Terms & Conditions

Terms of Use

Updated 19 April 2022 (“Effective Date”)

Welcome! Please read the below Terms and Conditions before signing up to the XALI Platform.

The Xali Platform
1. Terms and Conditions (“Terms”) apply to all users of the fitness, exercise and nutritional programs and other online content hosted on the of the Xali website (www.xali.com.au) (collectively the “XALI Platform”).
2. The XALI Platform is owned and operated by Redux Definition Pty Limited (ACN 620 593 473).
3. Your use of the Platform indicates your understanding and acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms.
4. If you do not accept these Terms and Condition please do not use the XALI Platform.
5. In these Terms “you” and “your” means user of the XALI Platform; “we”, “our” and “us” means Redux Definition Pty Limited and its related bodies corporate.
Accessing the XALI Platform
1. To be eligible to access the XALI Platform you must over the age of 15, or otherwise have your parent or legal guardian’s permission.
2. You can access the XALI Platform by going to www.xali.com.au.
3. You must be using a supported device, as listed in our FAQs https://xali.com.au/#faq-anchor on the XALI Platform.
4. You must have broadband connection with minimum speed of 0.8Mbps (however at least 3Mbps is recommended).
5. You must not subscribe to or use the XALI Platform if you are located in the USA or Canada.
Signing up and Subscribing
1. You must sign up and create an account to use the XALI Platform.
2. Sign up is via your google, Facebook or email and password (“Login”)
3. You must provide us with accurate and complete information when you sign up to the XALI Platform.
4. Your Login must only be used by you personally.
5. You must keep all your identification and user information required to access the XALI Platform strictly confidential. You should not reveal your password to anyone nor use anyone else’s password.
6. You are entirely responsible for all activities that occur through your password, and you agree to immediately notify us in the event you become aware of any unauthorised use or breach of security.
Your use of the XALI Platform
1. By using to the XALI Platform you warrant that you:
  - are in good physical condition and do not have any medical conditions, illnesses, impairments, health problems, injuries or other physical, medical or health reason that prevent you from safely undertaking physical activity and fitness exercises;
  - have obtained medical advice and clearance to participate in physical activity, fitness exercises and our recipe and meal program prior to using the XALI Platform, if you suffer any medical conditions, illnesses, impairments, health problems, injuries or other physical, medical or health reason that may prevent you from safely undertaking physical activity, fitness exercises, or nutritional programs;
  - you will not engage in activity in connection with the online content (including but not limited to food preparation or consumption) that may negatively affect your dietary and nutritional requirements; and
  - you will not undertake any physical activities or fitness exercises at any time while you are suffering from any illness, disease, injury or other condition.
2. We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the XALI Platform (“Information)” or that it is suitable for your intended use. The Information provided by us is in good faith and ‘as is’ and any use by you of the XALI Platform is at your own risk.
3. We recommend you seek professional dietary and nutritional advice concerning your dietary and nutritional requirements (including the diagnosis and management of food allergies and/or intolerances) in connection with your use of the XALI Platform, prior to use.
4. The XALI Platform is not intended to be and is not a substitute for medical advice. We recommend you consult with a medical practitioner in relation to your health and wellbeing prior to using the XALI Platform and that you never rely on the XALI Platform for medical advice or treatment.
5. Each individual’s health, fitness and nutritional situation is unique and dependent on a wide variety of factors. Whilst we work hard at ensuring the XALI Platform contains helpful and accurate information, We do not guarantee that using the XALI Platform will meet or satisfy (in the short or the long term) any particular health or fitness objectives, such as weight loss, fitness levels or nutritional needs.
6. The XALI Platform relies on the health, fitness nutritional goals, preferences and/or objectives you select. The health and fitness information and responses you provide in the XALI Platform guide how the in-platform suggestions provided to you are generated. Outcomes of your use of the XALI Platform may be affected by the accuracy of the information you provide.
Fees and Charges
1. Prices quoted for subscription on the XALI Platform are inclusive of GST.
2. You acknowledge that subscription prices may be changed by us from time to time by giving you at least 7 days’ notice in advance. Subscription prices are subject to change; the price of subscription renewal may vary.
