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Terms and Conditions

 

1. KRAVE FITNESS WEBSITE TERMS AND CONDITIONS OF REGISTRATION

The Krave Fitness website at www.kravefitness.com.au and related mobile applications, if any (together, the Website) are owned and operated by Krave Fitness Pty Ltd (ABN 52 159 314 039) of 13/69 York Road South Penrith 2750 NSW, Australia. TEL: (02) 4731 8881 (Krave Fitness, we, us, our). By clicking "I accept", you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking "I accept", you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, including the use of the information services provided through this Website.

Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Krave Fitness is entitled to suspend or terminate your use of the Website or membership at any time if krave Fitness considers that you have brought, or may bring, the reputation of Krave Fitness or its members into disrepute.

If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.

2. PAYMENT AND REFUNDS

Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant service that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.

We expect that we will use a PayPal and Stripe payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

Our fees for our services and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

Your access to our service will begin as soon as your payment (or initial payment, as applicable) is processed. Depending on the program or service that you have acquired, you will either be charged a yearly fee (as defined in section 3 below) or a monthly fee for so long as you continue to subscribe for that product or service. The applicable fee, and whether the fees are payable on a yearly or monthly basis, will be notified to you as part of the ordering procedure. For monthly subscription programs and services, you’ll be charged the rate stated at the time of purchase, every month, until you cancel. Because there’s no annual contract, your rate is subject to change, but we will always notify you beforehand. Except as described in the section titled Variation, if you cancel your product or service at any time, your payment is non-refundable. For yearly subscription programs or services, your access to our program or service will continue until the end of that year’s billing period. For Yearly subscription programs and services, you’ll be charged the rate stated at the time of purchase, every year, until you cancel. Because there’s no annual contract, your rate is subject to change, but we will always notify you beforehand. Except as described in the section titled Variation, if you cancel your product or service at any time, your payment is non-refundable. After cancellation, you will be unable to access the service and any content within it.

All fees are non-refundable and are non-transferable, unless:

  1. during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 days. In this circumstance, a partial refund or credit may be granted upon written request by email at This email address is being protected from spambots. You need JavaScript enabled to view it., however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, social media etc); or
  2. we agree to issue you with a refund in accordance with the section titled Variation below.

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund.

Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law.

Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

3. CONDITIONS OF USE OF SITE

Subscription products and services

Where the ordering process specifies that a product or service is a subscription service with a monthly payment, you will be provided with access to our product or service, including protected areas of our Website that require a username and password to access, for so long as you continue to pay the monthly subscription amount. You will need to access our Website with your username and password in order to access and use our products and services.

SEEK ADVICE FROM MEDICAL PROFESSIONAL

As with any physical activity, it’s important that before beginning, you consult with your health care professional to ensure that you are aware of any restrictions that are appropriate for you. You should immediately seek medical attention if there are any concerning changes to your physical condition at any time.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

Our Service

Our service shall be delivered as described from time to time on our Website. You acknowledge and understand that access to any specific trainer mentioned in the Website, in person, or on-line is not guaranteed.

Information Provided on Website

All information provided by us on the Website is provided in good faith, out of love and care for your health, fitness and wellbeing. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time, but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Our team includes experts on nutrition and fitness. Our experts may receive requests from members about that member's specific circumstances. Our experts may provide health, fitness or nutritional information for educational purposes. Not all of our experts are fitness professionals or possess fitness-specific qualifications or certifications. Our experts do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Krave Fitness.

Nutritional Information

Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of FSANZ, Krave Fitness or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.

There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.

Recommendations and test results on the Website

Certain parts of the Website may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website.

Fitness Level

You will require a moderate level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own enquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

  • pregnant women and women who are breastfeeding or who are trying to conceive a child;
  • persons with any ongoing physical condition such as:
  • persons suffering from cancer or other long term illness; or
  • persons with liver disease, kidney disease, or renal failure;
  • persons with eating disorders;
  • persons with diabetes, blood pressure or cholesterol issues;
  • elderly persons;
  • persons recovering from or recently recovered from illness or injury;

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any "recreational services" or "recreational activities" (within the meaning of the Competition and Consumer Act 2010 or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Quality of the Website

We do not promise that the Website, or your access to the Website and our information service, will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at This email address is being protected from spambots. You need JavaScript enabled to view it. We may investigate the claim and take appropriate action, in our sole discretion.

