Terms of service

1. Introduction to the service

These Terms and Conditions govern your use of the Fitnez123 Club service, a lifestyle digital service providing regularly updated content across categories such as fitness and nutrition. The service is operated by Globway International B.V., a company registered in the Netherlands under company number 66882915, with its registered office at Spoorhaven 44-46, 2651 AV Berkel en Rodenrijs, The Netherlands. By accessing or using the service you agree to be bound by these Terms. If you do not agree to them, you must not use the service.

2. Data processing and privacy

We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.

3. Formation of your contract with us

By registering for a subscription you confirm that:

• You have the legal capacity to enter into a binding agreement and are at least eighteen (18) years of age.
• You accept responsibility for all charges and costs arising from your use of the service, including those relating to products and services provided by third-party partners.
• All information you provide during registration is complete, accurate and not misleading.
• Your use of the service is limited to legitimate personal purposes. Commercial, business or public use is prohibited.
• You will not share your login credentials with any other person or entity.
• You will not use materials, content or data from the service for advertising, marketing or promotional purposes.

4. Subscription activation and management

Your subscription begins when registration is completed successfully. Registration requires a valid payment method, which may be PayPal, Apple Pay, Google Pay or a credit card. Once your subscription is active we send a confirmation email setting out its parameters and inclusions.

5. Pricing and payment terms

The subscription rate is $11.99 per week in Australian dollars, GST included, and is confirmed in the confirmation email issued after registration. Following any applicable trial period, your first payment is taken on registration. A recurring fee, as stated at the time of purchase, is then charged on the same day of each billing period until you cancel.

Your subscription renews automatically each week. Automated payments are non-refundable once processed, save as set out in clause 10. We may revise our pricing at any time. If we propose an increase we will notify you by email confirming the new fee at least thirty (30) days before it applies.

If a fee remains unpaid we may restrict access until your account is up to date. Where a billing attempt fails we will make further attempts for up to ninety (90) days, after which the subscription may be cancelled. Where repeated attempts fail we reserve the right to refer the account and any amounts owed to a third-party recovery agency and to recover reasonable costs incurred in doing so.

For subscriptions processed via Apple Pay, Google Pay or PayPal, payment may in some cases be collected before its scheduled due date, so please ensure your account holds sufficient funds. All payment transactions meet PCI compliance standards and we do not store your card details. You are responsible for notifying us promptly of any change to your payment method.

6. Disclaimers and limitations

All rights in the service are reserved. Information on this website is provided for reference. While we take care to ensure it is accurate, reliable and complete, we give no warranty or representation, express or implied, and accept no responsibility for its accuracy, completeness, reliability or suitability beyond what is expressly incorporated into the written terms of our contract.

We disclaim liability for loss or damage arising from an inaccuracy or omission in information you provide, or from decisions taken before using any product or service. Where the service links to external sites provided by third parties, those links are for convenience only; we do not control them and accept no responsibility for them.

We accept no responsibility for system or network errors or other matters beyond our reasonable control that disrupt access to the service, nor for loss or injury incurred as a direct or indirect result of participation in any exercise programme offered through the service. Nutritional information is provided for informational purposes; recipes may not have been formally tested by or on behalf of us, and we give no assurances as to their originality, efficacy, quality or safety.

7. Account holder responsibilities

• You will not download, use or copy service materials except as permitted by these Terms.
• You will not use the service for any business, commercial or public purpose.
• You will not misuse the service or introduce viruses, trojans, worms, logic bombs or other malicious or technologically harmful material.

8. Promotional activities

We may run promotions in connection with the service, which may include trial periods, reduced subscription prices, prize draws and free products from promoted brands, subject to registration. Where a promotion is in effect, additional rules apply to it in addition to these Terms.

9. Limitation of our liability

This clause is subject to clause 14. Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded, including under the Australian Consumer Law. Subject to that, our total aggregate liability to you is limited to one billing period's subscription fee. We are not liable for indirect or consequential loss, including loss of or corruption to data, systems or equipment, or the acts of third parties affecting use of the service.

10. Cancellations and refunds

You may cancel at any time by:

• Email: contact@fitnez123club.com
• Online: your account settings, using the ‘cancel account’ option

Cancellation takes effect at the end of your current billing period.

If you cancel within fourteen (14) days of the day after your registration date (the ‘cooling-off’ period) you are entitled to a full refund. We do not offer pro-rated or other refunds for the remainder of a term after that period. You may cancel future payments at any time, but payments processed before cancellation are not refunded.

Refunds outside the cooling-off period are granted at our discretion. We reserve the right to withdraw a discretionary refund where a dispute is raised with your payment provider. All chargeback requests are investigated and reviewed; where a valid contract is established the chargeback will be disputed, and repeated misuse may result in refusal of further subscriptions.

11. Fair usage

Where we reasonably believe the service is being misused by you or a connected third party, we may issue a warning. In serious cases we reserve the right to refuse and cancel subscriptions where misuse is excessive and threatens the integrity or operational stability of the service.

12. Complaints

We take complaints seriously and aim to resolve them promptly and fairly. Our staff will be courteous at all times and we expect the same in return, and we reserve the right to end any correspondence that becomes abusive or threatening. To complain, contact us by email at contact@fitnez123club.com or by post at Spoorhaven 44-46, 2651 AV Berkel en Rodenrijs, The Netherlands. Information received in connection with a complaint is used solely to investigate and respond to it. We aim to resolve complaints within ten (10) working days.

13. General

• Assignment: the contract may not be assigned without our prior written consent.
• Amendments: this agreement may not be amended except with the written approval of each party.
• Intellectual property: all intellectual property rights in our material remain our exclusive property and may not be used, distributed, disclosed or licensed without our prior written permission.
• Governing law: these Terms are governed by the laws of the Netherlands. Nothing in this clause deprives you of the protection of any mandatory consumer law of the country in which you are resident, and Australian members retain the rights set out in clause 14 and may bring proceedings in Australia.

14. Australian consumers

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

For a major failure with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

Where our liability may lawfully be limited, it is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

The fourteen (14) day cooling-off period described in clause 10 is a contractual right we offer in addition to, and not instead of, your rights under the Australian Consumer Law.

15. Pricing, GST and currency

All prices are shown in Australian dollars and include GST where it applies. The amount charged to your payment method is the amount shown at checkout and confirmed in your registration email. If your payment method is denominated in another currency, your provider may apply its own conversion rate and fees, over which we have no control.