These Terms and Conditions (T&C) govern the relationship between Average Bloke Fitness and you, including the use of its website. We may vary the T&C from time to time, without notice to you. Those changes will be released via the website and will be binding upon all users at the time of publication to the website. Continued dealings with ABF shall constitute deemed acceptance of the T&C, as amended from time to time.

The T&C create a legally binding agreement between ABF and the user/purchaser. In all applicable circumstances, you irrevocably waive any rights you may have to appeal, review, or otherwise oppose any determinations or actions of ABF in relation to the website or other related matters.

DISCLAIMER

If you or your child have never exercised before, you should seek your doctor’s clearance before starting exercise. If you feel dizzy while training, stop immediately and seek a doctor’s advice.

Average Bloke Fitness management believes safety is always the first priority when exercising.

If you choose to participate in any exercise program or article Average Bloke Fitness has published, you agree that it is entirely at your own risk.

For any injury, illness, or adverse changes in medical condition directly or indirectly from any exercise program or instructions provided by any owners or staff of Average Bloke Fitness, I hereby waive on my behalf, my heirs, and my executors hereafter any liability against the owners of Average Bloke Fitness, its staff, and any of its affiliates or investors.

Any third-party websites, videos, products, brands, or trademarks listed in any Average Bloke Fitness documents or online content are the sole property of their respective owners. No affiliation or endorsement is intended or implied.

We are not responsible for the outcome of any recipe you try from this site or any website linked to from this site. You may not achieve the desired results due to variations in ingredients, cooking temperatures, typos, errors, omissions, or individual cooking ability. You should always use your best judgment when cooking with raw ingredients such as eggs, chicken, or fish and seek expert advice before beginning if you are unsure. You should always take care not to injure yourself or others on sharp knives or other cooking implements or to burn yourself or others while cooking. You should examine the contents of ingredients prior to preparation and consumption of these recipes to be fully aware of and accurately advise others of the presence of substances that might provoke an adverse reaction in some consumers. Recipes available on this website may not have been formally tested by us or for us, and we do not provide any assurances nor accept any responsibility or liability with regard to their originality, efficacy, quality, or safety.

Website Conditions
By using the website, you irrevocably agree:

1. To comply with the T&C and any policies published by ABF from time to time.

Intellectual Property Rights
1. Not to copy, use, communicate to the public, or transmit the content of this website without the prior written consent of ABF, including logos and images, unless such use is a fair dealing under the Copyright Act 1968.
2. The text, data and metadata of the website is owned by ABF. You agree not to copy, download for use, reverse engineer or otherwise attempt to capture the design, data, metadata, operation, system or processes used on the ABF website.
3. To contact ABF if you would like permission to reproduce any of the website content. When any website content is reproduced or reposted, it must be attributed to ABF.

Use of Website
1. Not to do anything that may disrupt the use of its website or any other third party software, devices, services or other things necessary to the operation of the ABF website.

Code of Conduct
1. To engage with ABF and any other parties using or viewing the website in a polite and respectful manner. If you choose to use offensive, discriminatory, illegal, homophobic, racist, hate speech, or otherwise unacceptable language, actions, or other communications, ABF may, in its absolute discretion, serve you with a warning notice and/or deactivate, delete or suspend your membership and access to the website for any period or indefinitely, at its discretion. ABF reserves the right to report any illegal or unlawful activity concerning the website to the appropriate authorities.
2. To ensure that any information provided by you to ABF is accurate, truthful, not misleading, not deceptive or otherwise incorrect.
3. Not to do anything or hold yourself out to be related in some way to ABF without its consent.

Contact
1. ABF may contact you by any contact details you provide to ABF, including email, SMS, telephone, at its discretion, for any reason determined by ABF, including, but not limited to marketing of its goods and services, the website or affiliate/advertiser content.
Advertising
1. To advertisement content being published on the website and such content being broadcast to you, without further consent required, during your use of the website. Any advertisement content will consist of third-party links to external sources. ABF does not warrant the content of advertising content, whether available on the website or otherwise. You should satisfy yourself as to the veracity of any third party websites and any offers they may make; ABF shall bear no liability in relation to such matters.

Marketing
1. To consent to ABF using your personal information for ABF’s own purposes, including marketing of the website.
2. To the use of cookies to track your usage of the website.

Lawful Use
1. That you shall conform with all relevant laws in respect of your use of the website.

Disclaimer
1. ABF does not guarantee that:
1.1 The website will be secure or available at any particular time or location;
1.2 Any defects or errors in the website will be corrected;
1.3 The website will be free of viruses or other harmful materials.
2. You acknowledge that you use the ABF website solely at your own risk.

Termination of Website
1. That ABF may delete specific content or cease operation of the website at any time without prior notice and without a reason.
2. ABF is not liable for any loss, damage or other consequences suffered by you as a result of ABF ceasing operation of the website.

Membership credentials
1. You agree that should you share your membership or login details with any other person, that person is subject to these T&C. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise, from the unlawful use of the website by a party you have provided with access to your account.

