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)

Privacy Policy means the Panda Coaching privacy policy is displayed on the Website

and App from time to time.

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

(c) consent to receiving communications from us as outlined in these terms.

‍

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

(c) Planning Sessions

(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);

(c) to interfere with the lawful and reasonable use of the Group by others; and

(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.

(c) Your membership can be cancelled during the cooling-off period by contacting

admin@pandacoaching.com

(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.

(c) Cancellation For Any Other Reason

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 requestion. 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, atleast 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

‍

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;

(c) provide information on services and benefits available to you through the App;

(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;

(c) accept responsibility for all activity on your Account or a program which takes place

using your login or password;

(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;

(c) not post, publish, distribute or display sexually explicit images or words;

(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;

(c) engaging in activity which is too strenuous for your level of fitness and health;

(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

(c) are supplied within a reasonable time (when no time is set).

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

‍