Panda T&C's Website

Terms & Conditions

1. About PANDA

1.1 - These terms apply to the Panda Coaching mobile or digital application (App), the website at https://pandacoaching.com (Website) and associated fitness and nutrition services and products provided through them (Fitness Products), which are owned by Panda Coaching Pty Ltd ABN 79 619 656 692 (‘Panda Coaching’, ‘we’, ‘our’, or ‘us’).

1.2 - Panda Coaching offers online exercise programming, nutrition instruction, guidance, and supplementation advice, designed to help you make informed decisions about your health, fitness and body composition goals which are promoted via the Website and App.

1.3 - Panda Coaching does not offer face-to-face personal training.

1.4 - All information, articles, instruction, exercise programming, nutrition programming, supplementation prescription and any advice by Panda Coaching Pty Ltd are designed to help you make informed decisions about your health, fitness and body composition goals. However, care is taken by Panda Coaching Pty Ltd ultimately your health is your responsibility.

1.5 - Before starting any exercise program or weight loss plan including those supplied by Panda Coaching, you should make sure that you are not underweight, that you are physically able to participate in any program part of a Fitness Product and you must seek advice from your medical practitioner before starting a program.

1.6 - Our instruction should not be taken as medical advice or used to treat any serious health condition, and it is strongly recommended to consult your doctor before beginning any exercise, nutrition or supplementation program and to consult a qualified health professional on any matters regarding your health

1.7 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then you must consult your medical practitioner before taking part in any program.

1.8 - Panda Coaching does not guarantee any particular outcome due to your participation in or use of any Fitness Products.

2. Definitions

2.1 -In these terms and conditions the following words have the following meanings;

Account means a Customers Account registered with us through the Website or App;

Our, ourselves, us, we, refer to the Panda Coaching and affiliates who for these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

Panda Coaching Intellectual Property has the meaning given to it in clause 27.1;

Brand means the distinctive appearance, image, goodwill and reputation that attaches to our Website, App and all other materials supplied through the Website and App, the Panda Coaching trademarks and the application of the trademarks and the Panda Coaching Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, the App and Fitness Products we provide (through the Website and App);

Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Queensland, Australia;

CCA means the Competition and Consumer Act 2010 (Cth) and includes the Australian Consumer Law (ACL).

Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;

Customer or Client means any person who registers an Account with us;

Customer Content means any words, images, links or other content posted by a Customer on the Website, any App, Facebook or any other social media forums;

Fitness Products means all Panda Coaching-associated fitness and nutrition services and products (including all programs, apparel, equipment and gift vouchers)

Forum means the Forum where registered members can communicate together be it on the Site or other 3rd party platforms e.g. Facebook;

Site means collectively the website www.pandacoaching.com, Forum, Digital Applications, products and/or services offered or provided by or in the websites.

Party refers to a party to these terms and conditions, and it includes that party's successors, administrators and assignors, and where a party consists of more than one person, then these terms and conditions bind them jointly and each of them severally;

Plan refers to the different subscription plans Panda Coaching offers. Panda Coaching plans include, but not limited to; Weekly Plan, 8 Week Plan, 16 Week Plan.

3. Agreement To Terms of Use

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

PANDA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Panda Coaching grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

3.1 - Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its copyright in that material.

3.2 - Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Cth) and under the law of a country other than Australia.

3.3 - By registering an Account with us, or using or accessing the App and Website you will be acknowledging and agreeing that you:

(a) have read and understood these terms and conditions and agree to be bound by them;

(b) consent to the use of your personal information for the purposes set out in these terms and use of the App generally; and

4. Registration On A Program & Licence

4.1 - Customers must be at least 18 years old to register an Account, use or access a Fitness Product/ Training & Nutrition Program.

4.2 - Purchase of a Fitness Product or Training & Nutrition Program is for you as a single user only. You may not authorise third parties to use any Fitness Product, or other digital product or service supplied by us to you via your Account.

4.3 - Upon purchase of programs or nutrition guides, you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without a refund.

4.4 - On registration for a program, Panda Coaching grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program following these terms and conditions and solely for your personal use and enjoyment.

4.5 - Without limitation, the Site is available only to individuals that can form legally binding contracts under Australian law.

