First42K^® Terms and Conditions

Please read these Terms and Conditions carefully. As part of signing up to First42K^®, you will be asked to confirm that you have read, understood and will be bound by these Terms and Conditions. They cover important information and represent the entire legal agreement between us and you in relation to your Subscription and your use of the Website.

If you have any questions about these Terms and Conditions or our services to you, please do not hesitate to contact us or if appropriate, to seek independent advice. You can contact the team at First42K^® by email – hello@first42k.com.au.

Defined Terms

For the purposes of these Terms and Conditions the following definitions apply:

Licence means the licence granted by us to you that governs your use of the Website and the Services in accordance with these Terms and Conditions;

Online Community means the online community where registered First42K^® members are able to communicate together be it on the Website or other platforms provided by third parties or First42K^®, including but not limited to Facebook, Skype and Zoom;

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 person, then these terms and conditions bind them jointly and each of them severally;

Program means the First42K^® program offered to you via the Website;
Subscription means the subscription with First42K^® entitling you to use of the Website, the Program and/or the Online Community;
Terms and Conditions means these terms and conditions as amended from time to time;

Us, we, our (and similar phrases), means First 42K Pty Ltd ACN 645 731 326 (First42K^®) and affiliates who for the purposes of 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 us

Website means collectively the website http://first42K.com.au, Online Community, Program, products and/or services offered or provided by First42K^®;

You, yours (and similar phrases) refers to you, the person accessing the Website and agreeing to the terms and conditions of your use of the Website and its contents.

Licence

1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website.
2. This Licence shall continue until terminated in accordance with these Terms and Conditions.

The Website

3. In accessing, registering or using the Website including any and all webpages, the Program, the Online Community and/or the products, services, information, third party links, text and images offered or provided on the Website, you are deemed to have read and personally agreed to these Terms and Conditions which govern your use.
4. In accessing or downloading any content from the Website, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose. You agree that your use of the Website 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 Website, the Program and/or the Online Community.
5. You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Online Community, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
6. You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.
7. You agree that your use of the Website will not violate any laws without limitation, including those 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 Victoria, Australia.
8. You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech, or facilitate others to commit such acts in whatever format.
9. The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, and videos, together with the trademarks and logos contained or associated with that content, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

Medical Disclaimer

10. Running, high-intensity exercise and both strength and flexibility training are all high-risk activities that carry with them a risk of injury, including serious injury.
11. 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 Website 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.
12. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We strongly encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
13. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website, the Program or its products and services, is at your sole risk.
14. Any person with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs. On the day you sign up to First42K^®, you promise us that you:
    • are in good physical condition;
    • have answered the initial questions asked in the registration process for First42K^®, including in relation to your running experience, fully and truthfully; and
    • know of no medical or other reason why you cannot or should not do active or passive exercise.
15. The information on the Website may not be suitable to your particular circumstances and you are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website.
16. Without limiting the above, you agree that before following any exercise programs or using any of the information on the Website, you must first consult an appropriately qualified healthcare professional if:
    • you (or your family) have a history of high blood pressure or heart disease;
    • you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity;
    • you are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long-term illness, are living with liver disease, kidney disease, or renal failure;
    • you have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity; or
    • you are recovering from or recently recovered from illness, injury and/or any medical procedure.
17. First42K^® will not be held responsible for:
    • any injury or illness you suffer as a result of an on-going medical condition or a poor standard of health or fitness;
    • any aggravation of pre-existing or previous injuries sustained by you;
    • any medical condition, injury or illness which you sustain during following the First42K^® program.

Age and Eligibility

18. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription.
19. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Website or subscribing for access to the Program or any of the Website services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
20. Without limitation, the Website is available only to individuals who can enter into legally binding contracts under Australian law.
21. We have the right to suspend or terminate your Subscription at any time at our sole discretion, including if we believe that you may or will bring our reputation, the reputation of those individuals who represent us in the marketplace, our other users or the Online Community members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.

Subscriptions and Membership of First42K^®

22. We offer weekly Subscriptions, however from time to time we may elect to offer monthly, annual or other Subscriptions on a one-off or ongoing basis. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
23. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
24. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Online Community and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
25. While you maintain an active Subscription, you will be given access to the [“athletes only”] sections of the Website and the Online Community. We reserve the right, at our sole discretion to terminate or suspend your access to these services when your Subscription is paused, cancelled or terminated, or if you are in breach of these Terms and Conditions.
26. Access to the information provided through your First42K^® Subscription and the Online Community is for your sole use only. Any password or right given to you to obtain access to the Website and the contents or use of any associated email subscription, the Program or Online Community, is not transferable to any third party.

