Fazio’s PD Fighters Terms of Service and Waiver

Subscription and Direct Debit Terms

1. Fazio’s PD Fighters (FPDF) provides online pre-recorded classes, content, resources and features through the FPDF Website, www.faziospdfighters.com that have been designed to alleviate the common symptoms of Parkinson's Disease while building the strength, fitness and confidence of participants (Service).  

Subscription Terms

2. A "Subscriber" is any individual who registers their details for a FPDF direct debit payment option to access the Service. A Subscription provides you with access to the Service for as long as the Subscription remains active.
3. By registering as a Subscriber, you accept and agree to be bound by these Terms, which form a binding agreement between you and FPDF
4. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes to [email protected]. FPDF’s use of your information is governed by the Privacy Policy below. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
5. Subscriptions do not carry a minimum term. These Terms commence on the date you register for a Subscription and continue until cancelled in accordance with these Terms.
6. If you do not wish to be bound by these Terms, you may not access or use the Service. You must not use the Service (including accessing the Website) in any manner or for any purpose which is unlawful or contravenes these Terms.
7. FPDF reserves the right to cancel a Subscription or deny access to the Service (including the Website) as a result of any conduct that FPDF, in its sole discretion, believes may breach the law, contravene these Terms, or otherwise results in circumstances in which it is inappropriate to permit continued access to the Service (see also "Cancellation", below).
8. FPDF reserves the right to make reasonable amendments to these Terms at any time on fourteen (14) days' notice or to introduce additional terms and conditions from time to time with reasonable notice. Subscribers will be notified of amendments in writing by email using the details you have provided or via the Website. If you do not agree with such amendments or additional terms, you should terminate your use of the Service, as soon as reasonably practicable.

Fazio’s PD Fighters Eligibility Requirements

9. You must be at least eighteen (18) years of age to be eligible to register for a Subscription or to use the Service.
10. Before using the Service, you must consult with your regular healthcare practitioner, who must approve your participation in the FPDF Classes, including having regard to your current or proposed medical treatment (for Parkinson's Disease and any other any existing injuries or other medical conditions).
11. We may, in our sole discretion, change the eligibility criteria for accessing the Service at any time on fourteen (14) days' notice. 

Billing Cycles, Cancellation and Payment

Billing Cycles

12. A Subscription starts on the date that you complete an online subscription form, provide valid payment information together with an authorisation for FPDF to charge you at the current rate for a monthly subscription in accordance with the payment terms set out in these Terms.
13. Subscriptions renew on a monthly basis until cancelled in accordance with these Terms. Billing occurs at the beginning of the Subscription cycle and provides access for one (1) month thereafter. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or FPDF. A Subscriber may incur additional fees for declined or late payments.
14. Subscription purchases are final, non-transferable and non-refundable, except as required by the consumer guarantees under the Australian Consumer Law. You must not share your login information with another person or entity. FPDF reserves its right to cancel without refund any Subscription that it deems as exhibiting excessive viewings or logins that amount to fraudulent use of the Subscription.
15. Subscription purchases are inclusive of goods and services tax (GST).
16. FPDF may offer additional promotions or discounts related to Subscriptions from time to time. Any additional terms presented to you during the registration process will form part of these Terms. Unless specified in writing, all discount offers that require a payment are non-refundable, except as required by the consumer guarantees under the Australian Consumer Law.

Cancellation

17. Subscribers can via the Website at any time. To change or terminate your Membership, go to your account settings at www.fightpdathome.com. Further instructions on how to cancel your subscription are available at https://www.faziospdfighters.com/blog/FPDF-cancellation-instructions

18. It is your responsibility to ensure your Subscription cancellation has been actioned correctly. We advise you follow this with an email to [email protected] for confirmation. If No refunds or credit will be provided for unused access.  Upon cancellation taking effect, you will no longer have access to the Website.  
19. FPDF may immediately cancel your Subscription, without notice if:
    • you violate these Terms or any applicable law (including, without limitation, copyright and intellectual property laws);
    • you provide false or inaccurate information to FPDF
    • your payment is overdue (FPDF will use reasonable efforts to notify you of the overdue payment before cancelling a Subscription); or
    • if you engage in conduct that is threatening, abusive or harassing to FPDF employees, agents, or other Subscribers.
20. Upon cancellation of the Subscription, all licences granted by FPDF are also cancelled. The following clauses in these Terms survive cancellation of the Subscription:
    • Privacy (paragraph 45);
    • Injury Disclaimer and Waiver (paragraph 26 to 31);
    • Indemnity and Liability (paragraph 34 to 40);
    • Intellectual Property (paragraph 41 to 44);
    • Governing Law and Jurisdiction (paragraph 46); and
    • any other clauses expressly stated in these Terms as surviving cancellation.
21. Once a Subscription is cancelled, you may no longer access the Service.

