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TERMS & CONDITIONS

We strongly advise you to read these terms and conditions very carefully before you browse or use the VLCT Performance website in any way. By using the VLCT Performance website and its services, you hereby agree and accept to fully comply with as well as to be legally bound by all the provisions of these terms and conditions, our copyright policy, privacy policy and all other referenced documents.

If you are in not if total agreement with the provisions of these terms, you must immediately desist from using the website and services, as your continued use of our website and our services shall be deemed as your agreement to comply with our terms.

We at VLCT Performance may exercise our right to modify, review, update, delete from or add to these terms and conditions as we may deem necessary at any time. We will make sure to notify all users of any review, modification and/or update by stipulating the last updated date on this page. Your continued usage thereafter of the VLCT Performance website will be considered as your acceptance of those changes.

 

1.0 - DEFINITIONS

 

1.1 We, The Company or us: Used interchangeably, this shall be used to reference VLCT Performance as well as its associates, affiliates, managers and employees.

 

1.2 You, the client, or user: Used interchangeably, this shall refer to the person using this website to access or services and agreeing to these terms and conditions.

 

1.3 Service, services, protocols, plan, content or regime: This shall be taken to mean all nutrition and training protocols, as well as nutrition and training protocol packages that we provide as part of your membership of our services.

 

1.4 Recommendations or advice: This shall be taken to mean any suggested recommendations that you receive from VLCT Performance, whether this is verbally or in written form, whether received in person or through the phone, the website, email, social media, or within the protocols.

 

2.0 - ELIGIBILITY

 

2.1 You must be at least eighteen years of age and have the full power and legal capability to enter into and be legally constrained by these terms in order to use our services. You are barred from using our services if you are a competitor of VLCT Performance or if we have banned you in the past from using the service.

 

2.2 We grant all eligible users a limited, non-assignable, non-exclusive, reversible, and non-sublicensable license to access and use VLCT Performance in full compliance with these terms and conditions.

 

3.0 - USER ACCOUNTS AND SECURITY

 

3.1 For you to use most portions of our website, you must register for and thereafter maintain an active personal VLCT Performance account. During the registration process, you will be asked to pick a username and choose a password for yourself. These details will allow you to gain access to and use your VLCT Performance account and the materials, services and content available to all registered users.

 

3.2 You may only possess one VLCT Performance account, except otherwise permitted by VLCT Performance in writing.

 

3.3 You alone have the responsibility of preserving the security of your username and password, and you bear the full responsibility for any unauthorised use of your account or password.

 

3.4 You must maintain complete, accurate, and current information under your VLCT Performance account, and your refusal or inability to do so may lead to your inability to access and use the VLCT Performance services, and our termination of this agreement with you.

 

4.0 - HOW THE WEBSITE WORKS

 

4.1 VLCT Performance provides a platform that creates tailored training, nutrition and supplementation protocols in accordance to the needs of the user. You accept that we are not medical experts, have not in any way been licensed as medical experts in any state, and are not to be considered so.

 

5.0 - NO MEDICAL ADVICE

 

5.1 The contents, materials and information that we make available via the VLCT Performance services are intended for informational purposes only, and should never be taken as health or medical advice. These contents, materials and information may not serve in place of qualified medical diagnosis, advice, or treatment. We ask that you consult a health care professional and/or your physician for medical clearance before you embark upon using our services.

 

5.2 We also ask that you consult a health care professional and/or your physician for specific diagnosis and recommendations about your medical condition.

 

5.3 Always ensure that you immediately call your doctor or 000 if you have or think you may have a medical emergency.  Consequently, you agree to accept all the risks relating to the use of or reliance on any information provided on the VLCT Performance website, and to indemnify VLCT Performance from any cause of action that may occur in relation to any reliance on content obtained from the VLCT Performance website.

 

5.4 Specifically, you agree that only you bear the responsibility for making lifestyle change decisions which without limitation includes your ability to participate in exercise regimes. Under no circumstances will VLCT Performance be responsible for the onset or exacerbation of health problems, injuries, or medical conditions that may potentially result from your participation in exercise or changes in lifestyle.

