Terms Of Use.

Eternal Fitness Grp

  1. TERMS OF USE
    1.1. Eternal Fitness Grp:
    1.1.1. Is a membership site and provides recommended workouts only.
    1.1.2. Cannot be held responsible for any injuries or any incorrect workouts completed with incorrect techniques completed.
    1.1.3. Is not directly involved with the members progression and their personal workout development. If you would like a personal trainer please contact the owner.
    1.1.4. Has no control or power over the quality, safety, ethical or legality of any part of the workouts listed or shown, the truth or precision of the programs, the capacity of members to sell workouts or the capability of memberss to pay for workouts.
    1.1.5. Will try and facilitate enquiries of payment discrepancies by supplying customers with information and directing them to the appropriate mediators. If any investigation into a member &Co’s payment policies or behaviour is in breach of any of Eternal Fitness Grp terms and conditions, their account will be suspended until notified by Eternal Fitness Grp.
    1.1.6. Does not pre-screen or monitor users or the content or information provided by users.
    1.1.7. Cannot ensure that a members or member will complete a transaction. Hence, Eternal Fitness Grp does not exchange lawful responsibility for products or workouts from the member to the members.
    1.1.8. May not know the Users of this site.
    1.1.9. Cannot guarantee the true identity, character, age, and nationality of a User, other than the information provided by a User upon registering a shop.
    1.1.10. Encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional User verification.
    1.1.7. Transactions are in Australian Dollars ($A)
    1.2. You:
    1.2.1. Agree that Eternal Fitness Grp is a venue and as such is not responsible or liable for any content, for example, data, text, information, design, Usernames, graphics, images, photographs, profiles, audio, video, workouts, logos and links posted by you, other Users, or outside parties on Eternal Fitness Grp.
    1.2.2. Utilize the Eternal Fitness Grp administration and services at your own risk.
    1.2.3. If you do not agree to these Terms & Conditions you cannot use this site and by using this site you agree to the Terms & Conditions and being bound by them.
    2. MEMEBERSHIP AND REGISTRATION
    2.1. Miniche Market administrations are accessible just to, and only utilized by, people who are 14 years and more.
    2.2. You warrant that you are no less than 14 years of age and that all informative content you submit is correct and truthful.
    2.3. Eternal Fitness Grp might, in its sole discretion decline to offer access to or utilization of the Site to any individual or element and change its qualification criteria at whatever time.
    2.4. This procurement is void where disallowed by law and the right to gain entrance to the Site is repudiated in such purviews.
    2.5. People under the age of 14 must constantly utilise Eternal Fitness Grp administrations just as a part of conjunction with and under the supervision of a guardian or lawful watchman who is no less than 14 years of age.
    3. ETERNAL FITNESS GRP RESPONSIBILITY
    3.1. We charge a 3% commission plus paypal fee on each sale that will be obtained at checkout. The Setting up of a shop on Eternal Fitness Grp is free and for stores not selling on any other invitation only Australian platforms.
    3.2. We reserve the right to increase the commission rate of 3% at any time in the foreseeable future.
    3.3. We reserve the right to redesign, alter, or change the content and appearance of any pages on http://www.minichemarkets.com.au
    3.4. We reserve the right to validate the information provided in your registration via a third party and request you to not use inaccurate or misleading details. It is your responsibility to update such details as and when needed.
    3.5. We will contact you via email or phone to update your information within 24 hours if Eternal Fitness Grp find you not updating your information. Failure in maintaining your information will result in a warning any follow up action as per required.
    3.6. We expect members to maintain a good customer service record by posting promptly after payment, not overcharging on associated fees and ensuring workouts arrive to their purchasers in good order and as described.
    3.6.1. We can disable or remove an account where repeat negative feedback occurs.
    3.6.2. We reserves the right to question any bad feedback and request any changes made to products if it impacts the quality and safety of the product, how it is described, represented. Etc and request the matter to be fixed as soon as possible
    3.6.3. Continued requests may result in the right of Eternal Fitness Grp to disable your account at any given time without notice.
    3.6.4. Any abusive behaviour will result in the same.
    3.7. We reserve the right to amend the Terms and Conditions, the Fees and the Policies, all or any of them by posting amended versions of them on the website. It is the user’s responsibility to be aware of changes to the Terms and Conditions of Eternal Fitness Grp.
    3.8. We may terminate the contract at any time by notifying either party in writing by email and it is the members responsibility to ensure your email and telephone number is up to date and current.
    3.9. A store holder can terminate the contract or remove store at any time that suits the owner of the product, as long as 24 hour notice is given by via writing to Eternal Fitness Grp.
    3.10. We charge a Non-refundable listing fee at the time of listing for the use of the Eternal Fitness Grp website as a venue. It is your responsibility to ensure you are familiar with these fees before listing an workout.
    4. MEMBER’S RESPONSIBILITY
    4.1. You will be asked to agree to these Terms & Conditions upon applying to become a member. You should only agree to these conditions if you accept them in their entirety. Once your registration is complete you will be bound to the Terms & Conditions as detailed herein when using http://www.minichemarkets.com.au.
    4.2. You must NOT disclose to any other person any user name and password that you create
