Terms and Conditions

 

  1. Definitions

    For the purposes of these terms and conditions the following definitions apply:
    1. Our, ourselves, us, we, means The Realm which operates under ABN 48 989 651 211;
    2. The Realm as referred to includes all subscriber accessible areas of the website, including but not limited to the members portal, Community Forum, Workouts, Nutrition and other health related information;
    3. Subscription and Subscription Only Access entitles you to use and access the website, Community Forum, workout and programs, information and other such content which may be published and available for access under your subscription. Subscription includes all tenses;
    4. One gender includes each other gender;
    5. Website means collectively the website www.therealm.global including other domains that lead to this page, social media platforms operated by The Realm including but not limited to Facebook and Instagram, YouTube, blogs, workouts and programs (both publicly accessible and Subscription Only Access), programs and or/services offered or provided by The Realm.
    6. Facebook Community means the Facebook Community where registered members are able to communicate together be it on the Website or other third-party platforms including but not limited to Facebook
    7. Licence means the licence granted by us to you governing your use of the Website and services in accordance with these terms and conditions;
    8. Services means any posts including text, video and images posted by or behalf of The Realm on the Website or other such platform, including but not limited to workouts, programs and blogs.
    9. You or yours refers to you, the person accessing the website and agreeing to the Terms and Conditions of your use of The Realm website and contents.
    10. The single includes the plural and the plural includes the singular;
    11. Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors. Where a party consists of more than one person, these terms and conditions bind them jointly and each severally; and
    12. Terms and Conditions means these terms and conditions as amended from time to time.

 

  1. Licence
    1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website.
    2. Licence shall continue until terminated in accordance with this Agreement.

 

  1. Subscription and Access
    1. These terms and conditions govern your right to use the Subscription Only Access of The Realm website and use of the uploaded Workouts, Community Forums, articles and Programs.
    2. You expressly acknowledge that your use of the Website and its services is at your sole risk
    3. Access to The Realm services is by subscription only. This subscription enables access to The Realm website and associated resources.
    4. The Subscription refers to the Trainee program, Achievers Program and/or Leaders Program.
    5. In accessing, subscribing and/or using the Website, including any and all content, information, text and images used on the Website, you are deemed to have read and personally agreed to these Terms and Conditions.
    6. In accessing, subscribing and/or using the Website, you represent and warrant that you are at least 18 years of age and will be responsible for the information provided when subscribing to The Realm. You will indemnify us for any losses or damage that we suffer as a consequence of failing to comply with any of these Terms and Conditions.
    7. If you are subscribing for access to The Realm on behalf of a person who is not at least 18 years of age, you are representing that you are the legal guardian of that person and are therefore responsible for that person’s compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the person who is less than 18 years of age failing to comply with any of these Terms and Conditions.
    8. Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Australian law.
    9. Any password or right given to you to obtain access to any The Realm subscription is not transferable to any third party.
    10. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription and access to the Community Forum. The Realm reserves the right to suspend or terminate your Subscription if we discover that you, at any time, have provided us with false, misleading, inaccurate or incomplete personal information.
    11. In downloading any content from The Realm websites to your computer or other device, you do not receive any ownership rights to such content. You agree that by downloading the content you agree not to use such content for any unlawful purpose and you agree to not use or share our content with others or on any other platform for any commercial purpose or otherwise.
    12. If you download any content from The Realm website, you agree that you will not reproduce, publish in any form, print, upload, modify or otherwise deal with the downloaded content in any form, or provide it to a third party to reproduce, publish in any form, print, upload, modify or otherwise deal with the downloaded content in any form, which would otherwise infringe the intellectual property rights of The Realm and you will be charged appropriately.
    13. Your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
    14. If your Subscription changes throughout a billing period, you will gain and/or lose access to certain Subscription services at the date your current membership expires.
    15. One month, is classified as four-weeks. 

 

