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Terms and Conditions

Last Updated: November 27, 2025

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the online personal training and coaching services (“Services”) provided by HER WELLNESS COACHING PTY LTD ACN 692 744 773 (“we,” “us,” “our,” or “Company”). By accessing our website, mobile application, or using our Services, you (“you,” “your,” or “Client”) acknowledge that you have read, understood, and expressly agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our Services.

2. Eligibility and Registration

2.1 Age Requirement: You must be at least 18 years of age to use our Services. If you are under 18, you may only use our Services if your parent or legal guardian has reviewed and agreed to these Terms on your behalf and supervises your use of the Services. We may require verification of parental consent.

2.2 Account Registration: To access certain Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Account Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Health and Medical Disclaimer

3.1 Medical Clearance: Before beginning any fitness program, you should consult with your healthcare provider. Our Services are not a substitute for professional medical advice, diagnosis, or treatment.

3.2 Pre-Existing Conditions: You represent and warrant that you do not have any physical or medical condition that would prevent you from safely participating in fitness activities, or you have disclosed all such conditions to us in writing.

3.3 Assumption of Risk: You expressly acknowledge and agree that physical exercise involves inherent risks, including but not limited to abnormal blood pressure, fainting, heart attack, stroke, musculoskeletal injuries, and in rare instances, death. You voluntarily and knowingly assume all risks associated with participation in our Services, whether foreseen or unforeseen. This assumption of risk applies even if such risks arise from the negligence of the Company or its coaches, to the extent permitted by law.

3.4 No Medical Advice: Our coaches and trainers are not licensed medical professionals, registered dietitians, or healthcare providers unless specifically stated otherwise. Any nutritional guidance, exercise recommendations, or wellness advice provided is for general educational and informational purposes only and should not be construed as medical advice, diagnosis, or treatment. You should consult with your own qualified healthcare provider before making any health-related decisions or changes to your diet, exercise routine, or lifestyle.

4. Services Description

4.1 Services Provided: Our Services may include, but are not limited to:

4.2 Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

4.3 No Guarantees: While we strive to help you achieve your fitness goals, we make no guarantees, representations, or warranties regarding specific results, weight loss, fitness improvements, or health outcomes. Individual results may vary significantly based on numerous factors including but not limited to effort, consistency, adherence to programs, genetics, age, pre-existing health conditions, lifestyle factors, and other circumstances beyond our control. Any testimonials or success stories do not guarantee similar results.

5. Payment Terms

5.1 Fees: You agree to pay all fees associated with your selected service package as described at the time of purchase. All fees are quoted and payable in Australian Dollars (AUD) unless otherwise stated. Fees are inclusive of GST where applicable, which will be itemized on your invoice.

5.2 Payment Methods: We accept payment via credit card, debit card, or other payment methods as made available. By providing payment information, you authorize us to charge the applicable fees to your payment method.

5.3 Recurring Payments: If you subscribe to a recurring service plan, your payment method will be automatically charged at the beginning of each billing cycle until you cancel your subscription.

5.4 Price Changes: We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle but will apply to subsequent billing cycles. We will provide at least 30 days’ written notice of any price changes to the email address associated with your account. If you do not agree to the price change, you may cancel your subscription in accordance with Section 6 before the new pricing takes effect.

5.5 Late Payment: Failure to pay any fees when due may result in suspension or termination of your access to the Services.

5.6 Taxes: Unless otherwise stated in Section 5.1, all fees are exclusive of applicable taxes, duties, and government charges (including GST), which you are responsible for paying. We will add applicable taxes to your invoice as required by law.

6. Cancellation and Refund Policy

6.1 Cancellation by Client: You may cancel your subscription at any time by providing written notice through your account settings or by email to the contact address specified in Section 14. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services until that time. We will send you written confirmation of your cancellation within 2 business days of receiving your cancellation notice.

6.2 Refunds: All payments are non-refundable except as required by law. If you cancel your subscription, you will not receive a refund for the current billing period. However, you are entitled to statutory rights under the Australian Consumer Law, including the right to a refund, repair, or replacement if the Services provided constitute a major failure or are not provided with due care and skill. Nothing in these Terms limits or excludes any rights or remedies you may have under the Australian Consumer Law or other applicable consumer protection legislation.

6.3 Discretionary Refunds: We may, at our sole discretion, provide refunds in exceptional circumstances beyond those required by law, such as prolonged service outages or circumstances where we are unable to provide the Services as promised. Any such discretionary refund does not waive or limit your statutory rights under Section 6.2.

6.4 Cancellation by Company: We reserve the right to suspend or terminate your access to the Services at any time for cause, including for breach of these Terms. If we terminate your access without cause (other than for reasons beyond our control such as force majeure), you will be entitled to a pro-rata refund of any prepaid fees for Services not yet provided. If termination is due to your breach of these Terms or other conduct justifying termination for cause, you will not be entitled to any refund.

7. Client Responsibilities

7.1 Accurate Information: You agree to provide accurate, current, and complete health, fitness, and personal information through our intake forms and health questionnaires, and to promptly update such information whenever there are material changes to your health status, medical conditions, medications, or other circumstances that could affect your safe participation in the Services. You acknowledge that our ability to provide appropriate Services depends on the accuracy and completeness of the information you provide.

7.2 Following Instructions: You agree to follow the exercise and nutrition guidance provided by our coaches to the best of your ability, subject to your own judgment about your physical capabilities and health, and to communicate any concerns or difficulties promptly. You acknowledge that you are ultimately responsible for decisions about your own health and fitness, and you should stop any activity that causes pain or discomfort and consult a healthcare provider as appropriate.

