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Terms & Conditions

Terms & Conditions

The Aging Project – The Aging Project
Terms of Use: Updated 19th January 2023 (“Effective Date”)

Welcome! Please read the below Terms and Conditions before signing up for The Aging Project- The Aging Project Platform.

The Aging Project – The Aging Project Platforms

Terms and Conditions (“Terms”) apply to all users of the fitness, exercise, nutritional, health, wellness and personal development programs and other online content hosted on The Aging Project website (www.theagingproject.com.au and www.theaingproject.com) (collectively the ‘The Aging Project Community Platform’).

The Aging Project is owned and operated by The Aging Project Pty Limited (ACN 75 654 260).

Your use of the Platforms indicates your understanding and acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms.

If you do not accept these Terms and Conditions, please do not use The Aging Project – The Aging Project Platform.

In these Terms, “you” and “your” mean the user of The Aging Project – The Aging Project Platform; “we”, “our” and “us” mean The Aging Project Pty Limited and its related bodies corporate.

Accessing The Aging Project – The Aging Project Platform

To be eligible to access The Aging Project – The Aging Project Platform, you must be over the age of 15 or otherwise have your parent or legal guardian’s permission.

You can access The Aging Project – The Aging Project Platform by going to www.theagingproject.com and www.theagingproject.com.au

You must be using a supported device and its recommended you have a broadband with a minimum speed of 0.8Mbps (however, 3Mbps is recommended).

You must not subscribe to or use The Aging Project – The Aging Project Platform if you are located in the USA or Canada.

Signing up and Subscribing

You must sign up and create an account to use The Aging Project – The Aging Project Platform.
You need an email and password (“Login”) to sign up.
You must provide us with accurate and complete information when you sign up for The Aging Project – The Aging Project Platform.

Your Login must only be used by you personally.

You must keep all your identification and user information required to access The Aging Project – The Aging Project Platform strictly confidential. You should not reveal your password to anyone nor use anyone else’s password.

You are entirely responsible for all activities that occur through your password, and you agree to immediately notify us in the event you become aware of any unauthorized use or breach of
security.

Your use of The Aging Project – The Aging Project Platform

By using The Aging Project – The Aging Project Platform, you warrant that you:

● are in good physical condition and do not have any medical conditions, illnesses, impairments, health problems, injuries, or other physical, medical, or health reasons that prevent you from safely undertaking physical activity and fitness exercises;

● have obtained medical advice and clearance to participate in physical activity, fitness exercises, and our recipe and meal program prior to using The Aging Project – The Aging Project Platform, if you suffer any medical conditions, illnesses, impairments, health problems, injuries, or other physical, medical, or health reasons that may prevent you
from safely undertaking physical activity, fitness exercises, or nutritional programs;

● will not engage in activity with any online content (including but not limited to food preparation or consumption) that may negatively affect your dietary and nutritional requirements; and

● will not undertake any physical activities or fitness exercises at any time while you are suffering from any illness, disease, injury, or other condition.

● We do not warrant, guarantee, or make any representation regarding the accuracy, adequacy, reliability, completeness, or timeliness of the information available on The Aging Project – The Aging Project Platform (“Information)” or that it is suitable for your intended use. The Information provided by us is in good faith and ‘as is,’ and any use by you of The Aging Project – The Aging Project Platform is at your own risk.

● We recommend you seek professional dietary and nutritional advice concerning your dietary and nutritional requirements (including the diagnosis and management of food allergies and/or intolerances) with your use of The Aging Project – The Aging Project Platform, prior to use.

● The Aging Project – The Aging Project Platform is not intended to be and is not a substitute for medical advice. We recommend you consult with a medical practitioner in relation to your health and well-being prior to using The Aging Project – The Aging Project Platform and that you never rely on The Aging Project – The Aging Project Platform for medical advice or treatment.

● Each individual’s health, fitness, and nutritional situation is unique and dependent on a wide variety of factors. While we work hard at ensuring The Aging Project – The Aging Project Platform contains helpful and accurate information, We do not guarantee that using The Aging Project – The Aging Project Platform will meet or satisfy (in the short or the long term) any particular health or fitness objectives, such as weight loss, fitness levels, or nutritional needs.
 