  1. Payments
    1. The Realm is a subscription-based service. You agree to pay all subscription fees and costs as they are due.
    2. The Realm reserves the right at any time to change the subscription fees and access levels for use of The Realm website and Community Forum. Changes to fees and access arrangements will be communicated in writing through email and will take effect 2 weeks after published. At the end of this notice period, you authorise The Realm to withdraw the agreed amount.
    3. Payments are charged through a registered credit or debit card. Payments will be made on the cycle as covered by your Subscription at the time payment is taken out. Payments will be done periodically per your selection at the time of subscribing (Payment Cycle).
    4. All costs as advertised will be in Australian Dollars (AUD) if in Australia.
    5. Outside of Australia, all costs are in US Dollars unless otherwise indicated.
    6. You acknowledge and agree that prices will vary depending on the type of The Realm Subscription.
    7. The Subscription duration is for the mandatory period agreed on upon sign up. 52 weeks for the Trainee, Achiever and Leader Prorgram.
    8. Payments will be taken out three days before the new Payment Cycle commences for all memberships.
    9. If your Subscription and Payment change during the previous billing period, you acknowledge that there may be upfront payment of the new Subscription during the previous billing period.
    10. Payments are automatically deducted from your account on your selected Payment Cycle unless you cancel your recurring subscription or there is any payment default.
    11. Any additional purchases through our website can be charged automatically with no refunds.
    12. If your cancellation occurs within the mandatory period of the Subscription, The Realm has the rights to request payment of the remaining subscription payments for the remaining duration of the Subscription.
    13. If any Subscription fees billed are not processed for any reason, we may suspend your Subscription until payment is made in full.
    14. If any Subscription fees billed are not processed for any reason, The Realm will attempt to make payment again after three business days and an email sent notifying of unsuccessful payment. Memberships will not be renewed until payment is made.
    15. The Realm reserves the right to vary the Subscription fee/s from time to time but only for the next and any subsequent billing period. The Realm will give notice of the variation before it will come in to effect and, if you do not cancel your Subscription within 30-days the next payment cycle, you will be deemed to have accepted the variation.
    16. Payment details are taken when signing up and payment for the Subscription will be processed within three business days of purchase with no refund.
    17. Once you purchase one of The Realms subscriptions, you will be deemed to have subscribed to The Realm for the period you have selected. You will be charged for your selected membership three days prior to the expiry of the trial period.
    18. No refunds will be issued on cancellation.
    19. Payments made through the Secure Pay payment platform may be subject to Secure Pay's policies and conditions.
    20. Where we provide access to the Subscription and you claim that you have not received your Subscription access, then you must contact us via email at info@therealm.global within 14 days of the date of Subscription purchase or upgrade for us to investigate your claim.
    21. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

 

  1. Website
    1. All video content accessible on The Realm website and other media platforms including, without limitation, workouts and programs, blogs, text, scripts, graphics, photos, sounds and music, and the trademarks and logos contained are owned, licensed or used with permission to and by The Realm and subject to copyright and other intellectual property rights.

 

  1. Community Forum and Community Forum Management
    1. All subscribers to The Realm will have access to the Community Forum for the duration of their subscription. This Community Forum gives subscribers the ability to access content which includes but is not limited to, workout information, nutrition advice, lifestyle information and a community forum, including live chat during live workout videos.
    2. You agree that The Realm Community Forum provides for public communications accessible only by their chosen subscription to The Realm.
    3. You agree to use the Community Forum and live chat for positive and supportive communications only and will not post or comment, or encourage others to post or comment, any content that could or might be offensive to other users of the Community Forum, either on the Community Forum or otherwise, or The Realm Website, content and/or any individuals representing or affiliated with The Realm.
    4. In accessing the Community Forum, you agree that you will not post any negative, obscene, threatening, harassing, defamatory, abusive or other such language in any form to the Community Forum or live chat or to other members of The Realm community either directly or indirectly.
    5. You agree that you will not facilitate others to post or communicate in any form, any negative, obscene, threatening, harassing, defamatory, abusive or other such language in any form to the Community Forum or live chat or to other members of The Realm community either directly or indirectly.
    6. The Realm reserves the right to delete any comments deemed to breach this content without notice. Behaviours will be assessed on a case-by-case basis.
    7. The Realm reserves the right to remove all members who breach this behaviour from the Community Forum and live chat and, if required, suspend or terminate their subscription without notice. Behaviours will be assessed on a case-by-case basis.
    8. You are liable for any and all content you post on the Community Forum and live chat, or anywhere else on The Realm platform.
    9. Any personal information including but not limited to images and text is posted at the user’s own risk. The Realm is not liable for any unauthorised access or publication to or of this information.

 

  1. Privacy/ Third Party Access
    1. We may use third parties to assist us in providing The Realm services to you, including but not limited to payment providers and expert information. These third parties may have access to certain personal information required to perform their function within The Realm and for no other purpose.
    2. The Realm website may from time to time contain links to other third-party websites and platforms. These links are in no way affiliated with and The Realm has no liability with respect to your use of any such third-party website or any content posted or published on that third party website. We encourage The Realm subscribers to read any terms and conditions or policies available on any third-party website you visit.
    3. All information you provide to The Realm will be kept and stored in a database based in Australia.
    4. All payment credentials are held and stored by the Secure Pay platform, or other third-party payment providers.

