Terms and Conditions of fithealthyheal.com.

TERms & Conditions

1.        Introduction and Acceptance of these Terms and Conditions of Use.

1.1       The general Terms of Use and Terms and Conditions (hereafter also referred to as ‘Terms’) detailed below govern the contractual relationship between the ‘user’ (hereafter also referred to as ‘users’ ‘you’ ‘your’ or the ‘customer’) and ‘fithealthyheal.com’ and Bochel Pty Ltd (hereafter also referred to as ‘Fithh’ ‘fithh’ ‘our website’ ‘us’ or ‘We’) belonging to the company Bochel Pty Ltd. Both parties accept these Terms unreservedly.

1.2       These Terms are the only conditions that are applicable and shall govern your use of our website and shall replace all other conditions, except in the case of express, written, prior dispensation.

1.3       You may use Fithh and its ‘exercises, diets/recipes, nutritional information, content/information, applications and services’ (hereafter also referred to as “content’ or ‘programs”) only on the condition that you abide by the following Terms.

1.4       By using our website and content/or purchasing products on our website you signify your agreement to the following Terms.

1.5       The products offered on our website are not intended to diagnose, treat, cure or prevent any disease. You should always ask your doctor before using any products.

1.6       The personal stories shared on our website and results obtained are personal to the users and will not be typical of the results you will have if you follow the advice provided on our website.

1.7       If you do not agree with any of these Terms, please do not access or otherwise use our website.

1.8       You must be 18 years or older to use our website.

1.9       Our website reserves the right to update and revise these Terms from time to time without notice to or acceptance by you. These Terms are important to you and Fithh. They are used to protect your rights as a valued customer and our rights as a business.

1.10     Our website uses cookies; by using our website or agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our privacy policy.

2.        Terms of Use Part 1

We hereby grant you permission to use our website as set forth in these Terms:

 2.1      You may:

(a)        View pages from our website in a web browser.

(b)       Download pages from our website for caching in a web browser.

(c)        Print pages from our website.

(d)       Stream audio and video files from our website; and

Subject to the other provisions of these Terms.

2.2       Your use of our website as permitted is solely for your personal, non-commercial use.

2.3       You will not copy or distribute any part of our website in any medium without our prior written authorisation.

2.4       You will not sell, rent or sub-license material from our website.

2.5       You will not republish material from our website (including republication on another website).

2.6       You will not alter or modify any part of our website content other than as may be reasonably necessary to use our website content for its intended purpose.

2.7       You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

2.8       You are responsible for any activity on our website arising out of any failure to keep your password confidential, and you may be held liable for any losses arising out of such a failure.

2.9       You will otherwise comply with these Terms.

3.        Terms of Use Part 2

3.0       The Fithh website and its content provides users with guidance and information on how to improve their fitness, health and nutrition, but Fithh is not a medical organization, and you should not rely on this guidance and information as a substitute for professional medical advice, diagnosis, or treatment.

3.1       Fithh cannot guarantee that any results in the form of physical or health transformation, weight loss or fitness results or improvements shall arise from using the information or the associated products, whether provided by fithh or third parties associated with Fithh.

3.2       You should consult a physician before beginning a new fitness or nutritional program. Our recommended workout plans, exercises and nutrition information even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional.

3.3       The use of any information or content (exercises, products, diets & nutrition) provided on the fithh website is solely at your own risk.

3.4       Fithh exercises are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of Fithh, you affirm that a physician has specifically approved your use of Fithh content/programs, OR that the following statements are true:

(a)        no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician.

(b)       you have never felt chest pain when engaging in physical activity.

(c)        you have not experienced chest pain when not engaged in physical activity at any time within the past month.

(d)        you have never lost your balance because of dizziness, and you have never lost consciousness.

(e)        you do not have a bone or joint problem that could be made worse by a change in your physical activity;

(f)        your physician is not currently prescribing drugs for your blood pressure or heart condition.

(g)        you do not have a history of high blood pressure, and no one in your immediate family has history of high blood pressure or heart problems.