2. You agree to secure your password. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise from the authorised or unauthorised use of your account by any other party, regardless of whether access to your account has been facilitated as a result of failing to secure your password to the website, or any other third party website, or through other means or actions by a third party which compromises your account.

3. You agree that you shall keep your membership and contact details up to date at all times through the ABF website.

Sale of goods and services

Binding Contract
1. Submitting an order for goods or services through the ABF website creates a legally binding contract between the purchaser and ABF, on the terms of these T&C.
2. Payment must be made in full at the time of placing an order through the ABF website. Orders are not complete until payment is made.
3. Once goods ordered through the ABF website are paid for, an order for goods or services may not be cancelled by the purchaser.
4. Prices shown on the ABF website are current as at the time an order is place and paid, however, ABF may change prices from time to time without notice.
5. To the best of ABF’s ability, the goods and services offered on the ABF website are available for purchase. In the event that a good or service is determined not to be available after a purchase is made, ABF shall promptly advise the purchaser and issue a refund.
6. ABF reserves the right to decline an order made through the ABF website at its discretion for any reason.
7. Prices stated on the ABF website are GST inclusive.

Postage
1. The purchaser is responsible for providing the correct postal address at the time of placing the order on the ABF website. ABF ships goods strictly in accordance with the details provided at the time of the purchaser submitting an order through the ABF website. ABF takes no responsibility or liability for incorrect postal address details provided by a purchaser.
2. The costs of postage and handling are in addition to the published prices of goods and services. Postage will be calculated at the time of checkout and placing of the order.

Risk
1. ABF has the right to arrange for delivery of goods and services in one or more shipments.
2. Risk of goods passes to the purchaser upon ABF placing the goods with the relevant postal/shipping provider.
3. Loss/damage of goods during transit is at the risk of the purchaser and ABF is not obligated to provide replacement goods in the event of loss or damage by the relevant postal/shipping provider.

Payment Providers
1. Payments for goods and services through the website must be made using the payment providers specified by ABF.
2. All payments made through the ABF website are subject to the terms and conditions of the payment providers.
3. The Supplier shall not be liable for any loss or damage suffered by the Customer in respect of the Customer’s use of payment providers.

Trade Promotions
1. Trade Promotions are subject to these T&C, ABF’s Giveaways Term and Conditions, and any applicable laws.
2. There are no refunds or replacements applicable to goods/merchandise purchased in conjunction with the entry to ABF Trade Promotions.
3. Failure to win a ABF Trade Promotion does not constitute a failure by ABF to supply goods/services/merchandise under contract law or Australian Consumer Law.
4. The Purchaser agrees that it shall not seek to reverse a payment transaction, or claim compensation, or cause detriment to ABF, or otherwise approach a payment provider (such as Paypal) for refund of payment for goods/merchandise/services related to a ABF Trade Promotion alleging that ABF failed to supply goods/merchandise/services solely due to the Purchaser not being successful in the Trade Promotion.
5. The Purchaser agrees to indemnity ABF in respect of any costs, loss or damage caused to ABF as a result of the Purchaser failing to comply with Clauses 40-43, including indirect costs, loss or damage.

Consumer guarantees and refunds

Refunds generally
1. If a good is not of acceptable quality, not fit for purpose, or does not match the representations on the ABF website, please contact ABF to discuss your options.
2. ABF does not offer refunds for change of mind.
3. Delivery of goods may be delayed due to COVID-19 and associated restrictions.
4. If we are not able to supply you with a good you have purchased due to COVID-19 or any associated restrictions, we will provide you with a refund of the purchase price.
5. When refunding, the refund will be sent to the same card or account that the funds were received from.

Australian Consumer Law
1. Many of ABF’s goods and services come with a guarantee or warranty from the manufacturer or supplier. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law.
2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
3. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerlaw.gov.au.
4. Where ABF is not permitted to exclude, restrict, or modify its liability for a breach of a condition or warranty that is implied by any statute or applicable laws but is permitted to limit its liability for the breach of such condition or warranty, ABF’s liability is limited to any one of the following as determined by ABF in its absolute discretion
4.1 in the case of goods supplied, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacement of the goods or of acquiring equivalent goods, or for the payment of the cost of having the goods repaired; and
4.2 in the case of services provided, the supply of the services again, or the payment of the cost of having the services supplied again.
5. The purchaser acknowledges that all goods are sold subject to the manufacturer’s trading terms and conditions and any warranty of the manufacturer.
6. Subject always to Clauses 50-54, all conditions, warranties and guarantees other than those expressly provided for in these T&C are excluded to the fullest extent permitted by law and ABF will not be liable to the purchaser for any loss caused (in whole or in part) by or arising out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods.

Damages
1. To the fullest extent permitted by law, ABF shall not be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the website, these T&C and the relationship between you and ABF. In no event shall ABF’s aggregate liability for any damages exceed the greater of $10.00 or the amount you paid ABF in the past 12 months.
2. In any event, ABF shall not be responsible for, or liable for, loss of opportunity or any losses associated with the loss of opportunity to participate in a trade promotions, competition or other game of skill/chance.

