Privacy Policy
PRIVACY POLICY
We at manuXadventure and manuXtrain respect, and are committed to protecting, your privacy and personal information. Below we explain how and on what basis any personal information that may be collected about you as a visitor to the manuX adventure website, the manuXtrain site or the manuXtrain application (together, the site) as a customer, supplier or other business partner will be processed.
If you have any questions, please email [email protected].
What is “personal information”?
Personal information means any information that identifies you or could be used to identify you, such as your name, contact details, identification number(s), bookings, credit card details, health and physical information, location data or an online identifier.
When do we collect personal information and what do we collect?
When you engage with us (for example, by sending us emails, visiting the site, using the app, engaging over social media or making contact by telephone), you may provide personal information about yourself including your name and contact details.
When you use the site, we may collect the following types information about you: your name, contact details (including your address, email address and telephone number(s)), date of birth, age, nationality, gender, training history, physical information, medical information and information relating to any disabilities or dietary requirements or preferences, emergency contact details, payment details (including credit card and/or bank account).
When you use the site, information about how you use the site may be collected, including information about your device and your location, for example your IP address or unique device ID. (An IP address (i.e. Internet Protocol address) is a numeric code that can act as a unique identifier for your computer or other device – this can be turned off from your device). Please see 'How we use cookies and other methods for the collection of website usage data' below.
If you provide services to us or have business dealings with us (or are employed or engaged by a business that provides services or has business dealings with us), we may be given your name, contact details, some employment information and/or similar information.
Where you provide personal information on behalf of another person, you are responsible for notifying that person that you have provided their personal information to us and directing them to this notice, so they can see how we will process their personal information.
When and why do we collect ‘sensitive personal data’?
Certain categories of personal information, such as that about race, ethnicity, religion, health, sexuality or biometric information are special categories of data needing additional protection under European Union and UK data protection laws and is referred to here as “sensitive personal data”. We try to limit the circumstances where we collect and process sensitive personal data to those where it is necessary.
Examples of where we may collect and process ’sensitive personal data’ includes the following:
You are accessing a service on the site and health and medical information is needed to understand your level of fitness/ wellbeing, to prepare your nutrition plan and/or training plan and to give guidance on training protocols
You have otherwise chosen to provide such information to us
What do we use your personal information for?
We collect and use your Personal Information for a number of business purposes, including:
· Providing you with information about manuXadventure, manuXtrain, our products and services
· Enabling us to better understand your needs as a customer and deliver services to you in a more tailored and personal way
· Preparing training and nutrition plans and monitoring your progress
· Providing on-going service and support, including answering questions
· Carrying out analysis and market research
· Improving our products, services, website and social media interactions
· Carrying out internal administration and accounting for the business
· Complying with laws and regulations
Who do we share your Personal Information with, and why?
We may share your personal information with the following types of parties for the purposes set out above:
· Service providers or suppliers to facilitate the provision of services to you
· Service providers who authorise and process payments on our behalf
· Services providers we are using to provide services that involve data processing, for example, to carry our marketing initiatives or run customer surveys
· Service providers who store or manage data on our behalf
· Marketing agencies or other parties (such as Google AdWords) to deliver online advertising on websites or social networks
· Public authorities where we are required to do so by law
· Any other third party where you have provided your consent
We do not sell personal information to third parties.
European Residents: Personal information collected from individuals in the European Economic Area will be stored in Australia and may be transferred to other third-party data processors located in countries that are outside of the European Economic Area in connection with the above purposes. Countries outside the European Economic Area may not offer the same level of data protection as those within the European Economic Area. In these circumstances we will, as required by applicable laws, use reasonable endeavours to ensure that your privacy rights are adequately protected by appropriate technical, organisational, contractual or other lawful means.
How we protect your date Security of data
We are committed to keeping your personal information safe and secure. In support of this commitment, we have implemented appropriate technical, physical and organisational measures to protect against unauthorised access, use, modification and disclosure of personal information and to ensure a level of security appropriate to the risk.
Whilst we will take all reasonable steps to protect your personal information, we cannot guarantee the security of any personal information you disclose online. You accept the inherent security implications of disclosing personal information online.
How long do we keep your personal information?
We will only keep your personal information for as long as we reasonably require and, in any event, only for as long as applicable data protection laws.
What is our legal basis for using your personal information?
We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the reason or reasons we collected and need to use your information. In almost all cases the legal basis will be:
· Because we need to use your information so that we can fulfil of the services that you are subscribing for
· Because it is in our legitimate interests to use your personal information to operate and improve our business
· Because we need to use your personal information to comply with a legal obligation
· To protect the vital interests of you or another person
· Because you have consented to us using your information for a particular purpose
If processing of your data is subject to laws outside of the EU and UK, then the basis of processing your data may be different to that set out above and may in those circumstances be based on your consent in all cases.
What are your rights in relation to the personal information we hold about you?
If you are a resident of or are receiving products or services in the European Union and the UK (and potentially other countries), the data protection laws there provide you with certain rights in relation to your personal information, including the following:
· the right to access: the right to ask for a copy of personal information we hold about you
· the right to erasure or to be forgotten: the right (in certain circumstances) to request that we delete personal information we hold about you where we no longer have any legal reason to retain it
· the right of rectification: the right to ask us to update and correct personal information we hold about you
· the right to object: the right to opt out of any marketing communications that we may send you to and to object to us using/ holding your personal information if we have no legal reasons to do so
· the right to restrict processing: the right (in certain circumstances) to ask us to ‘restrict processing of data’, which means we would need to secure and retain the personal information for your benefit but not otherwise use it
· the right to portability: the right (in certain circumstances) to ask us to supply you with some of the personal information we hold about you in a structure format and/or to provide a copy of the information in such a format to another organisation.
You also have the right to lodge a complaint with the relevant data protection authority if you believe that your personal information is not being processed in accordance with the law.
We will handle all requests in accordance with applicable law. We may need to ask for some information to identify you and verify your identity before continuing with your request. If you wish to exercise any of your rights, please contact us at or alternatively you may make a request in writing to the address below:
Changes to our privacy arrangements
Any changes we make to our privacy policies in the future will be posted to the site website www.manuxadventure.com. Please check back frequently to see any changes.
Complaints
Should you have any queries or complaints in relation to how we use your personal information, please email [email protected].
Legal Disclaimer
LAST UPDATED: 5 FEBRUARY 2022
Please read these Terms of Service (Terms) before using this website or application (the site) and/or accessing any services through the site (Services).
These Terms set out the agreement between us on your use of the site and Services. By using the site or accessing the Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you should not use the site or access the Services.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of the site and Services, and are incorporated into this agreement:
Our Privacy Policy See more under How we may use your personal information.
Our Cookie Policy.
WE MAY MAKE CHANGES TO THESE TERMS
These Terms may be changed from time to time. Please check these Terms regularly to ensure you understand the terms that apply at that time.
IMPORTANT LEGAL DISCLAIMER
HOW WE DETERMINE YOUR PROGRAM
The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - [More Information]
The ingredients used in our meal plans are based on the following food databases,
1. The Food and Nutrition Database for Dietary Studies (FNDDS) - [Reference]
2. The USDA National Nutrient Database for Standard Reference (SR) - [Reference]
YOUR HEALTH & FITNESS/ RISKS OF PRODUCT USE
You acknowledge that this site’s content is not a substitute for direct, personal, professional medical care and diagnosis. You should seek appropriate medical advice from a relevant professional medical or other advisor before using the Services, including following any diet plans or training programs, or making any material changes to your diet. We are not medical professionals and nothing on this site should be construed otherwise. As such we will not provide any medical, physical or mental health advice.
You acknowledge that the health and fitness sessions (Sessions) you will have access to through the site and via the programs on the site are physically strenuous and may involve the use of weights and equipment. You agree that you are a voluntary participant in such sessions with full knowledge and understanding of the strenuous and inherently risky nature of following such Sessions. You further confirm that you fully understand and accept that there is a risk to you of personal injury or illness arising from your you participation in a Sessions.
We are not qualified to express an opinion as to your fitness or ability to participate in any Sessions. You must ensure that you are fit and well enough to participate in any Sessions, and you will always be responsible for your own state of health, physical condition and wellbeing.
You must not undertake any activity set out in a program or make changes to your diet as a result of information provided on this site if you are suffering from any serious medical condition, have recently undergone surgery, are pregnant or are under the influence of alcohol or drugs. To the extent you have any lesser medical condition or are recovering from an injury you should consult a medical professional prior to using the Services.
GENERALLY EXPECTED RESULTS
Whilst we will exercise reasonable skill and care in providing the Services to you, we do not guarantee any particular results from the use of the Services. Although the products and Services are intended to be fully implemented, sometimes they are not, and this could result in a lack of progress/results for the user. If you use the products and Services from me correctly you should see positive results, however, even in such cases, it is still possible you will not get the results you may have expected and it is also possible you will not lose fat or gain muscle or achieve any positive results of any kind.
