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
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.
2.1 -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)
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.
AGREE, DO NOT USE THE SITE.
PANDA reserves the right, at its sole discretion, to change, modify, add or remove
posting of changes will mean that you accept and agree to the changes. As long as you
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
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
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
(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
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
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
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
(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
(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
(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 email@example.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
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.
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 firstname.lastname@example.org.
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
(a) You fail to abide by the obligations listed in the terms and conditions outlined in this
(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
(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
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.
10.1 - In purchasing any product or services from the Site ("the Purchase") you agree
(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
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.
11.1 - 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
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
15.1 - 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.
16.1 - 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.
17.1 - 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
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
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
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
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
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
(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.
19.1 - 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
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.
20.1 - Customers may make a complaint by email to email@example.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;
(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;
(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
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
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
(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
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
(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.
24.1 - 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 firstname.lastname@example.org.
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.
26.1 - 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
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,
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
(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
(d) you consent to receiving
We are committed to managing personal information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and any other applicable privacy laws. In addition to the Privacy Act, if you are located in the European Union (EU) (including the European Economic Area (EEA)), the section 'European residents' below provides further information about our processing of your personal information we collect and your additional data subject rights in relation to the processing of your personal information (or personal data) under the General Data Protection Regulation (2016/679) (GDPR).
In providing our services to you we may collect and process personal information as outlined below. Panda Coaching Pty Ltd will be a data controller for the purposes of the GDPR, and this policy includes information that must be provided to you when we collect your personal information. This Policy sets out how we collect, use, disclose, store and dispose of personal information about our customers, employees and any other people we interact with. It should be read together with any terms and conditions governing your use of our products or services, website or app and any location-specific legal notice.
In this Policy,
● personal information means any information about an identified individual or an individual who is reasonably identifiable or as otherwise defined by applicable data protection law.
● services means any services we offer, including but not limited to fitness coaching services or programs, workout guides, or health and nutrition advice.
● you refers to any individual about whom we collect personal information.
● Fitness/lifestyle activity data means fitness activity or health information of an individual, including weight, height, measurements, step count, exercise activities, accelerometer readings, barometer readings, location sensor readings that include GPS coordinates, timestamps, elevation, speed and bearing.
1. What Information Do We Collect About You?
We only collect personal information where it is necessary for our functions or activities. The kinds of personal information we collect will depend on the capacity in which you deal with us. You can always decline to give us any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested.
Customers and potential customers (via our website and/or app) When you enquire about our products or services or sign up for our updates through our website, we will typically collect your name, e-mail address and any other contact details required for us to respond to that enquiry.
When you sign up for our app, we will typically collect your name, e-mail address and any other contact details required from time to time.
If you become a customer of ours via our website, and/or purchase programs via our
app, we may also collect:
● your age and any other details needed so you can participate in our services;
● some sensitive information, being health information related to your physical health and future goals;
● statistics on your participation rates and milestones;
● with your consent, your photo or video for promotional purposes;
● fitness/lifestyle activity data provided by you or generated via your use of the app, including the activity data generated by any devices or services that you choose to connect to the app (e.g. Smart Watches, Google Fit, Apple Health, or other third-party fitness trackers); and
● any additional personal information you provide to us or authorise us to collect.
The purpose of collecting sensitive information about you (being health information),
including fitness/lifestyle activity data provided by you through other devices or services,
is so we can measure your health and achievements in our fitness activities. We only
use your sensitive information for this purpose and no other purpose.
The types of sensitive information we collect may include your weight, height, measurements, step count, exercise activities, accelerometer readings, barometer readings, location sensor readings that include GPS coordinates, timestamps, elevation, speed and bearing, whether you smoke or are pregnant and other relevant health-related information. We will obtain your express consent in circumstances where it is necessary for us to collect sensitive information.
We may collect personal information as part of our recruitment activities, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.
We may also collect personal information from third parties in ways that you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions.
We may collect personal information from other individuals who are not customers or employees. This includes our individual service providers and contractors and other individuals who interact with us on a commercial basis. Generally, it would include your name, contact details, identification details, any required background checks or relevant business experience, and any other information relevant to our interactions and transactions with you.
Visitors to our websites
How we handle the personal information of visitors to our websites is discussed below.
2. How Do We Collect Your Personal Information?
We generally collect personal information directly from you. We may collect and update your personal information by email, via our website, or via our Mobile Application, or our Third Party Training Application. We may sometimes collect personal information about you from other sources, for example our third-party suppliers and contractors who assist us in operating our business (such as payment gateways like PayPal or Shopify or Mobile Application Developers).
