PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Nexus Active and NexusActive.com’s relationship with you in relation to your use of this website and/or the services, programs, information, recomendations and advice offered on this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “I”, “Me”, “Us”, “Our”, “We”, “Nexus Active” and “NexusActive.com” are used interchangeably, these shall be used to reference Nexus Active, NexusActive.com, as well as their owner, associates, affiliates, managers, Personal Trainer/s and employees. “You” and “Your” refers to you, the client, visitor, website user or person using our website and/or any associated goods, services,  products or information.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website and/or the services offered by us, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and NexusActive.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that NexusActive.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information, services or materials, on this website or whether this is verbally, in written form, received in person, through email, social media or through the phone, is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website or other means provided by us, meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

NO MEDICAL ADVICE

The contents, materials and information that we make available via the NexusActive.com website and/or Nexus Active Personal Training 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. We also ask that you consult a health care professional and/or your physician for specific diagnosis and recommendations about your medical condition. Always ensure that you immediately call your doctor or 000 if you have or think you may have a medical emergency.

You agree to accept all the risks relating to the use of or reliance on any information provided by Nexus Active and/or on the NexusActive.com website, and to indemnify us from any cause of action that may occur in relation to any reliance on content obtained from us and/or our website.

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 Nexus Active 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.

ASSUMPTION OF RISK

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

You also accept that your training regime may involve demanding bodyweight exercises, weightlifting, or other high intensity exercises.  You also understand that you have the choice of declining to participate in any exercise that you do not wish to do. 

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.

 

YOUR AGREEMENT

By reading, accepting and agreeing to these Terms and Conditions, you acknowledge that the training and nutritional protocols found on this website is the property of Nexus Active, NexusActive.com and Glen Rienecker himself and all copyrights are reserved. You agree to provide only truthful and accurate information about yourself anytime that you complete any documentation that Nexus Active makes available to you. You agree to the way that Nexus Active 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. 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 Nexus Active, NexusActive.com and Glen Rienecker himself.

You understand and agree that that it is your responsibility to complete the Adult Pre-Exercise Screening System (APSS) questionnaire, to consult an Allied Health Practitioner/Doctor and get their Approval (if applicable), before commencing any new exercise or nutritional program. You certify that you are of adequate physical condition to participate in physical exercise.                     

You agree that you will disclose to the Trainer/Nexus Active whenever suggested activities cause distress beyond your threshold. You understand that you have control of the Training Sessions that you are participating in and that you may terminate a particular exercise or Session at any time. Further to this you understand that it is your obligation to inform the Trainer/Nexus Active of any symptoms such as fatigue, shortness of breath or chest discomfort. You will cease training/nutrition programs immediately and seek medical attention should you feel ill or unwell at any point. You understand that you must notify us immediately if there are any changes to your health or the onset of injury.

You understand and agree that the Nexus Active Trainer can terminate a particular exercise or Training Session at any time if the Trainer believes that you are not in suitable condition for exercise.                                                       

You hereby agree that under any circumstance you have a medical condition arise during a training commitment period, you are to seek a medical certificate from your doctor stating you're unable to continue your coaching service with Nexus Active. You understand and accept that Nexus Active, NexusActive.com and Glen Rienecker himself cannot be held responsible for any injuries, conditions or illness potentially acquired when performing any of these programs without direct, in-person supervision. You certify that you will not hold the Trainer/Nexus Active liable for any physical injury, whether minor, severe, or otherwise that result from Training Sessions.                                                                                                                                                                                                                                 

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. While we fully believe exercise, specifically exercise personalized to the client, is beneficial to the client’s health and wellness, we cannot guarantee the results of any of these. Nexus Active makes no representations and/or warranties that you will lose weight, gain muscle mass, be able to engage in any specific physical and/or athletic activity or will attain any other particular and/or specific results. You understand that results are individual and may vary.

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.

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

 You agree that once you have physically or verbally received, downloaded, opened and/or saved any article, advice, information, video or other content from this website, you will not replicate, copy, screen shot and 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. You agree that once you have physically or verbally received, downloaded, opened and/or saved any content, recommendations or products from Nexus Active, 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. 