 

6.0. - ACCURACY, TIMELINESS AND COMPLETENESS OF INFORMATION

 

6.1 We have exercised all caution to ensure that the information found on the VLCT Performance website is as accurate, complete and as timely as possible. You however understand that we make no representation as to the accuracy, timeliness and completeness of information, and will therefore not be legally accountable or responsible to any user or other third parties if any information uploaded to the website is discovered to be incomplete, outdated or inaccurate.

 

6.2 You understand and admit that we make all materials on this website so available for information purposes only and that such materials should not be relied upon as the sole basis for taking actions or inactions. You agree that you will be relying on the uploaded materials on this website at your own risk.

 

6.3 This website may contain some historical information, and you accept that such historical information is not to be deemed current and that we have provided them for reference purposes only. We reserve the exclusive right to review, change and modify the contents of the website at any time, and are not in any way obligated to bring update any of the information uploaded therein.

 

7.0 - ASSUMPTION OF RISK

 

7.1 You understand and accept that training participation is voluntary and that you participate at your own risk. This risk may without limitation include mental or physical injury or death as a result of negligence on your part, or that of your training partner, or those around you, the failure or improper use of equipment and/or falls.

 

7.2 You are fully aware that all of the risks may result in serious injury or death to yourself.

 

7.3 You also accept that your training regime may involve demanding bodyweight exercises, weightlifting, or other high intensity exercises.

 

7.4 You also understand that you have the choice of declining to participate in any exercise that you do not wish to do.

7.5 You are required to immediately stop exercising, inform someone around you for help and seek proper medical attention if you begin to feel uneasy, faint, dizzy, light-headed, nauseated or experience pain or discomfort.

 

8.0 - YOUR AGREEMENT

 

8.1 By reading this document, you acknowledge that the training and nutritional protocols found on this website is the property of Jordan Seeto-Barnes himself and all copyrights are reserved.

You agree to provide only truthful and accurate information about yourself anytime that you complete any documentation that VLCT Performance makes available to you.

 

8.2 You agree to the way that VLCT Performance collects, uses and retains your personal information that you have provided to us.

You hereby represent that you are aware that there are significant risks involved in all aspects of physical training and nutritional interventions, and that you fully accept these risks.

 

8.3 You assume full responsibility for all the risks that you expose yourself to and accept full responsibility and liability for any injury or death that may occur as a result of participating in any activity or guidance via the training and/or nutritional direction of Jordan Seeto-Barnes.

You therefore that it is your responsibility to consult a healthcare practitioner before commencing any new exercise or nutritional program, and that you will cease training/nutrition immediately and seek medical attention should you feel ill or unwell at any point. You however understand that results are individual and may vary.

 

8.4 You understand that you must notify VLCT Performance immediately if there are any changes to your health or the onset of injury.

You understand and accept that the information contained in the training and nutrition protocols are general guidelines and recommendations only. They are not intended to treat, cure or prevent any injury, disease or illness. All plans are individualised for clients and their gender, conditions, goals, age and energy expenditure and may not provide the desired result for anyone other than the individual for which it was made.

8.5 You understand and accept that none of the nutrition protocols that we present on this website and through our services are formulated to suit the specific needs of women who are pregnant or breastfeeding. Thus, pregnant and breastfeeding women are not recommended to use our services. If you have stopped breastfeeding recently, we recommend that you see your personal doctor prior to commencing our regime.

 

8.6 You agree that you will not supply negative, hurtful or defamatory comments about the website, our content, the recommendations or services as well as VLCT Performance's individual representatives, athletes or employees.

 

8.7 You agree that once you have physically or verbally received, downloaded, opened and/or saved any replicate, copy, screen shot & forward, rent, distribute, lease, lend, sell, give away, republish, print, share, transfer, post on any social media, distribute in person, publish, reproduce, upload to a third party or claim any part of the content provided as your own.

