TERMS AND CONDITIONS

Last updated: Sept 2021

Update info: Updated list of services

TERMS AND CONDITIONS OF USE

As used throughout Terms and Conditions, the term “Daniel Chapelle” refers to Daniel Chapelle, ABN 37 571 083 450 (Daniel, we, our and us). The Terms and Conditions describe set forth the agreement and service expectations between Daniel Chapelle, inclusive of or website (this “Site”) and each visitor, customer, client, or member that provides information or engages with services provided by Daniel Chapelle. By using this site or engaging in services provided by Daniel Chapelle you agree to all of these Terms and Conditions.

It is important that you read these Terms and Conditions carefully before providing information or engaging with services provided by Daniel Chapelle.

Daniel Chapelle may update or revise these Terms and Conditions at any time, and it is therefore your responsibility to regularly review them. Continual engagement or your usage of services provided by Daniel Chapelle therefore provides acceptance of these changes. It is within your best interest for us to notify or informed you of any changes that occur unless you’ve contacted us requesting otherwise.

1. LICENCE

By the rules set out by this Terms and Condition agreement, you are granted access to personally use (for non-commercial purposes), the website and the services offered by Daniel Chapelle that are non-transferable and are unable to be sub-licensed. This licence shall apply until termination and/or use of the Daniel Chapelle website and all services provided.

2. WEBSITE

These Terms and Conditions lay the rules that govern your right to use our website as well as the purchase of products and/or services by Daniel Chapelle, and/or any links provided on the website to third-party websites.

If any content from our website is downloaded to your devices, you do not then claim ownership rights to such content, in which you agree to not use it for any purposes that are unlawful and/or commercial. You hereby agree that downloading our content is for personal use only and to not be used contrary to the rules set out by these Terms and Conditions.

By downloading any content from our website you agree to not reproduce/modify, distribute/publish/post (in person or via devices), print or otherwise, including to a third-party or otherwise, that would infringe our intellectual property rights. This also includes lending, selling/leasing our information and making it available for access to others without a proper Licence or otherwise.

By using our website you agree that doing so will not violate any laws without limitation including those that govern intellectual property, consumer protection, advertising, privacy and otherwise in any jurisdiction within or outside Australia in which the website or services are accessed via. If these governing laws are inconsistent across jurisdictions, the laws of Queensland, Australia therefore apply in which you agree to abide.

The intellectual property (including without limitation, graphics/logos, photos, texts/scripts, music/sounds, videos, additional feature and otherwise) are owned by Daniel Chapelle and therefore are subject to intellectual property and copyright laws.

3. ELIGIBILITY

Engaging with products and/or services or otherwise with Daniel Chapelle requires/warrants that you are at least 18 years of age and will be responsible for the information provided when purchasing a product or subscription. If you are engaging with products and/or services on behalf of a party who does not meet this age requirement you are representing yourself as the parties legal guardian and are therefore responsible for their compliance with these Terms and Conditions. If the party who is under the age of 18 years old fails to comply with our Terms and Conditions you hereby agree that you will indemnify us of any damages and/or loses that we suffer as a result of their failure.

As such, without limitation, our website and/or services/products are only available to those in which legally binding contracts can be formed under Australian law. At any time and at our sole discretion, Daniel Chapelle has the  right to refuse selling and/or providing services or otherwise to you, including the suspension or termination of your payments/subscriptions. This also applies to situations in which we believe you may negatively impact our reputation or the reputation of others who represent us in the market place (including but not limited to users, members, employees, contractors or otherwise) or are in anyway in breach of our Terms and Conditions.

4. PRODUCTS/SERVICES/PAYMENTS

All products/services of Daniel Chapelle are purchased via our website, or manually directed by us through our third party payment gateway providers. All purchases, whether that be via the website or directly through the third party payment gateway providers, are processed by these third party payment gateway providers. All transactions are managed/processed over SSL and are PCI-Compliant. All payment details and credit card information is stored by Stripe. We do not store your credit card details.

