BRUNO CONCEPTS will provide the Services to You on the terms and conditions set out below.

The parties agree as follows: 

1 Interpretation 
In this document, unless the context requires  otherwise: 
a. Commencement Date means the date BRUNO CONCEPTS commences providing the  Services; 
b. Contract means the contract for the supply of Services by BRUNO CONCEPTS to You, constituted  by these Terms and the Policies; 
c. GST has the meaning given to it in the A  New Tax System (Goods and Services Tax)  Act 1999 (Cth);
d. Invoice mean an invoice rendered by BRUNO CONCEPTS to You under clause 4; 
e. Loss includes, but is not limited to, direct,  indirect, punitive, incidental, special,  consequential damages or any damages  whatsoever, costs (including party to party  legal costs), expenses, lost profits or  revenue, lost data, personal injury and  property damage; 
f. Medical Disclosure means the medical disclosure form that is provided by BRUNO CONCEPTS to You; 
g. Policies mean the policies that BRUNO CONCEPTS may have from time to time, including its  privacy policy; 
h. Services means the fitness and nutrition coaching services You engage BRUNO CONCEPTS to provide to You in accordance with the Service Levels which includes access to any Third Party Platform for the purpose of  providing those services;
i. Service Levels means the specific  combination or package of Services that you have requested BRUNO CONCEPTS to provide to you,  subject to any variations pursuant to clause
3b.ii from time to time: 
j. Subscription Fees means the amounts  payable by You to BRUNO CONCEPTS for each  Subscription Period; 
k. Subscription Period means each  fortnightly period commencing on the  Commencement Date; 
l. Terms means this document entitled  “Terms and conditions”; 
m. Third Party Platform means any third party software platform that BRUNO CONCEPTS may use to  deliver the Services, including but not  limited to Trainerize; 
n. Trainerize means the online personal  training software platform known as  “Trainerize”; 
o. You means the person requesting BRUNO CONCEPTS to supply the Services the subject of these  Terms; 
p. a reference to a person includes: 
i. a partnership, joint venture,  unincorporated association, corporation and a government or statutory body or authority; and 
ii. the person’s executors,  administrators, legal personal representatives, successors, assigns and persons substituted by novation; and 
q. a reference to the parties is a reference to BRUNO CONCEPTS and You. 

2 Contract formation 
a. Subject to clause 2b, You shall be deemed  to have entered into a Contract when: 
i. You provide a fully completed Medical 
ii. either: 
A. You access your account on a Third Party Platform created by BRUNO CONCEPTS for the purpose of providing the Services; or 
B. You pay the Subscription Fee for the first Subscription Period. 
b. BRUNO CONCEPTS may at its discretion waive any  requirement under clause 2a. 

3 Services 
a. In consideration of You paying the  Subscription Fees, BRUNO CONCEPTS will provide the Services at the chosen Service Level for the  Subscription Period corresponding with the Subscription Fees paid. 
b. BRUNO CONCEPTS may in its full discretion: 
i. provide the Services through any  method or Third Party Platform; 
ii. amend the Service Levels for any one  or all future Subscription Periods by giving you at least 2 weeks’ notice; or 
iii. increase the Subscription Fees for any  Subscription Period by giving you at least 2 weeks’ notice. 
c. You agree to the terms and conditions of  any Third Party Platform used by BRUNO CONCEPTS to deliver the Services. At the  Commencement Date, the Third Party Platform used by BRUNO CONCEPTS shall be Everfit and you agree to its terms set out  here: https://everfit.io/tos/

4 Payment 
a. You must pay the Subscription Fee for each  Subscription Period to BRUNO CONCEPTS in advance.  
b. BRUNO CONCEPTS does not have to, and may refuse  to, provide any part of the Services for any  Subscription Period unless the Subscription  Fees for that Subscription Period have been received by BRUNO CONCEPTS in cleared funds.
c. BRUNO CONCEPTS may render Invoices through a  Third Party Platform to You at any time for  Services to be supplied by BRUNO CONCEPTS to You.  
d. You must pay in full the unpaid amounts in  any Invoice through the payment methods  provided on the Third Party Platform, unless  otherwise agreed in writing. Time is of the  essence in relation to payment of Invoices. 
e. The Subscription Fees and all other  amounts payable by You to BRUNO CONCEPTS are  exclusive of GST unless expressed  otherwise in the Invoice. 

5 Credit card payments 
If You make any payment by credit card through  the Third Party Platform, You:  
a. warrant that You have the necessary  authority to authorise payments;
b. agree that You will not request Your  financial services provider that has issued  the credit card used (FSP) to process a  chargeback; and 
c. agree that You will do all things necessary  to assist BRUNO CONCEPTS to verify to the FSP or  BRUNO CONCEPTS’ financial services provider, that  You have authorised the credit card  transactions relating to the Services supplied by BRUNO CONCEPTS to You. 

