registered under, we reserve the right to terminate your access to the Program.

On occasion where an agreement has been sought and a refund is granted, you must bear any expenses that you may incur in connection with your request for such a refund. 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.

Opt-out

By law, all of our Program communication emails will contain a link to ‘change your preferences’ or ‘opt-out’ of communications. Where you have deliberately or accidentally ‘Opted-Out’ of Program communications (emails) from us, you will no longer receive weekly emails throughout the remainder of the program. On these occasions your account will still remain be active for the remainder of the Program Membership period. You are responsible for ‘Opt-out’ selections made and no Program refunds (in full or pro-rata) will be offered for ‘opting-out’ of communications.

Website Availability

We cannot guarantee that the Website will remain available at all times. From time to time, server or network connection issues may arise causing the website to be unavailable. Although maintenance is scheduled for off peak visitor times, occasionally maintenance may need to take place during peak times causing a disruption to the service. The Website and its content are delivered on an “as-is” and “as-available” basis.

We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications from us cannot be guaranteed. This may be due to Junk Mail settings from your email services provider.

Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view the website appropriately.

Governing Law

These terms are governed by the laws in force in Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

Personal Information

During registration for this Program you will be required to supply us personal details including your name, address and biometric statistics. If you do not provide all of the personal information requested, then you may not be able to complete the registration process. By registering for this Program, you understand and give permission for us to use any non-identifiable data collected (including height, weight, age, BMI, BMR, state/country location) to generate and disseminate statistical reports as needed.

For more information on how we collect and handle your personal information please see our Privacy Policy.