General website terms and conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern activelybalancedkids.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to activelybalancedkids.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

These Terms set out the duties, rights, roles, and responsibilities of you and Actively Balanced Kids.

These Terms form a binding contractual agreement between you and Actively Balanced Kids

By accessing our products and services, or both, you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms, and you agree to comply with and be bound by them. If you do not agree to the Terms, please do not use our products and services.

To the fullest extent permitted by law, activelybalancedkids.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. activelybalancedkids.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of activelybalancedkids.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

The information contained in this website is for general information purposes only and is provided by activelybalancedkids.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, activelybalancedkids.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and activelybalancedkids.com.au’s rights and obligations to each other.

It is an essential pre-condition to you using our website that you agree and accept that activelybalancedkids.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your privacy

At activelybalancedkids.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. activelybalancedkids.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

activelybalancedkids.com.au may be required, in certain circumstances, to disclose information in good faith and where activelybalancedkids.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Links to other websites and online resources

Through this website you may be able to link to other websites which are not under the control of activelybalancedkids.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

activelybalancedkids.com.au’s website may contain information or advertisements provided by third parties for which activelybalancedkids.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Health and Safety

By registering and booking with Actively Balanced Kids, you acknowledge that Actively Balanced Kids takes no responsibility for personal loss or injury sustained during Actively Balanced Kids sessions.

All children remain the responsibility of parents or guardians during sessions. In so doing, you warrant that the child in your care:

  • will wear appropriate clothing and footwear;
  • will bring and consume water sufficient for rehydration;
  • will not attend if they are unwell. This includes communicable, contagious, or notifiable illnesses;

Actively Balanced Kids reserves the right to exclude a participant for any reason or any time period it deems fit under these terms, including sickness or behaviour considered by Actively Balanced Kids to be illegal, disruptive, unruly, or dangerous.

All instructors are First Aid Qualified, and in the event of a minor injury will apply basic first aid to your child. A first aid kit is always available at Actively Balanced Kids locations and will be used to provide first aid services when required. If you do not wish your child to receive first aid by our instructors you must provide written instruction informing us, and as such must remain onsite at all times.

In the event of an incident occurring during a session (e.g. accident or injury) instructors will follow appropriate first-aid procedures, involve and report to parents as appropriate, and complete an Actively Balanced Kids Incident Report Form after the incident, if of a serious nature.

Copyright notice

This website and its contents are the copyright of Actively Balanced Kids – © 2020. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

activelybalancedkids.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Payment terms, refunds and make-up lessons

Payment terms

(a) activelybalancedkids.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

(b) Subject to point (c), fees are paid per term, and the total fee that is charged is based on the number of weeks set in that term.

(c) If you register after the start of the term, you only pay for the remaining sessions in that term. Full payment for those remaining sessions is due within 7 days of the date of the invoice.

(d) Subject to availability, registration and payment secures your child’s place at each of the sessions at your selected venue, date, and time for that term.

(e) Once you are registered and paid you will automatically secure your place for that term.

(f) If you remain registered for the next term, an invoice will be sent and must be paid in full prior to commencement of sessions at the beginning of each term that you are registered for.

(g) Instructors will not accept payments at sessions.

(h) Payment is due within 7 days of the date of the invoice.

(i) If payment is not received by Actively Balanced Kids within 7 days of the date of the invoice, Actively Balanced Kids reserves the right to exclude the registered participant from sessions until payment is received.

(j) If you wish to cancel your registration, please inform the Actively Balanced Kids directly by email. You can not cancel directly with the instructors.

(k) If you have cancelled your registration and wish to register again at a later date, you may have to complete the registration process again. Please contact Actively Balanced Kids for further information.

(l) If you terminate your registration mid-term, you are not entitled to a refund for any remaining sessions. At the discretion of Actively Balanced Kids a credit or in extenuating circumstance a refund may be offered. A processing fee of $35 will be deducted from your remaining session balance.

(m) All refunds and credits will be processed promptly and refund payment made by the same method that you made payment. All refunds are made at the discretion of activelybalancedkids.com.au.

Make up Lessons

(a) We understand that illness, holidays and other priorities are important to families and Actively Balanced Kids tries to be as flexible as possible to ensure our program can fit into a family’s busy life.

(b) The parent/care giver is responsible for informing Actively Balanced Kids & booking a make-up lesson.

(c) If you do not inform Actively Balanced Kids at least 4 hours before class starting as absent, you will not be able to book a make-up.

(d) You are entitled to two make-up lessons per term.

(e) Make-up lessons must be booked within 30 days of the marked absence. Make-up lessons are booked through the Actively Balanced Kids website and it your responsibility to find a suitable make up time and book in for the make-up lesson.

(f) If a make-up lesson is missed or not book in, this lesson will be forfeited

(g) You can not change the time of a make-up once you have booked it in.

(h) Make-up lessons are non-refundable or transferrable for credit or cash.

(i) Make-up lessons are subject to program availability. We do not guarantee you will be able to book a make-up at a time you desire or that a place will be available.

Photography and Videos Sessions

From time to time Actively Balanced Kids may take photos or videos of sessions to support the ongoing development of delivery of the program. This material may also be used in the marketing and advertising of Actively Balanced Kids.
If you wish for your child not to be photographed, videoed, or their image to be used in marketing, please inform Actively Balanced Kids when registering.

Exclusion of competitors

f you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of activelybalancedkids.com.au. activelybalancedkids.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then activelybalancedkids.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. activelybalancedkids.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Whole agreement

These terms and conditions represent the whole agreement between you and activelybalancedkids.com.au concerning your use and access to activelybalancedkids.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

FITNESS AND EXERCISE

Exercise and health are matters that vary from person to person. You should understand that when you or your child participant in any exercise or exercise program, there is the possibility of physical injury. If you or your child engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself/your child, and agree to release and discharge activelybalancedkids.com.au, all its instructors, commentators and any associated with the activelybalancedkids.com.au website from any and all claims or causes of action, known or unknown.

activelybalancedkids.com.au and its contents are made available without warranties or guarantees of any kind and activelybalancedkids.com.au, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

You should always consult a physician before you or your child start a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.

All information contained on activelybalancedkids.com.au, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and activelybalancedkids.com.au that results in litigation then you must submit to the jurisdiction of the courts of Queensland.