Terms & Conditions

These terms and conditions (Terms) apply to your use of the services provided on this website by Today’s Plan or Today’s Plan’s partners, service providers, affiliates, agents or nominees.

  1. Scope of services
    1. This website (the Site) is owned and operated by Today’s Plan Pty Ltd, ACN 169 177 431 (Today’s Plan). By accessing or using this Site, you agree to be bound by these Terms together with any other relevant terms or policies, including Today’s Plan’s Privacy Policy (Privacy Policy).
    2. The Site is provided by Today’s Plan (together with our partners, service providers, affiliates, agents or nominees) and facilitates the development of training programs (Programs) as well as facilitating the sharing of various fitness activities (Purpose).
    3. These Terms apply to you if you employ or access the Site, the Today’s Plan mobile applications (Mobile Applications), or any other Today’s Plan product, service, feature, content (whether user-generated or otherwise), interactive and informational resources or promotional offers (collectively the Services).
  2. Access to and use of this site
    1. Subject to relevant law, this Site (and the products and services described in this Site) is intended for the use of persons accessing the website from, or using a Mobile Application in, any location. However, this Site, the Mobile Applications and the Programs are not intended to be used in any jurisdiction for which it would be illegal for such use to occur. You are responsible for ensuring that use of the Site (whether via a Mobile Application or otherwise) is legal in the jurisdiction from which you access the Site or Mobile Application. In each case, your use of the Services will be governed by these Terms and the by the laws of the Australian Capital Territory.
    2. Today’s Plan reserves the right to terminate your use of this Site or the Services at any time.
    3. Your use of this Site is at your own risk.
    4. Today’s Plan provides the Site and the Services without any express or implied warranties whatsoever, including without limitation in relation to fitness for purpose. For the avoidance of any doubt, Today’s Plan does not guarantee that the Site will be safe, secure error free or will operate without interruption, whether accessed through a Mobile Application or otherwise. Today’s Plan takes no responsibility for the acts or omissions of any third parties, including without limitation manufacturers of any device or Mobile Application through which the Programs are accessed. Whilst Today’s Plan will take reasonable steps to prevent computer viruses and other malicious programs on the Site, no liability is accepted for the presence of any such viruses or programs.
  3. Content provided by today’s plan
    1. The content on this Site (Content) is provided in good faith, and Today’s Plan gives no warranty or representation that any information is accurate, complete or up to date.
  4. User Content
    1. As part of your use of the Site or Mobile Applications for the Purpose, you may choose to submit certain content (User Content). If you do submit any User Content, then you warrant that you own or have all necessary licenses, consents and permissions necessary to be able to use the User Content and to assign or licence the User Content to us in accordance with these Terms. You agree that you will not submit any material or information that is subject to third party proprietary rights unless you are expressly permitted to do so by the owner of those rights.
    2. Subject to our Privacy Policy, each time you submit User Content to us, you grant a perpetual, irrevocable, royalty-free, worldwide, transferable and enduring licence to use, reproduce, transmit, share or re-publish any of the User Content (whether in its original form or via derivative content) in any manner that we see fit in our absolute discretion in relation to the Purpose and the provision of the Services and the Site.
    3. If you have consented to make your User Content publicly available on our Site or via Mobile Applications, then you grant each other user of the Site or the Mobile Application a licence to access your User Content through the Site or the Mobile Application (whether via a device or otherwise) for the Purpose.
    4. Copies of User Content may be maintained by Today’s Plan (whether in soft or hard copy) (including User Content that you have deleted from the Site or from the Mobile Application) for the purposes of back-up or security, or as required by law from time to time.
    5. Any opinion contained in any User Content remains the opinion solely of the contributor of the User Content. Today’s Plan does not endorse, and is no way bound by, any opinion contained in any User Content.
    6. You agree that you will:
      1. comply with our policies from time to time in relation to the form and content of any User Content; and
      2. not submit any User Content that is false, libellous, defamatory, racially or ethnically offensive, or threatening to any person or entity, or that is otherwise illegal pursuant to any relevant law.
    7. Today’s Plan reserves its rights to remove any User Content from the Site at any time and for any reason.
  5. Medical Disclaimer
    1. By providing the Site for the Purpose, Today’s Plan is not providing and should not be considered or interpreted to be providing, any medical opinion or advice on any matter. Today’s Plan is not a medical organisation and our staff are not authorised to provide medical advice or diagnosis. Nothing in this Site should be construed as medical advice or diagnosis. No staff of Today’s Plan are, or purport to be, licensed or registered medical practitioners.
    2. Any fitness, evaluation or information reports generated by us should not be considered by you as a replacement for a medical consultation, evaluation or treatment by an appropriately licensed medical practitioner or health services provider. You should (and are urged to) seek the advice of an appropriately qualified medical practitioner in relation to any physical activities that you carry out, and in relation to the use of the Site for the Purpose.
    3. If you have a pre-existing medical condition, then you should seek professional medical advice prior to making use of the Program or other services on the Site.
  6. Insurance
    1. Today’s Plan holds appropriate insurance with reputable insurers which is relevant to the provision of the Programs and Services. Further details can be obtained from Today’s Plan on request.
  7. Intellectual property
    1. Today’s Plan, or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information including without limitation any software, text, graphics, images, video, audio data and other material (Information) provided on or via this Site or any Mobile Application (whether as part of the Content described in paragraph 3 or otherwise). You are not entitled to reproduce, store in a retrieval system or transmit in any form or by any means (whether electronic, mechanical, photocopying, recording or otherwise) without the prior written consent of Today’s Plan or the relevant owner of the Information.
    2. You have no rights in or to the Information, and you may not use the Information other than as permitted under these Terms or with our prior written consent (or the prior written consent of the owner from time to time). You may not sell, transfer, assign, licence or modify the Information, or reproduce, display, perform, make a derivative version of, or otherwise use the Information in any way other than in association with the Purpose.
  8. Limitation of Liability
    1. Today’s Plan does not warrant the accuracy, completeness or currency of information that is made available through this Site or any Mobile Application. Today’s Plan will not be liable for, or in connection with, any loss or damage arising from:
      1. any inaccuracies, errors or omissions in information made available through this Site or any Mobile Application; or
      2. the application or implementation of any Program.
    2. Notwithstanding the above, Today’s Plan will endeavour to ensure that information is updated as soon as practicable when Today’s Plan becomes aware that material changes have occurred.
  9. Hyperlinks
    1. The inclusion of links on this Site to content and data contained on other websites does not comprise or imply support or recommendation of any other company, product or service. We do not control and are not responsible for the information on any other site found through our Site. Such links are provided for your convenience only.
    2. Links to this Site are not permitted without the prior written consent of Today’s Plan.
  10. Breach of these terms
    1. If you breach any of these Terms, your permission to access the Site or any Mobile Application and to use the Services is automatically terminated. In the circumstance, you agree that you will immediately destroy any copies you have of the Information or any other Content.
  11. Use
    1. Subject to paragraph 11.2, this Site is intended for personal use by individuals, coaches, personal trainers and teams to manage their training.
    2. This Site may be used for a commercial purpose with the prior written consent of Today’s Plan.
    3. Users of Today’s Plan may nominate other Users or third parties (including without limitation coaches or personal trainers) to view or access their account for any purpose, including without limitation, for training purposes. If a User nominates another User, that User may be able to view and/or access their information. By nominating another User, you explicitly consent to the sharing of your information with that User by Today’s Plan.
  12. Amendments
    1. Today’s Plan reserves the right to change the information provided on or via this Site or any Mobile Application, including these Terms and our Privacy Policy, at any time and without notice. It is recommended that you review the information provided on or via this Site or any Mobile Application, including these Terms, periodically for changes.
  13. Privacy and collection of information
    1. Today’s Plan is committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by reference. You consent to the collection and use of personally identifiable information about you in accordance with the Privacy Policy and these Terms.
  14. Survival
    1. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, then that part or provision is severed for that jurisdiction. The remainder of the Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms or is contrary to public policy.
  15. Payment
    1. Today’s Plan may charge you fees associated with the Services offered by Today’s Plan (including the Programs). Today’s Plan’s current fee rates will be notified to you from time to time (Fee Amounts). Payment for Today’s Plan products and Services must be made by a valid credit card, or via a PayPal account (or similar direct payment method), accepted by us in our discretion. Fee Amounts are payable in Australian dollars. You hereby authorise Today’s Plan to charge your credit card, or agree to pay Today’s Plan directly through the Site using your PayPal account for:
      • a single once-off payment when purchasing a Mobile Application;
      • a once-off payment associated with the purchase of a Program; or
      • other ongoing fees associated with the use of the Services on a regular basis.
    2. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your use of the Site or any Mobile Application will be disabled until payment is received. Amounts paid to Today’s Plan in respect of its services (including prepayments if applicable), are non-refundable.
  16. Use on Mobile Devices
    1. To use or otherwise access the Mobile Applications, you must have a mobile device that is compatible with Today’s Plan and the Mobile Applications. Today’s Plan does not warrant that the Mobile Applications will be compatible with your device.
    2. Whilst Today’s Plan may not charge for use of some basic Mobile Applications, you may be obligated to pay some fees for use of certain premium Mobile Applications. In addition, a wireless carrier’s normal messaging, data and other rates and fees will still apply. Therefore you should check with your carrier to find out if the Mobile Applications are available for your mobile device, and what restrictions, if any, may be applicable to your use of the Mobile Applications.
    3. By using the Mobile Applications, you agree that Today’s Plan may communicate with you regarding Today’s Plan and the Services by SMS, MMS, text message or other electronic means directed to your mobile device. You should be aware that certain information about your usage of the Mobile Applications may be communicated to Today’s Plan. You agree that in the event you change or deactivate your mobile device telephone number, you will promptly update your Today’s Plan information to ensure that messages are not sent by Today’s Plan to your previous number.
  17. General
    1. This Site and its Terms shall be governed by and construed in accordance with the laws of the Australian Capital Territory.
    2. Failure by Today’s Plan to act on, or enforce, any provision of the Terms is not to be construed as a waiver of that provision or any other provision of these Terms. No waiver shall be effective against Today’s Plan unless the waiver is in writing.
    3. Unless we separately agree with you, these Terms constitute the entire agreement between us in relation to the matters covered in these Terms, and supersedes all previous agreements between the parties.