Terms & Conditions

Terms & Conditions of Site

These Terms and Conditions are made on behalf of Naomi Ferstera Group and all references to Naomi Ferstera Group/Alpha Fitness and Education, ‘we’ or ‘us’ in these Terms and Conditions refers to Alpha Fitness and Education trading as Naomi Ferstera Group (ABN

Use of this site is subject to the following Terms & Conditions.

1.   Welcome to my website.  If you continue to browse and use this website you are agreeing to comply with and be bound by the terms and conditions of use (as amended) which together with our Privacy Policy govern Naomi Ferstera Group’s relationship with you in relation to this website.

2.   We reserve the right to update and improve the website and change these Terms and Conditions without further notice.

3.   You agree to use this site only for lawful purposes and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site.  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Copyright and Use of material on the Website

4.   You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.  You may not modify or copy the layout of the website and any computer software and code contained in the website.

5.   The copyright in this website and its content is owned by Naomi Ferstera Group or licensed to Naomi Ferstera Group.  All trademarks mentioned on this website belong to their respective owners.

6.   Naomi Ferstera Group reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided.  The material provided on the website is for personal use only and may not be:

•(a)   re-sold and/or redistributed in any material form;

•(b)  stored in any storage media; and/or

•(c)  re-transmitted in any media without our prior written consent.

Links to and from websites

7.   The website may contain links to other websites and which are not under the control of the Naomi Ferstera Group.   Any links are provided for your convenience and do not signify or imply that we endorse the site.  Naomi Ferstera Group is not responsible for the material contained on those linked sites.

8.   You may not create a link to/from this website from/to another website without our written consent.

Disclaimer

9.    The information contained in this website is for general information purposes only. While we endeavour to keep information up to date and correct, any reliance you place on the information is at your own risk.

10.  While every effort will be made to ensure that the website is kept up to date and operational, to the full extent permitted by law Naomi Ferstera Group disclaims any and all warranties, express or implied, regarding:

•(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked sites;

•(b) the uninterrupted and error free operation of the website; and

•(c) merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and/or on any linked sites.

11. In no event will Naomi Ferstera Group 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.

Privacy Policy

This Privacy Policy tells you how we collect information when you visit this site or deal with us and what we do with your personal information. At Naomi Ferstera Group, we understand the importance you attach to your personal information. As such, we shall ensure that we comply with our obligations under the Privacy Act 1988 (Cth).

If you submit information to Naomi Ferstera Group by registering as a subscriber, applying for membership, purchasing one of our products or by sending us an email, we collect that information and use it for the purposes of providing you with information or advice about our goods and/or services and for processing an order by you for our goods and/or services.

Specifically, we require your name, mailing address, email address, phone and fax number and method of payment details in order to complete an order for our goods and/or services.

We shall only disclose your personal information to third parties where the disclosure is necessary and directly related to the purposes set out above – such as our financial institution to process your order. We shall not give our customer lists to third parties for promotions independent of Alpha Fitness and Education.

Naomi Ferstera Group uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Naomi Ferstera Group only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.

Whenever you use our website, or any other web site, the computer on which the web pages are stored (the web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email to info@alphafited.com.

You do not have to provide us with the information requested; however, we will be unable to process your order should you be unwilling to do so.

To keep you up-to-date on products, services and special deals and promotions we do send occasional emails. However, in accordance with the Spam Act 2003 (Cth) we shall only send you emails with your prior consent and shall be happy to remove you from our mailing list should you no longer wish to receive our promotional information.

Terms and Conditions of Membership

1. Application for Membership

a. Any person wishing to become a member of Naomi Ferstera Group shall make an application for membership in accordance with the Application Form as amended from time to time.

b. Upon acceptance of any application for membership, the member will be advised of their acceptance, and upon payment of the annual or monthly fee and acceptance of the terms and conditions of membership, shall be accepted into the Register of Members and entitled to all privileges of membership, including provision of their unique Membership Number.