6 Termination 
a. BRUNO CONCEPTS may at its absolute discretion  terminate the Contract with immediate effect  at any time by giving You notice in writing  (Termination Notice). 
b. You may terminate the Contract by giving  BRUNO CONCEPTS at least 1 week’s notice and the Contract will be deemed to be terminated at  the end of the Subscription Period in which  the notice period ends. 
c. If the Contract is terminated: 
i. You must immediately pay all amounts  outstanding and payable by You to BRUNO CONCEPTS pursuant to the Contract up to the termination date; and
ii. BRUNO CONCEPTS will refund You the  Subscription Fees relating to any part of a Subscription Period in which BRUNO CONCEPTS does not provide the Services to You. 

7 Refunds 
Subject to Your rights under the Australian Consumer Law, BRUNO CONCEPTS will not resupply or refund any Service. 

8 Acknowledgements and limitation of liability 
a. Although BRUNO CONCEPTS invests its utmost care  and skill into the design and delivery of the  Services, it gives no warranty in relation to  the results that the Services may achieve. 
b. In using the Services, You expressly agree  that Your use and consumption of the  Services is at Your own risk. 
c. To the extent permitted by law: 
i. all terms, guarantees, warranties,  representations or conditions which are not expressly set out in this Contract are excluded; and 
ii. BRUNO CONCEPTS is not liable or responsible in  any way to You or any other person for any Loss suffered as a result of any error, omission, deficiency, discrepancy or issue with the Services. 
d. Where, by law, BRUNO CONCEPTS is not able to  exclude terms, guarantees, warranties,  representations or conditions but is able to  limit its liability, then to the extent  permissible by law, BRUNO CONCEPTS limits its liability for any breach, to: 
i. the resupply of the Services; or 
ii. the costs of supplying the Services. 

9 Warranties and indemnity 
a. You warrant that: 
i. You are physically and medically fit enough to use the Services;
ii. all information in the Medical  Disclosure is true and correct;  
iii. once you are or become aware of any  information:  
A. which may be contrary to the  information in the Medical Disclosure; or 
B. that a reasonable person will  expect to have a material effect on your ability to receive the Services (Medical Information), you will immediately: 
C. disclose the Medical Information to BRUNO CONCEPTS; 
D. seek and act in accordance with advice from Your doctor or other suitably qualified medical practitioner in relation to the continued use of the Services; and 
iv. you will not use the Services if the  Services may adversely affect any  existing medical condition you may  have. 
b. You indemnify and keep indemnified BRUNO CONCEPTS and its servants and agents in respect of any claim or demand made or action commenced by any person  (including, but not limited to You) against BRUNO CONCEPTS in connection with any Loss arising  from or incidental to the provision of the  Services or the Contract, including the any  Loss resulting from your failure to disclose  the Medical Information pursuant to clause  9a.iii or personal injury or death as a result  of Your use of the Services. 
c. You indemnify BRUNO CONCEPTS against all costs  and expenses incurred by BRUNO CONCEPTS as a  result of Your failure to perform Your obligations under the Contract, including  enforcement costs and party to party legal  costs.
d. Clauses 6c.i, 8 and 9 remain in force after  the termination of the Contract.

10 Linked websites 
a. The Third Party Platform may contain links  to other websites (Linked Websites), which  are provided for convenience only and may  not remain current or be maintained. 
b. Unless and to the extent we stipulate to the  contrary, BRUNO CONCEPTS does not endorse,  approve or recommend the owners or  operators of those Linked Websites, or of  any information, graphics, materials,  products or services referred to or contained  on those Linked Websites. 
c. To the extent permitted by law, we accept  no responsibility or liability for, and give no  warranty (express or implied) of any kind in  respect of, the Linked Websites and your  use of them or any products or services  available on or through the Linked  Websites. 

11 Privacy 
a. In the course of dealing with You, BRUNO CONCEPTS will collect personal information from You (including photographs and images of You) in accordance with the Policies. 
b. You agree to allow BRUNO CONCEPTS to collect and  use the personal information collected from  You for the purpose of supplying the  Services to You, marketing and providing  other goods and services to You and  otherwise in accordance with the Policies. 
c. You agree to BRUNO CONCEPTS: 
i. disclosing Your personal information  to other organisations in order to facilitate supply of the Services to You; and 
ii. using photographs and images of You for its marketing unless You advise otherwise. 

12 General 
a. If any part of the Contract is or becomes void or unenforceable, that part is or will be  severed from the Contract to the intent that all parts that are not or do not become void  or unenforceable remain in full force and effect and are unaffected by that severance. 
b. These Terms can only be varied by written  agreement of the parties. 
c. Any notice or Invoice that BRUNO CONCEPTS may give  or issue to You pursuant to these Terms will  be deemed to be validly given or issued if  posted, faxed or emailed to You at the  contact details provided by You. 
d. BRUNO CONCEPTS is not liable to You for any default  or delay in the supply of the Services to You due to circumstances beyond BRUNO CONCEPTS control including, but not limited to, the  unavailability of materials or components,  strikes, lockouts, riots, natural disasters,  fire, war, acts of God, government decrees,  proclamations or orders and failures or  malfunctions of computers or other  information technology systems. 
e. The Contract shall be governed by the law of New South Wales and the parties consent to the non-exclusive jurisdiction of the Courts of New South Wales.