In these Terms, ‘us’, ‘we’ and ‘our’ means James Cant Fitness Pty Ltd.
You may need to be a registered member to access certain features of our website.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
For promotional purposes, we may display the usernames of the last few orders received. For example “John Smith just bought…”. When registering and activating your account, we strongly recommend using a username rather than your full name if you do not want others to know what products you have ordered.
2. Collection Notice
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you. We may disclose personal information outside of Australia to third party suppliers or cloud providers located in the United States of America, Ireland, United Kingdom, or the Philippines.
3. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. LEGAL DISCLAIMER
This website’s content (‘Site’), and any of James Cant Fitness Pty Ltd programs are not a substitute for professional medical diagnosis, treatment or attention. None of James Cant Fitness Pty Ltd programs should be performed or used without clearance first from a medical professional or health care provider. The programs are not intended to provide physical, mental or health care advice, or any advice whatsoever, for any individual or company, and should not be relied on in that regard. We are not medical professionals, and nothing on this website or within the programs should be construed otherwise.
There may be risks associated with partaking in the activities mentioned on this Site or in James Cant Fitness Pty Ltd programs. If you choose to participate in these risks, you do so of your own free will, and knowingly and voluntarily assuming all such risks.
These risks exist for those in good health, and those with pre-existing physical, mental or other health related injuries. Again, a medical professional or health care provider should be consulted prior to any exercise performed, or diet undertaken from this Site or a James Cant Fitness Pty program.
Any form of exercise program can cause injuries, particularly if they are done with poor form. If you choose to follow an exercise program from this Site or a James Cant Fitness program, you do so of your own free will, and knowingly and voluntarily assume all such risks. James Cant Fitness Pty Ltd is not responsible for any injuries or health problems which you may experience.
James Cant is not a medical doctor or nutritionist, and any information contained on this Site, in emails, or programs, is not meant as a substitute for medical advice. You must consult with a doctor before beginning any meal plan or exercise program, no exceptions. Any programs purchased from James Cant Fitness Pty Ltd, or information followed on this Site, is at your own risk and James Cant Fitness Pty Ltd is not responsible for any injuries or health problems, including death, which you may experience.
5. Promotions and competitions
If you provide testimonial information or photograph/s to James Cant Fitness Pty Ltd, you consent to its use in promotional or marketing materials, on this website, and/or on social media platforms including (but not limited to) Instagram, Facebook and Youtube. This does not include photographs that are otherwise provided to James Cant Fitness Pty Ltd as part of its services.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
A product or service may be purchased through the website, or in contacting James Cant Fitness Pty Ltd directly.
All prices are in AUD. The equivalent prices of other currencies are based on the foreign exchange stock market at any given time.
Prices are subject to change without notice from time to time. You should check the price of any service or product on the website before purchasing. The price applicable is that set at the date on which you place your order.
Please note that local charges (e.g. goods and sales tax, exchange fees) may occur based on your region and local customs duties. These charges are at the customer’s own expense.
6.2 Payment Methods
Payment can be made by credit card, direct deposit or through PayPal.
Where a person opts to pay by regular direct debits, that direct debit will be in force until it is cancelled. It is the account holder’s responsibility to ensure there is sufficient clear funds available in the account on the requested or due date to permit the payment of debit items.
James Cant Fitness Pty Ltd will charge a $4.00 fee each time a payment cannot be processed.
Once a product or service is purchased, it can only be cancelled if (1) it is a program that has not yet been written and (2) notice is given in writing within one hour of purchase. James Cant Fitness Pty Ltd works quickly and efficiently to provide products and services as quickly as possible.
Where a plan is paid in instalments, that plan must be paid in full and cannot be cancelled. Where there is a minimum period required for payment, you cannot cancel until that minimum period has been satisfied
In certain circumstances, James Cant Fitness Pty Ltd will permit early cancellation of services with only twenty five percent of the program falling due and payable. These circumstances include reasons out of your control that affect your ability to complete the program such as a medical condition or injury. If you wish to cancel early under this provision, you must notify James Cant Fitness Pty Ltd in writing with a medical certificate or other appropriate documentation as soon as the circumstance arises. This is not the default cancellation policy and consent by James Cant Fitness Pty Ltd must be given in writing to enable early cancellation.
At least three business days notice must be given that the account holder wishes to cancel a direct debit request or stop any individual debit item. This must be given in writing.
If a product or service is unpaid, James Cant Fitness Pty Ltd will issue a reminder via the contact details you have provided (or contacted him with). If payment is not made within 5 days of that reminder, or your contact details are no longer active or valid, you will be liable for the cost of any enforcement measures taken against you. This includes, but is not limited to:
- the engagement of a debt collector or legal services provider (such as a solicitor); and/or
- a court ordered garnishee order requiring your employer to withhold part of your wages to pay the amount due.
If you are experiencing hardship or other extreme circumstances, please contact James Cant Fitness Pty Ltd before your payment is due. Where possible, an alternate payment plan or option may be available.
We do not offer any returns, right of refusal to payment or refunds for change of mind. Once a purchase is made, you commit to full payment of that product or service.
All purchases made on James Cant Fitness Pty Ltd are generally non-refundable. A refund will only be issued if evidence is provided that the customer has followed the program exactly as it is written, and the customer has not seen any results.
A refund will not be permissible where a customer has deviated from the program, including but not limited to:
- eating a meal that is not contained within the program; or
- not performing all cardiovascular and weight training sessions; or
- not sleeping the requisite number of hours; and
- not taking the recommended supplements.
A refund will not be permissible where a customer has experienced results from a program. Results from a program include but are not limited to;
- Body fat; or
- Measurements of body fat in body parts; or
- Increase in muscle; or
- Weight; and
- Improvement in blood triclycerides, fasting insulin, fasting glucose, cholesterol values, hormone levels.
In order to be eligible for a refund, all customers must have undertaken a blood chemistry assessment by a health care professional.
All of James Cant Fitness Pty Ltd programs are digital and they are therefore deemed “used” on receipt of delivery. This means we have a strict no returns policy for dissatisfaction with a program. Nor can programs be exchanged for another item. For information on refunds, please see above.
All digital products, pdf downloads and resource material is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s and/or their associated password to any third party.
By purchasing a James Cant Fitness Pty Ltd program, the customer agrees they will not under any circumstance share, distribute, or otherwise give any information, password or program to a third party.
7. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
9. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
10. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
11. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
13. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction New South Wales.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION