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Terms of Use
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Training Smart Online makes this website ("Our Service") including all information, documents, communications, files, text, graphics, software, and products available through Our Service (collectively, "Material") and all services operated by Training Smart Online and third parties (collective "Services") through Our Service, available for your use subject to the terms of this agreement ("Terms Of Use"). By accessing or using Our Service in any way, including, without limitation, use of any of the Services, downloading of any Material, you agree to and are bound by the Terms of Use. Our Service presents information, news, media and other materials and online services, communications, transmissions and other items, tangible or intangible, which are referred to as "Material". The law applicable to the use of the Material and to disputes arising out of the Material is the state of New South Wales, Australia.

Changes to our Policies

We may change this Agreement at any time and you can read a current copy of this Agreement at any time by selecting the "Terms of Use" link at the bottom of each page. If any change is not acceptable, you must discontinue your use immediately; using Our Service after the date that this Agreement changes means you accept the changes.

Accessing Information on this Site

While we have taken all reasonable care in producing the information contained on this site, we do not promise that it contains all the information you need to meet all of your needs or to answer all your questions. The views expressed in articles on Our Service are not necessarily those of Training Smart Online and Training Smart Online makes no claim to their accuracy. We strongly recommend that you contact the Training Smart Online staff before acting upon the Material supplied by Our Service. The free Material supplied by Our Service is for informational purposes only. Each client should assess, either personally or with the assistance of a licensed physical trainer or coach whether the recommendations or advice offered by this material on Our Service is appropriate to their situation. Training Smart Online recommends a customized program that is tailored to the individual requirements of each client. Training Smart Online is not advertising nor representing that Training Smart Online holds all of the authorisations and permissions necessary to provide triathlon, health, nutrition, fitness and/or physical training advice in all jurisdictions in which the Material may be received.

Using Information on this Site

You may access and download the Material on this site only as authorised and required to view the Material on your web browser for your individual use, keeping all copyright and other notices of Material. You may not republish, distribute or take any other action on or with the Material, which is not explicitly permitted by this agreement or a Training Smart Online representative.

Responsibility

While we have taken all reasonable care in producing the information contained on this site, we do not promise that it contains all the information you need meet all your needs or to answer all your questions. Neither Training Smart Online nor any of its officers, agents or employees warrants or makes any representation as to the reliability, completeness or accuracy of the information, nor does Training Smart Online accept any responsibility arising in any way for errors in, damage or omissions from the information. Training Smart Online reserves the right to change any aspect of our site without prior notice. You may not, nor may you allow others to, directly or indirectly:
a. attempt to or actually disrupt, impair or interfere with, alter or modify Our Service or any Material; or
b. collect or attempt to collect any information of others, including passwords, account or other information

Links

Material may contain links to other sites. Training Smart Online does not necessarily sponsor, endorse, or approve any material on such sites or the operations of such sites. We are not responsible for the contents of any linked page or any other page not under our control. We provide external links only as a convenience.

Liability

Subject to any applicable law to the contrary which cannot be excluded, you agree to indemnify and keep indemnified Training Smart Online and all of its officers, employees, agents, related parties and associates against losses or damages incurred by you in relation to your reliance on our Material. If you are dissatisfied with the Material or Our Service or with these Terms of Use, your sole and exclusive remedy is to stop using the Material and Our Service.
Under no circumstance will Training Smart Online be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Material. We are not and will not be a party to any transaction between you and any third party, whether or not that third party's material is linked from our service.
You assume all risks associated with using the programs prescribed by Training Smart Online, including, but not limited to: personal injury, illness, or death. You shall not hold Training Smart Online liable for any loss or risk, personal or otherwise, which I incur, directly or indirectly, in connection with the use of this web site.
You are responsible for maintaining the confidentiality of your account number, name, and/or password (collectively "Account Details") with Training Smart Online , if applicable. You are responsible for all damages resulting from all uses of your Account Details, whether actually or expressly authorised by you, unless access to your Account Details was obtained through no fault or negligence of your own.

Copyright and Trade Marks

All trade names, trademarks, service marks and other product and service names and logos on Our Service or in the Material are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws.
The Third Parties retain all rights and remedies available to them under the Copyright Act 1968. You must not use any of the Material provided by Our Service or any Third Parties for the purpose of replication, distribution or resale other than as permitted under this Agreement.
Training Smart Online grants you permission to do the following with Material, unless otherwise indicated:
a. store a reproduction of Material on your local computer for the sole purpose of viewing; or
b. print hard copies of Material for informational, non-commercial use;
c. reproduce complete Material with this copyright notice evident in its entirety in each copy made and distributed

The copyright owner reserves all other rights.
By using our site, you grant Training Smart Online permission to use your personal information in accordance with our ‘privacy policy’.

Consumer Rights and Refund Policy

Training Smart Online is bound by and operates under the guidance of the Commonwealth Trade Practices Act 1974. If any condition or warranty is implied into this agreement under this act or any equivalent State or Territory legislation and cannot be excluded, and Training Smart Online is able to limit your remedy for a breach of such a condition or warranty, then the liability of Training Smart Online for breach of the condition or warranty is limited to one or more of the following at Training Smart Online's option: 

  1. 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 the cost of having the goods repaired; 
  2. In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again

Subject to Training Smart Online's obligations under the implied conditions and warranties referred to in clause 8, the maximum aggregate liability of Training Smart Online for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to AU$100. In calculating Training Smart Online's aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Training Smart Online for a breach of the implied conditions and warranties referred to in paragraph (b). 

Please note that Training Smart Online has a ‘No Refund’ policy with training programs purchased, where the program is received within the specified time frame and as described on our site. Customers receiving online coaching (customised training programs) must contact us at least 5 days prior to the end of their current program if they wish to cancel their subscription. If notice is not received within this specified time frame, it will be considered that the customer is continuing the service, and their credit card will be re-charged.

Please contact us to discuss any aspect of this user agreement.

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