Terms and Conditions

  1. About Alma Live

    1. Welcome to www.almalive.com (the ‘Website’). Alma Live offers fitness and nutritional services (the ‘Services’), products (the ‘Products’), and memberships (the ‘Membership’):

    2. In the Terms, the use of the words “company”, “we”, “us”, and “our” refers to Alma Live. The words “member”, “user”, “guest”, “customer”, “you”, “your”, refers to individuals or organisations that access the Website.

    3. The Website is operated by Alma Live (ABN 28 948 323 473) (the ‘Company’). Access to and use of the Website, or any of its associated Memberships, Services, or Products, are provided by the Company. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

    4. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Further, we recommend that each time you access the Website, user the Service, and purchase the Products, you read the Terms.

  1. Acceptance of the Terms

    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Company in the user interface.

  1. Eligibility

    1. Our Memberships, Services, and Products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase a Membership, a Service and/or a Product through the Website, you acknowledge that you are over 18 years of age.

    2. You may not register for a Membership, may not use Services, may not order Products, and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with the Company; or

      2. you are a person barred from receiving the Membership, the Services, and/or the Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Membership, the Services, and/or the Products.

  1. Services

    1. Services include

      1. Online Videos (the ‘Videos’) - on fitness and nutrition topics for individuals seeking ideas and guidance on nutrition and fitness. Videos are produced by the Company and offered for online streaming or where made available also for download for offline use.

      2. Group Classes – (the ‘Classes’) facilitated online (the ‘Online Services’) or face to face (the ‘Face to Face Services’) by personal trainers (the ‘Personal Trainer’) and/or nutrition consultants (the ‘Nutrition Consultant’).

      3. Personal Training - facilitated online or face to face by the Company’s Personal Trainers (the ‘Personal Training’).

      4. Nutrition Consultation - facilitated online or face to face by the Company’s Nutrition Consultants (the ‘Nutrition Consultation’).

      5. Packages - bundles of a variety of Services (the ‘Service Packages’).

    2. Services are offered to:

      1. individuals that like to carryout physical workout routines in a group,

      2. individuals that seek guidance and coaching on physical exercises and workout routines,

      3. individuals that want to learn about nutrition for personal use,

      4. organisations that offer fitness and/or nutrition consultation as staff benefits to their employees or rewards programs to their clients.

    3. Unless otherwise agreed with the Customer, Services

      1. shall take place as set out on the Website in the order page of the respective Service.

      2. shall be made available as set out in the Video section of the Website.

    4. All paid Services:

      1. are to be paid in advance.

      2. must be used within 7 days of the purchase date or these sessions will be forfeited.

    5. All paid Service Packages:

      1. are to be paid in advance.

      2. must be used within 1 month of the purchase date or these sessions will be forfeited.

    6. Services will be conducted, supervised, and coached by Personal Trainers for the duration specified in the purchased Service, unless otherwise specified or arranged between the Customer and the Company.

    7. Assessment and Clearing

      1. The Customer shall ensure that their answers provided in the Liability Waiver and Exercise Screening Questionnaire are honest and accurate, disclosing any information that is, or may be deemed relevant to the Customers undertaking physical activities under the Company.

      2. The Personal Trainer and/or Nutrition Consultant may recommend that clearance of advice from a doctor or medical professional be sought, however Customers are responsible for seeking such clearance or advice prior to undertaking physical activity, nutritional or physical intervention with the Company to prevent risk of illness or injury.

      3. Customers shall participate in the assessment process or any other screening activities that the Personal Trainer and/or Nutrition Consultant deems relevant or sufficient to clear the Customer for training.

    8. Cancellation

      1. A minimum of 24 hours’ notice is required to cancel the Service.

      2. If this notice is not given the session will be forfeited.

      3. The Company may cancel the Service, at its sole discretion, if the minimum participants for the respective service are not met.

    9. Refund

      1. Single Services will only be refunded if a notice of 24 hours has been given or where the Service has been cancelled within the system where made available. The refund amount will be minus administration and service fees.

      2. Unused Services of a Service Package are not refundable and cannot be rolled over to another term. However, services may be transferable during the same term upon receipt of a notice of 48 hours prior to the commencement of the respective Service.

  1. Products

    1. Products may include goods such as clothing and other goods related to the Company’s Services.

    2. Warranty

      1. The Company’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

      2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 from the date of purchase (the ‘Warranty Period’).