Jurisdiction
1. These T&C are subject to the laws of the State of NSW, Australia and each party submits to the authority of such Courts.
2. If a provision of these T&C is held invalid or unenforceable by any Court such determination and consequential severance (if any) shall not invalidate the rest of these T&C, which shall remain in full force and effect as if such terms and provisions had not been made a part of it.

PRIVACY POLICY

Your privacy is important to ABF.
We know that keeping client information secure is a top priority. The information you provide is only used for:

·         The primary purpose for which it was obtained, being:

·         Providing you with access to the website;

·         Selling you goods and services;

·         Providing you with payment platforms;

·         Marketing to you Conducting trade promotions;

·         Running promotions and events; and

·         Processing payments,

·         For a secondary purpose that is directly related to the primary purpose;

·         With your consent; or

·         Where required or authorised by law.

ABF may collect your personal information, which enables you to be identified, including your name, email address and contact details, or other relevant information, in order for us to make contact with you and other parties to carry out the purposes listed above.

ABF may use and disclose your personal information for the primary purpose, as necessary from time to time. We may use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.

By using the ABF website, or providing us with your personal information, you agree to us using your personal information as set out herein.

ABF takes considerable technical and organisational precautions to prevent the loss, or misuse of your personal or company information.

If you have any questions about this privacy policy or the treatment of your personal information, by ABF please feel free to contact us via the website.

MEMBERSHIP TERMS & CONDITIONS

Average Bloke Fitness Subscription Memberships:
Average Bloke Fitness (ABF) Memberships are an ongoing subscription service that is directly debited from a nominated bank account or credit card each week until cancelled.

ABF Membership provides members with access to a range of benefits including but not limited to: Entries into our trade promotion giveaways *Subject to Trade Promotion permits*

Membership $10.00 per week.

-          4 day per week training program, with video tutorial

-          Access to meal idea library

-          Access to ‘how to guides’ library

-          1 Accumulating Entry per week into each of Average Bloke Fitness’s Trade Promotion Giveaways to the maximum of 52

-          5% off Merchandise

– Memberships are automatically debited; members can nominate and change their preferred payment method or cancel anytime.

– All Membership Payments/Subscriptions/Automatic direct debits are non-refundable.

– Cancellation requests can be by emailing us info@averageblokefitness.com and will cancel effective on the next billing cycle.

– A Member’s accumulating entries are added to their account when the payment is completed at each billing cycle.

Loyalty benefits are provided to each ABF member based on their weeks of membership. Members accumulate entry(s) for every week that their membership fee is debited. Entries are generated based on the current membership status of the customer. These entries accumulate and are valid for every trade promotion giveaway that Average Bloke Fitness offers *Subject to permits. For details on the promotion please refer to the specific terms and conditions associated on the relevant trade promotion.

– Members can still opt to purchase merchandise and receive additional entries into each trade promotion giveaway. Loyalty Benefits provided Members will accumulate entries into each of our trade promotions based on their weeks of membership at the end of the

EG: Membership sign up 23/11/2024 at 5pm
Eligible first Draw – (draw closes 30/11/2024 at 12pm AEDT NSW) = 2 entries
2nd Draw (draw closes 31/12/2024 at 12pm AEDT NSW) = 6 entries
3rd Draw (draw closes 31/1/2025 at 12pm AEDT NSW) = 10 entries
4th Draw (draw closes 28/02/2025 at 12pm AEDT NSW) = 14 entries and so on…

– Loyalty Benefits are provided based on consecutive weeks of membership, if a member cancels or payment fails and membership is terminated then the weeks accrued will revert to zero.

– Entries are automatically provided to members and will be emailed to member’s before every draw. (calender month)

– Members do not need to do anything to enter the trade promotion giveaways subject to state and territory approval and eligibility to enter.

– Members must be 16 years of age and older. Members under 18 must have parental/Legal Guardian’s consent.

– Average Bloke Fitness staff and family are not eligible for ABF memberships

– By signing up and becoming a member you agree to these terms and conditions. – Average Bloke Fitness shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) for any personal injury suffered or sustained in connection with any prize/s, events, except for any liability which cannot be excluded by law.

– If you enter an Average Bloke Fitness trade promotion you acknowledge the terms and conditions of entry. These terms and conditions apply to all entries into our trade promotion, and we reserve the right to change.

– By entering the trade promotion, you agree to abide by these terms and conditions and any amendments to the terms and conditions (approved by the appropriate state regulatory body) and posted on our website www.averageblokefitness.com

– Average Bloke Fitness takes no responsibility for any issues arising from the technical malfunction of computer, internet or software.

– If for any reason any aspect of our trade Promotions is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of Average Bloke Fitness, Average Bloke Fitness may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to Australian State or Territory regulation.

Average Bloke Fitness ABN 96 678 838 689
Business Address: 31 Lundberg Dr, South Murwillumbah NSW 2484