Terms of Service

Coach Welly adheres to strict privacy principles. Most importantly, we do not give, sell, rent, loan or otherwise monetise your health information to third parties, other than to service providers, such as Rook, who process it on our behalf to provide our services, as described in our Privacy Policy.

The following terms and conditions regulate the business relationship between You (You or Your) and Nude Nutrients Pty Ltd T/A Coach Welly (“Coach Welly“ “Nude Nutrients“ Us or We) for the purchase of goods and/or services from us. Coach Welly’s Privacy Policy, End User License Agreement, and Acceptable Use Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. If a provision of this Agreement conflicts with another of these documents on the same subject matter, the document that deals with that subject matter in more detail shall prevail to the extent of the conflict. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Coach Welly shall be regulated by the terms and conditions outlined in this agreement.

Health and Biometric Data Consent

The Coach Welly App and ActivRewards App collect and process health and biometric data, including Heart Rate Variability (HRV), readiness and sleep scores, heart rate, sleep, steps, distance, calories burned, and other activity data received from your connected wearables and health platforms, as described in our Privacy Policy. By checking “I agree to Terms” and using the App, you expressly consent to Coach Welly collecting, using, storing and disclosing this health and biometric data for the purposes described in our Privacy Policy, including to calculate your readiness score, provide personalised recommendations, and award points and rewards.

To provide these features, Coach Welly uses Rook (Rookeries Development Corp.), a third-party wearable data aggregation provider, to receive and process health and activity data from your connected wearables and health platforms on our behalf. By connecting a wearable or health platform, you also authorise Rook to access, collect, use, process, store, and disclose your data for this purpose, in accordance with our Privacy Policy.

1. Definitions

In these terms and conditions:

Agreement means these terms and conditions.

Goods means any goods offered for sale by Coach Welly.

Services means any services offered for sale by Coach Welly.

Website means this website or any Coach Welly mobile applications, or any other website or app through which Coach Welly offers for sale the Goods and/or Services.

Written Material means any informational material published by Coach Welly in any medium, including video, from time to time with a view to providing information to any customer or prospective customer of Coach Welly.

2. Our contract with You

2.1 Coach Welly shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.

2.2 Before an order is placed Coach Welly will display on the screen a quote confirming the details of Your order including the price of the Goods and/or Services.

2.3 Coach Welly will notify You by email or phone if any Good is unavailable and offer an alternative item or a full refund.

2.4 Subject to clause 2.5, receipt of full payment of Your order by Coach Welly is evidence of a binding and enforceable agreement between You and Coach Welly, and this Agreement can only be modified by written agreement between You and Coach Welly.

2.5 All clerical errors are subject to correction and will not bind Coach Welly.

2.6 Upon registration as a member, or purchase through the Website, you will be provided with a password and account. You must not disclose this information to any third party or allow any third party to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to, or use of your account by means of the password associated with that account is deemed to be access or use by You. This includes any purchases made through your account.

3. Price and Payment

3.1 The price of any and all Goods and services contained in any Written Material of Coach Welly is subject to change from time to time at the sole discretion of Coach Welly. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).

3.2 Full payment of an order must be made and received by Coach Welly before the Goods will be provided and/or delivered to You.

3.3 Coach Welly agrees to pay banking charges by the receiving bank on payments to Coach Welly. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.

3.4 You shall pay all sums due to Coach Welly under this Agreement by the means specified without any set-off, deduction or counterclaim.

3.5 You represent and warrant that if You are purchasing something from Coach Welly that:

• (i) Any credit card information You supply is true, correct and complete,
• (ii) You have express authority from the cardholder to use this credit card,
• (iii) Charges incurred by You will be honoured by Your credit card company,
• (iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.

3.6 When purchasing from Coach Welly, Your financial details are passed through a secure server using the latest industry-standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact Coach Welly using the contact page on our Website.

4. Subscriptions & payments

4.1 By completing your purchase of a subscription with Coach Welly you confirm that you have read and agree to be bound by the terms and conditions of your Coach Welly subscription. Coach Welly offer varying subscription types. The following conditions may apply to all Coach Welly subscription types. Please check your individual subscription terms during registration.

4.2 Upon registering for Coach Welly, You will be charged an initial fee which may vary, or may include a free trial period. The duration of this subscription is 4 weeks (minimum). This subscription will automatically continue unless cancelled by You.