 

8.8 You agree that once you have physically or verbally received, downloaded, opened and/or saved any content, recommendations or products from VLCT Performance, that you will not modify, reverse engineer, decompile, or obtain content from the website, nor will you make these available over any network to be simultaneously used by multiple devices.

 

8.9 You hereby permission to VLCT Performance to use any of your photos or written information for promotional purposes. If you do not wish for VLCT Performance to use your photos or information in this manner, you acknowledge that it is your responsibility to inform VLCT Performance with a written letter stating this to be the case via email.

 

8.10 Inline with 8.4, you hereby agree that under any circumstance you have a medical condition arise during a minimum commitment period you are to seek a medical certificate from your doctor stating you're unable to continue your coaching service with VLCT Performance.

 

8.11 You understand and accept that Jordan Seeto-Barnes cannot be held responsible for any injuries, conditions or illness potentially acquired when performing this program without direct, in-person supervision.

 

8.12 You understand that it is your individual responsibility to complete the weekly check in by 9:00pm Sunday night and if you miss this set time, it may delay any recommendations and amendments being made.

 

9.0 - PAYMENTS

 

9.1 If you're about to undertake Personalised Coaching, Nutrition Coaching or ADF Preparation Coaching, your payments will be deducted weekly.  You understand that your contract term/minimum commitment is 3 months. Under no circumstance will the contract term/minimum 3 months be terminated until the minimum term has either been served or the balance of such an account/remaining fees has been settled. You understand once your contract term/minimum commitment has completed, the weekly direct debit for your respective coaching service will continue until you wish to discontinue. 

 

9.2 If you're about to undertake a challenge with VLCT Performance, your payments will be deducted weekly. You understand that your contract/minimum commitment is the duration of the challenge that is advertised at the time and/or you're participating in. Under no circumstance will the contract term/minimum commitment of the challenge that is advertised at the time, be terminated until the minimum term has been served or the balance of such an account/remaining fees has been settled. You understand once the duration of the challenge has been completed, you won't receive anymore payments.

 

9.3 You understand and accept that we use the "PayPal" mode of payment for our training and nutrition protocol package, as well as "Debit Success" for Personalised Coaching, Nutrition Coaching and any challenges run by VLCT Performance. You fully understand and accept that your use of these modes of payments means that you accept each respective company’s policies, procedures and additional fees.

You understand that it may take 2-5 business days in order for your personalised programs to be sent regardless of what coaching service you're applying for.

 

9.4 You (the client) understand that if your weekly direct debit payment fails, you authorise VLCT Performance and/or Debit Success to resubmit the payment immediately to fulfil the payment obligation of such coaching services. VLCT Performance may terminate your contract of 3 months (where applicable) or your contract of a challenge you're participating in, at which the remainder of the minimum term of payments will be due in full.

 

9.5 You (the client) understand that due to failure regarding payment obligation, you, the client, authorises notification to any credit reporting agency or debit collection agency regarding your failure to fulfil your payment obligation. You accept that you will be liable for any recovery fees involved within the collection. You (the client) understand you'll have a 48-hour cooling off period on completion of your questionnaire on Google Forms.

 

10.0 - CANCELLATIONS

 

10.1 You must notify VLCT Performance in writing, two weeks in advance of your intentions to cancel your membership through

jordan@vlctperformance.com. You will receive a ‘cancellation of coaching membership’ email upon us receiving your cancellation request. You acknowledge that coaching membership services, including payments will be ceased upon the completion of the two-week notification of cancellation period. You understand that we will continue to debit payments during the two-week notification period.

 

10.2 You understand that once you've officially cancelled your respective coaching service, the training and nutrition protocols recommended are to cease immediately and are not to be followed without the direct guidance of VLCT Performance.

 

11.0 - CHANGES

 

11.1 You understand and accept that the costs involved of coaching services as per VLCT Performance website are subject to change.

VLCT Performance reserves the full right to amend and/or delete any information which without limitation may include the website, prices, services, product offerings, information, as we see fit and without prior notice.

