Welcome to Raw Lifestyle (RAW), a trusted online platform that provides fitness seekers (members) with a more effective way to easily search, connect and book qualified and trusted personal trainers (Trainers) for local or online sessions. At the same time, we offer Online Exercise & Nutrition Programs, equipment and apparel.
These Terms and Conditions (the T&Cs) bind you or the entity you represent to the terms and conditions set forth herein when you use or access the RAW Website or any of our services. If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.
1. Acceptance of Terms and Conditions
a. This legally binding Agreement is a contract that sets out the terms of your use of our Website associated Services, whether you are a registered member or trainer, or just a visitor to the site seeking information.
c. We may modify this Agreement from time to time. Modifications are effective upon posting on our Website.
d. If you wish to receive this Agreement in non-electronic form, send us a written request and self-addressed stamped envelope to: MG RAW LIFESTYLE, PO Box 2187, CLOVELLY WEST NSW, 2031.
a. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian.
b. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement.
c. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. How it works
a. When visiting our website visitors may be prompted to register with us, in order to get access to the site and its goods and services.
b. When registering as a member, you will create a user name and password. You are responsible for maintaining the confidentiality and security of your login and password details.
c. In order to utilise the full suite of on-site functionality and benefits such as the Online Exercise & Nutrition Program, members can submit further information which may include but is not limited to your name, contact details and credit card details.
d. Membership is non-transferable.
e. Members can send an on-platform message/ enquiry to Raw Lifestyle who will connect members with a suitable trainer to ask questions or organise tailored sessions if required.
f. When purchasing a product or service the price for the product or service becomes due immediately and must be paid through our online payment facility.
g. When purchasing a tailored program, both parties, member and trainer, must find agreement on the detailed conditions of the tailored service beforehand.
h. Both, trainer and member will receive confirmation of the booking and contact details for outside of platform communication where required within a tailored program.
4. Independent Contractor Status
a. Our Services are separate and distinct from the services of the Trainers. You acknowledge that Trainers are not employees or agents of Raw Lifestyle but are independent contractors who operate a separate and distinct business from Raw Lifestyle.
b. As such, we do not endorse or control the Trainers, the manner or method of service to you, exercise no control over your working relationship with the Trainers and do not warrant your safety or the service of any Trainer. We urge all users of our Services to be responsible and careful about their use of our Services, any transaction entered into as a result of our Services and interactions with Trainers.
5. General Disclaimer
a. We disclaim all, and assume no responsibility for:
i. Evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the listings or of any information posted or provided by a trainer or a member;
ii. Ensuring a trainer’s or member’s compliance with any applicable laws, rules and regulations of this Agreement;
iii. We have not inspected the location where any instruction will be provided;
iv. We are not responsible for the conduct, whether online or offline, of any user of our Services;
v. Under no circumstances will we or any of our employees, officers, contractors, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to users, or any interactions between users of our Services, whether online or offline;
vi. Refer to section 13 for matters concerning your interactions with trainers or other members and our limitation of liability;
vii. We cannot guarantee and do not promise any specific results from use of our Services.
b. Some of our Services may require members to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.
c. Our Services may give you access to links to third-party websites ("Third-Party Sites"), either directly or through Providers. We don’t endorse any of these Third-Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Sites.
d. It is possible that other users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services.
6. Warranty Disclaimer and Refund Policy
a. Our website, content, submitted content, products, services and any other materials made available on or through the use of our services are provided ‘as is’, without any warranties of any kind and, to the fullest extent permissible under applicable law, we hereby disclaim all such warranties, express or implied, including but not limited to fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
b. We encourage our members before they purchase products or services through our portal, to clarify any questions they may have in relation to the goods or services they wish to purchase. All of our digital products are deemed "used" once downloaded or opened. This means we have a strict no refund policy in regards to dissatisfaction with the product or service.
c. No refund is given to a membership account unless Raw Lifestyle is unable to deliver or provide the Online Exercise and Nutrition Program, in which case Raw Lifestyle may cancel your order and refund the purchase price.
d. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control.
7. Code of Conduct
While using our Services you agree not to:
a. Use our Services for any unlawful purpose;
b. Express or imply that any statements you make are endorsed by us, without our prior written consent;
c. Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
d. Engage in spamming or flooding;
e. Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
f. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
g. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
h. Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;
i. "Frame" or "mirror" any part of the Website or our Services without our prior written authorization;
j. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
k. Harvest or collect information about Website visitors or Members without their express consent;
l. Create more than one active profile without our express written consent;
m. Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password;
n. Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
o. Transfer your account or user ID to another party without our consent;
p. Be disruptive in any session;
q. Solicit any trainer or user to work with or for another company for employment, independent contracting services, performances, or other service; or
r. Engage in any communication related to sexual conduct, nudity, or which expresses profanity.
s. You are responsible for any and all activities on this Site which, occur under your login and password.
a. Product and service prices vary by product/service and/ or trainer and are subject to change at any time.
b. Pricing will be set at what the product/ service was advertised at the time of acceptance.
c. Members and trainers are obligated to honour the prices established at the time of payment.
d. If a tailored training program is booked, both, trainers and members will receive confirmation of the booking and contact details for outside of platform communication.
e. Payment for a product or service is a one-off payment. The associated transaction will occur at the time of the purchase through the website.
f. A training program will begin the Monday following the purchase unless otherwise agreed with Raw Lifestyle.
g. An ongoing membership must be paid monthly by direct debit until the contractual ending of the membership.
a. This Agreement will remain in full force and effect while you use our Services and/or are a member, trainer or visitor. If you wish to terminate an existing contract or your membership, a 30-day notice must be given in writing to Raw Lifestyle at:
PO Box 2187
Clovelly West NSW 2031
A minimum of 3 months must be completed.
b. To help us analyse and improve our Services, you may be asked to provide a reason for your resignation/cancellation.
c. We may terminate your membership and/or subscription at any time through notice to your email address on file.
d. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
e. All decisions regarding the termination of accounts shall be made in our sole discretion.
f. We are not required to provide you notice prior to terminating your membership.
g. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.
h. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
a. During the term of this Agreement and for one year thereafter, no member/ trainer shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any user/ member introduced by us through our Services, without our consent.
b. In case of such circumvention, such user agrees and guarantees that such user will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.
