Refund Policy

We at Off The Track Training & Joy’s Fitness Hub want you to be completely happy with your purchase. If you have any questions, concerns, or problems, please email support@offthetracktraining.com.au

In the event, however, that you decide your purchase was not the right decision, we want to make things right. Within 30 days of your purchase, Off The Track Training will refund the full price you paid upon request. Simply submit a request to support@offthetracktraining.com.au, with the subject “Membership Problem” and let us know what the issue is and why you’d like a refund.

After the first 30 days, you will need to provide at least 30 days notice before cancelling your membership at any stage.  

Terms of Service

  1. ACCEPTANCE OF TERMS

Joy’s Fitness Hub is a property of Off The Track Training which provides health and fitness services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice.  In addition, when using any particular Off The Track Training services, you and Off The Track Training shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Off The Track Training may also offer other services that are governed by different terms of service.

By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, including the use of the information services provided through this Website.

  1. DESCRIPTION OF SERVICE

Off The Track Training provides users with access to resources, including various health and fitness programs and tools, which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from Off The Track Training, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Off The Track Training properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Rainmaker Digital assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

  1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Off The Track Training has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Off The Track Training has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  1. OFF THE TRACK TRAINING’S DIGITAL PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at . You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

  1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

You will create a password and username upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or membership account. You agree to (a) immediately notify Off The Track Training of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Off The Track Training cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  1. MEMBER CONDUCT

You understand that all information, data, text, software, audio, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Off The Track Training are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Off The Track Training does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Off The Track Training be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Off The Track Training official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event, however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  1. interfere with or disrupt the Service or servers or networks connected  to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  2. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  3. “stalk” or otherwise harass another; and/or
  4. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Off The Track Training may or may not pre-screen Content, but that Off The Track Training and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Off The Track Training and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that Off The Track Training may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Off The Track Training, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Off The Track Training and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

  1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Off The Track Training does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, Off The Track Training will request permission from you to further use this information across worldwide networks.  

  1. INDEMNITY

You agree to indemnify and hold Off The Track Training and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

  1. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Off The Track Training may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Off The Track Training has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Off The Track Training reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Off The Track Training reserves the right to modify these general practices and limits from time to time without notice.

  1. MODIFICATIONS TO SERVICE

Off The Track Training reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Off The Track Training shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

  1. TERMINATION

You agree that Off The Track Training may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that Off The Track Training shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

  1. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Off The Track Training shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

  1. LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Off The Track Training has no control over such sites and resources, you acknowledge and agree that Off The Track Training is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Off The Track Training shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OFF THE TRACK TRAINING, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. OFF THE TRACK TRAINING AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OFF THE TRACK TRAINING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OFF THE TRACK TRAINING AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR RAINMAKER DIGITAL HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

  1. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  1. NOTICE

Off The Track Training may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

  1. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Off The Track Training and governs your use of the Service, superseding any prior agreements between you and Off The Track Training with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Off The Track Training services, affiliate services, third-party content, or third-party software.

Waiver and Severability of Terms. The failure of Off The Track Training to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Off The Track Training account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

  1. VIOLATIONS

Please report any violations of these TOS to support@offthetracktraining.com.au

23. CONDITIONS OF SITE

Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime, you consult with your healthcare professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

Information Provided on Website

All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Off The Track Training includes experts on nutrition and fitness. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Off The Track Training.

Nutritional Information

Nutritional information provided on the Website is developed by Stacey Curcio N.D. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, please consult with your doctor or primary health care provider for personalised advice.

Fitness Ability Level

You require a basic level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

  • pregnant women and women who are breastfeeding or who are trying to conceive a child;
  • persons with any on going physical condition such as:
  • persons suffering from cancer or other long term illness;
  • persons with liver disease, kidney disease, or renal failure,
  • persons with eating disorders;
  • persons with diabetes, blood pressure or cholesterol issues;
  • elderly persons;
  • persons recovering from or recently recovered from illness or injury; and
  • persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Website Quality

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

Non OFF THE TRACK TRAINING services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from Off The Track Training . If in the opinion of Off The Track Training members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Off The Track Training reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Intellectual Property

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

  1. sharing the content of this Website or your account with other persons;
  2. publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
  3. registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us
  4. systematic downloading or “scraping” of content of the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

 

Privacy Policy

1. JOY’S FITNESS HUB

Effective Date: 1/01/17

Protecting your privacy:OFF THE TRACK TRAINING PTY LTD ABN 64 610 133 778 or ‘Dalkeith’ Station, Longreach Q 4730  are committed to protecting the information about you that we collect, store and use when you provide it to us at our web and mobile sites: joysfitnesshub.com and mobile application. We manage your information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). This document describes how we manage any personal information we have collected about you from the Website.

