loader image

Terms and Conditions

Website Terms of Use

These Terms of Use (“Terms“) govern your use of our website located at www.sammmyactive.com (“Site“) and the Sammmy Active 30 Day Program (“the Program”) and form a binding contractual agreement between you, the user of the Site and us, Loose Fit Pty Ltd ACN 113 311 345.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@sammmyactive.com

By using the Site and the Program you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site or purchase or join the Program.

  1. Licence to use Site and Program

1.1/ We grant you a non-exclusive, non-commercial, worldwide, non-transferable, revocable licence to use the Site and access the Program in accordance with the terms and conditions set out in this Agreement for a term of ninety (90) days (“the Term”). Payment for the use of the Site and Program for the duration of the Term must be made by credit card at upon the acceptance of these Terms.

1.2/ You may access and use the Site (including any incidental copying that occurs as part of that use) and the Program in the normal manner for your own personal, non-commercial use during the Term.

1.3/ You must not add any content to the Site:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) that would bring us, or the Site, the Program into disrepute; or

(e) that infringes the intellectual property or other rights of any person.

1.4/ The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

1.5/ You acknowledge and agree that:

(a) we retain complete editorial control over the Site and Program and may alter, amend or cease the operation of the Site and Program at any time in our sole discretion; and

(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

1.6/ We may add additional Programs to the Site in our sole discretion.  At the end of the Term you may purchase the same Program or an alternative Program (if available), in your sole discretion.

  1. Intellectual Property Rights

2.1/ Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site and the Program.

2.2/ By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3/ You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4/ The licence in clause 2.3 will survive any termination of these Terms.

2.5/ You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3

  1. Warranties

3.1/ You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms; and

(b) you have complied with clause 1.3.

  1. Liability

4.1/ To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.  We also exclude all liability for any injury, loss or damage arising out of use of the Site or Program.  We cannot guarantee that the Site will be compatible with every computer or device.

4.2/ To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

4.3/ These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

  1. Termination

5.1/ These Terms terminate automatically if, for any reason, we cease to operate the Site and the Program.

5.2/ We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

  1. Privacy

6.1/ We may collect, use, store, record and transmit your personal information entered on this Site and Program. For further details, please refer to our Online Privacy Policy. Your continued use of the Site and Program and your provision of your personal information constitutes your approval for us to deal with your personal information.

  1. Personal Injury Waiver 

7.1/ You acknowledge that you have not relied on any aspect of the Site or Program involving skill, judgment, advice, recommendations or information. Any information provided by the Site and Program, including but not limited to nutritional advice, is general in nature and you should seek the advice from your medical practitioners as to its suitability for you.

7.2/ We do not warrant or represent that the Site and Program are free from human or technical errors or inaccuracies or other typographical errors or defects.

7.3/ You undertake the Program and use the Site at your own risk.

  1. Refunds

8.1/ Unless required by law, we do not offer refunds.  Please choose carefully before deciding to purchase the Program and access to the Site.

  1. General

9.1/ You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

9.2/ If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

9.3/ Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

9.4/ We may update these Terms from time to time in our sole discretion and will notify you of any change.

9.5/ This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.