Online Shopping Accessed via Krave Fitness

Krave Fitness may integrate its shopping list with third party retailers enabling the purchase of Krave Fitness ingredients via these external channels. We do not guarantee the uninterrupted availability of these third-party services and cannot guarantee that retailer services are available in all regions. Krave Fitness has made every effort to display the third-party products that are most suitable as ingredients for Krave Fitness recipes in quantities suitable for the Krave Fitness meal plans. However, Krave Fitness cannot guarantee the accuracy of the ultimate purchase made via a third-party retailer. We strongly recommend that Krave Fitness members check the contents of their third-party shopping cart carefully before checking out as Krave Fitness cannot be responsible for the selection of the items purchased, the quantity or the cost.

Non Krave Fitness services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from Krave Fitness. If in the opinion of Krave Fitness members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Krave Fitness reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Limitation of liability

Indirect and Consequential Loss

To the extent permitted by law, and subject to any non-excludable terms implied by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

 

Terms Implied by Law

To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these terms is excluded. Where legislation implies any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included but our liability will be limited for a breach of that condition, warranty or guarantee to, at our option:

  1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
  2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

4. INDEMNITY

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trademarks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

  1. sharing the content of this Website or your account with other persons;
  2. publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
  3. using the logo or trademarks of this Website, the phrase "Krave Fitness Pty Ltd" (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
  4. registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by us; and
  5. systematic downloading or "scraping" of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

  1. the frequency and nature of any downloads; and
  2. the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

6. USER-GENERATED CONTENT

This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise (“User Content”) and may also allow you to see User Content submitted by other persons.

The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (“Access Controls”). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither Krave Fitness nor you may be able to control the further disclosure and publication of that User Content.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

  1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
  2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
  3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
  4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at This email address is being protected from spambots. You need JavaScript enabled to view it.

7. PERMITTED USE

We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

  1. you are legally responsible for all User Content you submit;
  2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
  3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
  4. you will not:
    1. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
    2. bypass (or attempt to bypass) any security mechanisms imposed by the Website;
    3. harvest or collect email addresses, photographs or personal information of other users;
    4. impersonate any person or entity;
    5. post or transmit false or misleading material or make any form of misleading or deceptive representation;
    6. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
    7. exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitations, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
    8. provide access or links to any material (including links to peer to peer network "trackers") which may infringe the intellectual property rights of another person; or
    9. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
    10. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or access links to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

9. VARIATION

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Krave Fitness members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

  1. received notice of such changes when we place a notice on the Website setting out the changes; and
  2. agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.

If you do not agree with the changes, then prior to you accessing your account you may cancel your product or service by notifying us by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. and requesting a partial refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will (in addition to accepting your cancellation of your product or service):

  1. for weekly subscription products and services, refund a percentage of any pre-paid weekly subscription fees, as calculated by reference to the amount of remaining time on your subscription service for which you have pre-paid the relevant subscription amount; or
  2. for yearly subscription products and services, refund a percentage of any pre-paid weekly subscription fees, as calculated by reference to the amount of remaining time on your subscription service for which you have pre-paid the relevant subscription amount

10. INTERNET SAFETY

This Website seeks to adhere to the "Internet Industry Code of Practice" ("IICP") available at http://www.commsalliance.com.au. In accordance with the obligations on Content Hosts described within the IICP, we:

(1) encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content; (2)notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law; (3) warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting https://esafety.gov.au, or following the link in the bullet point below; (4) encourage you to read the Guide for Internet Users for information about obtaining an Family Friendly Filter at: http://www.commsalliance.com.au/Activities/ispi/fff; (5) notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by www.acma.gov.au; and (6) encourage you to contact Program Administrator at This email address is being protected from spambots. You need JavaScript enabled to view it. if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.

We request the Australian Communications and Media Authority contact the Program Administrator at This email address is being protected from spambots. You need JavaScript enabled to view it. to send any takedown notices.

11. PERSONAL INFORMATION COLLECTION NOTICE

In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in another country.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Our Privacy Policy can be viewed in full here at https://www.kravefitness.com.au/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

12. SEVERANCE & TERMINATION

Krave Fitness may in its sole and absolute discretion refuse registration or suspend or terminate membership at any time and for any reason. Where Krave Fitness terminates your membership other than for a breach by you of any of these terms, then we may refund a percentage of your once-off fee as calculated by us in our discretion.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

13. SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement: "disclaimer", "limitation of liability", "indemnity", "intellectual property" and "user-generated content".

14. GOVERNING LAW

These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

 

 

Consult your healthcare professional before beginning any diet or fitness regime.

 

15. Contact Us

 

Krave Fitness

13/69 York Road,

South Penrith 2750

NSW, Australia.