7.3 Communication: You agree to maintain regular communication with your assigned coach and to respond to check-ins and messages within a reasonable timeframe (generally within 48 hours for non-urgent matters). You acknowledge that failure to maintain regular communication may limit our ability to provide effective Services and monitor your progress. If we do not receive a response from you within 14 consecutive days despite reasonable attempts to contact you, we may suspend your Services until communication is re-established.

7.4 Prohibited Conduct: You agree not to:

8. Intellectual Property

8.1 Ownership: All content, materials, software, and intellectual property associated with our Services, including but not limited to workout programs, meal plans, educational content, trademarks, and logos, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and associated materials (including workout programs and meal plans provided to you) for your personal, non-commercial use only. This license automatically terminates upon termination of your subscription or these Terms.

8.3 Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or content without our express written permission.

8.4 Client Content: You retain ownership of any content you submit to us (such as progress photos, measurements, or feedback). By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, store, and display such content solely for the purposes of: (a) providing Services to you; (b) improving our Services; and (c) creating de-identified, aggregated data for analysis and service development. We will not use your identifiable personal content for marketing or promotional purposes without your separate express written consent. You represent and warrant that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.

9. Privacy and Data Protection

9.1 Privacy Policy: Your use of our Services is also governed by our Privacy Policy [insert hyperlink or reference to where the Privacy Policy can be accessed], which is incorporated into these Terms by reference and forms part of this agreement. Please review our Privacy Policy to understand our data collection, use, storage, and disclosure practices. In the event of any conflict between these Terms and the Privacy Policy regarding privacy and data protection matters, the Privacy Policy shall prevail.

9.2 Data Collection: We collect personal information including but not limited to your name, contact information, payment details, health information, and fitness data to provide and improve our Services.

9.3 Data Security: We implement reasonable administrative, technical, and physical security measures designed to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction, in accordance with the Australian Privacy Principles. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. You acknowledge and accept the inherent security risks of providing information online. In the event of a data breach that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required by the Privacy Act 1988 (Cth).

9.4 Third-Party Services: We may use third-party service providers (including payment processors, cloud hosting providers, and analytics services) to process payments, host data, or provide other services. These providers may have access to your personal information as necessary to perform their functions, but are contractually required to protect your information and use it only for the purposes for which it was disclosed. We remain responsible for the handling of your personal information by our service providers in accordance with the Australian Privacy Principles. A list of our key service providers and their privacy policies is available upon request.

10. Limitation of Liability

10.1 Disclaimer of Warranties: TO THE EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY AGREEMENT.

10.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO OUR LIABILITY FOR BREACH OF CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

10.3 Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.4 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

Subject to applicable law (including the Australian Consumer Law), you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

12. Third-Party Links and Content

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that, to the extent permitted by law, we shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services. However, nothing in this clause limits our liability for misleading or deceptive conduct under the Australian Consumer Law in relation to our representations about third-party services.

13. Dispute Resolution

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Nothing in this clause excludes the application of mandatory consumer protection laws, including the Australian Consumer Law.

13.2 Informal Resolution: If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by sending written notice to info@herwellnesscoaching.com.au.

13.3 Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the Resolution Institute in Sydney New South Wales. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

14. Termination

14.1 Termination by You: You may terminate your account at any time by following the cancellation procedures outlined in Section 6.

14.2 Termination by Us: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

14.3 Effects of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers (subject to the Australian Consumer Law), indemnity (subject to applicable law), and limitations of liability (subject to the Australian Consumer Law). Your statutory rights under the Australian Consumer Law are not affected by termination.

14.4 Data Retention: After termination, we may retain your information as required by law or for legitimate business purposes, in accordance with our Privacy Policy.

15. General Provisions

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

15.2 Amendments: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and sending notice to the email address associated with your account at least 30 days before the changes take effect. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may cancel your subscription in accordance with Section 6 before the changes take effect.

15.3 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. However, nothing in this clause prevents you from exercising your rights under the Australian Consumer Law or other mandatory consumer protection legislation.

15.4 Severability: If any provision of these Terms is found to be invalid or unenforceable that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect. If severance of an invalid provision would fundamentally alter the nature of these Terms or would be contrary to the Australian Consumer Law, the entire Terms may be deemed void at the election of the affected party.

15.5 Assignment: You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or internet service provider failures.

15.7 Independent Contractors: Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us.

15.8 Notices: Any notices or communications required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by email to info@herwellnesscoaching.com.au for the Company and to the email address associated with your account for you, provided that a delivery receipt is received; or (c) three (3) business days after being sent by prepaid registered post to the Company’s registered office address (SUITE 19 G 135-153 NEW SOUTH HEAD ROAD, EDGECLIFF NEW SOUTH WALES 2027) or to your last known address. Notices sent by email shall be deemed received on the date of transmission if sent during normal business hours (9am-5pm AEST/AEDT on a business day), or on the next business day if sent outside normal business hours. You must notify the Company immediately of any change to your email address or postal address.

16. Contact Information

If you have any questions about these Terms or our Services, please contact us at:

HER WELLNESS COACHING PTY LTD  (ACN  692 744 773)
Email: info@herwellnesscoaching.com.au

By using our Services, you acknowledge that you have read, understood, and expressly agree to be bound by these Terms and Conditions. You acknowledge that these Terms constitute a legally binding agreement between you and the Company. If you do not agree to these Terms, you must not access or use the Services.

Last Updated: 15 November 2025
Version: 01- 25