Terms of service

1. Eligibility

You must be at least 18 years old to purchase or use our Services. By using our Website, you represent and warrant that:
i. You are at least 18 years of age;
ii. You have the legal capacity to enter into a binding contract under Australian law;
iii. All information you provide is accurate and complete.
If you are under 18, a parent or legal guardian must purchase the Services on your behalf.

2. Nature of Services

ByMonday PTY LTD provides digital fitness programs, workout plans, training guides, online coaching materials, and educational fitness content. All products are delivered digitally unless otherwise specified.

3. Health and Medical Disclaimer

Our Services are provided for general educational and informational purposes only. You acknowledge and agree that:
i. We are not medical practitioners;
ii. Nothing on the Website constitutes medical advice;
iii. You must consult a qualified healthcare professional before beginning any fitness program.
By participating in any program, you:
i. Voluntarily assume all risks of injury, illness, disability, or death;
ii. Confirm you are physically fit and have no medical condition that would prevent safe participation.
To the fullest extent permitted under Australian law, ByMonday PTY LTD disclaims all liability for injuries or damages resulting from participation in our programs.

4. No Guarantee of Results

We do not guarantee weight loss, muscle gain, strength improvement, physical transformation, or any specific fitness outcome. Results vary based on individual effort, genetics, health status, consistency, and other factors beyond our control.

5. Accounts

You may be required to create an account. You are responsible for:
i. Maintaining the confidentiality of your login details;
ii. All activity conducted under your account;
iii. Immediately notifying us of unauthorised access.
We may suspend or terminate accounts at our discretion.

6. Pricing and Payment

All prices are listed in AUD unless otherwise stated. By purchasing, you agree:
i. To pay all fees at the time of purchase;
ii. That payments are processed via secure third-party providers;
iii. That we may change pricing at any time.
We are not responsible for bank fees, foreign transaction fees, or currency conversion charges.

7. Refund Policy

Due to the digital nature of our products, all sales are final. No refunds will be issued unless required under the Australian Consumer Law. Nothing in these Terms excludes rights you are entitled to under the Australian Consumer Law, including consumer guarantees that cannot be excluded.

8. Intellectual Property

All Website content including programs, PDFs, videos, graphics, branding, logos, and training systems is owned exclusively by ByMonday PTY LTD and protected by Australian copyright laws. You are granted a limited, non-exclusive, non-transferable licence for personal use only. You must not:
i. Share login credentials;
ii. Reproduce or distribute materials;
iii. Resell or commercially exploit content;
iv. Use content for coaching clients unless explicitly licensed.
Unauthorised use may result in legal action.

9. Chargebacks and Payment Disputes

If you initiate a chargeback without first contacting us to resolve the issue:
i. We reserve the right to dispute the chargeback;
ii. Your access may be immediately suspended;
iii. You may be liable for associated administrative fees.
Fraudulent chargebacks may result in legal action.

10. Limitation of Liability

To the maximum extent permitted by law, ByMonday PTY LTD is not liable for indirect or consequential losses, loss of profits or revenue, data loss, or personal injury arising from participation. Where liability cannot be excluded under Australian Consumer Law, our liability is limited to:
i. Re-supplying the Services; or
ii. Refunding the purchase amount.

11. Indemnity

You agree to indemnify and hold harmless ByMonday PTY LTD, its directors, employees, contractors, and affiliates from any claims, damages, liabilities, or expenses arising from:
i. Your use of the Services;
ii. Your breach of these Terms;
iii. Your participation in any training program.

12. Testimonials and Marketing Consent

By submitting reviews, testimonials, or transformation photos, you grant us a royalty-free, worldwide licence to use such materials for marketing purposes unless otherwise agreed in writing.

13. Privacy

Your use of the Website is governed by our Privacy Policy, which complies with the Australian Privacy Act 1988 (Cth).

14. Termination

We reserve the right to:
i. Refuse service;
ii. Suspend accounts;
iii. Terminate access;
at our sole discretion.

15. Governing Law

These Terms are governed by the laws of Australian Capital Territory, Australia. You submit to the exclusive jurisdiction of the courts of Australian Capital Territory.

16. Amendments

We may update these Terms at any time. Continued use of the Website constitutes acceptance of the revised Terms.

17. Contact Information

ByMonday PTY LTD
Email: support@monday-programs.com
ABN: 83695659842