4.6 - We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your membership, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Site or to the contents and components of the Site or are in any way in breach of these Terms and Conditions.

5. Use Of Website & Digital Applications

5.1 - These terms and conditions govern your right to use the Site and your access to and use of the Program on digital applications, the Forum and/or any products or services acquired with the Program and/or the Site and/or any links provided on the Site to other websites.

5.2 - In downloading any content from the Site to your computer, you do not receive any ownership rights to such content. By downloading any content you agree not to use the content for any unlawful purpose. You agree that your use of the Site is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Site, the Program and/or the Forum.

5.3 - You agree that in downloading any service or product from the Site, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Site and/or make it available over a network where it could be used by multiple devices at the same time

5.4 - You agree that your use of the Site will not violate any laws without limitation, including that governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.

5.5 - You agree that in using the Site, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

5.6 - You agree that you will not post comments about the Site, any of its content, its representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.

6. Validity And Duration Of Programs

6.1 - After purchasing a Panda Coaching Training and Nutrition Plan that is provided on the Panda Digital Application and our third-party training application (Everfit Training App), you will be granted access to these apps once you have entered your payment details and selected your Plan on the Sign Up Page.

6.2 - After purchasing a Panda Coaching Training and Nutrition Plan, you acknowledge that your membership and coaching payments is on-going until you provide us written notice or cancellation request as per the cancellation agreement outlined in this document in Paragraph 9.3.

For example, if you purchase an “Every 16 Weeks” Plan, at the end of the 16 week period, your subscription will automatically renew unless you provide us a cancellation request.

6.3 - You will be granted access to Panda Coaching Fitness Products for as long as outstanding payments are settled and coaching payments are active. We reserve the right to revoke your access to programs, digital application access, and Forum access if you fail to settle outstanding coaching payments. In the event that we suspend your access due to these circumstances, your access and duration of coaching and program access will not be extended.

7. Services, Website & Digital Application Membership

This includes, but is not limited to the following services:

(a) Initial Consultations

(b) 1on1 Coaching Calls

(d) Facebook Group Membership

(e) On-Boarding Course

(f) PANDA Data Tracking App

(g) Digital Training App (Everfit Training App)

7.1 - You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Site, for the Program and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

7.2 - Once you register on the Site, you will be given access to "Clients only" information and material.

7.3 - Access to the information provided is for your sole use only.

7.4 - Any password or right given to you to obtain access to the materials is not transferable to any third party.

7.5 - We reserve the right, at our sole discretion, to terminate your access if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

8. Facebook Group/ Group Forum Membership

8.1 - You acknowledge that the Facebook Group (Group) membership provides for public communications with other clients (current and former).

8.2 - To become a member you agree to provide truthful, accurate personal details about yourself as required when signing up for our Services.

8.3 - You will use the Facebook Group only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Group, either in the Group itself or otherwise, and/or the individuals representing the Site and/or their employees.

8.4 - You will not use the Group:

(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;

(b) to incite others to conduct the activities described in subparagraph 8.4(a);

(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Group through your registration.

8.5 - We can terminate your licence to use the Site, registration and/or participation in the Group in our sole discretion if we believe you have breached any one of the Terms and Conditions of this licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Site and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions of this licence.

9. Cancellation/ Termination of Subscriptions & Memberships

9.1 - Your membership is subject to a seven (7) business days cooling-off period:

(a) The cooling-off period applies to new memberships only and does not apply to membership renewals.

(b) The cooling-off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) business days later.

(d) All monies paid will be refunded with the exception of the non-refundable On-boarding course fee.

9.2 - By purchasing a Panda Coaching Training and Nutrition Plan, you acknowledge and agree to a Minimum Coaching Term of eight (8) weeks.

Cancellations After The Completion Of Minimum Term:

9.3 - There will be a period of notice of 14 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. You shall not consider that your Agreement has been terminated until this is confirmed in writing to you in the Agreement signed.

9.4 - If cancelling after the completion of the minimum eight (8) week coaching term, you may cancel your membership to the Site by notifying admin@pandacoaching.com, and we can then deactivate any account in your name, your membership of the Site, recurring payments and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Please note that your information archived will be stored for 7 years from the date of purchase and/or registration at which point in time it will be deleted or destroyed. In addition, a refund will not be issued when cancelling any Subscription or Membership.