      3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to the Company showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to the Company through the Contact and Support page on the Website.

      4. Where the Warranty Claim is accepted then the Company will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

      5. The Warranty shall be the sole and exclusive warranty granted by the Company and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

      6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

      7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

    3. Delivery

      1. You acknowledge that the Products offered by the Company integrate delivery (the ‘Product Delivery’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).

      2. In providing the Product, the Company may provide you with a variety of delivery and insurance options offered as part of the Product Delivery by the Delivery Service Providers. You acknowledge and agree that the Company is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Product Delivery.

      3. In the event that an item is lost or damaged in the course of the Product Delivery the Company asks that you:

        1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

        2. contact us via our Contact and Support page on the Website outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Product Delivery.

    4. Refund

      1. The Company may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition.

      2. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

  1. Orders

    1. Orders can be made with the online shop on the Website for Services and Products.

    2. To place an order, you have the option to:

      1. purchase them through the online shop as a guest shopper (the ‘Guest Shopper’) or,

      2. register for a free membership (the ‘Free Membership’) or,

      3. register for a paid membership (the ‘Paid Membership’) through the Website.

    3. When you order from us, we require you to provide your:

      1. name,

      2. address,

      3. email,

      4. phone,

      5. and credit card details.

    4. We undertake to take due care with this information. However, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

    5. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently offer the service.

    6. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

  1. Registration

    1. To activate a Free Membership and have access to free Material and Services, you must register for a free membership through the Website.

    2. To activate your paid Membership and have access to free and paid Material and Services the applicable fee for the selected Membership must be paid.

    3. In purchasing the Paid Membership, you acknowledge and agree that it is your responsibility to ensure that the Membership you elect to purchase is suitable for your use.

    4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email

      2. Password

      3. First and last name

      4. Mailing address

      5. Date of birth

      6. Occupation

      7. Gender

      8. Service Preferences

    5. You warrant that any information you give to the Company while completing the registration process will always be accurate, correct and up to date.

    6. Once you have registered for a Free Membership or a Paid Membership you will receive an email with an activation link to activate your Account.

    7. Upon activation of your account through the link provided:

      1. you will be a registered member of the Website (the ‘Member’) and agree to be bound by the Terms.

      2. you will have access to the restricted area of the Website and to the Services corresponding to the elected Membership until the Membership period expires (the ‘Membership Period’).

  1. Membership

    1. As a Member, you agree to comply with the following:

      1. you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Service.

      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware.

      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Company providing the Service.

      5. you will not use the Service or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

      6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Membership and cancelation of the Service. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website.

      7. you acknowledge and agree that any automated use of the Website or its Service is prohibited.

    2. Cancellation

      1. A paid membership can be cancelled at any time.

      2. Upon cancellation of the paid membership, access to paid Content and Videos will be immediately revoked and related Services will be forfeited.

    3. Refund

      1. The Company will only provide you with a refund of the Fee in the event they are unable to continue to provide access to the Members area or if the manager of the Company makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Fee that remains unused by the Member (the ‘Refund’).

  1. Prices

    1. All prices are in Australian Dollars (AUD).

    2. Prices are exclusive of charges imposed by payment transaction, as well as taxes, duties, and charges imposed in Australia or overseas in connection to the supply of services and products.

    3. Our prices on Membership, Services, and Products can be accessed on the Website.

    4. You agree and acknowledge that the Company can vary the price at any time and that the varied price will come into effect:

      1. following the conclusion of the existing Membership Period, or

      2. immediately upon purchase of a Service and/or a Product.

  1. Discount

    1. The Company may offer discount codes for the purchase of Services and/or Products to be used in the online shop.

    2. Conditions to individual discount offers will be specified at the time of issue.

  1. Payment

    1. All payments made during your use of the Website are made, organised, and arranged through a third-party company named Stripe Payments Australia Pty Ltd (the ‘Stripe’). We hold no responsibility or liability for any mismanagement of funds because of Stripe.

    2. In using the website to purchase the Membership, the Service, and/or the Product, you will agree to the payment of the purchase price listed on the Website (the ‘Purchase Price’).