Phone number: (02) 4731 8881
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

 

 

 

 

 

 

Privacy Policy

 

1. KRAVE FITNESS WEBSITE PRIVACY POLICY

Krave Fitness Pty Ltd (ABN 52 159 314 039) of 13/69 York Road South Penrith 2750 NSW, Australia. TEL: (02) 4731 8881 ("us”, “we”, “our" or "Krave Fitness") is committed to protecting the information about you that we collect, store and use when you provide it to us at our web and mobile site www.kravefitness.com.au. We manage your information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988. This document describes how we manage any personal information we have collected about you, including from the Website.

By accessing the Website you accept the terms and conditions of its use, and consent to the collection, use and disclosure of your personal information in accordance with this privacy policy and the terms and conditions of use of the Website.

If you have questions or complaints regarding our privacy policy or practices, or believe that your privacy has been breached, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and provide details of the incident so that we can investigate it. We request that all complaints be made in writing, so that we can be sure about the details of the complaint. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act, if applicable).

  1. COLLECTION & USE OF PERSONAL INFORMATION

2.1 What personal information about me does Krave Fitness hold, and how it is collected

Registration process

When you register to become a member of the Website, or when you register your interest to sign up in the future, you will be asked to complete an online form to submit different information about you to us. Such information includes:

  1. your name;
  2. your contact details such as your telephone number, and email address;
  3. information that allows us to process your payments to us (including for our services), such as bank account details and credit card information;
  4. and links to any websites, social media sites or blogs that you maintain.

If you make purchases on our online store, then you will be asked to complete an online form as part of the purchase. We may collect information such as:

Purchases made on our online store

If you make purchases on our online store, then you will be asked to complete an online form as part of the purchase. We may collect information such as:

  1. your name;
  2. your contact details such as your telephone number and email address;
  3. information that allows us to process your payment to us, such as bank account details and credit card information;
  4. and your delivery address.

Competitions and promotions

From time to time we may organise and run various competition and promotions for users of the Website. As part of these competitions and promotions, we may ask you to submit other personal information about yourself, such as your height, weight, marital status, age, fitness levels and nutrition details.

You do not have to provide us with your health information, however this means that you may not be eligible to enter some competitions, nor able to receive tailored information specific to your needs.

User submitted content

The Website allows you to post and submit content, including photographs and images, height, weight, marital status, age, fitness levels and nutrition details. You do not need to post or submit any content, however, if you do, we collect the information that you submit.

We also collect any other information you provide to us (whether orally, by mail or email or online).

Geo-Locaton Data

We may ask to track location-based information from your mobile device while downloading or using our Mobile Apps or Services in order to tailor your experience. If you don't grant permission then we do not collect any location-based data.

2.2 What does Krave Fitness do with my personal information?

We collect, hold and use your personal information for a number of purposes, as outlined below, including to provide our services to you and to operate the Website

In general, we use the information that we collect to:

  1. assist us in providing goods and services to you;
  2. contact you or respond to your queries;
  3. display, update and maintain the content of the Website;
  4. tailor your experience of the Website and our communications to you;
  5. and send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events.

Running Competitions and Promotions

If we collect information from you as part of any competitions or promotions, we use the information that we collect in profiling your fitness, displaying the results of competitions, promoting the service and encouraging other members of the Website.

General uses

We may also use the information that we collect from you:

  1. to advertise our services and the Website. However, we will seek your consent before we use your photograph publicly for this purpose;
  2. for our internal administrative, marketing and planning requirements;
  3. to compile and report statistics, with all the relevant personal and/or proprietary information de-identified prior to the completion of such statistics; and
  4. for purposes that are expressly permitted under any agreement with you.

2.3 To whom will Krave Fitness disclose my personal information?

We do not disclose contact information about you publicly or to other third parties unless it is authorised or required by law (or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us in relation to the Website) or as otherwise outlined in this policy.

We may display personal information about you (including your health information and your profile photograph) on the Website. This is for the purposes of publicly profiling your fitness, displaying the results of competitions, promoting our services and Website and encouraging other members. If you do not wish this to happen, then you must contact us using the details below.

We may display your user submitted content as part of the Website. The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user submitted content. We will use reasonable endeavours to implement your selection.

From time to time, we will also disclose your personal information (on a confidential basis) to agents and others that we use in the ordinary operation of our business, such as account and billing, shipping and fulfilment, marketing and promotion, user experience research and surveys, website hosting and support and maintenance. We will only disclose your information to the extent required for the limited purpose of the third party providing services contracted to us so that we may service you.