● The Aging Project – The Aging Project Platform relies on the health, fitness nutritional goals, preferences, and/or objectives you select. The health and fitness information and responses you provide in The Aging Project – The Aging Project Platform guide how the in-platform suggestions provided to you are generated. Outcomes of your use of The
Aging Project – The Aging Project Platform may be affected by the accuracy of the information you provide.

Fees and Charges

● Prices quoted on The Aging Project – The Aging Project Platform are inclusive of GST.
 
● You acknowledge that prices may be changed by us from time to time by giving you at least 7 days’ notice in advance. Prices are subject to change; the price of any future memberships or subscription renewal may vary.

● Future memberships or subscriptions maybe charged monthly, quarterly, or annually, in accordance with your selection at the time you subscribe, in advance. Payments commence on the date you become a subscriber and are payable via credit card

● It is your responsibility to notify us if your credit card is canceled or your details change before your next billing date.

● Future memberships or subscriptions are non-transferable.
 
● We offer 24 hour refunds on programs. Otherwise we do not refund.

● Please contact us at hello@theagingproject.com.au or submit a quest via our hello page at https://theagingproject.com/contact/
 
The Aging Project – Availability and Accuracy of the Platform
 
We will provide the Platform to you in accordance with these Terms, within a reasonable time and using due care and skill, and (with respect to some Content) according to your geographic location.

We aim to offer you the best service possible, but sometimes the availability of the Platform may be affected by factors beyond our control. For this reason, we cannot guarantee that:

● The Platform will be available to you at all times.

● The Platform will always be accurate.

● Streaming speeds of the Platform won’t vary from time to time.

● In using the Platform, you acknowledge that your use may not be uninterrupted, timely, secure, or error-free. You also acknowledge that the Platform and the servers providing data, third-party content, and third-party services may not be free of viruses or other harmful components.

● On occasion, technical problems or file sizes may delay or prevent content from being streamed. It may also be necessary for us to interrupt the Platform (or parts of it) occasionally to upgrade or maintain it. Should we need to interrupt the Platform, we will, whenever possible, conduct maintenance or upgrades at times that would minimize
inconvenience to our users and restore the Platform as soon as possible.
 
Subtitles and Commentary

● Subtitles and closed captions are not available on the Platform.

● Your Personal Broadband Usage

● To use the Platform, you need a minimum speed of 0.8Mbps (3Mbps recommended). You are responsible for checking with your internet service provider as to whether your plan is suitable. Additionally:

● You are responsible for paying for your personal broadband, including any data charges.

● The content you stream via the Platform may be metered by your internet service provider, affecting your usage allowance or incurring additional charges.

● Streaming quality varies depending on broadband internet speed. The Platform uses an adaptive bitrate system that automatically adjusts the stream’s quality based on device capability and broadband internet quality to start the streams as quickly as possible and to minimize buffering to the extent possible. However, we are not responsible for buffering that may occur if your broadband plan is not suitable (i.e., does not have the minimum speed of 0.8Mbps, or if buffering occurs for other reasons beyond our reasonable control).

Third-Party Links

From time to time, the Platform may display links to third-party websites. You understand that you may be required to agree to third-party Terms before being provided such access through the Platform, and that you access and use third-party services at your own risk.
 
Advertising

You acknowledge that there may be advertising displayed as part of the Platform, providing you information regarding products and services. This advertising may be in the form of display advertising (banners and billboards), pre-roll advertising (which appears before you start watching Content), mid-roll advertising (which appears during your viewing of the Content), and post-roll advertising (which appears after you have finished watching the Content). You acknowledge that the Platform contains advertising, and that the use of ad-blocking software on your device will not block all advertising served by us or on our behalf.

The Aging Project – Changes

We may vary these Terms or any information contained on The Aging Project Platform at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective. You must accept these changes in order to continue using The Aging Project Platform. You should stop using The Aging Project Platform if you disagree with any changes to
The Aging Project Platform or these Terms.

