Terms and Conditions

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between DRCFIT 49 660 274 742 (“Darcy Cogdale” or “we/us/our”) and you regarding the DRCFIT services and goods provided by us (“Service”) and supplied, requested and/or ordered by you and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the DRCFIT Service.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign nor transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting on the DRCFIT website. For notices made by e-mail or posting, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorised representative.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will prevail.

Request for Services

All information or orders or requests from DRCFIT Service (“Order”) shall be deemed to be an offer by you to purchase the Service pursuant to the terms and conditions herein and we shall not be deemed to have accepted any offer until you have paid the Price for the Service ordered (“Order Date”). The list of Services and the price for such Services (“Price”) will be as detailed on the DRCFIT mobile application, website, application form or online application.

Service

4.1. We will provide the Service as detailed in the Order within the dates detailed for such items selected by you by the timeframes specified by us (“Timeframes”). Such Timeframes do not commence until your order (“Purchase”) has been made through the DRCFIT mobile application, online store or website.

4.2. We will provide information such as workout plans, nutrition plans, discount codes and online purchases. We cannot be held responsible for any delays caused by the postal system. It is up to you to notify us in the event that a purchase has not received within a reasonable time expected from the postal system of that country.

4.3. If through no fault by you, a DRCFIT Purchase is delivered to you is damaged on arrival, the company involved with that product will be liable for a refund or replacement

4.4. The information provided by DRCFIT does not guarantee physical results and if it fails to produce desired results, DRCFIT are not liable. Please refer to section 17, 18, 19 for further information.

4.5. You understand that whilst the information provided is for a healthy individual to use, accidents, injuries and other harm may occur when following the provided information by DRCFIT.

4.6 By signing up to DRCFIT services, you agree to not share your nutritional and workout information to other third parties.

4.7 By signing up to DRCFIT services, you agree to the minimum subscription period of 2 weeks.

Privacy

The Privacy Act 1988 (Cth) (‘Privacy Act’), Privacy Regulation 2013 (‘Regulations’),Credit Reporting Privacy Code (‘CR Code’) and registered privacy codes govern the way in which we must manage your personal information (including your credit-related personal information).

Our obligations under Australia’s privacy laws are reflected in our Privacy Policy and Credit Information Management Policy (which are accessible via our website).

These documents explain how we handle your personal information and are available on our website or by requesting a copy from our office.

If you do not provide the personal information we request from you, we are not likely to be able to provide our products and/or services to you. We are conscious of the importance of maintaining the confidentiality of your personal information. You can be assured that we only collect personal information that is necessary for us to provide our products and/or services or additional products and/or services to you. We also take all possible steps to ensure that your personal information is not disclosed to, or accessed by, unauthorised persons.

Excepting the limited circumstances provided for in the Privacy Act, you are able to gain access to any personal information which we may hold about you. Should you wish to obtain access to such information please either telephone us or provide us with a written request by writing to us. Our contact details are listed on our website.

You authorise us to collect, store, use and disclose any information we hold about you at our discretion in connection with the provision of our products and/or services to you, as well as additional products and/or services as detailed in our Privacy Policy and Credit Information Management Policy.

Disclosure of such information may also be compelled by law and you authorise us to disclose this information where we are lawfully obliged to do so.

Further, in certain circumstances, where you fail to meet your payment obligations to us, we may report or disclose your credit-related personal information to a credit reporting body, such as Veda. You acknowledge you consent to us doing so.

We may also use your contact details to advise you of other issues or services we believe you may be interested in and may ask you randomly to respond to surveys, etc… You acknowledge you consent to the use of your details for these purposes. You may, however, at any time, unsubscribe from any of these communications by following the unsubscribe procedure detailed in the communication.

We may store or provide to third parties your personal and confidential information, including to overseas recipients. You acknowledge that you consent to us doing so and release, discharge and hold us indemnified against or in respect of any claims, actions or liability together with any costs on an indemnity basis arising therefrom.

Your Purchase

You warrant that the use and purchases you make via DRCFIT, you are solely responsible for ensuring the return of all required documents, including receipts, consent forms and statements (where applicable). Where documents are not returned duly completed, we will be unable to comply with our obligations under these terms and conditions and shall have no further liability to you until or unless the documents are submitted and no refund will be provided.

The Company shall be entitled to retain, store, use and/or destroy all information received from you for such time and purposes as determined by us.

Suitability

On request, we will endeavour to give as much information to you about the Services we provide and details of what the results do and do not show, but ultimately it is for you to decide whether or not the Service is suitable for your particular purpose.