You hereby give permission to Nexus Active to use any of your photos or written information for promotional purposes. If you do not wish for Nexus Active to use your photos or information in this manner, you acknowledge that it is your responsibility to inform us with a written email stating this to be the case (send to admin@nexusactive.com).

You agree that for each Training Sessions, you will bring/have a water bottle and towel and wear appropriate clothing and footwear for exercising.

You agree that if you are late for a Training Session, the Session time may be cut short and the full fee will still apply, unless other arrangements have been previously made with the Trainer. If the Trainer is late for a Training Session, the time will be made up at the end of the Session or a subsequent Session.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), NexusActive.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of NexusActive.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

NexusActive.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of NexusActive.com.

For all of our products that are digital in nature, we will deem them to have been used after you have viewed, downloaded and/or opened them. This means that we do not offer refunds on such goods and services. 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.

PAYMENTS AND PAYMENT PLANS

If you're about to undertake Personal Training Sessions , you will either pay in full at least 24 hours before your first Training Session or if you have chosen a payment plan, your first payment must be paid at least 24 hours before your first Training Session and your remaining payments will be deducted weekly until the full amount has been paid. You understand that your contract term (“Valid for” period) is relative to which package you have chosen. You understand that any Training Sessions not used within the “Valid for” period, will be forfeited by you.   

If you're about to undertake a Online Coaching Subscription with Nexus Active, you will either pay in full at least 24 hours before your first Training Session or if you have chosen a payment plan, your first payment must be paid at least 24 hours before your first Training Session and your remaining payments will be deducted either weekly or monthly, according to the plan that you have chosen. You understand that there is a minimum subscription period of 3 months when initilially signing up.  You understand that your subscription will automatically continue as soon as the  initial 3 months subscription ends, and your payments will continue to be deducted as per usual, until such a time that you request by email (admin@nexusactive.com) to cancel your subscription. You understand that at least 7 days notice must be given prior to your next payment being due. You may notify of your request to cancel via the Nexus Active App, but please be aware that you may be asked to confirm it by email. You understand that once you cancel your subscription, if you wish to subscribe again at a future date, you may be required to commit to a minimum of 3 months again, up to the discretion of Nexus Active and it's reprasentative/s. You understand that your contract term (“Valid for” period) is relative to which package you have chosen. You understand that any Training Sessions not used within the “Valid for” period, will be forfeited by you.

 

If you're about to undertake The Temple Builders Blueprint Subscription with Nexus Active, you will either pay in full at least 24 hours before your first Training Session or if you have chosen a payment plan, your first payment must be paid at least 24 hours before your first Training Session and your remaining payments will be deducted either weekly or monthly, according to the plan that you have chosen. You understand that there is a minimum subscription period of 3 months when initilially signing up.  You understand that your subscription will automatically continue as soon as the  initial 3 months subscription ends, and your payments will continue to be deducted as per usual, until such a time that you request by email (admin@nexusactive.com) to cancel your subscription. You understand that at least 7 days notice must be given prior to your next payment being due. You may notify of your request to cancel via the Nexus Active App, but please be aware that you may be asked to confirm it by email. You understand that once you cancel your subscription, if you wish to subscribe again at a future date, you may be required to commit to a minimum of 3 months again, up to the discretion of Nexus Active and it's reprasentative/s. You understand that your contract term (“Valid for” period) is relative to which package you have chosen. You understand that any Training Sessions not used within the “Valid for” period, will be forfeited by you.

 

If you're about to undertake a Nexus Active Training App Membership with Nexus Active, your first payment must be paid before your first Training Session and your remaining payments will be deducted monthly.  You understand that your minimum commitment is the duration of one month and is paid by you on a month by month basis. You understand that any Training Sessions and/or Programs not used within the Membership period, will be forfeited by you.

If you're about to undertake a Challenge with Nexus Active, you will either pay in full at least 24 hours before your first Challenge Session or if you have chosen a payment plan, your first payment must be paid at least 24 hours before your first Training Session and your remaining payments will be deducted weekly until the full amount of the chosen package has been paid.  You understand that your minimum commitment is the duration of the Challenge that you have chosen and/or you're participating in. You understand that any Challenge Sessions not used within the Challenge period, will be forfeited by you.