3. Subscription are charged monthly, quarterly or annually, in accordance with your selection at the time you subscribe, in advance. Payments commence on the date you become a subscriber and are payable via credit card (with available credit cards listed on the XALI Platform FAQs page https://xali.com.au/#faq-anchor)
4. It is your responsibility to notify us if your credit card is cancelled or your details change before your next billing date.
5. Subscriptions are non-transferable.
6. We do not offer refunds.
7. Your subscription will renew at the end of your subscription period. Renewal will be monthly, quarterly or annual in accordance with you selection at the time you subscribed.
8. If you do not want to renew your subscription you MUST CANCEL 24 HOURS prior to your subscription auto renewal date.
9. If you are unsure about your subscription renewal date please contact us at [email protected] or write to Us at Level 16, 1 Market Street, Sydney NSW 2000.
Availability and accuracy of the Platform
1. We will provide the XALI Platform to you in accordance with these Terms, within a reasonable time and using due care and skill, and (with respect to some Content) according to your geographic location.
2. We want to give you the best service possible, but sometimes availability of the Platform may be affected by factors outside our control. For this reason we cannot guarantee that:
  - the XALI Platform will be available to you at all times;
  - the XALI Platform will always be accurate; or
  - streaming speeds of the Platform won’t vary from time to time.
3. In using the XALI Platform, you acknowledge that your use of the XALI Platform may not be uninterrupted, timely, secure or error free. You also acknowledge that the XALI Platform and the servers that provide you with data and third party content and third party services may not be free of viruses or other harmful components.
4. On occasion, technical problems or file sizes may delay or prevent content from being streamed. It may also be necessary for us to interrupt the XALI Platform (or parts of it) occasionally in order to upgrade or maintain it. Should we need to interrupt the Platform we will, whenever possible, conduct maintenance or upgrades at times that would minimize inconvenience to our customers and restore the XALI Platform as soon as possible.
Subtitles and commentary
1. Subtitles and closed captions are not available on the XALI Platform.
Your personal broadband usage
1. To use the XALI Platform you need a minimum speed of 0.8Mbps (however at least 3Mbps is recommended). You are responsible for checking with your internet service provider as to whether your plan is suitable.
2. You are responsible for paying for your personal broadband connection, including any data charges.
3. The content you stream via the XALI Platform may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.
4. Streaming quality varies depending on broadband connection speed. The XALI Platform uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have. However, we are not responsible for buffering which may occur if your broadband plan is not suitable (i.e.: does not have the minimum speed of 0.8Mbps, or if buffering occurs for other reasons beyond our reasonable control).
Third Party Links
1. From time to time the XALI Platform may display links to third party websites. You understand that you may be required to agree to third party Terms before being provided such access through the XALI Platform and that you access and use third party services at your own risk.
Advertising
1. You acknowledge that there may be advertising displayed as part of the XALI Platform, providing you information regarding products and services.
2. This advertising may be in the form of display advertising (banners and billboards), pre-roll advertising (which appears before you start watching Content), mid-roll advertising (which appears during your viewing of the Content) and post-roll advertising (which appears after you have finished watching the Content).
3. You acknowledge that the XALI Platform contains advertising, and that use of ad blocking software on your device will not block all advertising served by us or on our behalf.
Changes
1. We may vary these Terms or any information contained on the XALI Platform at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective. You must accept these changes in order to continue using the XALI Platform. You should stop using the XALI Platform if you disagree with any changes to the XALI Platform or these Terms.
2. The Terms in force can be found at https://xali.com.au/terms-conditions.
Risk, and Indemnity
1. You assume all risk of loss, harm, injury, damage or claim whatsoever to person or property in connection with your use of the XALI Platform.