11. No Non-Permitted Use by Members
a. Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion.
b. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
12. Account Security
a. You are responsible for maintaining the confidentiality of your username and password.
b. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Raw Lifestyle Account, whether or not you have authorized such activities or actions.
c. You agree to:
i. immediately notify us of any unauthorized use of your username or password or any other breach of security, and
ii. ensure that you exit from your account at the end of each session.
iii. we will not be liable for any loss or damage arising from your failure to comply with this provision.
iv. you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
v. if you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your Raw Lifestyle account.
13. Your Interactions with Trainers or Other Members and Our Limitation of Liability
a. You are solely responsible for your interactions with Trainers and other members. You understand that not all trainers on the website have background checks and that we do not perform background checks on members.
b. We make no representations or warranties as to the conduct of trainers or their compatibility with any current or future member.
c. Raw Lifestyle will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Raw Lifestyle be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Raw Lifestyle will not be liable for those costs.
d. Where liability cannot be excluded, any liability incurred by Raw Lifestyle is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
e. Assumption of risk - you agree that if you engage in any physical exercise or activity, including a personal/ tailored training program, or use any equipment purchased from our website, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any equipment (including faulty equipment), whether provided to you by us or the Trainer or otherwise, including injuries or damages arising out of the negligence of the Trainer, whether active or passive, or any of our affiliates, employees, agents, representatives, successors, and assigns. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, or any other sporting or recreational endeavour. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Trainer or otherwise.
f. You agree that it is your responsibility to:
i. seek medical advice from a medical practitioner prior to engaging in physical exercise in particular when a pre-existing medical condition is known, you are pregnant or are in any way in doubt of your fitness to participate;
ii. obtain adequate insurance to ensure that you are covered for any loss or damage, personal injury, death, judgements, cost of litigation, attorney fees, economic loss or consequential loss arising as a result of your participation in Training or related activities.
g. Refer to section 22 for matters concerning release and indemnification;
14. Content within our Services
a. The Website and our Services contains the copyrighted material, trademarks, and other proprietary information of Raw Lifestyle, and its affiliates.
b. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
c. Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
15. Content Posted by You
a. As a user, you may be able to post content, including uploading videos, photos and providing reviews of trainers, products and services. You are solely responsible for the content that you publish or display using our Services, or transmit or display to other users.
b. You will not post on the Website or Service, or transmit or display to other users, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
c. By posting Content using our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
16. Modification to Services
a. We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.
b. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
c. Notification of changes to our Services may be posted within your online account, on the Website or communicated through our Services.
17. Copyright Policy
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact Raw Lifestyle immediately.
18. User Disputes
a. You are solely responsible for your interactions with other users.
b. We reserve the right, but not the obligation, to monitor disputes between you and other users.
19. Privacy and Communications
b. When you become a user and/or create an online account with us, you agree and consent to receive email messages from us.
c. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
a. Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
b. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
21. Governing Law
a. You agree that except to the extent inconsistent with or pre-empted by federal law, the laws of the State of New South Wales, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Raw Lifestyle, except as otherwise stated in this Agreement.
b. you agree that any claim or dispute that has arisen or may arise between you and Raw Lifestyle must be resolved exclusively by a state or federal court located in Sydney, New South Wales.
c. You and Raw Lifestyle agree to submit to the personal jurisdiction of the courts located within Sydney, New South Wales for the purpose of litigating all such claims or disputes.
22. Release and Indemnification
a. In the event that you have a dispute with one or more users of our services (including but without limitation, any dispute between trainers, members and/or other users regarding any transaction or user contributed content) or any third party website that may be linked to or from or otherwise interact with our services, including without limitation any social media site, you hereby agree to release, remise and forever discharge Raw Lifestyle and our respective agents, directors, officers, contractors, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website and our services.
b. You hereby agree to indemnify, defend and hold Raw Lifestyle and our respective agents, directors, officers, contractors, employees, and all other related persons or entities harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the website, our services or otherwise relating to the business we conduct (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf or posted by other users of your account to the website, any use of any services or service provided by a third party provider, any use of a tool or services offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys' fees and costs.
c. You agree on behalf of yourself and all your personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge Raw Lifestyle and our respective agents, directors, officers, contractors, employees, and all other related persons or entities from any and all claims or causes of action (known or unknown) arising out of the negligence of a Trainer, whether active or passive, or any of a Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment you purchased through our website, which may malfunction or break, (b) negligent instruction or supervision, including training programs and tailored training, (c) negligent hiring or retention of trainers, and/or (d) slipping or tripping and falling while on any portion of premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises used during training sessions.
d. You shall cooperate as fully as reasonably required in the defence of any claim.
e. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
f. This section survives termination of this agreement.
a. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party.
b. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement.
c. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect.
d. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, shall survive termination of this Agreement.
e. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services.
f. This Agreement is binding on the parties hereto and their successors and assigns.