You understand that if your weekly direct debit payment fails, you authorise Nexus Active and/or Stripe debit to resubmit the payment immediately to fulfil the payment obligation of such coaching services. Nexus Active may terminate your contract (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. You understand that due to failure regarding payment obligation, you authorise 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.

GUARANTEED PRICE

The pricing quoted in the training package/plan/subscription/membership/challenge that you choose, will remain Valid for the entire "Valid for" period of that package/plan/subscription/membership/challenge,  regardless if  any changes are made to the packages/plans/subscription/membership/challenges and prices offered by Nexus Active during your "Valid for" period. Any discount is only valid for the period of that discount, after which, you will pay the normal price at the time of initiating the training package/plan/subscription/membership/challenge that you chose.

CANCELLATION OF TRAINING SESSIONS

You shall provide twenty-four (24) hour notice of any necessary cancellation of a scheduled Virtual/Online Training Session, Live Video Coaching or Video/Phone Call/Chat. Failure to provide twenty-four (24) hour notice shall result in you being charged the full rate for the cancelled/missed Training Session,Live Video Coaching or Video/Phone Call/Chat. Nexus Active will endeavor to also provide you with twenty-four (24) hour notice of any scheduled Virtual/Online Training Session, Live Video Coaching or Video/Phone Call/Chat that may need to be cancelled. Failure to provide twenty-four (24) hour notice shall result in you receiving an additional free Virtual/Online Training Session, Live Video Coaching or Video/Phone Call/Chat to be arranged for a convenient time for both you and the Nexus Active Trainer which must be used before the end of the Valid For period or it will be waived. In the event of either Nexus Active or you providing at least twenty-four (24) hour notice for a cancellation of a Virtual/Online Training Session, Live Video Coaching or Video/Phone Call/Chat the Session will be rearranged for a convenient time for both you and the Trainer.

TERMINATION

Nexus Active or you may terminate your chosen training package/plan/challenge upon seven (7) days prior written notice to the other Party. You are to notify Nexus Active by written notice to admin@nexusactive.com, we shall notify you with written notice to your email that you have supplied upon registering for your package/plan/challenge. In the event of termination by Nexus Active, then we shall refund to you all monies paid for any unused Training Sessions after that seven (7) days. If the event of termination by you, then you understand that payments that you have already paid are non-refundable and the weekly payment deductions will continue during that seven (7) days. However, sessions may be suspended at the discretion of Nexus Active for a maximum of 12 months from the start date. Remaining sessions can also be transferred to another client of your choice.

You understand that if you want to terminate your Online Coaching Subscription or The Temple Builders Blueprint subscription, you can only do so after a minimum of 3 months or if you experience serious medical condition/s that makes it impossible for you to continue training. You must request by email (admin@nexusactive.com) to cancel your subscription.    You understand that your subscription will automatically continue as soon as the  initial 3 months subscription ends, and your payments will continue to be deducted as per usual, until such a time that you request by email (admin@nexusactive.com) to cancel your subscription. You understand that at least 7 days notice must be given prior to your next payment being due.You understand that at least 7 days notice must be given prior to your next payment being due. You may notify of your request to cancel via the Nexus Active App, but please be aware that you may be asked to confirm it by email

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 Nexus Active.

LINKS TO OTHER WEBSITES

NexusActive.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between NexusActive.com and the owners of those websites. NexusActive.com takes no responsibility for any of the content found on the linked websites.

NexusActive.com’s website may contain information or advertisements provided by third parties for which NexusActive.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, NexusActive.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. NexusActive.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of NexusActive.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At NexusActive.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. NexusActive.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

NexusActive.com may be required, in certain circumstances, to disclose information in good faith and where NexusActive.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of NexusActive.com. NexusActive.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then NexusActive.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. NexusActive.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

NexusActive.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Nexus Active (and NexusActive.com) concerning your use and access to NexusActive.com’s website and your use and access to the documents, information, programs, products and services on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

JURISDICTION

This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and NexusActive.com that results in litigation then you must submit to the jurisdiction of the courts of QLD.