    3. You must make the payment of the Membership Fee, the Service Fee, and/or the Product Fee by Credit Card (the ‘Fee’).

    4. When making any payment in relation to your use of the Website, the Service, and/or the Product, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

    5. You acknowledge and agree that where a request for the payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.

    6. Following payment of the Fee being confirmed by the Company, you will be issued with a confirmation email that the payment has been received and the Company may record your purchase details for future use.

  1. Copyright and Intellectual Property

    1. The Website, the Membership, the Services, and the Products of the Company are subject to copyright.

    2. The material on the Website is protected by copyright under the laws of Australia and through international treaties.

    3. The Company’s proprietary content including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features are all property of the Company (the ‘Material’).

    4. Unless otherwise indicated, all rights (including copyright) in the Membership, the Services, the Products, and compilation of the Website including but not limited to the Material are owned or controlled for these purposes, and are reserved by the Company or its contributors.

    5. The Company retains all rights, title and interest in and to the Website and all related Services and Products. Nothing you do on or in relation to the Website will transfer any:

      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

    6. You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services, Products or third party Services and Products for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

    7. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to the Company a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

  1. General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    2. Subject to this clause, and to the extent permitted by law:

      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

      2. the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Membership, Services, Products or these Terms (including as a result of not being able to use the Membership, Services, Products or the late supply of the Membership, Services, Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Use of the Website and the Membership, Services, and Products is at your own risk. Everything on the Website and the Membership, Services, Products are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Membership, Services, Products (including the Products or Services of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records,

      2. the accuracy, suitability or currency of any information on the Website, the Membership, Services, and Products (including third party material and advertisements on the Website),

      3. costs incurred as a result of you using the Website, the Membership, Services, or Products of the Company, and

      4. the Membership, Services, Products or operation in respect to links which are provided for your convenience.

    4. You acknowledge that the Website and the Membership, Services, Products are only intended to facilitate the interactions between Members and does not offer any services other than the Membership, Services, or Products and the Company holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

    5. We endeavour to ensure that the Memberships, the Services, and the Products are current. However, we give no undertaking as to the availability of any Membership, the Services and the Products advertised on the Website.

    6. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that Membership, Service and Product.

    7. The company provides the Service and the Material on the Website for educational purpose only.

      1. The Services and the Material on the Website cannot be used or be treated as substitute for medical advice, treatment, or diagnosis.

      2. Customers and/or Members are responsible for seeking clearance or advice from health-care professionals prior to the use of the Services and/or the Material on the Website.

      3. The use of the Services and the Material on the Website or any of the information related to the Services and the Material is solely at your own risk.

      4. The Membership, the Services, the Products, the Website and its Material are under continues improvement and we give no warranty of any kind, implied or express, as to its completeness, accuracy, or suitability for any purpose.

  1. Limitation of Liability

    1. The Company’s total liability arising out of or in connection with the Membership, Services, Products, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Membership, Services, or Products to you.

    2. You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    3. You acknowledge and agree that the Company holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

  1. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by the Company as set out below.

    2. If you want to terminate the Terms, you may do so by:

      1. providing the Company with 24-hour notice of your intention to terminate by sending notice of your intention to terminate to the Company via phone, email, or the Website support and contact page.

      2. cancel membership using the cancelation button in your user account.

    3. If you want to permanently delete your account and all its related information, you may do so by:

      1. providing the Company with 24-hour notice of your intention to have your account deleted and,

      2. sending notice of your intention to delete the account to the Company the Website support and contact page.

    4. The Company may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision,

      2. you don’t meet the membership requirements set by the Company,

      3. the Company is required to do so by law,

      4. the Company is transitioning to no longer providing the Membership, Services and Products to Members in the country in which you are resident or from which you use the service, or

      5. the provision of the Membership, Services, and Products to you by the Company is, in the opinion of the Company, no longer commercially viable.

    5. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Membership, Services, or Products without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company’s name or reputation or violates the rights of those of another party.

    6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

  1. Indemnity

    1. You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content,

      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so, and/or

      3. any breach of the Terms.

  1. Dispute Resolution

    1. Compulsory:

      1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice:

      1. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution:

      1. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either:

        1. agree upon selection of a mediator, or

        2. request that an appropriate mediator be appointed by a Third Party Dispute Service.

      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

      4. The mediation will be held in Melbourne, Australia.

    4. Confidential:

      1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

    5. Termination of Mediation:

      1. If 2 Weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

  1. Venue and Jurisdiction

    1. The Membership, Services, and Products offered by the Company are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.