1FinalRound Disclaimer:

1.1 Consult a medical professional

You should consult your physician or other health care professional before participating in 1FinalRound or any other exercise program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start the 1FinalRound exercise program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

To reduce the risk of injury, before beginning 1FinalRound or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instructions and/or advice presented within the App are in no way intended as a substitute for medical consultation. 1FinalRound disclaim any liability from and in connection with the content which forms part of the exercise programs. The workouts, movements, and progressions provided on this App are for educational purposes only, and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and this or any other exercise program may result in injury. They include but are not limited to: risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack.

1.2 Pregnant women and breast-feeding mothers

Pregnant women and breast-feeding mothers should not attempt the exercises or workouts offered by 1FinalRound.

1.3 No Warranties and liability

No warranties: no express or implied warranties of any type, including for example implied warranties of merchantability or fitness for a particular purpose, are made with respect to the information, or any use of the information, within the content of the 1FinalRound App or Website. 1FinalRound makes no representations and extends no warranties of any type as to the accuracy or completeness of any information or content offered by the App or on its Website.

1FinalRound specifically disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information, content or the like within any of its products.

Privacy policy

1.      Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and App users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and App users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website, we will ask you to consent to our use of cookies when you first visit our website.

1.4    In this policy “App” refers to our 1FinalRound App available for download on the Google PlayStore and Apple App Store.

1.5    In this policy, “we”, “us” and “our” refer to 1FinalRound. For more information about us, see Section 13.

2.      Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

3.      How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of our website and services “usage data“. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your App use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and our App. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and App services.

3.3    We may process your account data “account data“. The account data may include your name and email address, age, gender and country and city of location. The source of the account data is the relevant signup page within the App. The account data may be processed for the purposes of operating our App, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and or our legitimate interests, namely the proper administration of our website and App.

3.4    We may process your information included in your personal profile on our App “profile data“. The profile data may include your name, address, email address, profile pictures, gender, date of birth, fitness goals, city and country. The profile data may be processed for the purposes of enabling and monitoring your use of our website and App. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and App.

3.5    We may process your personal data that are provided in the course of the use of our services “service data“. The service data may include all App usage data. The source of the service data is your App usage. The service data may be processed for the purposes of operating our website and App, providing our services, ensuring the security of our website and App, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and App.

3.6    We may process information that you post for publication on our App “publication data“. The publication data may be processed for the purposes of enabling such publication and administering our website and App. The legal basis for this processing is consent.

3.7    We may process information contained in any enquiry you submit to us regarding services “enquiry data“. The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.8    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website and App “transaction data“. The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and App.

3.10  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters “notification data“. The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.11  We may process information contained in or relating to any communication that you send to us “correspondence data“. The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and App and communications with users.

3.13  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.14  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.15  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.16  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4.      Providing your personal data to others

4.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.4    Financial transactions relating to our website and App services may be handled by our payment services providers, Stripe.We will share transaction data with our payment services providers only to the extent necessary for the purposes of [processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds]. You can find information about the payment services providers’ privacy policies and practices at www.stripe.com

 

4.6    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.      International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    We have offices and facilities in Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers to Australia will be protected by appropriate safeguards.

5.3    The hosting facilities for our website are situated in The United States of America and Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.4    Amazon Web Services Incsituated in the United States of America. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained.

5.5    You acknowledge that personal data that you submit for publication through our website or App services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6.      Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    We will retain your personal data as follows:

(a)    Name, age, gender, locationwill be retained for a minimum period of 60 days following signupand indefinitely.

 

6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.      Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of significant changes to this policy by email or through the private messaging system on our App and website.

8.      Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by emailing a notice to us in addition to the other methods specified in this Section 8.