Daniel Chapelle offers the following product/service subscriptions which are governed by these Terms and Conditions:

  • DC DAILY
    • Monthly recurring (on the same day of the month from the date of purchase)
  • ONLINE COACHING
    • Contest Preparation
      • Weekly recurring (on the same day of the week from the date of purchase)
      • Fortnightly recurring (on the same day of the week from the date of purchase)
      • Monthly recurring (on the same day of the month from the date of purchase)
    • Training & Nutrition (Off-season)
      • Weekly recurring (on the same day of the week from the date of purchase)
      • Fortnightly recurring (on the same day of the week from the date of purchase)
      • Monthly recurring (on the same day of the month from the date of purchase)
    • Nutrition Only (Off-season)
      • Weekly recurring (on the same day of the week from the date of purchase)
      • Fortnightly recurring (on the same day of the week from the date of purchase)
      • Monthly recurring (on the same day of the month from the date of purchase)
  • ONE-OFF TRAINING PROGRAM
    • Single upfront payment
  • ONE-OFF NUTRITION PROGRAM
    • Single upfront payment
  • ONLINE POSING SESSION
    • Single upfront payment
  • ONLINE CONSULTATION
    • Single upfront payment

Payments for subscriptions/services must be made in advance to have access to the features of your subscription. Subscriptions are recurring and will be automatically processed on the first day of your next billing cycle unless you’ve indicated otherwise by clicking off the auto-renewal option or cancelling your subscription, both of which are available through the website member dashboard/profile. In addition, if you wish to contact us directly to cancel your membership/subscription you can do so by emailing info@danielchapelle.com

Both subscriptions types have no additional sign up fee or minimum commitment period. Upon cancellation, access to this website and/or services provided by Daniel Chapelle will terminate until the end of your purchased subscription/membership duration. In addition, the cost of subscription will not vary in price regardless of how much or how often you use the product/service/subscription.

There will be no refunds issued for any products/services/subscriptions including for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so. In addition, once the Yearly Membership has been purchased & processed it cannot be changed to a Monthly Membership with the difference in value refunded. Please ensure you’ve chosen the correct membership type prior to purchasing.

Within a grouped subscription (DC ACADEMY) you will be able to switch between payment types (Monthly and Yearly), in which a prorate will apply that takes in consideration the payments already made and the length of subscription to determine how many payments the subscriber needs to make for the new subscription.

Upon payment, we will assume that your payment information is correct and will continue to bill subscription fees/charges relating to your subscription by your nominated payment method. If any fee/charges are not processed for any reason your subscription will be suspended until the payment is made in full. We also have the right to vary the cost of subscription/products/services but only for future billing, given appropriate notice/notification of changes (7-days). If you do not cancel your subscription, you automatically accept the changes made and agree to be charged the new variation of subscription rates.

There will be no free trials available to customers for our services/products.

5. WEBSITE MEMBERSHIP

By engaging with Daniel Chapelle or purchasing products/subscriptions/services from us you hereby agree to provide information that is truthful, accurate and relevant to these being carried out. We have the right to suspend or terminate your subscription including in the circumstance that we discover that at any time you have provided misleading, incomplete or inaccurate personal information.

Upon the purchase of a product/subscription/service you will be given access to  a “customer/member only” email subscription unless you’ve notified us of otherwise in which you can contact us directly to opt-out of. This may include the invitation to join an exclusive third party social media group such as a Facebook group containing other customers/members with the ability to share experiences, knowledge and be a part of a support community. It is within your rights to opt-out of this.

You may be provided with passwords or information to obtain access to private products, email subscriptions, services and otherwise, in which content provided is for your personal use only and is not transferable to any third party. It is within our rights and sole discretion to terminate your access to these, if in our opinion you have conducted yourself in a way that fails your compliance with these Terms and Conditions.

6. THIRD PARTIES

Daniel Chapelle may use third parties to assist in providing services to you including the processing of client registrations and payments. These third parties therefore may have access to your relevant personal information in order to carry out their duty/function. Your personal information cannot be used by third parties for any other purpose or format. Our website may also contain links to other third party websites to conveniently direct you to information we believe may be suitable as a part of your service with Daniel Chapelle. We are not however liable in connection with the use of these third party websites or any of their content. It is strongly recommended that you read the their parties Terms and Conditions as well as Privacy Policy for more information.