Lawful Possession

You are solely responsible for ensuring that you are legally entitled to possess and obtain the purchases via DRCFIT. You agree to indemnify us against all claims, expenses and any loss or damage suffered by us as a result of you purchasing which were not legally obtained.

Disclosure

You warrant that you are entitled to provide us with all information and data and shall indemnify us against any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.

10.Limitation Of Liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

NEITHER DRCFIT, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DRCFIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, DRCFIT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DRCFIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRCFIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL DRCFIT TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DRCFIT SERVICE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DRCFIT AND YOU.

11.Dispute Resolution

You agree that any dispute between you and us arising out of or relating to these Terms of Service, the DRCFIT Service, or any other DRCFIT products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

12.Governing Law

The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Queensland, Australia without regard to its conflict of laws principles.

13.Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against DRCFIT, you agree to try to resolve the Dispute informally by contacting us. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or DRCFIT may bring a formal proceeding.

14.We Both Agree to Arbitrate

You and DRCFIT agree to resolve any Disputes through final and binding arbitration. The Australian Institute for Commercial Arbitration (AICA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Queensland, Australia, or any other location we agree to. AICA rules will govern payment of all arbitration fees.

15.No Class Actions

You may only resolve Disputes with DRCFIT on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

16.Judicial Forum for Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and DRCFIT agree that any judicial proceeding (other than small claims actions) will be brought in the Federal or State Courts of Queensland, Australia. Both you and DRCFIT consent to venue and personal jurisdiction there.

17.Use The DRCFIT Service At Your Own Risk

Our goal is to provide helpful and accurate information on the DRCFIT Service, but we make no endorsement, representation or warranty of any kind about any DRCFIT results, information, services or recommendations. The accuracy of the data collected and presented through the DRCFIT Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the DRCFIT Service. If you rely on any DRCFIT material or the DRCFIT Service, you do so solely at your own risk.

18.Consult Your Doctor Before Using The DRCFIT Service

The DRCFIT Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using or purchasing from DRCFIT, engaging in an exercise program or changing your diet. If you experience a medical emergency, consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through DRCFIT. If you engage in any exercise program you receive or learn about through the DRCFIT you agree that you do so at your own risk and are voluntarily participating in these activities.

19.Use Common Sense.

Use of the DRCFIT should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your DRCFIT product or service.

Information Given

By accepting these terms and conditions you agree that all images or video uploads and information provided by you or any athlete, manager, affiliate, employee or representative is able to be used by any means determined appropriate by DRCFIT within DRCFIT app or website including advertisements and that DRCFIT does not accept liability under any circumstances.

Acceptable Use Of Our Services

By using the DRCFIT Service you agree that all image or video uploads, information and actions are your own responsibility and DRCFIT does not accept liability under any circumstances. If we disable your account for a violation of our Terms, you will not create another account without our permission. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of DRCFIT, our users, or others, including intellectual property, privacy, publicity, or other proprietary rights; (b) are illegal, obscene, offensive, threatening, defamatory, hateful, intimidating, harassing, racially, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting crimes; (c) involve publishing misleading statements, pornographic material, impersonate someone, falsehoods and misrepresentations; (d) involve sending illegal or communications; (e) Using bulk messaging, auto-messaging or such programs (f) involve any non-personal use of our Services unless otherwise authorized by us.

You must not (or assist others to) access, copy, adapt, use, modify, prepare works based upon, transfer, distribute, license, sublicense, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) alter, modify, create derivative works from, reverse engineer, decompile, or extract code from our Services; (b) send, transfer, store, or transmit viruses or any other harmful code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services, Servers or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users (g) rent, sell, resell, or charge for our Services. You are responsible for keeping your device and your DRCFIT account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

PRIVACY POLICY

Table of Contents

General …………………………………………………………………………………………………………………….. 2
Personal Information …………………………………………………………………………………………………… 2
Sensitive information …………………………………………………………………………………………………… 2
Collection of your personal information …………………………………………………………………………… 3
Overseas Recipients …………………………………………………………………………………………………… 4
Access to your personal information ………………………………………………………………………………. 5
Complaints ………………………………………………………………………………………………………………… 5
How we may change this Policy ……………………………………………………………………………………. 6
More information ………………………………………………………………………………………………………… 6
Interpretation ……………………………………………………………………………………………………………… 6

Schedule ……………………………………………………………………………………………………………………………….. 8

General

1.1 This Privacy Policy outlines our personal information handling practices of our business and related entities.

1.2 We respect the privacy of your personal information. The Privacy Act 1988 (Cth) (‘Privacy Act’), the Australian Privacy Principles, Privacy Regulation 2013 (‘Regulations’) and registered privacy codes govern the way in which we must manage your personal information. This policy sets out how we collect, use, disclose and otherwise manage your personal information.