4.3 You are responsible for processing cancellation of any active subscriptions or memberships through Your individual Coach Welly Account. Any requests sent to Coach Welly via email (or otherwise) to process cancellation on Your behalf may not be processed before the subscription renews (if applicable) and Coach Welly is not liable to refund any fees paid under these circumstances. After cancelling, you will continue to have access to Coach Welly until the end of your current subscription period. Once your current subscription period ends, no further payments will be taken, and your subscription account will become inactive. You may reactivate your subscription at any time by purchasing a new subscription.

5. Information You give Coach Welly

You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Coach Welly to enable Coach Welly to provide You with the Goods and/or Services ordered.

5.1 Coach Welly agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.

6. Information Coach Welly gives You

All information provided by Coach Welly on the Website is provided in good faith. Coach Welly derive information from sources believed to be accurate and up to date as at the date of publication. Coach Welly may update any information at any time, but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, Coach Welly does not make any representations or warranties that any information provided is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website, or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

7. Quality of the Website

7.1 We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis.

7.2 We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.

7.3 Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed.

7.4 The delivery of video messages is dependent upon third party providers and therefore outside of our control.

7.5 Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

8. Third Party Content

8.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions, or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

8.2 Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at support @ coachwelly.com.au. We may investigate the claim and take appropriate action, in our sole discretion.

9. Cancellation of Order and Refunds

9.1 Once Coach Welly has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, you have no right and are unable to cancel, refund and/or modify Your order. Coach Welly does not offer refunds simply in the event you change your mind or make a wrong decision.

9.2 Coach Welly agrees to provide an appropriate remedy, which may include a replacement, credit or refund, for any Services purchased from Coach Welly that do not meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Coach Welly promptly after becoming aware of this. Should this occur, Coach Welly may request proof of the alleged issue as a condition of any remedy.

9.3 Should You experience a technical fault or issue with the Services, please contact Coach Welly promptly by email so that we can investigate and resolve the issue. Cancellation of a subscription is handled in accordance with Section 4 (Subscriptions & payments).

10. Your Physical condition

10.1 As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

10.2 No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

10.3 You must consult a qualified medical professional if you have any questions concerning your medical condition or injury, or if you answer “yes” to any of the following questions:

• (1) Has your medical practitioner ever told you that you have a heart condition or have you ever suffered a stroke?
• (2) Do you ever experience unexplained pains or discomfort in your chest at rest or during physical activity/exercise?
• (3) Do you ever feel faint, dizzy or lose balance during physical activity/exercise?
• (4) Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
• (5) If you have diabetes (type 1 or 2) have you had trouble controlling your blood sugar (glucose) in the last 3 months?
• (6) Do you have any other conditions that may require special consideration for you to exercise?

11. Disclaimers

11.1 Coach Welly may at any time and without any advance notice to you or any other person make improvements or changes to its Written Material or to any of the Goods.

11.2 You may have statutory rights under the Australian Consumer Law that do not permit Coach Welly to limit its liability to you in relation to any Goods it may supply to you. However, to the fullest extent permitted by law, in circumstances where Coach Welly is able to limit its liability, the maximum liability of Coach Welly for breach of those statutory rights is limited at Coach Welly’s option to:

• (i) Replacement of the Goods or the supply of equivalent Goods;
• (ii) The repair of the Goods; or
• (iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;

11.3 In all other circumstances, and to the fullest extent permitted by law, Coach Welly’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by you in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.

11.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will Coach Welly be liable to you for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which you suffer or incur as a result of, or in connection with, any conduct or omission by Coach Welly, or your use of the Website, the purchase of any Goods and their use.

12. Intellectual Property

12.1 All names, logos and trademarks used by Coach Welly on the Website are the property of Coach Welly’s and/or the trademarks’ respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

12.2 To the extent permitted by law, no part of this Website may be reproduced, reused, adapted, published, retransmitted, broadcast or distributed without prior written permission from Coach Welly.

13. Indemnity

You indemnify and hold Coach Welly harmless in respect of any and all loss or damage suffered by Coach Welly, and any claims or demands that may arise against Coach Welly relating to or in connection with your wrongful or negligent use of the Services, the App, or any Goods purchased from Coach Welly using the Website.

14. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.

15. No Waiver

The failure by Coach Welly to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Coach Welly in respect of any existing or subsequent breach of this Agreement.

16. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and Coach Welly, then you agree to attempt to settle the dispute by engaging in good faith with Coach Welly in a process of mediation before commencing any arbitration or litigation.

17. Force majeure

Coach Welly is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Coach Welly to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Coach Welly and no such failure shall entitle you to terminate this Agreement.

18. Entire agreement

This Agreement constitutes the entire agreement between you and Coach Welly for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.

19. Variation

Any variation to this Agreement shall be effective only if accepted in writing by Coach Welly.

20. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.