Risk and Indemnity

You assume all risk of loss, harm, injury, damage, or claim whatsoever to person or property with your use of The Aging Project Platform. We are not responsible for, and you indemnify us against: a) risk of loss, loss, harm, injury, damage, costs, or expenses to person or property by reason of the use or with The Aging Project Platform; b) the actions or omissions of any other party introduced to you through The Aging Project Platform; c) the actions or omissions of other
users of The Aging Project Platform; d) any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or e) any harm, loss, or damage suffered by you or anyone else if The Aging Project Platform is interrupted, suspended, or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism, or power failure).

Liability

We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs, or expenses (whether arising in contract, tort (including negligence), or under any other cause of action) suffered or incurred by any person with the use of The Aging Project Platform or an act or omission of our or any of our suppliers’ services or personnel in helloion with this contract (i) on behalf of and for the benefit of our suppliers; and (ii) for ourselves, to the extent permitted by the Australian Consumer Law. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.

Changes

We may vary these Terms or any information contained on the The Aging Project Platform at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective. You must accept these changes in order to continue using the The Aging Project Platform. You should stop using the The Aging Project Platform if you disagree with any changes to the The Aging Project Platform or these Terms.

Termination

Our agreement with you (as contained in these Terms) commences on the date you first sign up to the The Aging Project Platform, and ends once terminated in accordance with these Terms.

We retain the absolute right to immediately suspend or terminate your use of the The Aging Project Platform and/ or subscription, disable you sign in, remove any content posted by you and terminate this agreement with you (as contained in these Terms), if:

● you breach these Terms in a material way;

● you communicate content we determine, at our sole discretion, is objectionable, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images, footage or language;

● you misuse (or we can establish you have attempted to misuse) the The Aging Project Platform or your use of the Platform is reasonably considered by us to be fraudulent or to adversely affect the integrity of the Platform or other customers’ use of or access to the Platform;

● you use the Platform in such a manner, other than as permitted under these Terms, as to infringe upon our intellectual property rights or those of our suppliers or any third party;

● we cease to provide the Platform, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or

● we have reasonable grounds to believe that a threat or risk of security, injury or damage exists.

● We may monitor your use of the The Aging Project Platform to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do.

● We may investigate any alleged misuse of the The Aging Project Platform and may involve or assist police or other law enforcement agencies in doing so without notice to you.

Intellectual Property

You acknowledge that the The Aging Project Platform, the content provided on the The Aging Project Platform and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our suppliers. You are not granted intellectual property rights in or to the The Aging Project Platform or the content on the The Aging Project Platform except as expressly set out in these Terms. You are not authorised to use our logos or trademarks or trade names (whether registered or unregistered) in any manner.

We grant you a non-transferable, non-exclusive, revocable license to use the The Aging Project Platform on your device(s) and to view the content contained on the The Aging Project Platform for your personal, non-commercial use, subject to and in accordance with these Terms and our Privacy Policy.

Privacy

We will collect your personal information and other data for the purpose of establishing and administering your access to the The Aging Project Platform (along with any future service we provide and which requires signing in) (where applicable), processing any request you make when you contact us via the The Aging Project Platform, and for the purpose of understanding our users.

We will handle your personal information and other data in accordance with our Privacy Policy that contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information.

Our Privacy Policy also contains information regarding cookies and other technologies we use in order to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests.

Where you use our products and services, you agree to the terms of the Privacy Policy. Without limiting the foregoing:

● you consent to use disclosing your personal information and other data to our business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with us;

● you consent to us using your personal information for the purpose of us and sending you information regarding programs, products and services available through us and/ or our business partners. We will always provide you with the ability to opt out of those communications;

● And, if you opt-in, you agree to we also sharing your personal information with our business partners for the purpose of them directly sending you information about their products and services;

● you consent to our use of cookies and other technologies to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests;

● you consent to our use of proprietary measurement software in the The Aging Project Platform which will allow users to contribute to market research; and

● you consent to us sharing your personal information with your use of the The Aging Project Platform with our suppliers’ with the enforcement of their intellectual property
rights.
 
Assignment

We may transfer all or part of our rights and obligations under these Terms, however, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

General

In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of these Terms will prevail to the extent of that inconsistency.

These Terms are governed by the laws in force in Queensland, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, and any courts which may hear appeals form those courts.

Customer support

If you need to contact us, please email us at hello@theagingproject.com.au or write to us at Shop 4,19 Labtrobe Terrace, Paddington, QLD, 4000