Naomi Ferstera Group retains complete discretion as to whether to accept any person for membership. Naomi Ferstera Group is not obliged to disclose reasons to an unsuccessful applicant as to why their application for membership was not accepted.

2. Qualifications of membership

a. Members will be individuals.

b. Members will be entitled to choose from 2 membership packages including:

•ii. General membership entitled to all the benefits of the General Members Package.

•iii. Professional membership entitled to all the benefits of the Professional Members Package.

3. Resignation of Membership

a. A member can cancel membership at any time without financial penalty

b. The member shall be removed from the Register of Members, their details removed from the members website, and their access to the Members Only areas of the website ceased.

5. Membership Fees

a. Membership fees are weekly and can be started and stopped at any time

b. Membership fees are non-refundable

c. A paid member can cancel their membership at any time without financial penalty

6. Membership Packages

The membership packages contain all of the benefits and privileges associated with the level of membership. While every effort is made by Naomi Ferstera Group to maintain all of the benefits, Naomi Ferstera Group reserves the right to alter the membership package offerings during the subscription year. While Naomi Ferstera Group will endeavour to replace any benefit with a benefit of equivalent value, members will not be entitled to any refund of any fee or portion of fees as a result of any change to the package.

7. Acceptance of Naomi Ferstera Group Policies

a. Naomi Ferstera Group takes its privacy obligations seriously. Upon approval for membership, you acknowledge that you have read the terms of the Privacy Policy.

b. Members agree that use of the website is governed by the Terms and Conditions of Use and you acknowledge that you have read those Terms.

8. Consent to publishing information on Naomi Ferstera Group Members Only Website (“Member Lounge”)

a. You agree that in becoming a member, you will have access to Members Only areas of the website which will have security encryption to protect against external unauthorised access. While all efforts will be made to ensure the ongoing protection, Naomi Ferstera Group shall not be liable for any breach in security outside of its control.

b. As a condition of membership, all members agree to have the following details published in the Members Directory which may be accessed by all other members (dependent on membership access level):

•i. Name

•ii. Location

c. Naomi Ferstera Group may wish to publish information from time to time featuring a new member, profiling a member, providing a testimonial, or publishing an article on or by a member. Naomi Ferstera Group will not publish any information without the prior consent of the member.

9. Interactions between members

a. Members agree to act in a manner appropriately in any interactions online.

b. Members shall be given a unique Membership Number for the period of their membership which shall entitle them to certain access on the website.

c. Members agree not to share or disclose information contained within the website with any other non-member. Breach of this condition will be considered grounds for termination of membership.

d. Members agree to not abuse or otherwise seek to take advantage of the access to other members for the purposes of sales or marketing or other promotional activities for their own ends.

10. Dispute resolution

a. Each member of Naomi Ferstera Group agrees and acknowledges that they are responsible for their own interactions with other Naomi Ferstera Group members.

b. In the event of a dispute arising regarding the conduct of another member, each member accepts that they should attempt to resolve the dispute between themselves, and if necessary, with the assistance of Naomi Ferstera Group.

11. Payment information for goods and services

a. Naomi Ferstera Group accepts payment for goods and services via PayPal, credit card, direct deposit, or invoice as listed on the order.

b. If the card payment is declined by your issuer for any reason, your membership will be suspended.

c. Prices are in Australian dollars and include GST.

d. Bookings for events are to be paid for in advance. If notice of a cancellation is received by email or telephone on or before 48 hours prior to the event date, a refund will be issued less an administration fee of $20. If notice of a cancellation is received less than 48 hours prior to an event, no refund is payable. The fees are non-transferrable to the next event.

e. If an event is cancelled or postponed, you may obtain a full refund of the ticket price, or elect to have the fee credited towards another event.

 

Customer Service Policy:

Naomi Ferstera Group is committed to providing exceptional customer service and quality products.  We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 3 business days to arrange an agreeable alternative item, a backorder or a full refund.