(h)       you do not have a condition of high cholesterol, diabetes, obesity, or arthritis, and

(i)         you do not know of any other reason you should not exercise.

3.5       If applicable, you further affirm that.

(A) you are not pregnant, breastfeeding or lactating, or

(B) your physician has specifically approved your use of the fithh content/programs.

3.6       You should discontinue exercise in cases where it causes pain or severe discomfort, and you should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the fithh website for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

3.7       You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Fithh website, you acknowledge and agree that your performance of any and all exercises or activities recommended by Fithh is wholly at your own risk.

3.8       Neither Fithh nor any of its employees, trainers or content contributors will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans/programs, nutritional information or exercises.

3.9       While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

3.10     Fithh is not responsible for the accuracy, availability, usefulness and application of any information provided on their website or by third parties or other users of Fithh.

4. Intellectual Property Rights

4.1       The content on our website, except all user Submissions (as defined below), including without limitation, the text, images, illustrations, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, brand names, service marks and logos contained therein (“Marks”), are owned by or licensed to us and our co-contractors or partners, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

4.2       Content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content.

4.3       You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

4.4       You agree not to circumvent, disable or otherwise interfere with security-related features of our website or features that prevent or restrict use or copying of any Content or enforce limitations on use of our website or the Content therein. These Terms apply to all users of our website.

4.5       We cannot under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

5.        Third Party websites

5.1       We are Not Responsible for Linked Websites. We are not responsible for the availability or content of other services that may be linked to or from Our Website.

5.2       Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external website services and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such services. You further acknowledge and agree that we 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 the use of or reliance on any content, goods or services available on or through such linked websites (Third Party Websites).

5.3       Our website may contain links to third-party websites. We assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

5.4       By using our website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each other website that you visit.

6.        Third Party Advertising

We also use third party advertisements on our website to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geo-targeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).

7.        Log Files

As with most other websites, Fithh collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our website (such as Chrome, Microsoft Edge or Firefox etc.), the time you visited our website and which pages you visited throughout our website, and other such information which are not linked to any information that is personally identifiable.

8.        Cookies and Web Beacons

8.1       Our website uses cookies to store information, such as your personal preferences when you visit our site. This could include showing you a popup at least once in your visit, or the ability to login to some of our features, such as videos and forums.

8.2       You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.

8.3       Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.

8.4       Cookies record certain information about your visit to our website. This information enables us to generate statistics based on data from your visits and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

8.5       DoubleClick DART cookies
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (interest-based targeting). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses non-personally identifiable information. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting https://support.google.com/

9.         Limited warranties

9.1       We do not warrant or represent:

(a)  the completeness or accuracy of the information published on our website.

(b)  that the material on our website is up to date, or

(c)  that our website or any content on our website will remain available.

9.2     We reserve the right to discontinue or alter any or all of our website content and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our website content, or if we stop publishing our website.

9.3       To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.

9.4  This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content.

9.5. We make no warranty that:

  • this website or our products or services will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis;
  • the quality of any product or service purchased or obtained by you through this website will meet your expectations.
  • Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice, you should consult an appropriate professional.

9.6. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

12.      Complaint Procedure and Customer service

12.1     If you have any questions, problems, or complaints about any of our content or products please feel free to contact us by email to: info@fithealthyheal.com or by our website contact page and we will do our best to help you.

12.2     PLEASE be aware that we are an information website only and not able to respond to specific health enquiries.

13.      Contacting Us

If you require any more information or have any questions or interest about our website, please feel free to contact us by email at info@fithealthyheal.com or you can contact us by using our website contact form. This website is owned and operated by Bochel Pty Ltd. We are registered in Australia.

14.    Website Disclaimer

fithealthyheal.com website (“Fithh” “fithh” or “our website”)

14.1     The information, products and recommendations provided on our website are intended for your general information and for educational purposes and:

  • are not a substitute for medical advice from a qualified, licensed medical health care professional and are not intended to diagnose, treat, cure, or prevent any disease,
  • If you are pregnant, nursing, taking medication, or have a medical condition or if you are in any way concerned about your health then you should consult your physician before using any products provided on our website.
  • have not been evaluated by the Australian Therapeutic Goods Administration (TGA) or the Food and Drug Administration (FDA) or the equivalent in your country,
  • you should not stop taking medication or disregard medical advice or postpone consultation with your health care professional because of information that you have read on our website,
  • you should always read the label of any supplements, vitamins or natural health products you purchase and use only as directed. 

