For that reason these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us via the contact us section of our website.
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
1. LICENCE TO USE WEBSITE
(a) We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
(b) You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
(c) You must not add any content to the Website:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that would bring us, or the Website, into disrepute; or
(v) that infringes the intellectual property or other rights of any person.
(d) The Website may from time to time contain links to other websites as well as content added by people other than us. We provide these links for your convenience to provide further information. We do not endorse, sponsor or approve any such user generated or any content available on any linked website and further, we have no responsibility for the content of the links to other websites.
(e) You acknowledge and agree that:
(i) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
(ii) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(iii) the content on the pages of this Website is for your general information and use only and is subject to change without notice.
2. INTELLECTUAL PROPERTY RIGHTS
(a) Nothing in these Terms constitutes a transfer of any intellectual property rights.
(c) No Web Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless we expressly grant written permission. Modification or use of the Web Content for any other purpose is a violation of our copyright and other proprietary rights, as well as other authors who created the Web Content, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the Web Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without our express written permission.
(d) By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
(e) You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
(f) The licence in clause 2(d) will survive any termination of these Terms.
(g) You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2(d) and 2(e).
(h) The information, text, materials, graphics, logos, button icons, images, biographical information of people used in the Website, video and audio clips, trade marks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws and are either our property, or used with permission by us.
(i) Unauthorized use of this Website or any of the Web Content in any way may give rise to a claim for damages against you and/or be a criminal offence in accordance with Australian and international laws.
(a) You represent and warrant to us that you have the legal capacity to enter into these Terms.
(b) The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
(c) We do not warrant or guarantee:
(i) that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components, and
(ii) anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, completeness physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through the Website.
(a) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
(b) To the full extent permitted by law, we make no warranties or guarantees in relation to the content of the Website, completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law.
(c) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(i) in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of having the goods repaired, and
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
(d) You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible though the Website. Your use of any information or materials on the Website is entirely at your own risk. If using them you acknowledge we are not be held liable under and circumstances. It is your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements
(a) These Terms terminate automatically if, for any reason, we cease to operate the Website.
(b) We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
You agree to indemnify, defend and hold us harmless from any and all claims, liability, damages, costs and expenses in connection with your use of the Website or your failure to comply with these Terms or from your violation of any applicable law.
(a) You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
(b) If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
(c) Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(d) This Agreement is governed by the laws of State of New South Wales in Australia and each party submits to the jurisdiction of the courts of New South Wales.
8. CLEAN HEALTH FITNESS INSTITUTE EDUCATION REFUND POLICY
8.1 Course Fees
Course fees may vary depending on the country, state or territory in which the course is delivered. Please contact us on +61 2 9882 2778 for more information or see individual course information the courses section of our website.
8.2 Outstanding Fees
We reserve the right to withhold certificates, and other records of results where any course or administration fees remain outstanding.
8.3 Enrolment Administration Fees
All course fees include a non-refundable administration fee of AUD$150. In the event of you cancelling out of your course and requesting a refund, we may refund fees in accordance with the refund policy. That part of the fees that represents the enrolment administration fee will not be refunded.
8.4 Refund Policy
If for some reason, you are unable to complete a course into which you have enrolled, we may refund or credit in accordance with the following company guidelines:
(i) If we cancel the course, a full credit or course fee will be granted to use towards any seminar held or hosted by the company within Australia or internationally within 12 months of the purchase date.
(ii) If you cancel the course with more than 7 days of the advertised date, a full credit of course fee will be granted to use towards any seminar held or hosted by the company within Australia or internationally within 12 months of the purchase date, provided you have notified us in writing with at least 7 days’ notice prior to course commencement.
(iii) If you cancel the course with less than 7 days’ notice prior to course commencement the final decision will be at our discretion.
(iv) Cancellation of any course after commencement, absolutely no credit will be given, nor refund considered.