 

  1. Termination
    1. Your subscription renews automatically unless you opt out by cancelling your recurring order through The Realm website, or by talking to a member of The Realm organisation.
    2. We require 30-day’s notice prior to the cancellation of the Achievers and/or Leaders Program.
    3. You may cancel your recurring order to The Realm at any time by activating the unsubscribe function available through your log in account. Payment for the Payment Cycle will be taken in full if you cancel inside 30-days of the Subscription Renewal date. Further payments will not be withdrawn.
    4. We can cancel your recurring order and access to The Realm if we believe you have breached any of the Terms and Conditions or have facilitated or assisted another, including any third party, in any unlawful activity or breach of these Terms and Conditions. We are able to take any other action necessary to enforce the Terms and Conditions.
    5. If payment is not made by the due date, you will be sent a notice of default of payment with three days to rectify payment issues. If payment is not or cannot be made in that three-day period, your Subscription will automatically terminate.
    6. Subscriptions terminated by way of cancelling your recurring order or payment default will be able to be reinstated at any time.
    7. Recurring orders terminated due to breach of these Terms and Conditions or through action taken by The Realm will have any requests for reinstatement assessed by The Realm before allowing reinstatement. Such requests are required in writing to The Realm administrative email address and will be assessed on a case-by-case basis. The Realm reserves the right to accept or reject any applications for reinstatement.
    8. Lifetime Access to trainee program can be adjusted at any time.

 

  1. Risk and Limitation of Liability
    1. Subject to legal rights which cannot be excluded, including but not limited to statutory consumer protection legislation, in no event shall we be liable to you for any injury or incidental damages whatsoever, including damages for loss of income, data, personal injury or consequential damages, except to the extent not permitted by law.

 

  1. Medical Disclaimer
    1. The Realm is not a medical organisation and does not and cannot give or purport to give any medical advice or assistance in any form. Nothing on The Realm website or associated platforms or content should be taken or understood to be medical advice or assistance and should not be interpreted as a substitution or replacement for any other medical advice or assistance, or used or referred to instead of seeking appropriate medical advice or assistance from qualified medical practitioners.
    2. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in your personal circumstances, you should use and access The Realm website and associated content. It is your responsibility not to participate in any The Realm sessions if they may adversely affect any medical condition you have.
    3. We encourage all The Realm subscribers to seek independent and appropriate medical advice or assistance before commencing The Realm programs or implementing any of The Realm services.
    4. You agree that The Realm warrant or make any representations about the contents, products, services or offers referred to in the Website and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website, Workouts and Programs and/or services including but not limited to nutritional information and health advice, is at your sole risk.
    5. By subscribing to The Realm, you represent to The Realm that you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of The Realm website. You access and use The Realm website at your own risk and The Realm is not liable for any sickness, injury or death to you as a result of yours or others use of The Realm website.
    6. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

 

  1. Rights to Modify
    1. The Realm and any third party contracted by The Realm reserves the right to amend, modify, change, adapt or alter in any way the delivery and content of The Realm workouts, Community Forums, advice and any other information published on The Realm website and other digital platforms as we see fit.
    2. We will publish any intended changes to any of The Realm services on The Realm website and you will be deemed to have accepted such changes based on your continued use of The Realm website following the publication of these changes on the Website.

 

  1. Jurisdiction and Dispute Resolution
    1. This agreement is governed by the laws of Queensland, Australia.
    2. If any dispute occurs between us, we will act in good faith in effort to resolve it through direct negotiation with you. If this is not successful, either party may require that the despite is referred to mediation.
    3. Any dispute that is not resolved by negotiation or mediation be will be resolved by a court.
    4. If any of these Terms and Conditions is held by a court to be unenforceable or invalid, the remaining provisions will continue in effect.

 

  1. Indemnity
    1. You agree to indemnify The Realm to the full extent needed from any and all third-party claims, liabilities, costs, expenses that we may occur or suffer as a result of your improper or illegal use of The Realm website and/or from your breach of any of the Terms and Conditions and/or any activity done by you which facilitates or supports a third party in causing any loss or damage to The Realm.
    2. You are liable for all content posted by you in The Realm Community Forum.
    3. You are required to exercise due care to conform to any Australian laws with respect to publication, broadcasting, media, advertising and social media legal considerations as they may arise or apply to you regarding any content you post on the Community Forum or website or by any of your actions or conduct.
    4. You agree to indemnify The Realm for any claims, losses, liabilities, costs or expenses incurred by us to the extent that you cause or contribute to such claims, losses, liabilities, costs or expenses.

 

  1. Limitation of Liability
    1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
    2. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any services or activities suggested by or on The Realm website for:
      1. death;
      2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
      3. the contraction, aggravation or acceleration of a disease; and
      4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
        1. that is or may be harmful or disadvantageous to you or the community; or
        2. that may result in harm or disadvantage to you or the community, resulting from The Realm Website or services.

 

  1. General
    1. These terms and conditions are subject to change. If amended, you must agree to any amended terms and conditions before access to The Realm website and associated content is given.
    2. Any failure or delay by The Realm to exercise a power or right we have under the terms and conditions does not amount to a waiver of that power or right and does not preclude The Realm from exercising that power or right at a later date.
    3. All information provided by The Realm on the Website or any other platform is provided in good faith. You acknowledge that the information on the Website may not be the most current knowledge.
    4. To the extent permitted by law, The Realm does not make any representations or warranties that any information we provide is reliable, accurate or complete and make no guarantees of any specific result from use of The Realm services or the information provided. The Realm is not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.