    4.3. You confirm that you have the legal right to enter into and complete the transaction by ordering an workout (The member is entering into an agreement with the members to sell that workout).
    4.4. You must ensure that all programs entered by you are accurate and complete and include all relevant information that is related to you.
    4.5. You must hold the copyright for any text and images you include in your programs.
    4.6. You must ensure that all workouts available for sale are not replica or copies of any other brand or designer and that no brand name or trademark has been violated
    4.7. Once a checkout has been completed
    4.7.1. You cannot change any details of that sold workout under any circumstances
    4.7.2. You must send the purchased workout promptly to the members on receipt of payment for the workout.
    4.7.3. You are expected where you to have alternate stock on alternate websites to price match at all times
    4.8. If you have multiple workouts available on multiple sites
    4.8.1. It is your responsibility to keep stock up to date,
    4.8.2. Any workouts sold that are not available at that time must be refunded in full.
    4.9. If an workout’s description is deemed inaccurate by a purchaser and they seek a refund based on such information, the member will offer a full refund including all costs.
    4.10. You are not permitted to put contact information or direct/indirect links to other websites on your product page or within any sold workouts delivered to our customers. Any member found to do so may have their accounts disabled and/or removed by Eternal Fitness Grp.
    4.7. You must not circumnavigate fees such as making the sale privately on the members’s site to avoid fees and any member suspected of and / or reportedly doing so may have their accounts disabled and/or removed by Minich Markets.
    4.8. You are responsibility to issue a tax invoice to the members if this is requested and you have 28 days to do so from date of request.
    4.9. You must ensure you abide by the PayPal Acceptable Use Policy for receiving payments or any other payment mechanism available through this web site.
    5. MEMBERS’S RESPONSIBILITY
    5.1. You are responsible for making payment to the member in the manner specified by the member for example PayPal.
    5.2. You must NOT disclose to any other person any user name and password that you create
    5.3. Upon carrying out a purchase of an workout on Eternal Fitness Grp, you must complete the transaction in the manner specified below.
    5.4. You confirm that you have the legal right to enter into and complete the transaction by ordering an workout (The members is entering into an agreement with the member to purchase that workout).
    5.5. You must make full and prompt payment of any workout you buy. Failure to follow through with payment for an workout may result in the members being banned from Eternal Fitness Grp
    5.6. You must not circumnavigate fees such as making the sale privately on the member’s site to avoid fees and any members suspected of or reportedly doing so may have their accounts disabled and/or removed by Eternal Fitness Grp.
    5.7. If you incorrectly mislead the member for example, by saying you haven’t received the workout which you rightfully have, you will not be entitled to a refund and will be banned from the site.
    5.8. When you complete checkout you are forming a contract to purchase the item in your Shopping Cart. Members can modify, discontinue or change the price of an item prior to checkout if your purchase(s) remain in the Shopping Cart for greater time than reasonable could be expected to complete the transaction(s) and it is your responsibility to be aware of these changes.
    5.9. You are responsible to make sure that you are legally entitled to fulfil checkout on any workout you purchase.
    5.10. If an workout’s description is deemed inaccurate by you the members,
    5.10.1. You are entitled to seek a refund based on such information, upon the return of the product in its original condition.
    5.10.2. Consider reporting such instances to Eternal Fitness Grp and to the relevant government authority.
    5.7. Please read this sites Terms & Conditions and refund policies if you are not sure at any time as they may change.
    5.8. You are responsible for ensuring the shipping address is specified correctly when making a purchase on Eternal Fitness Grp.
    5.9. You cannot, under any circumstance, use any offensive language or any abusive behaviour towards anyone using the site including the member. Eternal Fitness Grp may terminate the contract and /or registration of a members at any time by notifying either party in writing via email or phone. This will prevent any future purchases by the members.
    5.10. By Accepting the terms and conditions, the members is aware that some of the workouts even though stipulated Australian owned may not be made in Australia and you are aware some goods may not be Australian made.
  2. YOUR USE OF THIS WEBSITE
    6.1. While using Eternal Fitness Grp website, you agree not to interfere with or attempt to interfere with the proper working of the site or any transaction being conducted on the website or to gain unauthorised access to any part of the website.
  3. LINKS TO OTHER WEBPAGES
    7.1. This site may contain links or videos/images to third party websites for your convenience only and do not indicate an endorsement by Eternal Fitness Grp of those sites or the products/services offered on those sites.
    7.2. Eternal Fitness Grp take no responsibility for the content or use of those sites and you enter linked sites at your own risk.
    7. PAYMENTS
    7.1. Eternal Fitness Grp utilises PayPal as its online electronic transaction processing system. Please see link PAYPAL ACCEPTABLE USE POLICY
    8. REVISIONS TO THESE TERMS & CONDITIONS
    8.1. Eternal Fitness Grp may at any time in its absolute discretion, review any or all of these Terms and Conditions.
    8.2. By continuing to utilise this site after any revisions are made you agree to and are bound by such revisions.
  1. COMPLIANCE
    The User of this site:
    9.1. Agrees to comply with all Australian laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
