Terms of Use

HERO – Terms of Use

  1. Welcome to Hero.  We provide men with health and nutrition programs to enable them to step into fatherhood with confidence.  
  1. Hero is owned and run by Hero Life Pty Ltd.  In these terms and conditions, Hero Life Pty Ltd is referred to as “we”, “our” or “us”).  

Acceptance of these Terms and Conditions

1. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including any additional guidelines and terms contained in the Program) governing the use of the Services.

1. You warrant that you are at least 18 years of age or that you have your parent’s permission to use and/or purchase the Services from us.

1. As part of your membership to HERO, subject to these terms and conditions, we grant you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Site, the Programs and the Online Content for your personal use to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered.

Definitions

  1. The following terms have the following meaning:

“Coaching” is defined in clauses 27 – 29

“Online Content” means the online content provided by us through the Program to you, including but not limited to the consumer exercise & nutrition content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos, explanations, advice and audio content offered and administered by us via the Site;

“Privacy Policy” means our privacy policy which can be located at https://www.hero.cm/pages/privacy-policy 

“Programs” means the online courses on a variety of topics including exercise, health and nutrition for which you subscribe via the Site as outlined in clause 3 of these terms and conditions;

“Services” is defined in clause 3 of these terms and conditions;

“Site” means the website www.hero.cm;

“You” means the person subscribing to or acquiring the Services from us or the person using the Site.

Application of Terms of Use

  1. The Services are owned, operated and provided to You by us.
  1. Through this Site you can:
  1. register as a member;
  2. purchase access to the Programs; and
  3. access the Online Content, subject to being eligible.
  1. We may amend these Terms from time to time and we will provide You with reasonable notice when these terms and conditions are amended. 
  1. Any amendment will be effective immediately upon being posted on this Site and notification being provided to you (for example, notification may be provided via an EDM). Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these terms, as amended. 
  1. We reserve the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

Membership and Member Information

  1. As part of the registration process for membership to the Services, we may collect personal information about you including, but not limited to, your name, contact details and credit card details.
  1. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
  1. You will be able to access and modify your membership details from the Site. 
  1. Membership is non-transferable.
  1. All personal information you enter about yourself must be accurate, complete and not misleading. You are responsible for maintaining and updating this member information.

Payment Terms 

  1. During the registration process, you will have the option to purchase a membership to a Program and to select the frequency of your membership payments.  You must make payments in accordance with the options you select during this process. 
  1. You authorise us to collect/deduct payment immediately upon signup and thereafter on an automatic monthly, quarterly or, where relevant, annual basis (as per your selections in accordance with paragraph 18 above).
  1. If you cancel your membership, you will continue to have access to the program until the end of your current billing cycle (for example, if you pay your membership monthly, you will continue to have access to the Services until the end of the month that you have paid for). 
  1. Subject to clause 71, payments are non-refundable. 
  1. If you fail to make payment or your payment fails (i.e. the credit card is declined), we will have the option to cancel your subscription (but all outstanding fees will continue to be owed).
  1. Unless you cancel your membership at least 24 hours before your next billing date, you authorise us to charge your next membership payment via your chosen payment method.
  1. We may, in our absolute discretion, refuse to accept any order or payment from you.
  1. All payments conducted through our Site are handled and transacted through a third party dedicated payment gateway to guarantee the protection of your personal details.  We do not store credit card information and such information is handled over SSL encryption.  Please read the terms and conditions of the payment gateway for further details as they are responsible for transactions made through this Site. 

