Terms of service
Warning: GritLife and the Content it contains is not intended as a substitute for professional consultation with a qualified medical practitioner. We ask that before relying on any information, opinions or research you may find on GritLife to make your own inquiries and seek professional advice from medical experts. The content provided in our Service is to be seen as general in nature only.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the GritLife application and website (the “Service”) operated by GritLife (“us”, “we”, or “our”).
By using the Service, you (“our user”, “user”) agree to the conditions laid out in our Terms of Service.
These Terms will apply to all visitors, users, and others who access or use the Service through your account or device you access our Service through.
You warrant that you are at least 18 years of age, and you are legally capable of entering into binding contracts. If you are under 18 years, you warrant that you have obtained consent from your parent/s or guardian, and they agree to be bound by these Terms on your behalf.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Your access to the Service is deemed as conditional on your acceptance of and compliance with these Terms. At any time, if found in breach of these terms, we reserve the right to discontinue your access to the Service without notice.
1.1 Our Service allows you to access and read information, text, graphics, videos, and other material (“Content”) provided by us. All Content shared by us as part of the Service to our Users is solely owned by us as intellectual property (“IP”). Through the usage of our Service any Content you may access you agree to be used in noncommercial applications only.
1.2 You represent and warrant, understanding that:
(i) Any content you view or access is the sole IP of GritLife and may not be re-distributed, sold or copied from the Service. Any breach of this clause will be grounds for legal action.
(ii) Any recommendations made through our Content are non-medical and, if at any point, you are uncertain with the details of the Content provided, it is your responsibility to seek advice from a registered medical practitioner.
1.3 You agree and understand that as part of the Service, we are under no obligations to regularly monitor the accuracy or reliability of our Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
1.4 Upon creation of an account with us; unless specified at the start of the Account creation process, all users will be registered in the Service with a Free account (“non-subscriber”, “non-paying user”). As a non-subscriber, you will be given limited access to the Service. Upon upgrading to a Premium account (“subscriber”, “paying user”), you will be given full access to the Service.
2. Accounts & Information Retention
2.1 When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
2.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
2.3 You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.4 The person whose information (e.g. name, email, address or phone number) the GritLife account is registered to shall be the owner of the account (“account holder”). Accounts access must not be shared, and each account holder is responsible for the protection of their own account security.
2.5 Whilst all reasonable care and security will be applied, no responsibility can or will be accepted for any unauthorized access to your account by unapproved parties through illegal means such as hacking or like acts.
2.6 You agree to allow us to retain the Personal and Usage Information we collect as part of our Service to you. This information will be used by Us for the sole purpose of providing the service to you.
4. GritLife Premium and Purchases
4.1 By joining the GritLife Premium Subscription Service (“Premium Service”), the account holder will receive:
Access to featured Coaching and premium content;
Access to activities and programs not available on our Free User account; and
Additional functionality that is not accessible to non-paying users.
These additional features are made available to only account holders who hold an active subscription to the Premium Service.
4.2 Subscription payments will be processed automatically either annually or monthly (“billing cycle”) for a calculated period from the date of upgrade to the GritLife subscription end date (“payment date”) unless cancelled prior to the payment date.
4.3 It is the responsibility of the account holder for the cancellation, management and payment of their GritLife Premium subscription.
4.4 Any additional charges, such as overdrawn accounts and or exceeding credit card limit, will be the liability of the account holder.
4.5 Failure to process, charge or pay subscription payments prior to the payment date will constitute the automatic termination of the Premium Subscription and the subscriber's account will be downgraded to a Free account.
4.6 Your Premium Service may be cancelled by you at any time.
4.7 Your access to the Premium Service will end at the conclusion of your current paid billing cycle (month or year) regardless of the date of cancellation.
4.8 GritLife reserves the right to limit the number of accounts that may be charged to a single credit card or other payment or identification method per unique user.
4.9 GritLife may reject or cancel payments that are deemed to be fraudulent or incorrect.
4.10 All information that the account holder provides in connection with a purchase or transaction or other monetary transaction interaction with GritLife must be accurate, complete, and current. The account holder agrees to pay all charges incurred by users of their credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with GritLife at the prices in effect when such charges are incurred. Account-holders will pay any applicable sales taxes (e.g. GST), if any, relating to any such purchases, transactions or other monetary transaction interactions.
4.11 Please note that GritLife is unable to process refunds for GritLife Premium subscriptions payments once payment has been made and the payment date passed. Therefore, it is the responsibility of the subscriber to cancel, downgrade or inform GritLife of any changes in circumstances prior to the next due payment date.
4.12 GritLife may increase the Service Fees at any time on or after the expiration of the current Term, where applicable.
5. Links to other websites
5.1 Our Service may contain links to third-party websites or services that are not owned or controlled by GritLife.
5.2 GritLife has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that GritLife 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
5.3 We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
5.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
6.1 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
6.2 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
6.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
7.1 As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
7.2 This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
8. Limitation of liability
8.1 You agree that we shall not be liable for any damages suffered as a result of you using the Service, copying, distributing, or downloading Content from the Service.
8.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages) however it arises, whether for breach of contract or in tort, even if we have been previously advised of the possibility of such damage.
8.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
9.1 Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
9.2 GritLife, its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
9.3 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
9.4 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability for or availability of the Content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.
10.1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Any specific exclusions or limitations which may not be permitted in a jurisdiction are formally excluded, but only in respect of that jurisdiction and without affecting those exclusions or limitations which remain in these Terms.
11. Governing law
11.1 These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
11.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 30 days notice prior to any new terms taking effect.
12.2 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
13. Property Rights
13.1 GritLife hereby grants to users a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use GritLife technology, products and services solely for the purpose of accessing and using the Services.
13.2 Users may not use GritLife’s technology for any purpose other than accessing and using the Services within its intended use. Except for the rights expressly granted above, this Agreement does not transfer from GritLife to user any GritLife technology, and all rights, titles and interests in and to any GritLife technology shall remain solely with GritLife.
13.3 Users shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the GritLife.
13.4 GritLife owns all rights, title and interest in and to the Services and GritLife’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Nothing in this Agreement constitutes a license to the user to use or resell the Marks.