9.5 - We can terminate your licence to use the Site, Subscription and/or Membership in our sole discretion if we believe you have breached any one of the Terms and Conditions of this licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Site and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions of this licence.

9.6 - Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Panda Coaching.

Cancellations For Any Other Reason (Within Minimum Term):

9.7 - If you wish to terminate your Agreement, Subscription, and recurring payments and you have not reached the minimum eight (8) week coaching term, you may do so under the following circumstances:

(a) Permanent Sickness or Physical Incapacity

You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and a time freeze is not a suitable option for your circumstances.

(b) Bankruptcy

You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances.

You may terminate your Agreement before the expiry of the Minimum Term if we reasonably believe that your circumstance is unique, for example, you are diagnosed with a medical condition (including pregnancy) and we reasonably believe that following a Training and Nutrition program would not be in the best interest of both parties at the time of cancellation request. You must submit evidence of your conditions or circumstances at admin@pandacoaching.com.

9.8 - You may terminate your agreement before the expiry of the Minimum Term if all instalments and payments due up to the date of termination are paid in full at the time of cancellation requisition. Any outstanding membership fees before the cancellation request must be paid before a Panda Coaching Team Member can terminate your membership and recurring payments.

Cancellation By Panda Coaching

9.9 - By purchasing a Panda Coaching Training and Nutrition Plan, you acknowledge that we deserve the right to terminate your coaching agreement in any of the following circumstances:

(a) You fail to abide by the obligations listed in the terms and conditions outlined in this document.

(b) Panda Coaching will suspend or terminate the Account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by Panda Coaching or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content. Panda Coaching reserves the right to amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.

(c) If your assigned Panda Coach is unable to provide further service, ie. The Panda Coach provides leave or absence, where a suitable replacement for a coach is not available to you. In this circumstance where the Panda Coach can no longer provide service to you due to leave or absence, they will notify you within fourteen (14) days prior to the set leave date in writing.

Membership Freeze/ Pause

9.10 - If you wish to freeze or pause your membership and recurring coaching payments, you must notify admin@pandacoaching of your intention and reason to pause, at least three (3) days prior to your next scheduled direct debit.

For example, if you have purchased a Weekly Plan and your direct debits are scheduled every Friday, then you must notify a Panda Team Member by Wednesday (3 days prior) to ensure that your upcoming coaching payment is actioned and paused on time.

We reserve the right not to provide a refund if you have not notified us of your intention to pause your membership on time, at least three (3) days before your scheduled direct debit.

9.11 - You may freeze/ pause your membership for up to 2 weeks, after which your recurring coaching payments will resume and re-activate as per usual.

10. Payments

10.1 - In purchasing any product or services from the Site ("the Purchase") you agree to:

(a) pay using a valid credit card (or other form of payment as we may allow);

(b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Site, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;

(c) pay all costs, fees, charges, applicable taxes, shipping costs and other charges as may be incurred in respect of the Purchase ("the costs"); and

(d) all costs are in Australian Dollars (AUD) unless otherwise indicated.

10.2 - In purchasing a Panda Coaching Training and Nutrition Programs upon the Sign Up page, you acknowledge that your card will not be charged until your coaching officially commences. You and your Panda Coach will arrange an official starting date for the coaching during the 1-on-1 Planning Session, in which your recurring payments will activate and automatically renew based on your selected plan duration (Weekly, Every 8 Weeks, Every 16 Weeks). For example, if you have selected an “Every 8 Week” plan, your payments will automatically deduct every 8 weeks, until you provide us written notice or cancellation request as per the cancellation agreement in Paragraph 9.3.

10.3 - By purchasing a Panda Coaching Training and Nutrition Programs upon the Sign Up page, you acknowledge that your Agreement is on-going.

10.4 - You acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period of eight (8) weeks, your membership fees will continue to be deducted until you give us 14 days notice of your intent to end your membership.

11. Refunds

11.1 - By purchasing the Panda Coaching Initial Sign-Up Fee and On-Boarding Course of $99, you acknowledge that this inital payment is non-refundable and non-transferable.

11.2 - At our sole discretion, any claim for a refund will be considered on a case-by-case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you or refuse your claim.

