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Woodford Online Pty Ltd: Terms and Conditions of Service

Last Updated: October 23rd 2018 (V.2)

Introductory Statement

These Terms and Conditions of Service govern the use of all Woodford Online Pty Ltd (ABN: 31 616
892 767: “WOL”, “Woodford Online” or “The Business”) services. Please endeavour to read these
terms carefully as they ultimately define your rights and liabilities under law.
If you do not agree to these Terms and Conditions of Service, please do not take action on WOL
products, content and recommendations.
For details surrounding our Privacy Policy please see “WOL Privacy Policy” document under “Shared
Documents” in your homepage, or visit our website, www.woodfordssc.com.
All Woodford Online Performance Coaches are qualified to prescribe exercise programs to our
clients. Woodford Online Performance Coaches and employees are not deemed qualified to give
medical advice. Especially considering the lack of physical contact between client and coach that
exists in Online Coaching, we highly recommend all users of our services seek medical clearance
prior to beginning any program or recommendation.
1. General
1.1. Woodford Online is committed to servicing the individual needs of each of WOL’s clients
through tailored exercise (strength and conditioning) programs. It is our priority to see each
individual client physically develop and move toward their performance and sporting goals.
1.2. Woodford Online delivers this service through providing 1 on 1 online coaching
communication, exercise programing and prescribing regular testing. WOL employs the use
of the TrueCoach web/iOS application to implement their primary service.
1.3. These Terms of Service will apply to all users (“you”) of the online coaching service, and all
other instruction-based products.
1.4. By purchasing a coaching plan, or any other product from us, you agree to abide by these
Terms of Service as law.
1.5. Please note that these Terms of Service may be amended on occasion. In this event our
online version will be updated and notification of changes will be given to all current online
coaching clients via email.
2. Products and Services
2.1. Woodford Online offers the following products and services:
a. Online coaching plans (strength and conditioning programs)
b. eBooks (including training guide’s)
c. Video series’ and exercise demonstration videos
2.2. Woodford Online does not give out generic programs to its clients. All programs are created
to suit the needs of every client as an individual.
3. Fees
3.1. For any online coaching program and product there is a fee incurred. The fee will always be
clearly visible upon purchase. We do not have any:
a. Hidden fees
b. Lock in contracts
c. Mandatory reoccurring payments
3.2. Woodford Online initially utilises the service of “www.wufoo.com” for online coaching
payments and data collection (see 4.3). We have Paypal integrations set up through
Wufoo.com, and all initial payments for online coaching plans will be done through Paypal.
3.3. From here, athletes may choose between the follow 2 payment methods. The athletes’
Coach will discuss with them which option they wish:
a. Re-occurring payments through Paypal (every 1, 3 or 6 months)
b. Receiving a Paypal invoice for each new training period (1, 3 or 6 month)
3.4. All online coaching plans must be purchased in advance (ie. before beginning the training
period). You can choose to pay for 1, 3 or 6-month plan options.
3.5. Paypal automatically calculates currency exchanges therefore all forms list $AUD pricing.
4. Registration
4.1. Registering (or signing up) for online coaching plans are done through the following form:
“https://woodfordssc.wufoo.eu/forms/wssc-online-coaching-sign-up-form/”.
4.2. After registering and confirming payment for an online coaching plan through wufoo.com,
you will be contacted by your WOL Coach and a TrueCoach account will be created. You’ll need
to check your email and create a password for your TrueCoach account. Before we prescribe
training, your coach will contact you for a consultation and you will be asked to sign
(through eSignature technology) our Online Waiver & Release of Liability form. This form
will be sent to the Athlete via the TrueCoach web application private message as soon as the
account is created.
4.3. Upon registration we will collect some personal information of yours including, but not
limited to; full name, timezone, email, sex and phone number. For more information please
see “WOL Privacy Policy”.
5. Deferral
5.1. A deferral is defined by a postponing of the online coaching plan.
5.2. Deferrals are permitted for users of Woodford Onlines’ online coaching plans as we
understand there are always unforeseen circumstances that may arise in an individual’s life.
As an online coaching plan client you are entitled to the following deferrals:
a. 1 month plan = maximum of 1 week (7 days)
b. 3 month plan = maximum of 3 weeks (21 days)
c. 6 month plan = maximum of 6 weeks (42 days)
5.3. Deferrals can be for any reason from personal, holidays, medical, mental and include
unforeseen injuries.
5.4. You will not be charged a fee for the entire period of your deferral.
5.5. Your online coaching plan will be extended by the total length of the deferral.
5.6. All deferrals must be communicated via written communication to your online coach or
emailed to: [email protected].