By accessing the Website you accept the terms and conditions of its use, and consent to the collection, use and disclosure of your personal information in accordance with this privacy policy and the terms and conditions of use of the Website.

2. COLLECTION & USE OF PERSONAL INFORMATION

2.1 Off The Track Training’s use of your personal data

Registration process

When you register to become a member of Joy’s Fitness Hub, or when you register your interest to sign up in the future, you will be asked to complete an online form to submit different information about you to us. Such information includes:

  1. your name;
  2. your contact details such as your telephone number, physical address and email address;
  3. your date of birth;
  4. information that allows us to process your payment to us, such as bank account details and credit card information;
  5. a brief biography about yourself such as your hobbies, interests, occupation and relationship status; and

If you do not provide us with the necessary information, you may not be able to complete the registration and receive the information from us.

2.2 What does Off The Track Training do with my personal information?

We collect, hold and use your personal information for a number of purposes, as outlined below: Providing services to you and operating the Website

In general, we use the information that we collect to:

  1. assist us in providing goods and services to you;
  2. contact you or respond to your queries;
  3. display, update and maintain the content of the Website;
  4. tailor your experience of the Website and our communications to you; and
  5. send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events.

Running Competitions and Promotions

If we collect information from you as part of any competitions or promotions, we use the information that we collect in profiling your fitness, displaying the results of competitions, promoting the service and encouraging other members of the Website.

General uses

We may also use the information that we collect from you:

  1. to advertise our services and the Website. However, we will seek your consent before we use your photograph publicly for this purpose;
  2. for our internal administrative, marketing and planning requirements;
  3. to compile and report statistics, with all the relevant personal and/or proprietary information de-identified prior to the completion of such statistics; and
  4. for purposes that are expressly permitted under any agreement with you.

Testimonials

We publish customer testimonials on our website, in social media profiles, on our Youtube channel and within advertising creative material. These testimonials may contain personally identifiable information. We obtain your written consent at the time the testimonial is recorded. If you want your testimonial removed please contact us at support@offthetracktraining.com.au

3. MARKETING MATERIAL

We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us. This information will only come from us. We will not on-sell your personal information to other providers without your consent.

You may opt out of receiving promotional materials from us at any time by contacting us at support@offthetracktraining.com.au, or by following the ‘unsubscribe’ link on the relevant promotional emails.

4. PROTECTING AND MAINTAINING PERSONAL INFORMATION

We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

Certain parts of the Website (such as those parts that require you to provide us with your credit card number) provides the ability for you to transmit information to our Website in an encrypted form by using Secure Checkout through Ontraport. However, other parts of the Website are not protected by any form of encryption to protect information you send from your computer to us over the Internet. Further, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk. If you have any questions regarding security you can contact us at support@offthetracktraining.com.au

You are solely responsible for maintaining the security of your passwords and/or any account information. We will destroy or de-identify your personal information when it is no longer needed or required to be kept by law or to provide services to you. Please note that, as you may continue to have access to your account after your service subscription expires, we will continue to retain your personal information on the Website so that you may access it. You can manually delete your personal information on the Website by accessing your account. We will also preserve the content of any email or information you submit if we believe we have a legal requirement to do so, or if any form of email abuse is suspected.

5. UPDATING YOUR PERSONAL INFORMATION

It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access the information we hold about you, please submit a request to support@offthetracktraining.com.au.  If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the subscribed service.

If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law. If you know the information we hold about you is not accurate or complete, please notify us. We will respond to requests for access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6. PRIVACY CONCERNS

If you have any concerns about how we handle your personal information or require further information, please contact the Privacy Officer at support@offthetracktraining.com.au. Also use this contact if you no longer consent to receiving marketing material from us, or to the posting of your personal information on the Website.

This document represents our policy as at 1 January 2017. We may change this document from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Website prior to the change becoming effective. Although we intend to observe this policy at all times, it is not legally binding on us in any way. From time to time we may regard it as necessary or desirable to act outside the policy. We may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation. We encourage you to regularly review this statement to inform yourself of any amendments.

8. CONTACT US

Joy McClymont

Off The Track Training Pty Ltd

‘Dalkeith’ Stn, Longreach Q 4730  or

1610 Spoilbank Lane, Vergemont Q 4730

joy@offthetracktraining.com.au OR support@offthetracktraining.com.au

Ph:  07 4658 9039