11.3 - No other refunds are available concerning Fitness Products, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.

11.4 - You expressly acknowledge that your use of the Site and its products and/or services is at your sole risk.

11.5 - Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Site, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Site, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Site.

12. Medical Disclaimer

12.1 - We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Site or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

You are solely responsible for evaluating and assessing your own health and well-being and whether, in all the circumstances, you should access and use the Site and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Site, the Program and/or its products or services.

You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation of the contents, products, services or offers referred to in the Site, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Site, the Program or its products and services, is at your sole risk.

13. Limitation Of Liability

13.1 - Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

14. Our Rights To Modify Service

14.1 - You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Site and/or the Terms and Conditions, as we see fit.

14.2 - We will publish any intended changes on the Site and you will be deemed to have accepted such changes when you first access the Site following our publication of the notice of the change on the Site.

14.3 - You agree that we may transfer, assign, license or deal with our interest in the Site, Members Forum, Copyright or any other published material to any Affiliate or to any third party who shall, in any event, be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 14.2.

15. Jurisdiction

15.1 - These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

16. Indemnity

16.1 - You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Site and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

16.2 - You are liable for all content posted by you on the Forum.

16.3 - You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Site or that by your actions of conduct.

16.4 - You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

17. Privacy

17.1 - Panda Coaching is committed to protecting your privacy.

17.2 - When you register an Account or purchase a Fitness Product, we will have access to personal information about you, such as your contact details. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

17.3 - Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and App and participation in and use of Fitness Products.

17.4 - Panda Coaching conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Panda Coaching goods and services and conducting its business and other purposes stated in its Privacy Policy.

17.5 - If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.

17.6 - Customers consent to the disclosure of their personal information for the Purposes including to overseas recipients.

17.7 - Overseas recipients may include entities providing services to us (including computer servers and application developers), such as cloud storage or data hosting, based in Australia or worldwide.

17.8 - We may use SMS and/or email to communicate with you. From time to time, we may send you information about Panda Caoching by post, email, telephone call or SMS.

17.9 - We may need to contact you to:

(a) administer accounts and process payments;

(b) communicate with you regarding any issues affecting your registration on a program or use of the App or other Fitness Product;

(d) provide reminders of program key dates.

(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and

(f) conduct market research or surveys to improve the services provided by Panda Coaching.

17.10 - Panda Coaching may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

18. Panda Coaching Rules Including Use Of Social Media

18.1 - Customers must:

(a) ensure that their login details for the Website and the App (including usernames and passwords) are kept confidential and not disclosed to any other party;

(b) notify Panda Coaching immediately if you suspect or know that your Account has been accessed without your authority;

(d) not use the App, a Fitness Product or the Website for any illegal purpose;

(e) not undertake any activity which uses, exploits or affects the Brand or the Panda Coaching Intellectual Property except for the purposes of your personal participation in a program or personal use of Fitness Products purchased through the Website or App;

(f) not interfere with the enjoyment of another Customer;

(g) not perform any fraudulent activity in connection with the App, a Fitness Product or the Website;

(h) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology

18.2 - Some programs offer participation in private Facebook forums. Customers agree that at all times when participating in such forums or when posting about Panda Coaching on any social media platform they will:

(a) treat other Customers and Panda Coaching (and its staff and contractors) with dignity, support and respect;

(b) not display or engage in activity that facilitates illegal activity;

(d) not promote violence; and

(e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.

18.3 - Panda Coaching reserves the right, in its absolute discretion, to remove any social media content and any information posted on any App or website or social media forum which Panda Coaching considers breaches the rules set out in this agreement.

18.4 - Customers are responsible for obtaining and maintaining the data network access to use the App, Website and Fitness Products. Customers are also responsible for updating their devices to enable use of the Website and Fitness Products and App and any updates to the App or the Website.

18.5 - Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking or use of a Fitness Product.

19. Advertising

19.1 - Use of pictures / film / likeness: You agree to allow Panda Coaching, its agents, employees, and third party marketing agencies to use your pictures, videos, and / or likeness for the use of advertising purposes. For example, we may use your transformation/ progress photos for advertising purposes on various social media platforms and media agencies such as (but not limited to) Facebook, Instagram and TikTok.