Fitness/lifestyle activity data
When using our app, you may also choose to connect a third-party service/device (e.g. an Apple Watch or fitness tracker, or Google Fit via API or other integration) and enable that service/device to collect additional data, such as fitness/lifestyle activity data. If you choose to do so, we will import your fitness /lifestyle activity data to our app so that we can measure your health and achievements in our fitness activities and services.
3. Why Do We Collect And Use Your Personal Information?
We collect personal information reasonably necessary to carry out our business, to assess and manage our customers' needs, and provide fitness programs. We may also collect information to fulfil administrative functions associated with these services.
The purposes for which we usually collect and use personal information depends on the nature of your interaction with us, but may include:
● Providing guidance, support and feedback related to your use of our products or services;
● to process and administer your dealings as a customer, including processing payments and any direct debit requirements or facilitating delivery;
● planning, marketing and administering programs and events;
● researching and developing our products and services, including market research;
● sending you updates on our services, or opportunities or events you may be interested in;
● recruitment processes (including for volunteers, internships and work experience);
● any purpose you have consented to;
● any related secondary purpose we believe you would reasonably expect when we collected your personal information or because of our relationship with you;
● any purpose for which we are required or authorised by applicable law; and
● to respond to and manage inquiries, complaints, feedback and claims, defend our legal interests and investigate and protect against fraud, theft and other illegal activities.
We may use your image or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur, or where you have given us your express or implied consent (for example, where you have won a prize, or where you have tagged us in photo or video on a social media platform).
4. Connecting With Google Fit, Apple Health / Other Third-Party
Services and Devices via our app
If you choose to connect your account to a third-party service/device (such as Google Fit for Android users or Apple Health) when using our app, we will share your fitness /lifestyle activity data with these parties only for the purposes set out above (i.e. to provide our services and measure your health and achievements in our fitness activities). You will be asked for your consent when you connect to these services/devices, and you may revoke that consent at any time by disconnecting from them.
Our use of information received from Google APIs (including Google Fit APIs) will adhere to Google API Services User Data Policy, Google Fit Developer and User Data Policy, and Limited Use requirements.
5. How Do We Interact With You Via The Internet?
We collect certain information such as your device type, browser type, IP address, pages you have accessed on our websites and on third-party websites and your click path or clickstream. You are not identifiable from such information. You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.
6. How Do We Interact With You Via Our App?
Our app may contain links to third-party websites. We are not responsible for the
content or privacy practices of websites that are linked to our app. Any information you
provide directly to a third party (such as Stripe) will be managed in accordance with that
7. Can You Deal With Us Anonymously?
We will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). If we do not collect personal information about you, you may be unable to use our full range of services or participate in programs or activities we deliver.
8. How Do We Hold And Secure Information?
We store information using digital or cloud-based platforms in secure databases (including trusted third-party storage providers; Amazon Web Services). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original documents securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
We also maintain network security, for example, firewalls and other security systems such as user identifiers and passwords to control access to our computer systems.
Our websites and app do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.
We take steps to destroy or de-identify information that we no longer require securely.
9. Do We Use Or Disclose Your Personal Information For Digital Or
We may use or disclose your personal information to inform you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt out at any time by contacting us using the contact details below or the unsubscribe facility in all emails we send to you.
If you opt out of receiving marketing material from us, we may still contact you for the purposes of facilitating other dealings with you (such as the order of products or services).
We may occasionally engage other companies to provide marketing or advertising services on our behalf. Those companies will be permitted to obtain only the personal information they need to deliver the service. If we provide those companies with any of your personal information, it is to provide you with a better or more relevant and personalised experience and to improve the quality of those services.
10. How Do We Disclose Personal Information?
We will not sell, distribute or disclose your information or personal details to any third parties, other than in accordance with this Policy, and to those who are contracted to us to keep your information or personal details confidential.
We may disclose personal information:
● to our suppliers, consultants, contractors or agents we engage in order to provide our services, including for payment processing and debt recovery, shipping, data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance, development or hosting, archiving, marketing and market research;
● via our social media pages for promoting us and our services;
● if we merge with or are acquired by another entity, to that entity as a part of the merger or acquisition;
● to relevant government authorities for the purpose of investigating an incident, for example, a workplace health and safety matter or a security incident;
● when conveying information to a responsible person (e.g. parent, guardian, spouse) if you are injured, incapable or cannot communicate, unless you have requested otherwise;
● for other administrative and operational purposes, such as risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives).
We may use and disclose your personal information for other purposes explained at the time of collection, that you have consented to or otherwise as set out in this Policy.