(v) In the case of undue hardship or extenuating circumstances, a full refund or partial refund may be considered. The onus is on the course participant to provide evidence. The final decision will be at our discretion. The following are examples of circumstances when a refund will not be considered or granted:
(A) Job change or change to jobs working hours;
(B) Inconvenience of travel to a face to face course;
(C) Leave before completing the course;
(D) Change of mind after commencement;
(E) Are too busy to attend or complete the course or give due notice;
(F) Failure to complete the course;
(G) Failure to attend a face to face course; or
(H) Move interstate
8.5 Changes to Course Advertising
We reserve the right to change details of the courses we promote without breaching our refund policy due to unforeseen circumstances. This includes and is not limited to the following:
(i) Changes to the course presenters;
(ii) Changes to the hosting venue;
(iii) Changes to course content and outline; or
(iv) Changes to course date.
9. ARBITRATION OF DISPUTES
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, where you are situated outside of Australia will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.
The appointing authority shall be the Australian Centre for International Commercial Arbitration. The number of arbitrators shall be one (1). The place of arbitration shall be Sydney, Australia. The language to be used in the arbitral proceedings will be English.
CHFI acknowledges and respects the privacy of individuals and businesses.
HOW TO CONTACT US ABOUT PRIVACY
Your privacy is very important to us. For that reason, please read the following details carefully and if you have any comments or questions or require any further information, please contact us as set out below:
- CHFI EDUCATION PTY LTD T/as Clean Health Fitness Institute Education.
- Email via the contact us section of this website
COLLECTION AND PURPOSE
We collect personal information from you in the course of your use of the Website. The purpose for which we collect personal information is to provide you with the best service experience possible on the Website including posting your profile details and messages on the Website. If you do not provide us with certain types of personal information, you may be unable to register as a member or enjoy the full functionality of the Website.
Personal information provided by you is treated in accordance with the Privacy Act 1998 (Cth) (the Act).
Personal information may be held on a database for the purpose of providing efficient customer service. There may be times where the information provided will be used to make contact with you for research and marketing purposes. Please let us know if you do not wish to be contacted for this purpose.
A cookie is a small file, which asks permission to be placed on your computer’s hard drive.
We also collect cookies from your computer, which enables us to analyse your use of the Website and also to help us improve the Website and administer our services.
Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website to tailor it to our customers’ needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
ACCESS TO INFORMATION
National Privacy Principle 6 of the Act allows you to gain access to and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details above.
PROVISION AND USE OF PERSONAL INFORMATION
When you provide Personal information to us, we rely on that information being and remaining accurate, complete and up to date. If such information is or becomes inaccurate, incomplete or out of date please notify us so we can amend our records accordingly.
We use Personal information about you to operate the services provided by CHFI and to enforce or perform the obligations of any agreements that you may have with CHFI.
We may also use personal information we collect:
(a) to provide you with news and information about our products and services and opportunities that we believe you may be interested in;
(b) to personalise and customise your experiences on the Website;
(c) to help us manage and enhance our products and services;
(d) to communicate with you;
(e) to conduct competitions or promotions;
(f) to investigate any complaints about or made by you; or
(g) as required or permitted by any laws (including the Act).
DISCLOSURE OF PERSONAL INFORMATION
You agree that personal information that you provide and/or we obtain as part of your use of the Website may be posted on the Website for the purposes of providing our services. You agree that any such information and information that you otherwise post or transmit on parts of the Website is not confidential. You agree that we will be entitled to use and disclose to any third party such information for any purpose.
In general, CHFI may collect, hold, use and disclose Personal Information for the following purposes:
(a) to help CHFI manage and enhance its services;
(b) for internal membership management, accounting and finance;
(c) to provide and market CHFI’s services;
(d) to conduct CHFI’s business;
(e) to purchase goods or services; and
(f) to comply with CHFI’s legal obligations.
LIMITATION OF PRINCIPLES
Adherence by CHFI to these Privacy Principles may be limited to the extent required to meet a legal, governmental, national security or public interest obligation.
We have processes in place to ensure the security of your personal information. However, you should note that there are security risks in transmitting and receiving information via the internet. You should assess these potential risks when deciding whether to use our Website. Where links to other websites are provided on the website, CHFI is not responsible for the privacy practices or content of those websites.
OPTIONAL TRANSFER OUT OF AUSTRALIA
The Website is not hosted in Australia. For that reason, we transfer all data on the Website (including all personal information) to our hosting service provider in the United States of America. You hereby consent to this transfer.