Terms and Conditions

In these Terms and Conditions, The DM Method will be referred to as ‘Company’ and users will be referred to as ‘You’/’Your’. The DM Method’s products and services (including, but not limited to, the use of this website) will be referred to as ‘Product/Service’.

This Website is owned and operated by The DM Method. Access to and use of this website is subject to the following terms and conditions. By using this site, you signify your assent to these terms of use.

These Terms and Conditions govern the use of all persons using the Product/Service, including without limitation, the account manager or organization who registers an account on the Product/Service (the “Account Manager”), and are binding on any use of the Product/Service, and apply to You from the time that You access the Product/Service. For clarification, “You” includes terms such as “your” and “yourself”.

Linking

If you would like to link to the Product/Service, we request that you first contact daniele@thedmmethod.com. Please indicate the URL of the page where the link will be placed. While Company encourages links to the Product/Service, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful information of any kind, including, and without limitation, any content that may be damaging or detrimental to the activities, operations, credibility or integrity of Company. Company reserves the right to prohibit or refuse to accept any link to the Product/Service. You agree to remove any link you may have to the Product/Service upon the request of Company. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Product/Service.

Copyright information

Material contained on this site is the property of Company. Any attempt to duplicate or reprint any text or graphics in any way is expressly prohibited without prior written consent.

Terms of Use of Product/Service

By accessing, viewing or otherwise using this website, including using the Product/Service, you acknowledge and agree to be bound by these Conditions of Use. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes. If you do not agree with any of the Conditions of Use, do not use this website. Please follow this link to review our Privacy Policy.

You may not use the Product/Service nor accept these Terms and Conditions if you are not of a legal age to form a binding contract with the Company. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes shall be posted on this page of www.thedmmethod.com and shall become effective immediately upon posting. Visitors to the site should periodically check for changes to these terms of use.

The information on this site is provided for informational purposes only and is not meant to substitute for the advice provided by your own healthcare professional. You should not use the information contained herein for diagnosing or treating a health problem or disease or prescribing any medication. If you have or suspect that you have a medical problem, you should promptly contact your doctor. You should consult with a qualified health professional before you begin with any exercise program.

 

You may offer to purchase goods or services described on this website for the price specified on this site. You must supply your name, email address, credit card details and any other ordering information specified on this website to enable us to process your order.

 

We will at our discretion accept or reject your offer to purchase. If we do not accept your offer to purchase the Product/Service for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We will endeavour to deliver the Product/Service to you order within a timely manner, but accept no liability for failure to do so. All prices are in Australian dollars. Prices, descriptions and specifications are subject to change without notice. Company makes no representations or warranties as to the accuracy of any information provided concerning the Product/Service on this site.

 

In order to use the Product/Service, an Account Manager must register using our registration page. You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name and e-mail address (“User ID”), allows You to access the Product/Service. The User ID and password, together with any other contact information You provide us at the time of signing up for the Product form your “Registration Information.”

You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. Company will not be liable if Company are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify daniele@thedmmethod.com as soon as possible.

You may not open an account if you are a competitor of Trainer. You agree to use the Product/Service only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.

You may use the Product/Service only for lawful purposes. You may not use the Product/Service in any manner that:

  • Breaches any applicable local, national or international law or regulation

  • Is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect

  • May in any way damage, disable, overburden, and/or impair Company, or any network connected to the Product/Service server, and/or interfere with any other party’s use or enjoyment of the Product/Service

  • Is in any way abusive, defamatory, misleading, fraudulent or otherwise explicit in nature or written in bad faith

  • Will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product

You further represent and warrant that You will not disrupt the functioning of the Website, in any manner. You agree that You are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur). You understand that when using the Product/Service, You may come across material that You find objectionable or offensive or indecent and agree that You are using the Product/Service at your own risk.

If you provide Company with feedback, Company may use such feedback to improve the Product/Service or for any other purpose. Furthermore, Company shall own such feedback and Company may use, license, distribute, reproduce and commercialize the feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such feedback to Company.

Termination of Access/Relationship to/with Company/Product/Service

These Terms and Conditions are effective on the date that You access the Product/Service and will continue to apply until our relationship with You is terminated. You may terminate Your relationship with Company by notifying Company via email at daniele@thedmmethod.com. To terminate Your relationship with Company, You must give one week's notice before Your subscription payment is due and the Product/Service provided by Company will finish on a date specified to You by Company. We may terminate our relationship with You immediately at any time and for any reason. Upon termination of our relationship, Company will immediately revoke Your license to use the Product/Service and block all access to your account, and may delete all data and information associated with your account after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the site or our termination of your access to the site.

 

Cancellation & Refund Policy

Due to the process of cancelling subscription payments, one week's notice via an email to daniele@thedmmethod.com will be needed if you choose to cancel your relationship with Company. Refunds are not given as Company works to provide the Product/Service throughout the entirety of Your relationship.

 

Third Party Links

Product/Service may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.

 

Indemnification

You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, designees and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of: your acts or omissions in connection with the site; your breach of any provision of this agreement; any allegation that any materials that you submit to us, transmit to the site or transmit through the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your violation of the rights of any third party. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.

 

Trademarks

The trademarks, service marks and logos used and displayed on this website are registered and unregistered Trademarks of Company. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website, without the written permission of Company.

 

Choice of Law & Location for Resolving Disputes

You agree that the law of the State of New South Wales, Australia governs these Conditions of Use and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.

 

Disclaimers

  • The Product/Service is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product.

  • The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communications between You and the Product/Service.

  • Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.