Terms and Conditions
Application Form means the document which sets out your personal details, selected My Business Fitness Coaching service, details of the agreed payment method, and client signature.
MBF Client and/or You means the individual named to receive the My Business Fitness service.
MBF Facebook Group means the closed facebook group for subscribers to My Business Fitness Services
MBF Website means the website www.mybusinessfitness.com
MBF Member Website means the parts of the MBF Website to which access is limited to clients of My Business Fitness currently signed up to a My Business Fitness Service
My Business Fitness Service(s) means all products and services provided by My Business Fitness including but not limited to mentoring programs, products, seminars, Online Content, coaching, consulting, marketing services and media containing recorded materials, photography and videography.
Enrolment Package Outline means the document containing the description of the My Business Fitness services and the included components for each type of service
Event means a retreat, seminar, networking event, promotion and other planned session organised or produced by My Business Fitness, whether live or online.
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever;
Material means text, illustrations, photos, audio, video, any combination of these or other material.
Online Content means all content on the MBF Member Website including but not limited to ebooks, tables, educational materials, apps, video webinars, and audio material.
Paid in Full Payment means payment of the entire cost of the My Business Fitness Service at the time of sign up to receive the services.
Participant means any person enrolled in any My Business Fitness Service.
Payment Plan means an instalment arrangement for the payment of the full cost of the Selected My Business Fitness Service in equal monthly instalments, the first payment being due on the Enrolment Date.
Selected My Business Fitness Service means the level of services that you have selected to receive at the time of subscribing, as outlined in the Enrolment Package Outline.
Enrolment and Payment
- My Business Fitness helps business owners select and implement the right online systems and tools to support their business strategies and goals.
- My Business Fitness offers several levels of service at different prices, as set out in the Enrolment Package.
- Payment for the Selected My Business Fitness Service may be made either by a Paid in Full Payment at the time of enrolment, or by way of a monthly payments.
- The pricing for all My Business Fitness Services is outlined in the Enrolment Package Outline and may be updated by My Business Fitness at any time.
- The Paid in Full price for any Selected My Business Fitness Service is lower than the corresponding total price of monthly payments for the same Selected My Business Fitness Service. This difference in pricing acknowledges the lower administration required from a Paid in Full payment.
- If you do not make a Paid in Full Payment prior to the date for final payment outlined in the Enrolment Package Outline, then you will be charged the monthly price for the Selected My Business Fitness Service.
- Services requiring monthly payment subscriptions will be approved subject to you providing us your credit card or debit card details for payments on the date of subscription.
- Where you have selected to pay by monthly payments, the first instalment will be payable at the time of subscription.
30 day refund policy
- If you choose to cancel your enrolment for any reason within 30 days of subscribing to a My Business Fitness Service, then we will refund you the amount paid to us at the time of termination.
- Notice of cancellation within the cooling off period must be given by email to firstname.lastname@example.org with “Cooling Off Cancellation” in the subject line of the email.
- Refunds claimed within the cooling off period will be approved within 7 business days and processed within 10 business days of being approved by My Business Fitness.
Payment for Enrolments – Monthly payments
- Payments are in equal monthly instalments as set out in the Enrolment Package Outline and must be paid each month when they become due.
- If your credit card or debit card details change, you must notify My Business Fitness of your changed credit card or debit card details by sending an email to email@example.com not less than 10 days prior to the next scheduled payment date.
- If a payment under a Monthly payment is declined by your bank or credit card provider, My Business Fitness reserves the right to charge you for any merchant processing fees or penalties incurred by reason of the declined payment.
- If My Business Fitness is unable to recoup payments payable by you under a Payment Plan by reason of cancellation of your credit or debit card, My Business Fitness may suspend or cancel your My Business Fitness Service, including access to software.
- You may terminate a subscription with My Business Fitness at any time by notifying us by email to firstname.lastname@example.org. Once you terminate your subscription, no further payments will be charged to you.
Username (if applicable)
- You will receive a username and Password for use of any Online Content via the email address specified in the Enrolment Form within seven (7) business days of signing the Enrolment Form and payment of the Minimum Deposit.
- You agree to attend the coaching sessions by telephone or online, when they are scheduled. My Business Fitness may not be able to reschedule your session if you give less than 24 hours notice that you need to change the time of your coaching session.
- We respect your confidential and proprietary information, ideas, plans and trade secrets (“Confidential Information”). Accordingly, you agree that you will not infringe the copyright, patent, trademark, trade secret or other intellectual property rights of My Business Fitness.
- To access or use certain parts of the MBF Website, you must subscribe to a My Business Fitness Service.
- You must not register as a member multiple times.
- You must not impersonate or create a membership for any person other than yourself.
- We may at any time request a form of identification to verify your identity.
- You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
- We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the MBF Website, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
- By uploading, transmitting, posting or otherwise making available any Material via the MBF Website or MBF Facebook Group, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
- except where expressly stated otherwise, also grant each user of the Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
- warrant that you have the right to grant the abovementioned licences;
- warrant that the Material does not breach the Conditions; and
- consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
- We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Site simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
- If you think that the MBF Website has been accessed or used by another user in breach of the Conditions, please email us at email@example.com. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
- In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to firstname.lastname@example.org.
Policy on posting in the discussion forums and the MBF Facebook Group
- We want to ensure that the MBF Website is useful, clean, friendly and as easy to use as possible for everyone. Posts that fall outside the rules stated in our Help sections, guidelines on posting, or our Terms may be removed from the site.
- We may issue warnings, limit or terminate service, remove hosted content and take technical and legal steps to keep users off the site, if we think they are creating problems or not acting in accordance with our policies. However, My Business Fitness does not accept any liability for monitoring or for unauthorised or unlawful content on the MBF Website or use of the MBF Website by users.