Payment

22. FPDF may change the monthly Subscription fees at any time by giving the Subscriber at least one (1) month notice except where such change is required by law or by a regulatory authority, in which case FPDF will use best endeavours to give the Subscriber reasonable notice. If a Subscriber does not wish to accept a change to a Subscription fee, they may terminate their Subscription in accordance with paragraph 17 If the Subscriber does not terminate their membership, their direct debit payments or credit card payments will be amended to reflect the revised Subscription fees from the date on which the change becomes effective.
23. You will be asked to provide payment information (including a credit, charge or debit card details) in order to register your Subscription. You represent and warrant that you have the legal right to use all payment information that you provide to us. You agree to provide updated payment information to FPDF upon request or if the information associated with your Subscription is no longer valid. You agree that FPDF or its agents are not liable for any charges incurred by you as a result of attempts to charge you using the payment information provided by you in accordance with these Terms.
24. FPDF uses reputable third party direct debit billing providers, PayPal, Stripe, Square and Apple Pay. When entering your payment details for the purposes of direct debit, you are also entering into an agreement with one of these providers. You can find all terms and conditions for each provider during the completion of the direct debit agreement by you, the Subscriber.
25. You agree to make payment using the payment method you provide when you register your Subscription. We reserve the right to correct, or to instruct our third party direct debit billing providers to correct, any errors or mistakes, even if payment has already been requested or received.

Injury Disclaimer, Waiver and Compliance with Our Community Guidelines

26. Physical exercise, in all of its forms and with or without the use of equipment such as weights, bars or any other equipment that may be suggested by a FPDF instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before participating in the FPDF at Home Classes.
27. By using the Website and participating in FPDF at Home Classes, you represent that you understand that physical exercise carries the risk of injury whether physical or mental. You acknowledge this risk is heightened by participation in FPDF at Home Classes which take place in an uncontrolled environment.
28. Do not attempt any part of the FPDF at Home Class that is beyond your level of ability. FPDF is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the OnDemand Content. Nothing contained in the Website should be construed as any form of such medical advice or diagnosis.
29. You understand that it is your responsibility to judge your physical and mental capabilities for all FPDF activities It is your responsibility to ensure that you will not exceed your limits while performing such activities, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
30. When participating in FPDF at Home Classes, you are responsible for taking care of your own personal safety. You expressly waive and release any claim that you may have at any time for injury of any kind against Fight PD, or any person or entity involved with FPDF, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
31. When participating in FPDF at Home Classes you agree and acknowledge that you will ensure that you always:
    • Check that you have sufficient space and ventilation to practice;
    • Check there are no trip/slip hazards (this includes ensuring all appliances and cables are not in your training space);
    • Check there are no objects you may fall on or come in contact with;
    • Check there are no sharp objects or hot surfaces nearby;
    • Ensure you have sufficient lighting;
    • Ensure you have water to keep hydrated;
    • Remember to seek medical advice before training if you have any existing injuries or other medical conditions;
    • Ensure all household members are aware of the training and have your support person partake whenever possible.
32. You are responsible for content that is posted, transmitted or otherwise made available by you (including the conduct of any unauthorised users) as part of the Service, including via the Website, during live sessions. You agree to respect other subscribers and staff at all times when engaging with the Website. Further, you agree not to post, transmit or otherwise make available any content (including data, information, software, music, sound, images, video, text, messages, tags, or other materials) that:
    • is patently offensive or promotes hatred, bigotry, racism or physical harm against an individual or group;
    • harasses or advocates for harassment;
    • denigrates, ridicules, or demeans another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, pornography, or offensive material;
    • shares personal information of anyone other than yourself;
    • promotes false information, illegal activities, or abusive, threatening, obscene, defamatory, or libelous conduct;
    • encourages any conduct that would violate any applicable law or regulation;
    • violates any intellectual property or proprietary rights;
    • promotes illegal copies of copyrighted works, or tools to circumvent copyright protection;
    • transmits junk mail, chain letters, or unsolicited mass messaging;
    • includes restricted or password-protected pages, hidden content, or images;
    • Supports or promotes criminal activities;
    • contains or creates computer viruses;
    • solicits login information of others;
    • relates to commercial activities and/or sales without the consent of FPDF; or
    • includes photos of others without their consent or otherwise infringes on privacy rights.
33. FPDF is not obliged to monitor access or use of the Website or content generated by Subscribers, but we may do so to ensure compliance with these Terms, to comply with applicable law or other legal requirements or to maintain the Service. FPDF reserves the right to remove any content generated by Subscribers that it considers to be objectionable or in violation of these Terms. FPDF may also work with law enforcement authorities to prosecute Subscribers who violate the law.