    9.2. Abides by Eternal Fitness Grp Terms and Conditions listed below (contained herein) (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Eternal Fitness Grp, each of which is incorporated herein by reference and each of which may be updated by Eternal Fitness Grp from time to time without notice to you.
    10. COPYRIGHT
    10.1. All pages inside this Site are the property of Eternal Fitness Grp, its affiliates and/or owners of the information of external links. Eternal Fitness Grp has no control or responsibility of any external link(s) and materials posted on our site.
    10.2. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Eternal Fitness Grp.
    10.3. You utilize the Eternal Fitness Grp administration and services at your own risk.
    10.4. You may view this site and electronically copy or print hard copies or parts of this site for your personal, non-commercial use only.
    10.5. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this site without our written permission of Eternal Fitness Grp.
  2. CONFIDENTIAL INFORMATION
    11.1. Any personal data you transmit to this site by electronic or other means will be used by Eternal Fitness Grp in accordance with Privacy Policy displayed on this site.
  3. WARRANTIES: Each party warrants to the other that:
    12.1. It is free and able to grant the rights and perform the obligations undertaken by it in this Agreement;
    12.2. Its trade marks, name, logos and intellectual property rights do not infringe the trade marks, names, logos or intellectual property rights of any person;
    12.3. It shall indemnify the other against any claims, proceedings, losses, expenses and liabilities (including without limitation legal costs) arising out of or in connection with any breach of paragraph 12(2).
  4. GENERAL
    13.1. You must obtain at your own expense any necessary licences or permits and comply with applicable laws in performing the Services under this agreement.
    13.2. You must immediately notify Eternal Fitness Grp of any irregularities or incidents that occur during the performance or non-performance of your obligations under this Agreement that will compromise the performance, outcomes or quality of the Services.
  5. JURSIDICTION
    14.1. This Agreement is governed by the law in force in New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that jurisdiction.
    15. DEFINITIONS:
    For the purpose of these terms and conditions, the following definitions apply:
    19.1. Agreement means this Agreement and any Schedule or Appendix attached to this Agreement and any documents that varies or supplements this agreement.
    19.5. Eternal Fitness Grp /we means Eternal Fitness Grp (ABN: 25894139657)
    19.6. You indicates either or both the Member and / or the Members and should be read and interpreted in context of the text it is contained within.
    19.7 GST, Tax Invoice and Taxable Supply have the same meanings in this Agreement as in the A New Tax System (Goods and Services Tax)Act 1999 (Cth);
    19.8. Confidential Information: Means any [non-public] information disclosed to the [Receiving Party], whether orally, in writing, through any means of communication, by or on behalf of the [Disclosing Party through the undertaking of a transaction within this web site
    19.9 Fairtrade, Ethical Fashion And Other Certification – The following guide is provided:
    19.9.1. Fair Trade, Ethical Trade and FairTrade are not one and the same.
    19.9.1.1. FairTrade is a trademarked certifying body and certification system. Workouts carrying the Fairtrade symbol are entitled to do so through meeting the stringent criteria and auditing process set out by the Fairtrade Association, and by being licensed to do so.
    19.9.1.2. Fair Trade, Ethical Trade and/or Direct Trade is a movement marked by direct trade with producers, fair pay, limited or no price bargaining and safe working conditions.
    19.9.2. Locally made or Sweatshop free and Ethical Clothing Certification are not one and the same.
    19.9.2.1. Ethical Clothing (Australia) is part of an official auditing process governed by Ethical Clothing Australia & the Home workers Association of Australia. Products carrying this label do so through successfully meeting stringent criteria set out by the association and through being licensed to do so.
    19.9.2.2. Sweatshop free and locally made is a movement marked by fair pay and working conditions for Australian textile workers, home workers and other locally employed people.
    19.9. Labelling: The following Labelling is provided as a guide:
    19.9.1. Product of Australia means all the significant ingredients must originate in Australia and almost all the manufacturing or processing must be done in Australia.
    19.9.2. Made in Australia, Australian Made and Manufactured in Australia claims mean the product must be substantially transformed in Australia it must have undergone a fundamental change in form, appearance or nature, such that the product existing after the change is new and different from the product beforehand with at least 50% of production costs incurred here.
    19.9.3. All these claims come under the Competition and Consumer Act 2010. Where you see these claims on products, the manufacturer must meet the Country Of Origin test requirements of the legislation.
    19.9.4. Australian Owned This meaning of this claim doesn’t come under current labelling laws, although there are guidelines in place for its use. According to the Australian Competition and Consumer Commission (ACCC) claims the company has majority Australian ownership.
    19.9.5. NOTE: The ACCC says:
    19.9.5.1. A company claiming to be Australian Owned must prove that at least 51% of its ownership is held in Australia
    19.9.5.2. Full local ownership is required if it claims to be 100% Australian owned.
    19.10. Made in Australia Refer Labelling 19.9.2
    19.11. Manufactured in Australia Refer Labelling 19.9.2
    19.12. Privacy If the Recipient Party receives any Confidential Information that contains personal information (as defined in the Privacy Act 1988), the Recipient Party must:
    19.12.1. Comply with; and
    19.12.2. Do all things necessary to enable the Disclosing Party to comply with its obligations under, the Privacy Act 1988 and the National Privacy Principles (as defined in the Privacy Act 1988) in relation to that information.

