WHY?

Yep, So the lawyers have said we need to add a disclaimer, but why did we have to do this? Well simply put he explained that even though we have some wonderful members and clients using our services every day who are succeeding and reaching for the stars, we are going to get a few who will slip through the cracks.

Some trainers who won't take action.
The trainers who blame everyone else around them.
Some real A-holes who that are given every opportunity to be successful but self-sabotage themselves, and somehow it becomes the fault of someone other than themselves.

He also explained that some people are just scared shitless when given the opportunity to be there own business, so scared that they will even use the material but never follow it 100%, which mean something goes wrong.

He explained it as posting a letter to someone but deliberately not putting any address on it, then blaming the post office for not delivering your letter.

DISCLAIMER, TERMS & CONDITIONS

SmarterPT DISCLAIMER, TERMS AND CONDITIONS - The information contained in this website is for general information purposes only. The information is provided by; 'us' / 'we' (SmarterPT, Joshua Haswell, Affiliates, Directors, Co-founders, Licenced Software, Associates, Associates and their individual training)

All publications, documents, audio, videos and downloads fall under ‘Members Only’, 'Free Members' or 'General' content which is bound by the same rules, guidelines and disclaimers that were accepted when joining any free, paid or past membership under the SmarterPT agreement.

No part of this publication, website, content or systems may be reproduced, stored in a retrieval system, or transmitted in any form by any means – electronic, mechanical, digital photocopy, recording, or any other method without the prior permission.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

In no event under any circumstances, in the past, present or future will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Through this website, you are able to link to other websites which are not under the control of SmarterPT. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

You acknowledge that such and all information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, ideas and techniques. We do not position this product as a “get rich scheme” or "overnight success". Action and implementation of the systems, software, material and strategies don't guarantee earnings of what other trainers have accomplished in the past, present or future.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

TERMS OF SERVICE

TERMS OF SERVICE

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OVERVIEW

This website is operated by SmarterPT. Throughout the site, the terms “we”, “us” and “our” refer to SmarterPT. SmarterPT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store, site or membership shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Exclusive Use. Your account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SmarterPT is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

TRIAL MEMBERSHIP - 2 WEEK or 14 DAY TRAIL MEMBERSHIP OFFERS

 

By submitting, pressing or processing this $1, 14-day initial trial membership on www.smarterpt.com, You understand that when you press 'Submit Form' That you agree and accept all the terms and conditions set out above, below and in the full terms and conditions outlined in the document. You understand that immediately after 14-days have passed, your weekly membership will automatically change to the full membership price and continue at the set price of the agreed membership you initially signed up on, ongoing, until further notice. You understand everything and agree to purchase a Pro-SmarterPT membership.

Current weekly pricing for the Pro-SmarterPT membership as of 18.03.2017 is $15 AUD per week.

You understand that we have structured this membership to provide constant access to the coaching, the systems, strategies and everything written we will offer. We know that if you follow the action steps of integration, you're going to love it and you'll see an immediate impact on your business, with more clients, sessions, and more value that you can provide.

Proceed if you are ready to become a member TODAY, and also ready to immediately impact your business, and take your fitness business to the next level!

SECTION 1 - ONLINE MEMBERSHIP TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

You also agree that you have the minimum requirements, insurance and or qualifications to be prescribing exercise or to be running and exercise, personal training or fitness business.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. You will be notified of changes if they alter or change you weekly cost and charges associated with your membership or services.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Though the colours might be displayed differently this will not affect or alter the membership effectiveness.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel memberships, services or products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or persons trying to trick or mislead.

You agree to provide current, complete and accurate purchase and account information for all purchases made and all memberships purchased on our websites or our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Accounts, memberships or payments that go without payment for more than 14 days will prompt SmarterPT to cancel and stop all services, free or paid, to be stopped that can affect your current members and customers reliant on use of these services.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store, payment gateways or membership is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SmarterPT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SmarterPT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, we require notification to be in email to help@smarterpt.com about your wish to cease using our site, membership and services after. All cancellations of membership are subjected to a total of 4 weeks or 28-days’ notice period at which at the end your membership will be cancelled. This notice period excludes the 14-day trial period at which you are entitled to cease your membership with smarter PT within the 14-day period. Outside of this 14-day period a minimum of 4 weeks or 28-days notice applies.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of SmarterPT Australia www.smarterpt.com, www.smarterpt.com.au

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - Risk Assumption and Precautions.

YOU HEREBY ACKNOWLEDGE THAT YOU, NOT SMARTERPT from WWW.SMARTERPT.COM OR OTHER DOMAINS THAT INCLUDE OR ARE ASSOCIATED WITH SMARTERPT.COM OR PROVIDED OR LINKED TO OR BY SMARTERPT.COM. YOU AGREE AND ARE TOTALLY PERSONALLY RESPONSIBLE FOR THE CONTENT OF ALL EXERCISES PROGRAMS, ASSESSMENTS, COACHING ETC USED BY YOUR CLIENTS OR CUSTOMERS.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PHYSICAL EXERCISE IS INHERENTLY DANGEROUS AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY AND PROPERTY LOSS.

YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL THE RISK OF YOUR CLIENTS USING SMARTERPT OR ANY 3RD PARTY APPLICATIONS, SOFTWARE, INCLUDING BUT NOT LIMITED TO APPLICATIONS, KNOWLEDGE, ARTICLES, BLOGS, RECIPES, EXERCISE PLANS, MEAL PLANS, SOFTWARE OR PROGRAMS PROVIDED OR THAT IS LINKED TO FROM SMARTERPT.COM.

YOU ARE RESPONSIBLE FOR ASSURING THAT ANYTHING YOU ASK OR RECCOMEND YOUR CLIENTS TO DO IS SAFE AND APPROPRIATE FOR THAT CLIENT. YOU ARE RESPONSIBLE FOR REVIEWING ANY VIDEOS, INSTRUCTIONS OR OTHER CONTENT PROVIDED BT SMARTERPT.COM BEFORE MAKING IT AVAILABLE TO YOUR CLIENTS TO ENSURE IT IS CORRECT, SAFE AND SUITABLE FOR YOUR CLIENTS. ANYTHING THAT YOU PROVIDE ACCESS TO OR THAT IS LINKED OR PROVIDED BY YOU TO YOUR CLIENTS IS DONE SO AT YOUR OWN RISK.

SECTION 21 – CONTENT SOLD

You acknowledge that you are entirely responsible for the content, quality and suitability of any content you sell via SMARTERPT OR THEIR 3RD PARTY APPLICATION, SOFTWARE PROGRAMS AND SERVICES INCLUDING BUT NOT LIMITED TO DOTFIT AND OTHER SOFTWARE. You agree not to attempt to sell any content that does not fit the sales description you have provided or are in any other way not fit for purpose or do not meet the expectations of the customer.

 

SECTION 22 – COACHING AND MENTORING CALLS

You agree that after each coaching call you accept your recurring coaching call via, skype, mobile, phone or online service. Each coaching call requires 48-hours notice if rescheduling, or if you are unable to make the call. All efforts will be made by SmarterPT and their coaches to make all calls on time. Notice will be given to all coaching members including those mentoring if their coaches will be traveling or specific times they will be unavailable including but not limited to business issues or other personal factors that can’t be foreseen.

In the event a coaching call is missed, unattended or not made due to technical difficulties, delays, time zone errors, unexpected events or unforeseen circumstance, smarterPT will make all efforts to rectify a new time and date that works for both parties. All coaching calls are limited to 30 minutes. All coaching calls are as of either 1 to 30 minutes in time, regardless of time spend on the call or session this is classified as 1 call. This time can’t be banked, reused or refunded in anyway.

Clients that miss coaching calls or sessions on a consistence basis can’t apply to bank or have multiple sessions to make up missed session or time not coaching. SmarterPT reserves the right to stop and downgrade mentoring memberships to a standard membership not including mentoring. The membership cost will be of that at the time of downgrade and not the cost when initially signing or joining.

 

SECTION 23 – PT SOFTWARE

When joining the smarterPT membership or any associated programs that include a free membership to the PT software, is that of the intention that the software is included as a bundled package into any membership that we offer. WE will not downgrade, reduce or offer special deals to access just the PT software that we offer as the coaching and mentoring packages as a whole require the PT software. We may choose to discontinue and use other PT software companies in the future.

All members and users of SMARTERPT will be required by law and the specific terms of service, conditions, and conditions of use of the specific PT software platform to be accepted and to be used in accordance with their agreeable terms and conditions before use and implementation into your business or personal use.

You can not sell or distribute access to other trainers, members, business company or someone who is not legally bound by the terms or conditions to access the service.

The terms and conditions adds to the primary terms and conditions from the PT software.

All access to the PT software, may and will be limited to certain sections depending on your membership, location and packages you signed up on.

Certificates and extra training such as CEC’s or CEU’s can be obtained under the special agreement that SmarterPT has obtained. This will and can be purchased at an extra cost. Costing is approximate $150AUD depending on conversions from USD to AUD.

You agree that a fair use policy will be in place for the amount and number of members you can enrol into the program under your unique membership. We make availabl 40 spots under your initial membership that can be upgraded at any time. The membership we implemented with the PT software provider is under a fair use policy and therefore provides all users with unlimited membership spots. SmarterPT reserves the rights to stop, change and force upgrades to membership when they reach a threshold or initial spots allocated. SmarterPT suggests that all memberships and spots that you make available under your membership to be paid. Extra spots and membership block can be allocated at $15AUD for per additional 10 spots needed, which we believe is fair.

Membership that has above 100 spots or member enrolled active or inactive will be required to discuss ‘Agency’ options with SmarterPT. Other advanced options can be Gym branding and integrations, logo swaps, CSS styling changes and unique URL placeholders. All these options are at additional cost including increasing of weekly fee and upfront developer costs.

SECTION 22 - CONTACT INFORMATION.

Questions about the Terms of Service should be sent to us at help@smarterpt.com.

SECTION 23 – REVISION DATE
This Agreement was last revised on 30 OCTOBER 2016.