These Terms of Use and Privacy Policy apply to:
www.stackedfitness.com.au
https://courses.stackedfitness.com.au
https://stackedfitnessstore.etsy.com
https://stackedfitnessshop.myshopify.com

Terms of Use
Stacked Fitness Pty Ltd maintains this website and all courses, books and products hosted herein (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms.  Please read the terms carefully before using the Site. Use of this website and checking the ‘agree to terms’ box upon your enrolment indicates your acceptance of these “Terms of Use” and forms a binding agreement between you and Stacked Fitness Pty Ltd. If you do not agree to these terms, do not use this Site.

Use of Site

Stacked Fitness Pty Ltd provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Stacked Fitness Pty Ltd authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

2. Enrolment
By accepting these terms you agree to pay the full fee for the Course/Product that you have enrolled in You agree to pay the full amount of the Course fees even if you do not complete the Course. If the participant is under 18, the parent/guardian is responsible for the payment of the Course Fees. The approximate duration of the Course and the duration of access is stated on the course information page - you agree that you have read and understand your access periods.  You are aware that this is not accredited/certified training.

3.  Refunds, Chargebacks and Cancellations
Stacked Fitness Pty Ltd/James Stackhouse complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the course that you chose to enrol into. However, while course fees are non-refundable, students may have extenuating circumstances* that started/occurred since enrollment that prevented them from undertaking their course. 

3.1: Self-Study Online Courses
Where evidence can be successfully provided to support the student’s extenuating circumstances (by email to [email protected]), course fees may be refunded or partially refunded as per the following:

• 100% within 7 days of enrollment if less than 10% of the course has been accessed/consumed.

• 50% within 14 days of enrollment if less than 10% of the course has been accessed/consumed.

• 25% within 30 days of enrollment if less than 10% of the course has been accessed/consumed.
  Refunds are not issued after 30 days of enrollment.
  Refunds are not issued if more than 10% of the course has been accessed/consumed.
  

Where you are enrolled in a subscription membership, by accepting these terms, you agree that you have read and understood that you are able to cancel your subscription membership at any time, by logging into your own account at https://courses.stackedfitness.com.au clicking on ‘My Account’, clicking on memberships and cancelling your membership.  

3.2: Membership Academy
No refunds are given on membership subscriptions as you pay for access to the content, not consumption of the content; and are free to cancel your membership access at any time as per these instructions.  

3.3: Services A separate Services
Agreement is provided in advance of any of our ‘done-for-you services commencing. The Services Agreement contains the Terms regarding refunds and project cancellations.  

3.4: Chargebacks and Disputes Any chargebacks and dispute fees made through PayPal, Stripe, bank or other means will be appealed against you as per the Terms of Use that you agree to herein, along with a screenshot of your agreement to these upon your digital enrolment.

*Examples of extenuating circumstances which MIGHT be considered valid:

• Your own health problems, including major accident or injury, acute ailments, hospitalisation (including for operations), or those affecting a significant period of study. (Medical certificate required)

• Personal or psychological problems for which you are receiving counselling, or have been referred to a counsellor or similarly qualified practitioner. (Referral/treatment evidence required)

• Clinical depression or other significant mental health issue. (Medical certificate required)

• Pregnancy-related conditions and childbirth (including a partner in labour). (Medical certificate required)

• Bereavement causing significant impact. (Medical or counselling certificate required)

• Separation or divorce of yourself or your parents. (Legal documentation required)

• Recent burglary, theft or serious car accident. (Police report required)

  • Jury service which cannot be deferred. (Notice of jury service required)

  • A significant change to your financial circumstances such as being made redundant from employment, gone into administration or filed for bankruptcy (evidence required)

    
    4. Geographic Location & Applicable Law
    Stacked Fitness Pty Ltd is a legally registered company in Australia.  You may access your content from any country, however the Terms of Use are governed by the laws of the State of New South Wales, Australia. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Stacked Fitness Pty Ltd may assign its rights and duties under the Terms of Use without notice to any party at any time.

    
    5. Trademark and Copyright
    Stacked Fitness Pty Ltd, and certain other brands, trademarks, and service marks are marks of Stacked Fitness Pty Ltd and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws. The content of the books, online Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of Stacked Fitness Pty Ltd and James Stackhouse. You may not reproduce any part of the online Course Materials without the prior written consent of Stacked Fitness Pty Ltd and James Stackhouse.

    
    6. Affiliations & Hyperlinks
    Links to external websites are provided solely as a convenience to you. Stacked Fitness Pty Ltd has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.  

    7. No Warranty
    The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Stacked Fitness Pty Ltd further does not warrant the accuracy and completeness of the Materials at this Site. Stacked Fitness Pty Ltd may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Stacked Fitness Pty Ltd makes no commitment to update the Materials at this Site.

8. Limitation of Liability In no event will Stacked Fitness Pty Ltd, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.  

9. Effective Date and Updates
The Terms are effective as of 1st January 2024 and are subject to change without notice by Stacked Fitness Pty Ltd at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

Privacy Policy
Stacked Fitness Pty Ltd respects your privacy. We do not collect personally identifiable information about you unless you voluntarily provide it, such as when you provide email contact information to subscribe to the Stacked Fitness Pty Ltd email list newsletter, send feedback to Stacked Fitness Pty Ltd, register for one of Stacked Fitness Pty Ltd courses or respond to a survey.   

If you voluntarily provide your email address or other contact information, we might also use it to inform you of changes to Stacked Fitness Pty Ltd to survey you about your use or opinion of Stacked Fitness Pty Ltd or to ask for your support. You can unsubscribe at any time via a link at the bottom of
emails you receive from us.  At your request, we will also remove your contact information from our files entirely.  

We do not make your contact information or any other personally identifiable information available to anyone outside Stacked Fitness Pty Ltd or its service providers (who use the information only for authorized Stacked Fitness Pty Ltd purposes) unless we are legally required to do so.  

In addition to the above, we collect certain anonymous (non-personally identifiable) information to help us improve the Stacked Fitness Pty Ltd Sites and to evaluate the access and use of Stacked Fitness Pty Ltd materials and the impact of Stacked Fitness Pty Ltd on the worldwide educational community.  

We collect information you provide about your use of and satisfaction with Stacked Fitness Pty Ltd, through email you send us, through the Stacked Fitness Pty Ltd feedback forms, and through Stacked Fitness Pty Ltd surveys, whether or not you voluntarily include your contact information. We may use web analysis tools that are built into the Stacked Fitness Pty Ltd Sites to measure and collect anonymous session information.  

We also use “cookies” to improve your Stacked Fitness Pty Ltd Sites experience and to collect anonymous information about how you use Stacked Fitness Pty Ltd. However, cookies are not required for Stacked Fitness Pty Ltd use. If your browser is configured not to accept cookies, you will still be able to access Stacked Fitness Pty Ltd and its content.  

When we report information about Stacked Fitness Pty Ltd access, use, and impact, we report aggregate, non-personally identifiable data. Occasionally, we report quoted feedback from users.  We do not attribute feedback to specific individuals unless we obtain permission to use that person’s name along with the feedback.  

These Terms of Use and Privacy Policy apply to:
www.stackedfitness.com.au
https://courses.stackedfitness.com.au
https://stackedfitnessstore.etsy.com
https://stackedfitnessshop.myshopify.com