19.2 - Clients may opt out / choose not to allow the use of your images or videos for advertising purposes by notifying a Panda Team Member in writing.

19.3 - Before publishing any pictures or films of you for advertising, a Panda Coaching Team Member may contact you at any time to confirm and ask for your consent for any particular picture / film of you.

20. Complaints

20.1 - Customers may make a complaint by email to admin@pandacoaching.com.

20.2 - Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.

20.3 - Panda Caoching will investigate the complaint and endeavour to respond within 14 Business Days.

21. Risk Warnings & Disclaimers

21.1 - You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in, accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:

(a) known or unknown health problems or previous injuries;

(b) pregnancy;

(d) tripping or slipping – including over fitness equipment both at home and in a gym; and

(e) attempting an activity which is beyond your exercise capability.

21.2 - We are not a medical organisation and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise and nutrition guides we offer should not be taken as medical advice, and are for information purposes only.

21.3 - Within the Programs, provided nutritional guides are intended for informational purposes only, must not be taken as medical advice, and should be regarded as generalised recommendations.

21.4 - Panda Coaching does not guarantee that the Website and App will function on any particular device and Customers acknowledge and agree that the Website and App may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.

22. Our Liability To Customers

22.1 - Consumer Guarantees): The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010(Cth) (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:

(a) are rendered with due care and skill;

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and

22.2 - (Permitted exclusion): However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those consumer guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee. In the previous sentence, “injury” means:

(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);\

(b) the contraction, aggravation or acceleration of a disease; or

(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you 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.

22.3 - (Reckless conduct): The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA)

22.4 - Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.

22.5 - Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for

(a) negligence;

(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

22.6 - Panda Coaching will not be liable for any loss or injury attributable to:

(a) your fault;

(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program);

(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, any App or your downloading any material such as e-books or other material on the Website, or any website linked to it;

(d) the conduct or actions of Customers online or offline or their use of the Website or App;

(e) the suitability of a Fitness Product purchased by you;

(f) unauthorised access or use of your Account by third parties;

(g) any website links contained on the Website or an App to external organisations or advertisements or the use of such an external organisation’s website or App; or

(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.

21.7 - We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.

23. Warranties (by Customers)

23.1 - You represent and warrant to Panda Coaching that:

(a) you are 18 years old or over;

(b) you have sought and obtained advice from your medical practitioner before commencing any program or following any meal plan or nutrition guide supplied by us;

(c) all information and documentation provided to Panda Coaching from time to time is true and accurate and not misleading in any respect;

(d) you will exercise in a place that is safe and suitable for the program; and

(e) you will abide by these terms and conditions at all times.

(f) you will be responsible for the management of any food allergies or intolerances.

24. Notice

24.1 - We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Customers may give notice to us by email to admin@pandacoaching.com.

25. Assignment

25.1 - Panda Coaching may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.

25.2 - Panda Coaching may transfer ownership of the Fitness Products, App, and the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of Panda Coaching or its business and assets.

26. Severance

26.1 - If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

27. Entire Agreement

27.1 -These terms constitute the entire agreement between Panda Coaching and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.

28. Intellectual Property and Ownership

28.1 -The App, the Panda Coaching logo and trademarks, the Brand and these terms and conditions, the content of Website, Fitness Products, nutrition guides and e-books and any materials we provide to you in connection with the App or a program (Panda Coaching Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.

28.2 -You undertake not to copy, publish or reproduce in whole or in part, the Panda Coaching Intellectual Property except as is expressly permitted by these terms and conditions.

29. Governing Laws

29.1 - These terms and conditions will be governed by and construed in accordance with the laws of the state of Queensland, Australia.

29.2 - All parties hereby submit to the jurisdiction of the Courts of Queensland, Australia.

30. Your Acknowledgements and Consents

30.1 - By registering an Account you acknowledge and agree that:

(a) you have read and understood these terms and conditions and agree to be bound by them;

(b) you are responsible for all costs incurred by you with respect to your usage of the Fitness Products, e-books, and App’s on a mobile device including data usage fees and other telecommunications fees;

(c) you give permission for Panda Coaching to disclose your personal information in accordance with these terms and conditions and our Privacy Policy; and

(d) you consent to receiving any communications from us however you may opt out at any time.

TERMS