 

12.0 - RETURNS, REFUNDS AND EXCHANGE POLICY

 

12.1 Because our products are digital in nature, we will deem them to have been used after you have downloaded and opened them. This means that we do not offer refunds.

You also accept that additional sign up fees, initial consultations fees, missed appointment fees as well as notice of cancellation fees are non-refundable under any circumstances.

 

13.0 - USER GENERATED CONTENT

 

13.1 We have made it easy and convenient for users to be able to upload comments on the website. You guarantee that you are the sole and exclusive proprietor of all user content or that you otherwise have all rights, releases, approvals and licenses necessary to grant us the license to the user content as put forward above. You also warrant that the user content will not encroach, misuse or disregard a third party’s rights of exclusivity, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

13.2 Although any content provided by you remains your property, you grant us a worldwide, continuous, irreversible, transferrable, royalty-free license, with the right to make derivative works of, sub-license, duplicate, openly show, publicly perform, adjust, distribute, and to otherwise use such user content without further notice to you and without seeking consent from you, and without needing to financially reward you or any other entity, by providing such user content to VLCT Performance.

We may remove any upload/content that violates our code of conduct, and we may temporarily suspend or permanently terminate your VLCT Performance account at our discretion, with or without notice to you, and at any time.

 

14.0 - WARRANTIES AND LIMITATION OF LIABILITY

 

VLCT PERFORMANCE PRESENTS AND PROVIDES THE VLCT PERFORMANCE WEBSITE FOR YOUR USE ONLY ON AN "AS IS AND AS AVAILABLE" BASIS. WE PROVIDE THE WEBSITE WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT ANY KIND OF WARRANTY, WHETHER DIRECT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SAFETY AND ACCURATENESS.

VLCT PERFORMANCE DOES NOT REPRESENT THAT YOUR USE OF THE WEBSITE WILL BE CONTINUOUS AND UNINTERRUPTED, THAT THE WEBSITE IS FREE FROM ERRORS OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK.

VLCT PERFORMANCE WILL UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT, SECONDARY OR EXCEPTIONAL, OR ANY OTHER RESULTING DAMAGES AND LOSSES AS AN OUTCOME OF OR AS RELATED TO THE USE OF, OR YOUR LACK OF ABILITY TO USE THE VLCT PERFORMANCE WEBSITE, EVEN IF VLCT PERFORMANCE HAS BEEN INFORMED OF THE PROBABILITY/LIKELIHOOD OF SUCH DAMAGES.

YOU UNDERSTAND AND ACCEPT THE VLCT PERFORMANCE WEBSITE PROVIDES ONLY GENERAL MEDICAL INFORMATION, AND THIS INFORMATION SHOULD NEVER BE USED IN PLACE OF OR AS AN ALTERNATIVE TO PROFESSIONAL MEDICAL ADVICE. YOU ARE TO CONSULT A LICENSED HEALTH CARE PROFESSIONAL AND/OR YOUR PHYSICIAN FOR EXACT RECOMMENDATIONS ABOUT YOUR HEALTH AND MEDICAL CONDITION.

WE GIVE NO ASSURANCES AS TO ANY RESULTS OR OUTCOMES THAT YOU MAY OBTAIN WITH USE OF THE SERVICES PRODUCTS, INFORMATION, OR RECOMMENDATIONS GIVEN BY THE WEBSITE.

WE FULLY DISCLAIM ALL LIABILITIES THAT MAY ARISE IN CONNECTION TO YOUR PARTICIPATION IN OUR SERVICES, WHETHER THIS IS DEATH, PHYSICAL OR MENTAL INJURY; THE CONTRACTION, AGGRAVATION OR ACCELERATION OF A DISEASE; AND THE AGGRAVATION, RECURRENCE OR ACCELERATION OF ANY OTHER CONDITION, ACTIVITY, CIRCUMSTANCE, OCCURRENCE, FORM OF BEHAVIOUR, STATE OF AFFAIRS OR COURSE OF CONDUCT.