Personal Information

2.1 If we deal with you as a current or prospective customer or client, we may collect personal information from you in order to provide any of our services and products to you. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the services or products we provide or functions we carry out.

2.2 Personal information means information from which your identity can be reasonably ascertained. The types of personal information we may collect from you include (but is not limited to):

a) Name;
b) Date of birth;
c) Residential address;
d) Postal address;
e) Email address;
f) Signature;
g) Images or videos;
h) Health, biometric or genetic information;
i) Location, Telephone numbers;
j) Sensitive information; and
k) Your occupation and place of work.

2.3 Personal information may also include credit information, as that term is defined in the Privacy Act. Our Credit Management Policy contains information about how you may seek correction of credit information we hold about you, how you may complain about an alleged breach of our obligations in relation to your credit information (and how we will deal with such a complaint) and whether we will disclose your credit information to any overseas entities.

Sensitive information

We will only collect sensitive information from you with your consent (unless a permitted general situation exists). Sensitive information is personal information that includes information relating to your racial or ethnic origin, criminal history, sexual orientation, membership of any trade or professional associations.

Collection of your personal information

4.1. You may provide us with personal information that we need to use to provide you with our services. The main way we collect personal information about you is when you give it to us, for example when you complete a form, application or survey or contact us to ask for information.

4.2. We collect, hold, use and disclose your personal information which is necessary to carry out our business functions or activities. These functions and activities include:

Providing various products and services relating to our business and DRCFIT to you or someone else you know;
Providing you with information about other services that we offer that may be of interest to you;
Providing you with information relevant to you personally and/or your type of business or other area of expertise or interest;
Providing you with the opportunity to meet other people and attend seminars and conferences in your type of business, or other areas of expertise or interest;
Assist in the management of the products and services;
Facilitating our internal business operations, including the fulfilment of any legal, accounting and regulatory requirements;
The distribution, collection, aggregation, storage and/or sale of your personal information (that may identify you or be de-identified) to third parties and amongst DRCFIT;
Analysing our services and customer needs with a view to improving those services; and
Contacting you to provide a testimonial or complete a client satisfaction survey.

4.3. In order to perform the functions and/or activities described above, we may disclose your personal information to any of the persons or organisations described below:

Our related entities (if any) to facilitate our and their internal business processes;
Third party service providers, who assist us in operating our business (including credit reporting bodies, medical and research providers and technology service providers), and these service providers may not comply or be required to comply with our privacy policy;
Our related entities and other organisations with whom we have affiliations so that those organisations may provide you with information about services and various promotions;

Organisations involved in maintaining, reviewing, upgrading and developing our computer, scientific and business systems;
Our financial advisers, legal advisers or auditors;
Organisations involved in a corporate re-organisation or involved in a transfer of all or part of the assets or business of our organisation;
Organisations involved in the payments systems including financial institutions, merchants and payment organisations;
Organisations required to assist us discharge our legal requirements (e.g. the provision of a tax file number under the Income Tax Assessment Act, the ‘know your client’ requirements under the Anti-Money Laundering and Counter-Terrorism Act and the responsible lending and identification requirements under the National Credit Code and associated Land Title, Personal Property and Property Law legislation);
As required or authorised by law and/or where you have given your consent.
- We may also use or disclose your personal information for a secondary purpose where the use or disclosure is required or authorised by or under an Australian law or a court/tribunal order, or if a permitted general situation applies.
- We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures. We cannot ensure the security of any information that you transmit to us over the internet and you do so at your own risk. Our website links to external websites and we take no responsibility for the privacy practices or the content of these other sites.
- We may sell your personal information to other companies or organisations without your prior consent.
- Where it is lawful and practical to do so, you may wish to deal with us without providing any personal information, such as by providing a pseudonym or dealing with us anonymously, when you make general enquiries. However, in order to provide some of our services to you, we may need to identify you.
- If you access a social media page operated by us, the information we collect about you may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service.
- We will collect information from you electronically, for instance through internet browsing, mobile or tablet applications. Each time you visit our website, we may collect information about your use of the website. We may use technology called ‘cookies’ when you visit our site. Cookies can record information about your visit to our site.
- We may invite you to send your details to us via private messaging, for example, to answer a question about your account. You may also be invited to share your personal information through secure channels and non-secure channels to participate in other activities, such as competitions.

4.4 Personal information that is provided by the user directly through the DRCFIT mobile app will be stored on our servers and appropriate systems. However this data may be requested for deletion by emailing us directly with your full name and email address associated with your in app account details. For security purposes we may request identity verification from the user to ensure that the individual requesting the user data deletion is the genuine person.