19.13. Product of Australia – Refer Labelling 19.9.1
19.14. Web Site refers to site known as http://www.minichemarkets.com.au

  1. GENERAL INTERPRETATION: Unless the contrary intention appears, in this Agreement:
    20.1. References to the singular includes the plural and vice versa;
    20.2. References to person or individuals include a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency;
    20.3. The words include, including are not used as, nor are they to be interpreted as, words of limitation; and
    20.4. Headings are for convenience only and do not affect interpretation.
  2. DISPUTES:
    21.1. Complaints: We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling internal policies and relevant regulatory standards.
    21.1.1. We are exempt from the requirement to hold professional indemnity insurance cover and to have compensation arrangements in place.
    21.1.2. The Australian Securities and Investments Commission has a free Infoline on 900 300 630 for obtaining information about your rights or making a complaint.
    21.2. Submitting a complaint or dispute
    21.2.1. If you have a dispute about a member or a members, you should file a dispute through the individual members contact information provided. As per 1.1 and 1.2 we have no responsibility on faulty workouts and therefore can’t be held responsible.
    21.2.2. If you have a complaint about our Services, or believe your PayPal account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately.
    21.3. Handling your complaints
    We aim to:
    21.3.1. Acknowledge receipt of all complaints within 5 business days.
    21.3.2. Resolve all complaints within 45 days. This may not be possible in all circumstances.
    21.3.3. Where we cannot resolve a complaint within 45 business days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
    21.3.4. If a complaint relates to the limiting of an account, we may request additional documentation from you.
    21.3.5. If you would like to handle a dispute with a member, please refer to the FAQs on the responsible way to handle a dispute and the appropriate measure. If when dealing with a complaint please follow the steps in FAQs How to Handle a Dispute
    21.4. Alternative dispute resolution
    21.4.1. We may consider use of other alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in New South Wales, Australia or another location mutually agreed upon by the parties.
  3. Payments

