No warranties

This website is provided “as is” without any representations or warranties, express or implied. First Wave Fitness makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, First Wave Fitness does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

First Wave Fitness will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if First Wave Fitness has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit First Wave Fitness’ liability in respect of any:

  • death or personal injury caused by First Wave Fitness’ negligence;
  • fraud or fraudulent misrepresentation on the part of First Wave Fitness; or
  • matter which it would be illegal or unlawful for First Wave Fitness to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that First Wave Fitness has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against First Wave Fitness’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect First Wave Fitness’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as First Wave Fitness and First Wave Media Pty. Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

The information on this Web site is designed for educational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor or health professional. Please consult a doctor or health professional with any questions or concerns you might have regarding your or someone else’s condition.

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 Posted on : October 17, 2013
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