14.2     The contents of the Fithh Exercise eBooks and the Fithh website are based on research by the author Bob Southwood unless otherwise noted. The publisher and the author present this information for educational purposes only. Bob Southwood is an independent health researcher and the author of Fithh Getting Started Exercises. He has a BSc. in Chemistry and Geology from the University of New South Wales, Sydney Australia and worked for 20 years as a Quality Assurance Chemist for large international Pharmaceutical, Cosmetic and Consumer Product companies.

The information herein is provided with the understanding that the author is not engaged in the practice of medicine other than his many years’ experience in chemistry and health research. The author and the Fithh website cannot offer medical advice of any kind.

The author is not responsible for errors or omissions on the Fithh website or in the exercise eBooks. Before you follow any recommendations the author or the Fithh website make about exercise, weight training, nutrition, supplements, vitamins, or lifestyle you should discuss them with your doctor first because exercising and working out involves risks.

Bob Southwood and his associates or our website will not assume any liability, nor be held responsible for any injury, illness, or personal loss due to the utilization of any information contained in our website or Fithh eBooks. Proceed with the suggestions in this eBook at your own risk.

14.3     The contents of our website, including text, graphics, images, video, information obtained from third parties and other material (“content/programs”) are for information purposes only. Fithh makes no representations or warranties about the accuracy or suitability of the content or links provided on our website. Without limitation, this extends to any market research or commentary contained on our website.

14.4     Fithh does not recommend or endorse any specific tests, medical practitioners, products, procedures, opinions, or other information that may be mentioned on our website. Reliance on any content or other information provided by our website or other contributors appearing on our website at the invitation of Fithh or other visitors to our website is solely at the user’s own risk. Any person accessing our website should exercise their own care, skill, and diligence with respect to the use of the content on our website.

14.5     Fithh is not responsible for the condition or content of any third-party websites that have links on our website. Links to third party sites are provided for convenience only and do not imply any endorsement of those sites or products or services provided at those sites.

14.6     The Fithh website is an Australian website operating from and subject to the laws of Australia. It contains products, unlisted therapeutic goods and therapeutic claims which have not been evaluated or endorsed by the Australian Therapeutic Goods Administration or by the US Food and Drug Administration or the equivalent in your country. We are an information website only and are not able to respond to specific health inquiries.

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Australia.

Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website.

If you purchase anything through a link in our emails or website, you should assume that we have an affiliate relationship with the company providing the product or service that you purchase, and that we will be paid in some way. We recommend that you do your own independent research before purchasing anything.

We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Bochel Pty Ltd in relation to your use of this website.

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

These Terms and Conditions shall be governed by the laws of Australia. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Australia. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

This website is owned and operated by Bochel Pty Ltd.

You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: info@fithealthyheal.com
Sydney NSW Australia

You can also download our Terms and Conditions as a PDF.

30.      Fithh Sales Terms and Conditions

Australian Shipping.

All retail orders from Fithh are sent by Australia Post service. Please allow 2 to 10 business days for delivery to cities within Australia Post’s national network.  Deliveries outside of these areas may take longer. Fithh will not be liable or responsible if Australia Post fails to make the quoted delivery timetable. For more information visit www.auspost.com.au.

International Shipping.
For customers outside of Australia, please contact us by email at info@fithealthyheal.com for a quote on shipping your order. We utilise many international couriers and will select which one will best suit your order and country.

Damaged or Lost Orders.
Please contact us by email at info@fithealthyheal.com if your goods have been damaged or have not arrived.

Return Policy.
Fithh does not refund for a ‘change of mind’ purpose, so please choose carefully.

Email: info@fithealthyheal.com

Last Updated: 20th May 2023

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