11. Do We Disclose Personal Information Overseas?
Unless we have your consent or an exception under the APPs applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your personal information.
The reason for disclosure to an overseas recipient depends on the nature of the services those recipients provide to us (for example storing data via a cloud service, or where our customer relationship management system is hosted on servers located overseas).
12. How Can You Access Or Seek Correction Of Your Personal
You are entitled to access the personal information we hold about you upon request. You can do this by contacting us using the contact details set out below.
You will not be charged for requesting to access your personal information, but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in the information we hold about you and letting us know if your personal details change.
If you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.
We may decline your request to access or correct your personal information in certain circumstances in accordance with the APPs. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
13. Data Breaches
Under the APPs, we may be required to notify you about ‘eligible data breaches’. An eligible data breach occurs when:
1. there is unauthorised access to or disclosure of personal information we hold (or information is lost in circumstances where unauthorised access or disclosure is likely to occur);
2. the access, disclosure or loss is likely to result in serious harm to you; and
3. We cannot prevent the likely risk of serious harm with remedial action.
If it is unclear whether a suspected data breach meets these criteria, we will investigate and assess the breach further. This is to ensure you are notified if your personal information is involved in a data breach that is likely to result in serious harm. Even if the criteria are not met, we may decide it appropriate to notify you anyway as part of our commitment to taking privacy seriously.
14. European Residents
If you are an individual customer based in Europe and we offer or provide our products or services to you, our processing of your personal information will be subject to the GDPR and the following additional information applies.
Panda Coaching Pty Ltd is the data controller for the purposes of processing your personal information. We have a Privacy Officer who will also be appointed as a Data Protection Officer if we have a legal obligation to do so.
Our Legal grounds for processing: We rely on the following legal grounds to process
your personal information:
● Contract performance - we need to collect and process your personal information to enter into a contract with you when you purchase our products or to perform our obligations under a contract with you when you request, and we provide you with our products and services;
● If it is necessary to pursue our legitimate interests and does not override your rights and interests - this is the usual basis on which we carry our business for the purposes set out above and includes when we carry out research, conduct direct marketing or otherwise communicate with you; and
● with your consent- we need your consent to collect and use your sensitive information such as your health information or to send you direct marketing.
● To comply with laws or regulations that apply to us including exercising our rights.
Transfer of information outside Europe: If we or our service providers or one of our related entities transfers your personal information outside Europe or onwards to a third country from Australia, we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. We will do this by one of the following:
● sending it to a country approved by the European Commission as having
adequate privacy protections;
● the recipient has signed a contract based on standard “model contractual clauses” approved by the European Commission, requiring them to protect your personal information) (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/ind ex_en.htm; or
● if the recipient is located in the US, it may be a certified member of the EU-US Privacy Shield scheme (https://www.privacyshield.gov/welcome) or another valid scheme; or
● meeting the requirements of an applicable derogation such as obtaining your consent;
How long do we retain your personal information?
We retain your personal information for as long as necessary to provide our services and products that you have requested, to comply with our legal obligations, resolve disputes, and enforcing our rights and policies. Unless we have an ongoing relationship with you (e.g. you are a frequent customer) or otherwise required, we will retain your personal information for no longer than 2 years.
Your additional rights and choices: You can -
● Ask us to erase your personal information without undue delay in certain circumstances such as if you withdraw your consent and we otherwise have no legal reason to retain it.
● Object to, and ask us to restrict, our processing of your personal information in certain circumstances, such as while we verify your assertion the information is inaccurate or if we are processing your information for our legitimate interests or for direct marketing purposes (we may be legally entitled to refuse that request).
● In some circumstances such as where we are processing your information with your consent, receive some personal information you have given us in a structured, commonly used and machine-readable format and/or ask us to transmit it to someone else if technically possible and feasible.
● Withdraw your consent (but we may be able to continue processing without your consent if there is another legitimate reason to do so).
● Lodge a complaint with the relevant European data protection authority if you think that any of your rights have been infringed by us – we can, on request, tell you the relevant authority for the processing of your personal information.
15. What Should You Do If You Have A Complaint About The
Handling Of Your Personal Information?
You may contact us at any time if you have any questions or concerns about this Policy or about the way in which your personal information has been handled. You may make a complaint to us using the contact details set out below.
In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.
If you are not satisfied with our response to your complaint, or you consider that we may
have breached the APPs or the Privacy Act, a complaint may be made to the Office of
the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the OAIC website.
We may amend this Policy from time to time, with or without notice to you. We recommend you visit our website or app regularly to keep up to date with any changes.
17. How Can You Contact Us?
If you have any queries, if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: email@example.com