Indemnity and Liability

34. Certain legislation, including the Australian Consumer Law, 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.
35. To the extent permitted by law, FPDF limits its liability in respect of any claim to (at FPD’s option), supplying the Service again, or paying the cost of resupplying the Service to you.
36. Subject to the above and to the fullest extent permitted by law:
    • In no event shall FPDF, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorised access to or use of FPDF secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the FPDF is advised of the possibility of such damages.
    • You specifically acknowledge not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by FPDF or any of its employees. FPDF is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does FPDF warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and FPDF or a representative of FPDF shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.
37. You agree to indemnify FPDF and its directors, officers, employees, and agents, against all liabilities, losses, damages, costs and expenses (including legal fees, costs and disbursements) arising as a result of a breach by you of these Terms.
38. You acknowledge and agree that FPDF provides the Service on an "as is" and "as available" basis. To the extent permitted by law, but without limiting, modifying, or excluding any rights provided pursuant to the Australian Consumer Law or other applicable laws, FPDF expressly excludes all express or implied warranties, including warranties:
    • That the Service will be uninterrupted or error-free;
    • That the Service will meet your personal or medical needs; and
    • That Fight PD will continue to support any particular feature of the Service.
39. FPDF shall not be held liable for any temporary suspension in access to the Service due to maintenance, repair or upgrade to the Website or system failures or failure of third-party services (e.g. internet providers).
40. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.

• You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
• If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Intellectual Property and Licence to Use the Service

41. Subject to your compliance with these Terms and for as long as we permit you to access the Service and Subscription, FPDF grants you a limited, non-transferable, non-exclusive, revocable right and licence to access and use the Service for your own PERSONAL, NON-COMMERCIAL PURPOSES. You may not assign or sublicence this licence to anyone. This licence will remain in effect unless and until you violate these Terms or this license is terminated by you or FPDF
42. Except as expressly permitted in writing by FPDF, you agree that you will not reproduce, redistribute, sell, transfer, or create derivative works from the Service, nor will you take any measures to interfere with or damage the Service. Such conduct is strictly prohibited. All rights not expressly granted by FPDF in these Terms in relation to its intellectual property are reserved.
43. You acknowledge that the Service, the Website and all content available on the Website are protected by copyright, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected under Australian law. All content made available through the Service, including via the Website, existing now or hereafter developed and made available to Subscribers, is protected by copyright, whether individually and/or as a collective work.
44. FPDF owns and retains ownership of all intellectual property and proprietary rights in the Service, Website and all content made available to Subscribers through the Service, trademarks, logos, designs, trade names, copyrights and any other video, text, images, sounds, software, features, data and information made available through the Website or otherwise in conjunction with the Service.

Privacy

Governing Law & Jurisdiction

46. These Terms are governed by the laws applicable in Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.

Notices

47. You agree that all communications (including notices, consent, approval, waiver, request and demand) from FPDF may be delivered electronically by email or by posting to the Website.
48. For support-related inquiries, you may contact FPDF by emailing [email protected]. All other notices to FPDF must be sent by hand delivery, courier service or prepaid express post to the following address:
    • [Party name: Fazio’s PD Fighters]
    • [Attention: Bella at Fight PD at Home]
    • [Address (for hand delivery or delivery by courier or post):
    • [14 Kakulas Crescent, Northbridge. 6003. W.A Australia]
    • [Email address: [email protected]]

FPDF Privacy Policy

1. FPDF is bound by the Privacy Act 1988 (Cth) and by other applicable laws which govern privacy.

Information collected by FPDF

2. The personal information collected by FPDF may include: your name and contact information; date of birth; preferred communication methods; emergency contact information; bank details and/or credit card information.
3. We also collect information that is created by FPDF such as your Subscription details, your purchase history with FPDF and your usage of FPDF services.
4. We do not collect health data or information relating to your ability to engage in physical exercise. You, in consultation with your doctor, are solely responsible for determining your health and physical status and whether to participate in FPDF at Home Classes.

What FPDF uses this information for

5. We use personal information to provide the services you request from FPDF including facilitation of your Subscription to FPDF, to communicate with you and assist you with queries and to facilitate your access to the Website.
6. We also use personal information in order to provide and improve the Service or otherwise as required or authorised by law.
7. We may also use the information to: advertise products and services, to carry out market data analysis for research and Service improvement purposes, to process payments and maintain accounts and records, and to administer and maintain subscription records. In addition, we use this information to ensure the security and integrity of our services and improve our platform, prevent or detect fraud or abuses of the Website.

In what circumstances may FPDF disclose personal information

8. We may disclose your personal information to the following categories of recipients:
   •  FPDF  We may share personal information with FPDF personnel (including our employees and contractors) to the extent such personal information is required in connection with their duties and your Subscription.
   • Third party service providers may share personal information with our third party service providers (including payment processing, IT technical support providers) to the extent such information is needed to perform their functions, but may not use it for other purposes.
   • Law enforcement bodies, government authorities, etc. We may share personal information, with law enforcement bodies, government authorities, our insurers, external legal advisors, courts or other third parties where we believe disclosure is necessary to comply with applicable law; enforce or apply these Terms; to protect the rights, property or safety of FPDF or its subscribers; or to detect, prevent or otherwise address security, fraud or technical issues.