 

6. Refunds
6.1. Woodford Online coaching plans are non-refundable.
7. Risk and Liability
7.1. You acknowledge and understand that participation in activities within your membership
require various degrees of physical exertion and/or physical risk which may cause injury.
7.2. ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act
2010 (CCA) provides certain guarantees in Sections 60 and 62 (Statutory Guarantees) which
generally require that services supplied to you:
a. are rendered with due care and skill
b. are reasonably fit for any purpose which you, either expressly or by implication, make
know to the supplier and might reasonably be expected to achieve any result you have
made known to the supplier; and
c. are supplied within a reasonable time (when no time is set)
7.3. Permitted exclusion: However, the CCA permits a supplier of recreational services to ask
you to accept some limitations on those statutory guarantees. Accordingly, to the extent
permitted by section 139A of the CCA, you acknowledge and agree that we exclude all
liability to you for death or injury resulting from a failure by us to comply with any statutory
guarantee.

7.4. In the previous sentence, “injury” means:
a. physical or mental injury (including the aggravation, acceleration or recurrence of such
an injury);
b. the contraction, aggravation or acceleration of a disease; or
c. the coming into existence, the aggravation, acceleration or recurrence of any
condition, circumstance, occurrence, activity, form of behaviour, course of conduct or
state of affairs in relation to you that is or may be harmful or disadvantageous to you
or the community, or that may result in harm or disadvantage to you or the
community.
7.5. Reckless conduct: This exclusion of liability does not apply if you have suffered any
significant personal injury that is caused by our reckless conduct (within the meaning giving
to those terms by the CCA).
8. Communication
8.1. When using our services, you accept that communication will mainly be electronic. Your
Coach will give you regular feedback and guidelines through the TrueCoach web/iOS application, as
well as a once-per month phone call to gain more specific information.
8.2. You agree that all documents, contracts and information we may communicate
electronically are legally binding and comply with legal requirements.
8.3. You are permitted to contact us, and your coach via the following means:
a. Your coaches “@woodfordssc.com” email
b. TrueCoach private message
c. For non-coaching related matters: [email protected]
d. Text messaging your coach will be at the discretion of the individual coach. Your coach
has every right to ignore your text messages, and refer you to the TrueCoach homepage if
your message not deemed urgent.
9. Intellectual Property Rights
9.1. All Intellectual Property rights (including; copyright, moral rights, design rights and
trademarks) and all other rights in the program content and program materials belong to
Woodford Online Pty Ltd. Reproduction or distribution of any of the products listed in these
terms is strictly prohibited.
9.2. The use of our logo is strictly prohibited.
10. Severability and Waiver
10.1. If a court finds that any part of any term of these Terms of Service or “Waiver and
Release of Liability” document becomes illegal, void or unenforceable, that part is deleted
and this does not invalidate the rest of this membership agreement. If we do not enforce
our rights under this membership agreement at any time, it does not mean that we may not
do so on future occasions.
11. Confidentiality
11.1. As an online coaching plan member you may wish to upload progress pictures of
your body with minimal clothing on for the sole purpose of body composition analysis and
tracking. Taking these pictures is not compulsory. If you wish to track your body
composition and supply progress pictures, these will be kept confidential between the
client and coach. These pictures will only be kept on the individuals’ private TrueCoach
homepage.
11.2. For other Confidentiality processors, visit our “WOL Privacy Policy” document.
12. General Terms
12.1. These Terms and Conditions or Service, and the “Waiver & Release of Liability”
document represent the entire agreement between us in relation to the subject matter of
any Contract and supersede any prior arrangement, understanding or agreement between
us (Woodford Online and client), whether oral or in writing.
12.2. We (Woodford Online and client), each acknowledge that, in entering into a
contract, neither Woodford Online or the client has relied on any representation,
undertaking or promise given by the other or be implied from anything said or written in
negotiations between Woodford Online or the client prior to such Contract except as
expressly stated in these terms of service.

Woodford Online Pty Ltd: Privacy Policy

Last Updated: October 23rd 2018 (V.2)

Privacy Collection Statement

Woodford Online Pty Ltd (ABN: 31 616 892 767: “WOL”, “Woodford Online” or “The Business”) take
the privacy and confidentiality of your information very seriously. Woodford Online is committed to
ensuring the privacy of all clients is secure and protected from any and all foreseeable or potential
risks.