7. MEDICAL DISCLAIMER

Exercise is physically demanding and strenuous in nature, and as such, it is your responsibility to be deemed as appropriate for participating in such activities prior to engaging with services provided by Daniel Chapelle. You should not participate in exercise or engage with services provided by Daniel Chapelle if you believe that you suffer from a medical/health condition that may badly affect you, or against the advice of your treating physician or appropriate allied health professional.

It is essential that you seek specialist advice suitable to your circumstance if you have any concerns regarding your health prior, throughout or post your participation in services provided by Daniel Chapelle. All reasonable practice/endeavour is taken to ensure that advice provided by us is safe and suitable, however exercise does carry its own inherent risks to the person participating and includes but is not limited to:

  • Incorrect usage of equipment by you
  • Improper technique executed by you
  • Execution of strenuous movements
  • Physical exertion and increased heart rate
  • Fatigue, frustration, anxiety and pain

In addition, there are other musculoskeletal, neurological, cardiovascular and metabolic inherent risks to exercise which are not limited to bruises, strains, sprains, scratches, abrasions, tears, fractures, breaks, spinal injuries, head trauma, hernia, dizziness paralysis or death.

8. LIMITATION OF LIABILITY

Given the inherent risks associated with exercise and that services provided by Daniel Chapelle are solely based on guiding principles, by choosing to engage with Daniel Chapelle and/or purchasing our products/subscriptions you acknowledge and agree that:

  • Daniel Chapelle or the Service Providers will not be liable for any loss, damage or injury of any kind sustained by you whilst participating in our programs, services, products, subscriptions, or activities suggested by the term (collectively “Program or Plan”).
  • You release Daniel Chapelle and the Service Providers from any and all liability for any loss, damage, injury or expense suffered by your or your next of kin, resulting from your participation in all services provided by us
  • You will indemnify and hold Daniel Chapelle and the Service Providers harmless against any and all liability for personal injury, property damage, hazards and dangers arising from your participation in our services suffered by your or any third party
  • You assume and accept all possible hazards, dangers, risks arising out of your participation in our services including but not limited to personal illness, injury, negligence whether that be economical or property loss, even if the risks are cause or contributed by the negligence of Daniel Chapelle and the Service Providers

You release forever Daniel Chapelle from all and any responsibility or liability for loses, claims or demands that may either directly or indirectly occur as a result of your using the information obtained through services provided by Daniel Chapelle, to the fullest extend permissible by law.

In addition, you hereby release, indemnify and hold harmless the service providers from all or any manner or causes of action, suits, proceedings, dues, debts, contracts, damages, claims, demands, judgements whatsoever in law or equity stemming from these Terms and Conditions.

By participating in services by Daniel Chapelle you agree that you have fully read and agreed to the Terms and Conditions, with an understanding of all of its the contents. You also agree that this release, waiver indemnity clause is intended to be as scoped broadly and inclusive, and if any portion thereof is held invalid or incorrect, it is agreed the balance shall, notwithstanding, continue in full legal force and effect.

9. JURISDICTION

The Terms and Condition that govern your use of our website and/or services provided by Daniel Chapelle are governed by the laws of Queensland, Australia. As such, you unconditionally agree to the exclusive jurisdiction of the law and courts operating in Queensland, Australia and any courts entitled to hear appeal from those courts, therefore waiving any right to object to proceeding being brought in those courts.

Given that our website is accessed both within Australia and overseas, Daniel Chapelle makes no representation that our website of services comply with laws outside Australia. By participating in services or engaging with the website you inherent the risks and are responsible for complying with laws within the jurisdiction from where you access our website or services.

10. CONTACT

For any additional information regarding the Terms and Conditions please contact us via email or by filling out a contact form located on our website.

Email: info@danielchapelle.com