Privacy Policy

27. When you register with First42K^®, we will have access to personal information about you, including your health and financial situation.
28. We will only use, disclose or deal with your information in line with our privacy policy, available for review here. Capitalised terms used in the privacy policy have the same meaning as in these Terms and Conditions.

First42K^® Online Community

29. You acknowledge that Online Community provides for public communications.
30. To become a First42K^® Online Community member you agree to provide truthful, accurate personal details about yourself as required on the sign-up page for First42K^® (and where applicable, on any separate sign-up page for Facebook, Skype, Zoom or equivalent online platforms).
31. You will use the First42K^® Online Community 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 First42K^® Online Community. This applies to posts within the First42K^® Online Community or otherwise, or in respect of the Website, the Program and/or the individuals representing the Website, First42K^® and/or their employees.
32. You will not use the First42K^® Online Community:
    • for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose, or to incite others to conduct such activities;
    • to interfere with the lawful and reasonable use of the First42K^® Online Community by others; or
    • to attempt to directly or indirectly, allow or facilitate a third party to enter the First42K^® Online Community through your Subscription.
33. You are liable for all content posted by you in the Online Community. 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 in the Online Community or in relation to the Website or through your actions or conduct.
34. You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us to the extent that you may cause, or contribute to such losses through your conduct in breach of these Terms and Conditions.
35. You acknowledge that the moderators of the First42K^® Online Community reserve the right to remove any messages in the First42K^®Online Community that are inappropriate or that they reasonably believe may have a negative impact on the Program and/or its reputation.

Photographs, Media and Likeness

36. You agree and confirm that First42K^® may use any images, video or likenesses of you that you supply to us or to the Online Community, for promotional or marketing use of First42K^® programs, including on social media, printed materials and video advertising or any other form of media.
37. If you have any personal, religious or other objections to that use, please advise us of those objections in writing at the time of registering with us.

Billing Terms, cancellation and refund policy

38. In purchasing any product or service from the Website, you agree to:
    • pay using a valid credit card (or other form of payment as we may allow);
    • provide us with current and complete information as detailed in the registration form including full legal name, email address, credit card details and billing information as required. 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 Website 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 in those circumstances; and
    • pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase.
39. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.
40. If you cancel a subscription, your subscription will terminate at the end of your current billing cycle. For example, if you cancel on day 2 of a weekly subscription, your subscription will terminate after day 7. Please look out for an email confirming your subscription has been cancelled. If you do not receive this, please contact us to check you have cancelled correctly.
41. 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 Website, 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 Website, 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 Website.
42. We do not offer refunds or credits for cancelled subscriptions, unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
43. First42K^® does not store your credit card details, not even in an encrypted format.
44. Our payment gateway Stripe stores credit card details. This means that First42K^® cannot retrieve your card number but can charge your nominated card on file.

Information provided on, and changes to, the Website

45. 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.
46. 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 (unless expressly stated) 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.
47. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit. The most up-to-date Terms and Conditions always apply.
48. We will give you notice of any changes, for example by publishing them on our Website or in the Online Community, or by writing to the physical or email address you last gave us.
49. You agree that we may transfer, assign, license or deal with our interest in the Website, Online Community, 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 condition 43 of these Terms and Conditions.

Indemnity

50. You agree to indemnify and hold harmless First42K^® and all of its employees, licensees and agents from any and all direct or indirect losses for which First42K^® or its employees, licensees or agents may become incur, suffer of become liable as a result of:
    • any claims or actions which you make or which are made on your behalf due to any direct or indirect losses that you may suffer as a result of following the Program or use of the Website; or
    • your improper or illegal use of the Website 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.

Limitation of Liability

1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no circumstance will we be liable to you for any injury, incidental loss or damage of any nature 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.
2. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for:
   • • death;
     • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
     • the contraction, aggravation or acceleration of a disease; or
     • 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:
       • 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,

   resulting from the supply of recreational services or recreational activities through Website or otherwise.

General

53. These Terms and Conditions form the entire agreement between us and you in relation to the Website and your use of it.
54. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
55. These Terms and Conditions are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.