9.      About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.    Cookies that we use

10.1  We use cookies for the following purposes:

(a)    authentication – we use cookies to identify you when you visit our website and as you navigate our website cookies used for this purpose are: identify cookies;

(b)    status – we use cookies to help us to determine if you are logged into our website cookies used for this purpose are: status cookies;

(c)    personalisation – we use cookies to store information about your preferences and to personalise the website for you, cookies used for this purpose are: personalisation cookies;

(d)    security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally, cookies used for this purpose are: security cookies

(f)    analysis – we use cookies to help us to analyse the use and performance of our website and App, cookies used for this purpose are: analysis cookies; and

(g)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally, cookies used for this purpose are: consent cookies.

11.    Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.The relevant cookies are: identify cookies.

11.4  We use Amazon Web Services Inc to provide website and App hosting services. This service uses cookies. You can view the privacy policy of this service provider at www.aws.com.

12.    Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en(Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences(Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/(Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);

(e)    https://support.apple.com/kb/PH21411(Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy(Edge).

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website.

13.    Our details

13.1  This website is owned and operated by Hit Tribe Pty Ltd trading as 1FinalRound.

13.2  We are registered in Australia under registration number 13625977657

13.3  Our principal place of business is Brisbane, Australia

13.4  You can contact us:

(a)   by email, using admin@1finalround.com

14.    Data protection officer

14.1  Our data protection officer’s contact details are: Attention DPO – admin@1finalround.com

 

Billing Terms:

  1. In this policy “App” refers to our 1FinalRound App available for download on the App Store provider.
  2. In this policy, “we”, “us” and “our” refer to
  3. All purchases on the App are subject to the Terms and Conditions.

 

  1. The Subscription fee (“Subscription Fee”) will apply regardless of how much or how often you access or use the Subscription.

 

  1. You agree that: 
    1. an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by that App Store provider;
    2. In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
      1. You must take up with the App Store provider directly any payment-related issues ‘You’ experience with an In-App Purchase or return requests.

 

  1. Payment
    1. Subject to any free trial period, payment must be made at the time of purchase and before you have access to your subscription.
    2. The one (1), six (6) and twelve (12) month Subscriptions are payable up front in lump sums at the commencement of the Subscription.
    3. Subscriptions will be auto-renewed on the first day of your next billing period unless you expressly indicate to us you do not wish to renew as per section

 

  1. Terms and Conditions.
    1. You must notify us of any change to method of payment (“Payment Method”).
    2. We will assume your Payment Method is correct and will continue to bill Subscription Fees and charges relating to your Subscription by your nominated Payment Method:
  2. If any Subscription Fees billed to your account are not processed for any reason we may suspend your Subscription until payment is made in full.
  3. We reserve the right to vary the Subscription Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect; and
  • If you do not cancel your subscription before your next billing cycle, you will be deemed to have accepted the variation.

 

  1. Free Trials
    1. Your Subscription will start with a free trial for a fixed period of seven (7) days.
    2. Free trials are only available to new users, and are at our sole discretion, and if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
    3. We reserve the right to revoke your free trial at any time.
    4. Unless you cancel before the end of the trial period, your free trial will expire and you will be charged the Subscription Fee.
    5. Any unused portion of your free trial period will be forfeited upon purchase of a subscription.

 

  1. Promotions
    1. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to and on its terms and conditions separate to those of our Terms and Conditions. It is Your responsibility to read and understand those third party terms and conditions.
    2. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.

 

  1. Cancellation
  2. Unless you cancel or opt out of automatic renewal of your subscription before the expiry of your Subscription, you will be charged for a renewed Subscription in the same amount of your initial Subscription the day after your initial Subscription expires.
  3. After cancellation, you will continue to have access to the 1FinalRound App for the remainder of your billing period.
  4. To cancel your subscription via the 1FinalRound App or the, navigate to the settings page and follow the prompts under ‘Membership’ to cancel.
  5. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
  6. If you are dissatisfied for any reason, please contact us at admin@1finalround.com

 

  1. Governing Law
    1. The laws in force in Queensland govern these Billing Terms.