Terms of service/terms & Conditions

Welcome to Uvolve!

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These terms and conditions outline the rules and regulations for the use of Uvolve Pty Ltd's Website and membership/subscription service, located at https://www.uvolve.com.au/.

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By accessing this website and submitting our checkboxes we assume you accept these terms and conditions. Do not continue to use Uvolve if you do not agree to take all of the terms and conditions stated on this page.

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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person who logs on to this website and is compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

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Subscription

By subscribing to our Service, you agree to pay the recurring fees as set forth in our pricing plan. The Service is an ongoing subscription that will continue automatically after the initial minimum term stated upon signup. You can choose to subscribe to our service based on specific billing periods, options include monthly and fortnightly and the applicable fees are set forth on our website payment gateway or checkout page.

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Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

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We reserve the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

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You acknowledge that upon purchase of any subscription, your "trial" (trial) or "# days free" (days free) displayed on our payment gateway portal, may be altered to accommodate for your agreed start date. This allows us to delay transactions until your start date. 

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Minimum Subscription Period

If you have signed up for our subscription, it is mandatory that you commit to a minimum of 8 weeks (Minimum Period). During this period you will not be eligible for a subscription termination/cancellation due to a change of mind. For the avoidance of doubt, this clause will not apply to users who can provide sufficient medical reasoning with a medical certificate or letter from a practising medical professional that they are unable to continue with a subscription. For the avoidance of doubt, if you cancel your subscription within the Minimum Period, the full fee for a total of 8 weeks will be payable by you.

 

Communication and Service Provision:

The service provided by Uvolve encompasses access to our app and website resources, including personalised coaching features. It is essential to note that a significant aspect of this service involves communication between you and your assigned coach via direct messenger through the Uvolve App or email during check-in weeks.

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While our coaches make diligent efforts to engage with you, your response or lack thereof to communication attempts does not constitute a failure on our part to provide the service. The nature of our service involves proactive communication to enhance your experience and progress; however, we recognize that individual circumstances may affect responsiveness.

We encourage open and timely communication because your coach may reach out to you for updates, guidance, and support. It is important to understand that a lack of response from you does not diminish the quality or completeness of the service provided.

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Should you have specific preferences or limitations regarding communication frequency or methods, we encourage you to communicate these preferences to your coach or our support team. We are committed to tailoring our services to accommodate individual needs within the scope of our offerings.

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By continuing to use our services, you acknowledge and understand that our commitment to communication is aimed at enhancing your experience and progress. The absence of a response from you to communication attempts will not be construed as a failure on our part to fulfil the service obligations outlined in these terms and conditions.

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Payment Details
Fees for your subscription are paid by Direct Debit using a valid debit or credit card. Payments are collected via integration with third-party payment provider Stripe (https://stripe.com/legal/end-users) in accordance with the payment schedule assigned to your subscription.

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Setting Up a Valid Payment Method
When you purchase a subscription you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by updating your valid card details through your customer billing portal (billing.uvolve.com.au).

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Foreign Currency & International Fees
Your subscription is payable in Australian Dollars (AUD), the price of your subscription may differ depending on your country of residence, this will vary due to exchange rates at the time of payment collection.

Certain banks and credit card issuers may charge a foreign transaction fee on transactions. You are responsible for paying any such fees.

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Direct Debit

By accepting these terms, you:

• request and authorise us to debit funds from your provided card; 

• confirm that you are authorised to operate the nominated card; 

• acknowledge and agree that the debit or charge will be processed by Uvolve’s financial institution and Payment processing provider (Stripe); and

• acknowledge that the amount to be debited consists of possible transaction fees from certain banks and credit cards.

 

If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

 

We may vary any details related to your direct debit at any time by giving you written notice. 

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Automatic Renewal of Subscription

Your subscription will automatically renew unless your cancellation is confirmed before your next billing date. You acknowledge that should you fail to cancel your subscription prior to the end of the current billing period, you risk the next direct debit being taken which we will not be obligated to refund.

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If you have signed up for our subscription, you acknowledge that once the minimum term has been met, your account will continue to be debited each week until cancellation is confirmed.

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Nutrition Coaching Add-On 

If you have signed up for nutrition coaching as an add-on to your current fitness challenge, please be aware that refunds for this specific service are subject to different terms and conditions. Unless there is a medical reason that prevents you from continuing with nutrition coaching, refunds for this service will not be issued. To be eligible for a refund due to medical reasons, you must provide a valid medical certificate or a letter from a practising medical professional that clearly states the medical condition or circumstances preventing your participation in the nutrition coaching program.

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Please note that this refund policy is specific to nutrition coaching add-ons and may not apply to other components or subscriptions within our service. Refunds are also subject to our general refund policies as outlined in these terms and conditions below. By continuing with the nutrition coaching add-on, you acknowledge and agree to these refund terms, including the requirement for medical documentation in refund requests.

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Cancellation and Refund of Subscription Fees

You may submit a cancellation notice at any time via email. Any applicable minimum terms (for example, the 8-week minimum term) must be met before this cancellation is actioned. You will still be entitled to access the subscription services for the remainder of the duration that you have paid for.