- As a condition of your use of the MBF Website or the MBF Facebook Group you agree that you will not:
- violate the rules or guidelines on posting;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to the MBF Website.
- use the MBF Website in breach of any applicable laws or regulations;
- use the MBF Website, the MBF Facebook Group (or Material obtained from the MBF Website):
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
- use the MBF Website of the MBF Facebook Group to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- is false or misleading;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical, health, nutritional or other professional advice;
- interfere with, disrupt, or create an undue burden on the MBF Website;
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the MBF Website;
- use the MBF Website with the assistance of any automated scripting tool or software;
- frame or mirror any part of the MBF Website without our prior written authorisation;
- use code or other devices containing any reference to the MBF Website to direct other persons to any other web page;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MBF Website or cause any other person to do so; or
- delete any attributions or legal or proprietary notices on the MBF Website.
- You are solely responsible for all information that you submit to the MBF Website and any consequences that may result from your post.
- We reserve the right at our discretion to remove any post that we feel is inappropriate, breaches these Terms, is not relevant, or of value to the MBF Website community, with or without notice to the poster. We also reserve the right at our discretion to restrict usage of the site either temporarily or permanently, or refuse a user registration
- Some general reasons why a post may be deleted include (but are not limited to):
- The post breaches our Terms or guidelines on posting;
- The post breaches Australian law. Before posting on the MBF Website it is the responsibility of the user to ensure that content adheres to the MBF Website posting policies as well as applicable Australian laws. As a condition specified under these Terms, you agree that you will not violate any laws;
- Posts in a language other than English. It is acceptable to include a translation of your post in another language in addition to English;
- Inappropriate language;
- Inappropriate photo / image; or
- Selling or offering services for dietary supplements, medicine, pharmaceutical products or any other services or products.
- There are several ways that your post may be found to be in breach of policy and removed from the MBF Website including:
- your post has been reported to us. When this happens your post may be temporarily suspended until it is reviewed. We check reported posts as fast as we can. If we conclude that the post has not breached these Terms we will activate the post again as soon as practicable.
- your post has been removed by our moderation tools. Posts that are identified by our automated tools as inappropriate, and found to breach our Terms will be removed from the MBF Website.
- You use the MBF Website at your sole risk.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods:
- You agree not to hold us responsible for things other users post or do.
- As some of the content on the MBF Website and the MBF Facebook Group comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the goods and services on offer. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the MBF Website in any circumstance.
- In no event do we accept any liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
- We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
- Accordingly, to the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of the MBF Website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
- If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total fees you pay to us in the 12 months prior to the action giving rise to liability.
- In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the MBF Website.
- Except where expressly stated otherwise, Material on the MBF Website and MBF Facebook Group is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
- We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the MBF Website or MBF Facebook Group, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
- None of our affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the email or the website, its use, its content or any products or services (including our products or services) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- accessing any sites or servers maintained by other organisations through links on the email or the website. Links are provided for the convenience of users of the email and the website only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by the Publishers and your linking to any such site is at your own risk.
- the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the website.
- defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Access to the MBF Website
- While we use reasonable endeavours to ensure that the MBF Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the MBF Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
- Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the MBF Website at any time.
- Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the MBF Website at any time without providing notice to you.
- We do not warrant that we will continue to make the website available generally or at all and reserve the right at any time to impose or increase fees for future access to any material appearing in the email or on the website. The right is reserved to alter the MBF Website at any time, even if it changes the equipment needed to access or use the email or the MBF Website or any part of it.
- Your success and results depend on many factors, including your own dedication, desire, discipline and motivation.
- The information provided to you by My Business Fitness is for general purposes only and it does not purport to be comprehensive or to render specific financial or legal advice. The information provided should not be regarded as financial or legal advice. You should always seek independent legal and/or financial advice specific to your needs from a qualified practitioner before making business decisions. This disclaimer does not purport to exclude any warranties implied by law which may not be lawfully excluded.
- You acknowledge that there is an inherent risk in any business enterprise or activity and agree that My Business Fitness, its directors, principals, employees and representatives, will not be liable for any Losses that may arise out of any business decision made by you at any time.
- All material relating to My Business Fitness Services is subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their respective owners and may not be recorded, used or reproduced, without the express written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials.
- You agree that damages may be an inadquete remedy to a breach of these Terms and acknowledge that My Business Fitness will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
- You agree to fully indemnify and keep indemnified My Business Fitness in respect of:
- any Losses suffered by any person; or
- any claim made against My Business Fitness, including but not limited to all costs on an indemnity basis;
by reason of your negligence or breach of these terms, or arising out of any circumstance relating to your participation in the Selected My Business Fitness Service.
- The laws of the state of New South Wales govern this agreement.
- Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.
- The failure of My Business Fitness or any third party supplier to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- This agreement may not be varied except with the written approval of Adrian Wright.
- All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to My Business Fitness under this agreement.
If we can be of any assistance to you, our contact details are:-
My Business Fitness
PO Box 21010
World Square NSW 2002
1300 799 886
Enrolment Service Outline
|My Business Fitness Club||
Membership of My Business Fitness Club will keep the business owner informed and educated on what online business systems and tools are available and how to use them. Information is delivered through regular updates and weekly videos. Support is available through the Facebook group community.
|$9 + GST per month
|Business Systems Starter Package||
Ideal for a business that wants to get the basics of online business systems and tools in place, or an established business that needs its online systems and tools reviewed and updated.
Basics of the following are covered in a 12 week period:
Price includes a 1 hour consultation session each week.
|$1,990 + GST|
3 x hours of hands-on, practical advice and assistance implementing the right online systems and tools for your business.
|$450 + GST|