2. We are not responsible for, and you indemnify us against: a) risk of loss, loss, harm, injury, damage, costs or expenses to person or property by reason of the use or in connection with the XALI Platform; b) the actions or omissions of any other party introduced to you through the XALI Platform; c) the actions or omissions of other users of the XALI Platform; d) any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or e) any harm, loss or damage suffered by you or anyone else if the XALI Platform is interrupted, suspended or otherwise not provided to you or if We do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
Liability
1. We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with use of the XALI Platform or an act or omission of our or any of our suppliers’ services or personnel in connection with this contract (i) on behalf of and for the benefit of our suppliers; and (ii) for ourselves, to the extent permitted by the Australian Consumer Law.
2. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.
Termination
1. Our agreement with you (as contained in these Terms) commences on the date you first sign up to the XALI Platform, and ends once terminated in accordance with these Terms.
2. We retain the absolute right to immediately suspend or terminate your use of the XALI Platform and/ or subscription, disable you sign in, remove any content posted by you and terminate this agreement with you (as contained in these Terms), if:
  - you breach these Terms in a material way;
  - you communicate content we determine, at our sole discretion, is objectionable, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images, footage or language;
  - you misuse (or we can establish you have attempted to misuse) the XALI Platform or your use of the Platform is reasonably considered by us to be fraudulent or to adversely affect the integrity of the Platform or other customers’ use of or access to the Platform;
  - you use the Platform in such a manner, other than as permitted under these Terms, as to infringe upon our intellectual property rights or those of our suppliers or any third party;
  - we cease to provide the Platform, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or
  - we have reasonable grounds to believe that a threat or risk of security, injury or damage exists.
3. We may monitor your use of the XALI Platform to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do.
4. We may investigate any alleged misuse of the XALI Platform and may involve or assist police or other law enforcement agencies in doing so without notice to you.
5. You may cancel your subscription automatic renewal by notifying us by emailing us at [email protected] at minimum of 24 hours prior to your subscription renewal date.
6. In the event you cancel your subscription renewal your access to your current subscription will continue until the end of the subscription period.
Intellectual Property
1. You acknowledge that the XALI Platform, the content provided on the XALI Platform and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our suppliers. You are not granted intellectual property rights in or to the XALI Platform or the content on the XALI Platform except as expressly set out in these Terms. You are not authorised to use Our logos or trade marks or trade names (whether registered or unregistered) in any manner.
2. We grant you a non-transferable, non-exclusive, revocable license to use the XALI Platform on your device(s) and to view the content contained on the XALI Platform for your personal, non-commercial use, subject to and in accordance with these Terms and our Privacy Policy.
Privacy
1. We will collect your personal information and other data for the purpose of establishing and administering your access to the XALI Platform (along with any future service we provide and which requires signing in) (where applicable), processing any request you make when you contact us via the XALI Platform, and for the purpose of understanding our users.
2. We will handle your personal information and other data in accordance with our Privacy Policy which is available at WWW.XALI.COM.AU/PRIVACY-POLICY URL and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information.
3. Our Privacy Policy also contains information regarding cookies and other technologies we use in order to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests.
4. Where you use our products and services, you agree to the terms of the Privacy Policy. Without limiting the foregoing:
  - you consent to use disclosing your personal information and other data to our business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with us;
  - you consent to us using your personal information for the purpose of us and sending you information regarding programs, products and services available through us and/ or our business partners. We will always provide you with the ability to opt out of those communications;
  - And, if you opt-in, you agree to we also sharing your personal information with our business partners for the purpose of them directly sending you information about their products and services;
  - you consent to our use of cookies and other technologies to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests;
  - you consent to our use of proprietary measurement software in the XALI Platform which will allow users to contribute to market research; and
  - you consent to us sharing your personal information in connection with your use of the XALI Platform with our suppliers’ in connection with the enforcement of their intellectual property rights.
Assignment
1. We may transfer all or part of our rights and obligations under these Terms, however, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
General
1. In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of these Terms will prevail to the extent of that inconsistency.
2. These Terms are governed by the laws in force in New South Wales, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, and any courts which may hear appeals form those courts.
Customer support
1. If you need to contact us, please email us at [email protected] or write to Us at Level 16, 1 Market Street, Sydney NSW 2000.