This document communicates how Woodford Online collects, uses and protects any information our
clients provide to us. By using Woodford Online’ Coaching Service, you are consenting to and
agreeing to be bound by this Privacy Policy document.
If you do not agree with how we collect, use and protect your data defined in this Privacy Policy
document, then please do not take action on WOL products, content and recommendations.
Please note that this Privacy Policy document may be amended on occasion. In this event our online
version will be updated and notification of changes will be given to all current online coaching clients
via email.
1. Your Personal Information
1.1. Personal information held by Woodford Online Coaching clients may include the following
data-points:
a. Full name;
b. Current address and postage address;
c. Telephone/Mobile number;
d. Email address;
e. Sex;
f. Time zone;
1.2. There are also numerous other, more subjective pieces of information collected about the
client for the specific use of designing a strength and conditioning program tailored to each
individual client we service. This data will not need to be collected for every client and will
stay confidential between the client and Woodford Online. These items could be:
a. Height and weight;
b. Injury history;
c. Medications and supplements;
d. Weekly training schedule;
e. Training goals;
f. Nutritional information;
g. Progress pictures;
h. Conversations and correspondence threads/messages between you and us;
1.3. All of the above information will not be given out to any third-party organisations or
external entities that are not listed in Section 2.1 of this document, outside of the
“Woodford Sport Science Consulting banner” or to any other without the written consent of
the client.
1.4. Organisations inside the Woodford Sport Science Consulting banner are; Woodford Online
Pty Ltd (ABN: 31 616 892 767) and Woodford Sport Science Consulting Pty Ltd (ABN: 51 600
776 627). These two companies are open to share some data points for the benefit of our
clients, and The Business. These data points are limited to:
a. Full name
b. Email address
c. Telephone/mobile number
d. Current address and postage address

2. Ways we collect data
2.1. Our primary data collection methods are through Wufoo Online Forms and the TrueCoach web
application/iOS application.

a. Wufoo Terms of Service can be found here: https://secure.wufoo.com/terms/
and their Privacy Statement can be found here:
https://secure.wufoo.com/privacy/b. TrueCoach Terms and Conditions can be found here:
https://truecoach.co/terms/and their Privacy Policy can be found here:
https://truecoach.co/privacy/
2.2. Woodford Online enlists the use of SignNow to collect the legally binding eSignature for our
Online Waiver & Release of Liability form. The Terms and Privacy for SignNow can be found
here: https://www.signnow.com/terms
2.3. Woodford Online also utilises Paypal to collect payments from our clients. Paypals’ Privacy
Policy can be found here: https://www.paypal.com/au/webapps/mpp/ua/privacy-full and
their relevant terms can be found here:
https://www.paypal.com/au/webapps/mpp/ua/legalhub-full underneath the title “For All
Users”.
2.4. We have taken measures to ensure all pieces of information are kept confidential. Such
methods include ensuring we only use third-party websites with secure URL’s.
Woodford Online provides its primary service of Online Coaching through the TrueCoach web application/iOS
application. When you visit; “https://truecoach.co” their servers will record information such as time, date
and URL of each request you make. Woodford Online do not use this information, as we do not have
access. This information also applies to Wufoo.com, SignNow.com and Paypal.com.
3. Third party sites
3.1. Woodford Online recommend that you refer to the privacy statement of the
aforementioned sites (Section 2), as they will be used through Woodford Onlines’ Coaching
service.
3.2. Woodford Online take no responsibility for the information, content and use of the
information of these third-party organisations.
4. How we use your personal information (Use)
4.1. Your personal information may be used in the following contexts:
a. Providing the service we offer through the TrueCoach web application/iOS application such as
making consultation and program status calls, sending emails and more
b. Admistering and managing the services including charging, invoicing and record keeping
c. Market research to develop improvements to our service
d. Comply with relevant legislation
5. Possible ways we disclose information (Disclosure)
5.1. As mentioned in Section 1.4 and Section 2.1 Woodford Online may disclose your
information to the aforementioned sites in order to provide a high quality Online Coaching
service.
5.2. By client request we may disclose your information with an external Allied Health
Professional or Personal Trainer you have previously worked with. The purpose is to
increase our ability to provide the highest quality Online Coaching service we are able. We
would complete this through secure email and/or phone call with the respondent. This will
not be completed without the consent of the client.
5.3. Other ways we may disclose your information:
a. Fraud checking agency audits
b. Government and regulatory authorities as required by law
6. How to contact us
6.1. If you have any questions in relation to your privacy, please contact us via the following
email: “[email protected]”. We will endeavour to reply to your concern at
our earliest convenience.

If you're interested in learning more about Woodford Sport Science Consulting's High Performance and Holistic Athletic Development Program that can change your game, please don't hesitate to contact us. We would be more than happy to answer any questions you may have and help you get started on your journey to improved athletic performance.