Terms & Conditions

This website is operated by Tricmitchell Pty Ltd ACN 618 159 630 trading as 36ZERO (“36ZERO” Throughout this website, the terms “me”, “I”, “we”, “us”, “our” refer to 36ZERO. 36ZERO offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms stated herein.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

Part 1 - DEFINITIONS

1.1 Unless the subject matter or context requires otherwise, in these terms and conditions, including the schedule, the following words and expressions, whether commencing with capital letters or not, have the meanings respectively assigned to them below:

“Age of majority” means 18 years old.

“Order” means your purchase of or intention to purchase products on this website.

“Product(s)” means the single purchase workout programs and monthly subscriptions advertised on this Website by 36ZERO.

“36ZERO” means Tricmitchell Pty Ltd ACN 618 159 630 trading as 36ZERO.

“Tax” means goods and services tax, value added tax and other taxes levied on the supply of goods or services.

“Terms” means this terms and conditions.

“This website” means www. 36ZERO.com.au

Part 2 - PREAMBLE

2.1 – These terms govern the supply by us of any product provided by 36ZERO and purchased by you on this website. By agreeing to order products, you agree to be legally bound by these terms. These terms apply to all users of this website, including without limitation users who are browsing, vendors, customers, merchants, and contributors of content.

2.2 – Please read these terms carefully before using this website. By accessing or using any part of this website, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access this website or use any services provided therein. If these terms are considered an offer, acceptance is expressly limited to these terms.

2.3 – Any new features or tools which are added to this website shall also be subject to these terms. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms. It is your responsibility to check the terms periodically for any changes to them. Your continued use of, or access to, this website following any changes to these terms constitutes acceptance of those changes.

Part 3 - CAPACITY

3.1 – Use of the site is limited to individuals 18 years of age or older. Your use of this website affirms that you are at least 18 years of age.

3.2 – By agreeing to these terms, you represent that you are at least the age of 18 years, or that you are the age of majority in your place of residence. By agreeing to these terms, you
represent that you have the capacity to enter into these terms.

Part 4 - THIS WEBSITE

4.1 – You may not use our products for any illegal or unauthorised purpose nor may you and you must not violate any laws in Australia or your jurisdiction (including intellectual
property laws).

4.2 – You must not transmit any viruses or any code of a destructive nature.

4.3 – A breach or violation of any of these terms will result in an immediate termination of access to the products.

4.4 – You must not share log in details, passwords and user details for products on this website.

Part 5 - GENERAL CONDITIONS

5.1 – We reserve the right to refuse offering, or providing, our products to anyone for any reason at any time.

5.2 – You acknowledge that your personal information (not including credit card information), may be transferred unencrypted and involve:

(1) transmissions over various networks; and
(2) changes to conform and adapt to technical requirements of connecting networks or
devices.

5.3 – Credit card information is always encrypted during transfer over networks.

5.4 – You must not copy, reproduce, sell or exploit any portion of the Product or any information on this website, without express written permission by us.

Part 6 - SPECIFIC WARNINGS

6.1 – You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

6.2 – You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked (third-party) website.

6.3 – Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such
information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on this website.

Part 7 - MODIFICATIONS TO PRODUCT AND PRICES

7.1 – We may from time to time vary or make additions and amendments to any information on this website, including but not limited to prices, technical specifications, terms of purchase and product offerings and these terms. Amendments will be effective immediately upon them being made and appearing on this website. We reserve the right
to amend any information on this website at any time without prior notice.

7.2 – We reserve the right at any time to modify or discontinue access to our Products and this website without notice at any time.

7.3 – We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of access to the products.

7.4 – Your continued use of this website following such notification will represent an agreement by you to be bound by the terms as amended.

Part 8 - PRODUCTS

8.1 – We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of our Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any product or service made on this website is void where prohibited by law.

8.2 – We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products will be corrected.

Part 9 - ORDERING PROCEDURE

9.1 – You may offer to purchase Products described on this website for the price specified on this website.

9.2 – Your order must contain your name, email address, credit card details and any other required information specified on this website.

9.3 – If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

9.4 – We give no undertaking as to the availability of products advertised on this website.

9.5 – Delivery of the product to you will be effected in the manner described on this website.

9.6 – Payment must be effected in the manner described on the website which is facilitated by Stripe. Prices are inclusive of tax.

Part 10 - CANCELLATION DUE TO ERROR

10.1 – You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or other mistake. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of products to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a refund to your credit card account for the amount in question.

Part 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

11.1 – We reserve the right to refuse any order you place with us. If we make a change to, or
cancel, a product, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number you provided at the time the order of the product was made.

11.2 – You agree to provide complete and accurate purchase and account information for all
orders you make on this website. You agree to promptly update your account details and personal information, including your email address and credit card numbers and their expiration dates, so that we can complete your order(s) and contact you as needed.

Part 12 - THIRD-PARTY LINKS

12.1 – Certain content, products and services available on our website may include materials from third-parties.

12.2 – Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We do not warrant that the links and content thereto is safe. We are not responsible for the content or privacy practices associated with linked websites. We will not be held liable for links to, and any, third-party materials or websites, or for any other materials, products, or services of third-parties.

12.3 – We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions you make in connection with any third-party websites. Please review the third-party’s terms carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.

12.4 – Our linked (third-party) websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Part 13 - CLIENT COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

13.1 – If at our request you send certain specific submissions (for example contest entries), or if
without a request from us you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may at any time without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We are under no obligation:
(1) to obtain a copyright licence from you to reproduce or broadcast comments;
(2) to pay you compensation for any comments; or
(3) to respond to any comments.

13.2 – We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening defamatory obscene or otherwise objectionable, or which are no longer relevant or violate any party’s intellectual property or these terms.