Coaching

  1. As part of the Programs, we may provide Coaching to you. 
  1. Coaching is a thought-provoking process that should inspire you to maximize your potential as a father.  It may involve many aspects of your life, including your lifestyle, habits, exercise regime, nutrition, work and your relationships.  It is designed to facilitate the creation and development of personal goals (and may also extend to professional goals) and to develop and execute a strategy and/or plan to achieve those goals.
  1. Whilst we will be your guide on this journey, ultimately, you are the decision maker.  It is your responsibility to decide how to handle the issues we deal with, make any necessary changes to the aspects of your life that we discuss, and implement the choices and/or decisions you make.  Your job is take full ownership and responsibility for your decisions and your actions.
  1. You also need to be aware that coaching is not a substitute for professional advice, particularly in areas of finance, law, medicine, mental health and/or addiction. It is your exclusive responsibility to seek independent professional guidance as needed.   

Our responsibilities when providing Coaching 

  1. We will provide Coaching to you with care, skill and diligence.  
  1. We will challenge you and try to get you to think about your life in a different way.  
  1. The Coaching we provide to you will be tailored for your use only.  

Your responsibilities when participating in Coaching 

  1. You understand that Coaching is not a substitute for therapy, counselling, psychology or psychotherapy. You understand that coaching does not diagnose or treat any psychological disorders and you must not use our Coaching as a replacement for any form of therapy.
  1. If you are under the supervision of a professional therapist, counsellor, psychologist, psychiatrist or any other similar mental health service provider, you must consult with that provider regarding the advisability of participating in the Coaching with us and the provider must be aware of your decision to be participate in Coaching with us.  This is very important and we will rely on these terms and conditions as evidence of you having raised our Coaching with your mental health service provider.
  1. In order to enhance the Coaching, you must communicate honestly with us, provide us with fulsome, accurate and timely information, be open to feedback and assistance and create the time and energy to participate fully in the Coaching.  You acknowledge that all information you will provide to us will be true, complete and accurate in all respects and not misleading.  

Participation in the Programs – Consent and Fitness to participate

  1. You understand that the Programs involve physical activity and as a result of participating in the Programs there is risk of injury, and in rare and extreme cases, there is even a risk of serious injury or death. 
  1. You consent to participate in the Programs.  You acknowledge that you will be exposed to certain risks when participating in the Programs including but not limited to physical injury or death, and that you fully accept and agree to bear those risks. 
  1. You declare that you are medically and physically fit and able to participate in the Programs.  You will immediately notify us of any change to your medical condition, fitness or ability to participate.  
  1. You understand that we will rely upon this declaration as the basis of your fitness and ability to participate in the Programs

 

Privacy

  1. Our Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use and should be referred to in conjunction with these Terms and conditions.
  1. Your continued use of the Services and your provision of your personal information constitutes your approval for us to deal with your personal information in accordance with our Privacy Policy.

Security of Information

  1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of your personal information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
  1. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

Links to Other Sites and Content

  1. Through our Site, you may be able, through hypertext or other computer links, to gain access to other sites operated either by us, our affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under our control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, we are not responsible for the content of any Linked Sites, or any changes or updates to such sites. 
  1. We provide these links to the Linked Sites for your convenience only. Use of the Linked Sites is at your own risk. 
  1. Unless otherwise specified, we do not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in or through those Linked Sites.

Waiver regarding use of the Site

  1. We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site or that it is suitable for your intended use. The Information is provided by us in good faith on an “as is” basis without warranty of any kind.
  1. Whilst we will do our best to ensure content and information on the Site is accurate and complete, we do not warrant or represent that such information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and any information on the Site or contained via the Services is at your own risk.
  1. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
  1. We make no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
  1. We recommend that you consult with a medical practitioner or other healthcare or service provider if you have concerns or queries in relation to the information on this Site or contained via the Services.  You must advise us of any preconditions which may affect the delivery of the Services.  You must advise us of any medical practitioner or health care or service provider that you are seeing which may impact on the delivery of the Services. 
  1. The information provided on this Site is not intended, nor is it suitable to be used for as or to substitute for medical advice from a medical practitioner or other certified health care provider.

