Copyright 2014. This material is not to be copied, transferred or otherwise produced or re-purposed without the express prior written permission from Stronger Hearts. Please read and comply with the conditions of the Program prior to using the program and remember that this program is for your personal use only.
We agree we will only use this for the RACS number it was purchased for. We maintain the right to denied access to individuals and organizations if usage is higher than anticipated for a single RACS user.
Conditions of use of the Program
Prior to beginning this exercise program it is important that you consult with your health care professional and advise your health care professional that you intend to use this program. You should obtain a clearance from your health care professional to participate in this program. You should seek medical attention IMMEDIATELY if there are any changes to your physical condition or health at any time. If you begin to feel short of breath, or suffer any pain or abnormal symptoms STOP YOUR WORKOUT IMMEDIATELY AND CONSULT A MEDICAL PROFESSIONAL. No information or instructions given in this program are intended to be used as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any medical conditions (including any mental health conditions) or for any therapeutic purposes. Before relying on information or instructions in the program you should evaluate the accuracy and relevance of the information and/or instructions for the purpose and obtain appropriate professional medical advice. You must consult a qualified health care professional if you have any questions concerning your medical condition or injury.
It is recommended you wear appropriate and/or proper workout attire whilst participating in the program. A strong-armed sturdy chair is required for the program. Stronger Hearts will not be held liable for any damage caused due to the use of an unsuitable or inappropriate chair. You should obtain advice from your health care professional as to a suitable and appropriate chair to use. It is recommended walkers or push trolleys be in easy access. It is recommended a pillow be used behind the back if participant’s feet do not reach the floor during the exercises.
Stronger Hearts will not be held liable for any damage, defect and/or failure of equipment provided with the program. You should notify the manufacturer of the equipment of any damage, defect and/or failure of equipment provided with the program. Stronger Hearts will not be held liable for any injury caused by the use of the equipment provided. You should notify the manufacturer of the equipment of any damage, defect and/or failure of equipment provided with the program causing injury or loss. The equipment provided with the program is intended for use only for the activity described in the program. Products should be used under appropriate supervision and after consultation with your medical professional. We reserve the right to modify or change the equipment provided with the program at any time.
All information provided to you by the program is provided in good faith. The program has derived its information from sources which we believe to be accurate and up to date as at the time of publication. To the extent permitted by law, we do not make any representations or warranties that any information provided is reliable, accurate or complete and we make no guarantees of any specific result from the use of this program 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 through the program. The information and or instructions provided are not professional medical advice, diagnosis, treatment or rehabilitation.
You may 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 the program. You are responsible to make your own enquiries and seek independent advice from a health care professional before acting on any information or material made available to you through the program. The information and/or instructions may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified medical or health professional. If you are one of the following classes of persons, you should first consult a healthcare professional before following any exercise programs or using any of the information provided by the program:
- Pregnant women and women who are breastfeeding or who are trying to conceive a child;
- Elderly persons;
- Persons with any ongoing physical condition such as:
- Persons suffering from cancer or other long term illness;
- Persons with liver disease, kidney disease, or renal failure;
- Persons with eating disorders;
- Persons with diabetes;
- Persons with blood pressure or cholesterol issues;
- Persons recovering from or recently recovered from illness or injury; and
- Persons with low body mass index.
You acknowledge that the program 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. 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 (Cth) or any State or Territory Civil Liability or Consumer Protection legislation), you acknowledge that your participation in the program, recreational services and activities may involve risks, including personal injury and death and you accept those risks. Prior to participating in the program, recreational services and/or 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 or the program, 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 do 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.
To the maximum extent permitted by law, we exclude all liability arising from or in connection with the program any recreational services or activities for:
- Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- The contraction, aggravation or acceleration of a disease; and
- 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:
- That is or may be harmful or disadvantageous to you or the community; or
- That may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
To the extent permitted 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 program or your reliance on any information obtained through the program, 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.
To the extent permitted by law, any condition, or warranty which would otherwise by implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- 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
- If the breach relates to services, re-supplying, or paying the cost or re-supplying, those services.
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 monies paid by you for this program 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.
You agree to indemnify us and our employees, agents, subcontractors, creators, participants, producers, and distributors, 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 program.