22.1 Where applicable, pricing of products or services purchased by Users or Members shall be indicated on the Websites and subsequent tax invoice(s) provided by Eternal Fitness Grp to the User or Member.

22.2 Pricing shall be increased by the amount of any GST and other taxes and duties which may be applicable.

22.3 Eternal Fitness Grp uses PayPal and as its online electronic transaction processing system. PayPal have their own Terms and Conditions that can be updated or changed frequently and Eternal Fitness Grp do not have control over their Terms and Conditions. If any money is lost due to PayPal and payment gateways, Eternal Fitness Grp is not liable or responsible for such loss. Notwithstanding this, Eternal Fitness Grp will use reasonable endeavours, but under no obligation, to assist its User or Member to recover such loss.

22.4Pricing of products and services may change in the future and Eternal Fitness Grp will only notify current subscription members in advance, if pricing changes are applicable. Users who are not on subscription will not receive prior notice in relation to changes in pricing.

22.5 Products and services under Eternal Fitness Grp are to be paid up front, or on a month-to-month basis pursuant to Members’ arrangement with Eternal Fitness Grp

22.6 When paying by direct debit or credit card with paypal, it is the Users and Members’ responsibility to ensure there are sufficient funds in Members’ account to cover these charges.

22.7 Subscription payments are by default set to auto-renewal, unless otherwise advised by the Users or Members in writing.

23 Secure Payment Processing

23.1In this clause, ‘you’ means Users, Members or any person who uses the payment system stipulated under clause 4.1 below.

23.2 There is only one secure payment options

23.2.1 If you choose the automatic shopping cart on the website, we use Australia’s leading payment gateway.You can pay by credit or debit card through PayPal.

23.2.2 Should you prefer to pay by direct deposit, please contact Maxmillian Property’s office to minichemarkets@outlook.com.

23.2.3 All prices and payments are in Australian Dollars.

23.2.4 Paypal do have their own fees and charges, this is the responsibility of the store owner to cover any of these fees on any purchase.

23.3  The shipping information you provide throughout the shopping cart is bound by Eternal Fitness Grp Privacy Policy.

23.34 PayPal service is provided by PayPal Australia Pty Limited (ABN 93 71 195 389) which holds an Australian Financial Services Licence number 304962. Please read and consider the Combined Financial Services Guide and Product Disclosure Statement before using the service at https://www.paypal.com/au/