Limitation of Liability

  1. Under applicable state and commonwealth based laws like the Competition and Consumer Act (Cth) (“CCA”), certain statutory guarantees may be implied into this agreement (“Non-Excluded Guarantees”).  This agreement in no way excludes, restricts or modifies your rights under the Non-Excluded Guarantees in the CCA and other state based equivalent legislation. 
  1. If you are considered a consumer within the meaning of the CCA, my liability is limited to the extent permitted by section 64A of Schedule 2 of the CCA.

Coaching

  1. To the extent permitted by law, our liability for the delivery of the coaching services shall be limited to the Fee.   
  1. Notwithstanding the above limitation of liability clauses, but subject to the CCA, we will not be liable for any injury, loss or damage which may be caused, or partly caused, by, or arises as a result of or related to:
  1. you failing to follow any of our advice or instructions; or
  1. your acts or omissions; or 
  1. you breaching a term of this agreement. 

The Programs

  1. To the fullest extent permitted by law, you agree to release and discharge us and our directors and officers from all liability in respect of any loss or damage you may suffer with respect to the Programs.  
  1. Without limiting the foregoing, you also agree to release, defend, hold harmless and indemnify us and our directors and officers from and against any actions, proceedings, claims, demands, expenses (including legal expenses), damages and liabilities howsoever arising from or incurred as a result of or in connection with your participation in the Programs.
  1. Warning Under Australian Consumer Law: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the recreational services we supply to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, we are entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to this waiver and release form, you will be agreeing that your rights to sue us under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the Programs provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 
  1. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on our part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012

Third Party Materials 

  1. Certain Information may include material from third parties.
  1. You agree that we are not responsible for examining or evaluating the content or accuracy of the third party material and we do not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

Intellectual Property

  1. All intellectual property on this Site, including without limit, the text, graphics, logos, information, content and copyright works is owned by us (or our relevant content supplier).  We are the exclusive owner of all rights in the compilation, design and layout of this Site.
  1. You acknowledge and agree that all content, coding, graphics, and information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains our property or the property of third party suppliers as the case may be.
  1. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without our prior written consent. 

Member Submissions and User Generated Content

  1. From time to time, you may be able to post reviews and/or comments regarding the features of this Site, the Programs or the Services (“Member Submissions”). You irrevocably grant to us a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of us all moral rights in relation to your Member Submissions in any jurisdiction.
  1. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, we may cancel your membership and you agree to indemnify us for any losses, costs, expenses or damages that we may suffer or incur as a result.
  1. We reserve the right, but not the obligation, to review, edit or delete any Member Submissions that we deem to be illegal, offensive, inappropriate or otherwise breaching these terms and conditions.

Delivery of the Services

  1. We will make the Programs and Online Content available for access from the Site.
  1. You must advise us in writing immediately if you are unable to access any of the Programs and/or Online Content from the Site. 

Cancellations and Refunds

  1. If we are unable to deliver or provide the Services, then we may cancel your order (even if it has been accepted) by notice to you. In such circumstances, we will refund to you the purchase price.
  1. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
  1. We will not otherwise provide any refunds, so please choose carefully.

Termination of Access

  1. If you breach these terms and conditions, we may terminate your access to this Site, the Programs, the Coaching and/or the Online Content.  Our disclaimers in these terms and conditions will nevertheless survive any such termination.

Use of Online Nutrition and Exercise Program

  1. Other than as required to use the Programs for your personal enjoyment and improvement, you may not and may not authorise any third person to:

a.  copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Programs;

b.  modify or make any alterations, additions or amendments to any part of the Programs;

c.  convert the Programs into another format other than the one in which it was supplied;

d.  reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Programs or reproduce all or any portion of the said components;

e.  remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

 

  1. You must not purchase or use the Online Exercise & Nutrition Program for the purpose of re-supply.

Miscellaneous

  1. By accessing and using the Services, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia. 
  1. Our failure to enforce any of these terms and conditions shall not be construed as a waiver of any of our rights.
  1. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.