Overseas Recipients

5.1. DRCFIT Services are hosted and operated entirely on My PT Hub and are subject to Australian law. Any personal information that you provide to DRCFIT is hosted on My PT Hub.

5.2. We may disclose your personal information to overseas recipients.

5.3. We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside Australia.

5.4. Prior to disclosing your personal information to an overseas recipient, unless a permitted general situation applies, we will take all reasonable steps to ensure that:

The overseas recipient does not breach the Australian Privacy Principles; or
The overseas recipient is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way the Australian Privacy Principles protect the information; or
You have consented to us making the disclosure. Acceptance of any of our services via an application in writing, orally or electronic means will be deemed as giving consent to the disclosures detailed herein.

Access to your personal information

6.1. You can request, at any time, for us to inform you of the personal information we hold about you. We usually respond to you within fourteen days of receiving your request.

6.2. We may refuse to give you access to the personal information we hold about you if we reasonably believe that giving access would pose a serious threat to the life, health or safety of an individual, would have an unreasonable impact on the privacy of other individuals, or if we consider the request to be frivolous or vexatious.

6.3. If any of the information we hold about you is inaccurate, out of date, incomplete or irrelevant, please contact us.

6.4. If you wish to access or correct any of the personal information we hold about you, please email us or contact us by telephone using the details listed in Item 1 of the Schedule.

Complaints

7.1. Should you wish to make a complaint about the management of your personal information, please email us or contact us by telephone using the details listed in Item 1 of the Schedule.

7.2. We will make a record of your complaint and take steps to correct any deviation from Australian Privacy Principals.

7.3. We will acknowledge your complaint within seven days. We will provide you with a decision on your complaint within 30 days.

7.4. If you are dissatisfied with our response, you may make a complaint to the Privacy Commissioner – contactable either through www.oaic.gov.au or 1300 363 992.

How we may change this Policy

We may amend or update this Policy at any time. Any changes to our Privacy Policy will be publicised on our website. This version of our privacy policy came into existence on the dated specified in Item 4 of the Schedule.

More information

9.1. For more information about any issue raised in this Privacy Policy or any other concerns, please use the details listed in Item 1 of the Schedule.

9.2. For more information about privacy in general, you can visit the Australian Information Commissioner’s website at www.oaic.gov.au .

Limitation of Liability

To the fullest extent permitted by law, DRCFIT, shall not be liable for any loss or damage whatsoever whether direct or indirect and whether in contract, tort, quasi-tort or otherwise, arising out of the use of or reliance on the information contained in the pages of this Web site and/or use of any application or services we provide.

By accepting to access the pages of this Mobile Application, Web site or accessing any application or service we provide and in consideration of such access, you hereby unconditionally accept to hold harmless DRCFIT, from any liability for any loss or damage whatsoever whether direct or indirect and whether in contract, tort, quasi-tort or otherwise, arising out of the use of or reliance on the information contained in the pages of this Mobile Application or Web site.

In accessing this Web site or accessing any application or service we provide you accept that electronic mail and other transmissions passing over the internet may not be free from interference by outside parties and may not remain confidential. In consequence, DRCFIT cannot guarantee the privacy or confidentiality of any information passing over the Internet.

Interpretation

11.1. In the construction and interpretation of this Policy (where the circumstances require):-

One gender includes the other gender;
The singular includes the plural and the plural includes the singular;
A person includes a body corporate;
A party includes the party’s related bodies corporate, related partnerships, related trusts, directors, the members of its Board of Management, its officers, employees and agents, liquidators, receivers and managers, trustee in bankruptcy, administrators, executors, successors and permitted assigns;
Headings are for convenience only and do not form part of this policy or affect its interpretation; and
Where a word or expression is given a particular meaning, parts of speech and grammatical forms of that word or expression have a corresponding meaning.
- “Business” means any of our businesses including without limitation those detailed in Item 2 of the Schedule.
- “DRCFIT” includes DRC FIT Pty Ltd and our related entities.
- “Our”, “we” or “us” means the parties and any related entities of the parties described in Item 1 of the Schedule.
- “Products” and “Services” means any of our products and/or services we provide, including without limitation those detailed in Item 3 of the Schedule.
- “Permitted General Situation” has the same meaning as in the Privacy Act.

Schedule

Item 1 – Our details

Entity: DRC FIT Pty Ltd
Email: darcycogdale@gmail.com
Primary Contact: 0434238766

Item 2 – Business

(a) DRCFIT

Item 3 – Products and Services

Health, dietary and personal training services, analysis and reports;
Dietary, gym and health supplements;
Dietary, gym and health apparel; and
Online and IT applications of and incidental to the above products and services.

Item 4 – Commencement date of this Version

(a) 13th January, 2025