If Krave Fitness is involved in a merger, acquisition, or sale of all or a portion of its assets, then your personal information and/or other information may be part of the transferred assets.

We may also disclose aggregated data (in a form that does not identify you individually) to our advisors for the purposes of conducting market and user experience analysis.

While we store the majority of the personal information that we collect from your in Australia, we may from time to time store some of the information in a computer server located in another country. We will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles.

2.4 Testimonials

We may publish customer testimonials on our website, in social media profiles, on our YouTube channel and within advertising creative material. These testimonials may contain personal information. We obtain your written consent at the time the testimonial is recorded. If you want your testimonial removed please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

2.5 Manner of collection

We will use reasonable endeavours to only collect information directly from you. If you are disclosing details of another person (for example, a minor on whose behalf you are registering), it is your sole responsibility to ensure that that person understands and consents to the collection, use and disclosure of their personal information in the manner set out in this policy.

3. INFORMATION COLLECTED BY OUR WEBSITE

3.1 Tracking of user experience

We use Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personal information you submit while on our Website. If you wish to opt out of the Google Analytics data collection, you may do so on Google's website at https://tools.google.com/dlpage/gaoptout/.

As is true of most web sites and mobile applications, we and, in some instances, our third party tracking-utility partners gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyse trends, to administer the Website, to track users' movements around the Website and to gather demographic information about our user base as a whole.

Technologies such as: cookies, beacons, tags and scripts are used by Krave Fitness and our partners (marketing and development partners), affiliates, or analytics or service providers (online customer support provider, email marketing system). These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies for authentication purposes and to tailor the site to user preferences. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

We use local storage objects (LSOs) such as HTML5 to store content information and preferences.

Third parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use LSOs such as HTML5 to collect and store information.

3.2 Advertisements

We partner with a third party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner may use cookies and Web beacons to collect information (that does not personally identify you) about your activities on the Website and other websites that you may visit to provide you targeted advertising based upon your interests.

3.3 Social Media Features

The Website includes Social Media Features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

3.4 Forums

Our Website may offer blogs or community forums that may be publicly accessible (or accessible by other users of the Website). You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

3.5 Single Sign-On

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

4. MARKETING MATERIAL

We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us, or from other service providers in partnership with us, or to invite you to continue to use our services. This information will only come from us. We will not on-sell your personal information to other providers without your consent.

You may opt out of receiving promotional materials from us at any time by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it., or by following the 'unsubscribe' link on the relevant promotional emails.

5. PROTECTING AND MAINTAINING PERSONAL INFORMATION

We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

Certain parts of the Website (such as those parts that require you to provide us with your credit card number) provides the ability for you to transmit information to our Website in an encrypted form by using secure socket layer technology (SSL). However, other parts of the Website are not protected by any form of encryption to protect information you send from your computer to us over the Internet. Further, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk. If you have any questions regarding security you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

You are solely responsible for maintaining the security of your passwords and/or any account information. We will destroy or de-identify your personal information when it is no longer needed or required to be kept by law or to provide services to you. Please note that, as you may continue to have access to your account after your service subscription expires, we will continue to retain your personal information on the Website so that you may access it. You can manually delete your personal information on the Website by accessing your account. We will also preserve the content of any email or information you submit if we believe we have a legal requirement to do so, or if any form of email abuse is suspected.

If you use our Website to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.

6. ACCESSING AND CORRECTING PERSONAL INFORMATION

It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access the information we hold about you, please submit a request to This email address is being protected from spambots. You need JavaScript enabled to view it. or by logging into your account and making the appropriate changes. If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the subscribed service.

If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law. If you know the information, we hold about you is not accurate or complete, please notify us. We will respond to requests for access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. PRIVACY CONCERNS

If you have any concerns about how we handle your personal information or require further information, please contact our Privacy Officer via This email address is being protected from spambots. You need JavaScript enabled to view it.. You can also use this contact email address if you no longer consent to receiving marketing material from us, or to the posting of your personal information on the Website.

This document represents our policy as at 01 June 2019. We may change this document from time to time to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Website prior to the change becoming effective. Although we intend to observe this policy at all times, it is not legally binding on us in any way. From time to time we may regard it as necessary or desirable to act outside the policy. We may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation. We encourage you to regularly review this policy to inform yourself of any amendments.

8. Contact Us

 

Krave Fitness

13/69 York Road,

South Penrith 2750

NSW, Australia.


Phone number: (02) 4731 8881
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.