YOU AGREE THAT WE WILL UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE FOR ANY INJURY, DEATH, PAIN, ILLNESS, OR DAMAGE TO YOU, AND TO THIRD PARTIES IN YOUR SURROUNDINGS AND EQUIPMENT USED IN THE PROGRAM.

YOU EXPLICITLY AND FULLY RELEASE AND HOLD VLCT PERFORMANCE INNOCENT FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, AND EXPENSES (WHICH WITHOUT LIMITATION INCLUDES THE LOSS OF BUSINESS, INFORMATION, OPPORTUNITY, PROFITS OR REVENUE)  RELATING TO YOUR USE OF THE WEBSITE, ANY CONTENT ACQUIRED THROUGH THE VLCT PERFORMANCE WEBSITE OR ANY ASSUMED BREACH BY YOU OF THESE TERMS AND CONDITIONS.

THE LAWS OF SOME JURISDICTIONS AND GEOGRAPHICAL AREAS DO/MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES MADE RELATING TO SERVICES OR GOODS. SOME OR ALL OF THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOU FALL UNDER ANY OF SUCH A JURISDICTION OR GEOGRAPHICAL AREA.

 

15.0 - INDEMNITY

 

15.1 You hereby agree to indemnify VLCT Performance, its affiliates, licensors, officers, suppliers, managers, agents, and employees and hold them blameless from and  innocent against any and all costs, losses, claims, penalties, any injury (including without limitation any bodily injury or death) to you or/and any other individual(s), reparations, expenses and liabilities that may occur from your use of the VLCT Performance website or from an unauthorized person using your account, any suspected violation by you of these terms and conditions, and/or from your use of or reliance on any information gotten through the website. This shall without limitation include reasonable legal and accounting fees.

 

16.0 - LINKED WEBSITES

 

16.1 You may find several links to other websites on the VLCT Performance website. It is imperative to know that these linked websites have policies that may be significantly different from our own. You accept that we are in no way responsible for the practices, activities, procedures, conditions and/or policies of these websites, and we advise that you always read and review all the legal documents of any website that you may gain access to through our website.

 

17.0 - JURISDICTION

 

You clearly agree that the select jurisdiction for any dispute  that you might have with VLCT Performance, or in any way associated with your use of the VLCT Performance website, resides in the courts of Australia and you hereto agree to the exercise of personal jurisdiction in its courts as it relates to any such dispute including any claim involving VLCT Performance or its affiliates, content providers, employees, contractors, directors, and managers.

 

18.0 - SEVERABILITY

 

18.1 If any provision of these VLCT Performance terms and conditions is for any reason found to be invalid by an Australia court having expert jurisdiction, the invalidity of that particular provision shall not diminish or take away the validity and/or enforceability of the remaining provisions of these terms and conditions. The particular provision will be severed while the remaining provisions shall remain in full force and effect.

 

19.0 - WAIVER

 

19.1 No waiver at any time of any of these terms and conditions shall be considered a continuing or further waiver of such term and condition or of any other term or condition.

 

20.0 - PRIVACY/ DISCLOSURE

 

20.1 You agree that we may reveal your personal information if we are so required by the law or if you do not comply with these terms and conditions and/or your appropriate membership contact.

 

21.0 - SECURING YOUR PERSONAL INFORMATION

 

21.1 While we deploy reasonable organisational and technical measures as part of our efforts to secure your personal information from unsanctioned access, modification, usage, or disclosure anytime you use our website and services, you however understand that we cannot fully guarantee this, as transmissions over the internet comes with certain unavoidable dangers and risks.

 

22.0 - YOUR SIGNATURE

22.1 By clicking " I have read, understood and accept the terms & conditions listed by VLCT Performance, I also have filled out this questionnaire to the best of my abilities and all information is true and correct" and signing the release on Google Forms with your name and today's date as your signature and taking part in coaching with VLCT Performance, you acknowledge that you understand its content, that this release cannot be modified orally, and that you have freely and voluntarily signed this document with your name and today's date.

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