13.3 -You agree that your comments will not violate any right of any third-party, including but not limited to copyright and trade mark and privacy rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the products or this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or related third-parties as to
the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13.4 – If you are not satisfied with our products, please contact us at support@36zero.com with the details explaining your concerns. We will review
your concerns and investigate if the right procedures have been followed and respond to you in the manner which we determine appropriate, in our absolute discretion. We aim to complete this investigation within 15 working days of receiving notification, however, in some cases it may take longer. If you are still unsatisfied with the response, you may
contact us.

Part 14 - PERSONAL INFORMATION

14.1 – We will not be responsible for the privacy of data collected by websites not owned or managed by us, including those third-party websites linked through our website.

14.2 – Your submission of personal information through this website is governed by our Privacy Policy.

Part 15 - PROHIBITED USES

15.1 – All information, including and not limited to our programs and recommended nutrition plans, purchased from us are prohibited from being communicated or sold to, or discussed with, any person or business including but not limited to release via any social media platforms.

15.2 – You are prohibited from sharing log in details and passwords relating to the use of our products and this website.

15.3 – In addition to other prohibitions as set forth in these terms, you are prohibited from using the site or its content:

(1) for any unlawful purpose;

(2) to solicit others to perform or participate in any unlawful acts;

(3) to violate any international, federal or state regulations, rules, laws, or local ordinances;

(4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(6) to submit false or misleading information;

(7) to collect or track the personal information of others;

(8) to spam, phish, pharm, pretext, spider, crawl, or scrape; or

(9) for any obscene or immoral purpose.

15.4 – We reserve the right to terminate your access of the Product or any related website for violating any of the prohibited uses.

Part 16 - WAIVERS AND RELEASES

16.1 – Physical exercise and general training can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in the exercise or activities, and you do so entirely at your own risk.

16.2 – You agree that you are voluntarily participating in these activities and use of these online Product and you assume all risks of injury, illness, or death.

16.3 – You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge 36Zero from any and all claims and causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against 36Zero and its employees for personal injury or property damage.

16.4 – To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.

16.5 – If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

Part 17 - LIMITATION OF WARRANTIES AND LIABILITY

17.1 While we fully believe exercise, specifically exercises personalised to you, is beneficial to health and wellness, we cannot guarantee the results of the Product provided. We make no representations and/or warranties that you will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity, or that you will attain any other particular and/or specific results. We strongly encourage you to follow a healthy diet in conjunction with personal training and continued exercise.

17.2 Nothing in these terms and conditions excludes, restricts or modifies, warranty, right or liability implied in these terms or protected by law to the extent that such exclusion, restriction or modification would render these terms or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:

(1) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked web site, nor do we accept any

responsibility for any such loss arising out of your use of or reliance upon

information contained on or accessed through this website;

(2) any condition, warranty, right or liability which would otherwise be implied in these terms or protected by law is excluded; and

(3) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of products supplied pursuant to, or in any way connected with, this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms.

17.3 You acknowledge that:

(1) prior to entering into these terms you have been given a reasonable opportunity to examine, and satisfy yourself regarding, all products which are the subject of these terms, and that prior to entering into these terms you have availed yourself of that opportunity; and

(2) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and it would be unreasonable for you to do so.

17.4 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

17.5 Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):

(1) this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for

personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;

(2) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010other than those conferred by ss 51–53 of that Law, is limited:

(3) in the case of goods, to any one of the following as determined by us:

(a) the replacement of the goods or the supply of equivalent goods; or

(b) the repair of the goods; or

(d) the payment of the cost of having the goods repaired;

Part 18 - INDEMNIFICATION

18.1 – You agree to indemnify, defend and hold harmless 36ZERO and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made for any injuries, illnesses, and the like experienced as a result of the Product provided, to the extent permitted by law.

Part 19 - TERMINATION

19.1 – If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products.

19.2 – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Part 20 - INTELLECTUAL PROPERTY

20.1 – The intellectual property rights in all content made available to you on or through this website remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use.

20.2 – Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of this website;

without our written permission.

Part 21 - ENTIRE AGREEMENT

21.1 – These terms and any policies or operating rules presented by us on this website or in respect to our products constitutes the entire agreement and understanding between you and us and governs your access to our Products.

21.2 – The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

21.3 – Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Part 22 - INTERPRETATION

22.1 – The singular includes the plural and the plural includes the singular.

22.2 – A reference to a gender includes a reference to each other gender.

22.3 – A reference to a person includes a reference to a firm, corporation or other corporate body.

22.4 – A reference to a statute, regulation or provision of a statute or regulation includes a reference to that statute, regulation or provision as amended or re-enacted from time to time.

22.5 – A reference to writing includes a reference to printing, typing and other methods of reproducing words in a visible form.

22.6 – Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have corresponding meanings.

22.7 – Headings have been inserted for ease of reference and do not affect the construction of this agreement.

22.8 This agreement binds the parties’ respective successors and permitted assigns.

22.9 – Ejusdem Generis rule not to apply: Where particular words are followed by general words, the general words are not limited to the same kind as the particular words; and “including” must not be interpreted as a word of limitation.

22.10 – The contra preferentum doctrine of construction shall not be applied to the construction of this Contract.

Part 23 - GOVERNING LAW

23.1 -The law of this agreement is the law of Queensland and the Commonwealth of Australia.

23.2 – The parties submit themselves to the jurisdiction of the courts of Queensland and the Commonwealth of Australia for all proceedings arising from this agreement.

Part 24 - ASSIGNMENT

24.1 – These terms are personal to you, which means that you may not assign your rights or obligations under this agreement to anyone.

Part 25 - CONTACT INFORMATION

25.1 – Questions about the Terms and Conditions should be sent to us at support@36zero.com.