TESTIMONIAL DISCLAIMER
Any transformations and testimonials used on the site are real. However, we do not claim that these testimonials represent typical results with the meal plans and/or workout programs accessed through the site. They are meant as a showcase of what the most motivated and dedicated people can achieve by following the meal plans and workout programs. Your results may vary and you may not achieve the same results as someone else when using my services, due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you achieve will depend upon the individual and how much effort you put in.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
Subject to the limitations in the paragraph immediately above, you agree that:
your use of the Services (including your participation in any Sessions and the use by you of any equipment during a Session) is entirely at your own risk and you waive any and all claims whether in contract, tort or otherwise against us, our employees or owners, including any claims in respect of personal injury or death (otherwise than as a result of our negligence or that or our employees) or loss or damage to any of your property, suffered by you as a result of your use of the Services;
in particular and without limiting paragraph (a) above, we will not be liable for any indirect, unforeseeable, special (e.g. loss of earnings), punitive, exemplary or consequential losses or damages arising out of your use of the Services, or access to, or the use of this website or any information contained in it, including loss of profit and the like whether based on breach of contract, tort (including negligence), product liability or otherwise; and
you will hold harmless us and our employees and owners with respect to any claims arising in connection with your use of the Services.
All software products downloaded from any section of this website or via a link pointed to by this site are downloaded, installed, and used totally and entirely at the users own risk.
Please note that we only provide the Services and the site for domestic and private use. You agree not to use the Services or the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
ACCESSING SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide us with certain details. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that if you fail to provide complete and accurate information your access to the Services may be terminated.
By using this site, you represent that you are at least the age of majority in the country in which you live. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms and your use of the Services.
From time to time, we may restrict access to some or all parts of the Services. Also, some countries may block access to streaming sites - please check the status of the blocked websites in your location before subscribing for any Services.
To access the Services, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential and not to disclose it to any other person. You must notify us promptly through the site if you know or suspect a breach of security or unauthorised use of your account.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
SUBSCRIPTION, CANCELLATIONS AND REFUNDS
Once you have subscribed to program, your subscription will automatically renew on a monthly basis until cancelled. By subscribing you are agreeing to pay me the recurring monthly subscription fee, which will automatically be charged to your payment card.
In using your payment card, you represent and warrant that you are the holder or an authorised user of the payment card.
You may cancel your subscription at any point by sending an email to [email protected]. When you cancel your subscription, your cancellation will take effect the beginning of the next four-week site update period and so you will continue to have access to the site for the duration of the current period.
We offer a 14 day 100% money-back guarantee for Services offered through the site. If, within the first 14 days of your initial purchase, you are not happy or satisfied with any of your purchases through the site, you may request a full refund by contacting the Customer Support team at [email protected]. You will be refunded and your subscription will be cancelled. However if you have purchased a program during a promotional period and have redeemed that promotion (e.g. supplements, clothing, headphones) you will not be eligible for a refund.
NO RECORDING
You agree that any type of recording, downloading or transmission (audio, video, still photography, streaming, social media posting etc.) of any materials accessed by you through the site is prohibited without our prior written consent.
WE MAY SUSPEND, WITHDRAW OF MAKE CHANGES TO THE SITE
Although we will do our best to ensure the accessibility of the site, we do not guarantee that the site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We may update and change the site from time to time to reflect changes to our products, services, our users’ needs and our business priorities.
HOW YOU MAY USE MATERIAL ON THE SITE
We are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON OUR SITE
The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site. Particularly, you should seek medical advice before undertaking new forms of physical activity or changes to your diet.
Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
RULES ABOUT LINKING TO OUR SITE
You may only link to this site with our written permission and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. Taking any such action may be a criminal offence and if you take such action, your right to use the site will cease immediately.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. Information about our use of cookies can also be found in our Cookie Policy.
GOOGLE ADWORDS
The site uses the Google AdWords re-marketing service to advertise on third party websites (including Google) to previous visitors to the site. This means that we advertise to previous visitors to the site who haven’t completed a task, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on a person’s past visits to the site. Any data collected will be used in accordance with our privacy policy and that of Google. You can set preferences for how Google advertises to you using the Google Ad Preferences page and if you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plug-in.
OTHER TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later.
We always welcome feedback from you and, whilst we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about the Services please mail [email protected].
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and we both agree that the courts of New South Wales, Australia will have exclusive jurisdiction.