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Once your subscription has been cancelled and your final billing date has passed, you will no longer have access to the features of the Uvolve App or web portal.  To the maximum extent permitted by law, the subscription fee is non-refundable without approval from our management. You are responsible for all taxes, levies, or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. Refunds of the subscription fee are otherwise non-refundable for change of mind circumstances.

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You acknowledge that all relevant information in respect of our service (including the 1x example meal plan provided) is clearly and transparently expressed on our coaching information and/or website. Refunds will not be provided where you have misunderstood information that is expressly provided on our coaching information and/or our website. Additionally, refunds will not be granted for any portion of your subscription period, regardless of whether you have actively or inactively utilized the service, including instances of overdue payments. By subscribing to our service, you accept these terms and acknowledge that refunds are not contingent upon the extent of service usage during the subscription period.

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Sales and Promotional Offers with Uvolve

From time to time, Uvolve Pty Ltd may offer special sales and promotional offers that include coaching services. These offers may be subject to unique terms and conditions, which will be specified and communicated to customers upon their inquiry.

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Please note that subscriptions purchased during these sales or promotional offers are considered final and non-refundable. By taking advantage of these offers, you acknowledge and accept that no refunds will be provided for sale subscriptions.

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It is essential to carefully review and understand the terms and conditions associated with any sales or promotional offers before making a purchase. If you have any questions or require clarification regarding the terms of a specific offer, please do not hesitate to contact us at hello@uvolve.com.au for assistance.

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By proceeding with the purchase of a sale subscription, you agree to abide by the terms and conditions outlined in the offer and acknowledge that no refunds will be granted for such subscriptions.

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Please keep in mind that these terms may vary depending on the specific details of each sale or promotional offer. Therefore, it is crucial for customers to review the terms communicated in response to their inquiry or as presented on our website before completing their purchase.

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Payment Queries

You should check your bank account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by emailing us at hello@uvolve.com.au

Alternatively, you can contact your financial institution for assistance.

 

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing. 

 

You should check:

• with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;

• your account details which you have provided to us are correct by checking them against a recent account statement;

• and with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

 

Failure to Pay

If any payment is not made in accordance with these Terms, we may (at our absolute discretion) immediately cease providing you with access to the Platform and recover, as a debt due and immediately payable from you, and our additional costs of doing so. In the event of a failed payment, our system may automatically initiate payment retries until the outstanding amount is successfully collected. Please note that this automatic payment retry process is in place to help ensure uninterrupted access to our services.

If your subscription-based membership account fees falls in arrears, including services that have cancelled but still have subscription fees owing, the following actions will be taken:

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1. When an account becomes in arrears, a notice will be issued reminding the client of the monies due.

2. If payment/s is not received, services may be suspended.

3. If after 3 (three) weeks, payment/s due has still not been received, the service may be cancelled, and Uvolve will commence debt recovery procedures. Please be aware that in such cases, you, the client, will be responsible for any additional fees or services incurred by Uvolve through the involvement of a debt collection agency.

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Cookies

We employ the use of cookies. By accessing Uvolve, you agree to use cookies in agreement with Uvolve Pty Ltd's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

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License

Unless otherwise stated, Uvolve Pty Ltd and/or its licensors own the intellectual property rights for all material on Uvolve. All intellectual property rights are reserved. You may access this from Uvolve for your own personal use subjected to restrictions set in these terms and conditions.

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You must not:

• Republish material from Uvolve

• Sell, rent or sub-license material from Uvolve

• Reproduce, duplicate or copy material from Uvolve

• Redistribute content from Uvolve

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This Agreement shall begin on the date hereof. 

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Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Uvolve Pty Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Uvolve Pty Ltd, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Uvolve Pty Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

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Uvolve Pty Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.

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You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Uvolve Pty Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

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Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

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These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

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We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

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We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Uvolve Pty Ltd; and (d) the link is in the context of general resource information.

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These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

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If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Uvolve Pty Ltd. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

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Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

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No use of Uvolve Pty Ltd's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

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Without prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our Website.

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Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

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Your Privacy

Please read our Privacy Policy

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Use of User Content for Marketing Purposes

By logging into our app and using our services, you acknowledge and agree that Uvolve Pty Ltd has the right to use any content uploaded by you for marketing purposes. This includes but is not limited to, photos, body weight, body measurements, and other relevant information related to your progress or achievements while using the app.

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Uvolve may utilize this content in various marketing materials, such as social media posts, website content, advertisements, or other promotional materials. However, we assure you that we will not disclose or advertise any personal information that could compromise your privacy, such as phone numbers, addresses, or sensitive details.

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In the marketing materials, we may choose to display your first name only, along with your age and state (location). This information will be used solely to provide context and showcase the effectiveness of our services to other users or potential customers.

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Please note that by logging into our app and uploading content, you grant Uvolve Pty Ltd a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for marketing purposes. You retain all ownership rights to your content, and this license does not transfer any ownership rights to Uvolve Pty Ltd.

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If you have any concerns regarding the use of your content for marketing purposes, please contact us at hello@uvolve.com.au to discuss potential restrictions or limitations. We are committed to maintaining your privacy and respecting your preferences regarding the usage of your content.

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Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately removing all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

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Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

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Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

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The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

 

As long as the website and the information on the website are provided free of charge, we will not be liable for any loss or damage of any nature.