TERMS AND CONDITIONS, PRIVACY POLICY AND DISCLAIMER
Welcome!
The material appearing on this website https://www.ahealthymove.com/ (this “Site”), is provided as information about A Healthy Move and as its online operational platform. The owner of this Site, Di Shepherd, A Healthy Move and its agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendations provided on this Site is at your own risk.
TERMS AND CONDITIONS
Last modified: 8 September, 2022
Please read this carefully before using the Site! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site. If you do not accept these terms, please do not use this Site.
The following terms and conditions form a binding agreement (these “Terms and Conditions”) between you and A Healthy Move, a sole proprietorship operating in Singapore (“A Healthy Move”). A Healthy Move may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Trademark & Copyright. Logos for A Healthy Move are trademarks of A Healthy Move and its affiliates (the “Marks”). You must obtain written permission from A Healthy Move to use the Marks. All materials created by A Healthy Move on the Site are protected by Australian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to A Healthy Move. The contents of this Site are all copyrighted by A Healthy Move, unless otherwise noted. You must obtain written permission from A Healthy Move to use the contents of the Site in any manner not authorized by these Terms and Conditions.
2. Links to Third Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of A Healthy Move and A Healthy Move is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. A Healthy Move accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with A Healthy Move on various platforms, and help A Healthy Move offer the easiest services for you and conduct transactions.
3. Use License. If A Healthy Move have materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose or for any public display (commercial or non-commercial);
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by A Healthy Move at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Refunds. There will be no refunds of any kind from A Healthy Move for any products sold on or through the Site. All sales of this type are final. Payment will only be refunded in accordance with Singapore Consumer Law’s and not simply because you have changed your mind about a purchase. So long as we are able to offer our services as advertised to you, and you have paid for them, you will not be entitled to a refund.
5. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of A Healthy Move linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and A Healthy Move relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms and Conditions may not be amended or modified except by A Healthy Move. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by A Healthy Move to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
6. Site Terms of Use Modifications. A Healthy Move may revise these terms of use for its website at any time without notice. By continuing to use the Site after A Healthy Move modifies these Terms and Conditions, you are agreeing to be bound by this updated version of these Terms and Conditions.
7. Limitation of Liability. In no event shall A Healthy Move or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to view or use the materials or content on Site, even if A Healthy Move has been notified orally or in writing of the possibility of such damage.
8. Governing Law. Any claim relating to A Healthy Move’s website shall be governed by the laws of Singapore, SINGAPORE without regard to its conflict of law provisions.
9. Indemnity. As a condition of your use of this Site, you indemnify and hold harmless A Healthy Move and Di Shepherd and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
PRIVACY POLICY
Last modified: 8 September, 2022
A Healthy Move understands how important your privacy is. This privacy policy (“Privacy Policy”) sets out the privacy policies and practices for A Healthy Move and its subsidiaries and affiliates (collectively, “A Healthy Move”) with respect to how A Healthy Move collects your personal information. It also describes how A Healthy Move maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by A Healthy Move via this website, https://www.A Healthy Move.com.au/, and other websites operated or provided by A Healthy Move and various subdomains (collectively, the “Sites”) and other places on the Sites where we may collect your personal information. This Privacy Policy also sets out how you can access certain information that A Healthy Move collects about you.
In this Privacy Policy, “Personal Information” means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws.
Please note that the Sites may contain links to other third-party websites that are not controlled or operated by A Healthy Move. This Privacy Policy does not apply to such third-party websites, and A Healthy Move is not responsible for the content of such third-party websites or the privacy practices of such third parties. A Healthy Move encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
1. Consent of Collection of Information. By submitting Personal Information to A Healthy Move or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting A Healthy Move at di@ahealthymove.com You understand that if you withdraw your consent, A Healthy Move may not be able to continue to offer its services and provide its information to you.
2. Revisions to this Privacy Policy. A Healthy Move reserves the right, in A Healthy Move’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. A Healthy Move will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any Personal Information collected on or after the date posted. A Healthy Move will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
3. What Personal Information does A Healthy Move collect and how is it processed?
3.1 What do we collect? A Healthy Move may collect your name, email address, address, mobile or phone number, date of birth, medical history or medical information as necessary to provide training services or assessments to you.
3.2 Newsletter. We will ask for both your name and email address in order to send you our newsletter. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional.
3.3 Phone Number. We will collect your phone number and we may contact you via phone if there is an exciting new listing or we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
3.4 Third Parties. A Healthy Move may work with third party applications in order to provide you with the best services on the Sites. These organizations may collect Personal Information from you in order to provide you with these services including your name and contact information. Specifically, the third parties A Healthy Move works with on the Sites are listed below. We’ve included links to their Privacy Policies to ensure you are comfortable using them.
i. PayPal: https://www.paypal.com/au/webapps/mpp/ua/privacy-full
ii. Stripe: https://stripe.com/au/privacy
iii. Squarespace: https://www.squarespace.com/privacy
iv. Active Campaign: https://www.activecampaign.com/legal/privacy-policy
4. How will A Healthy Move use your Personal Information?
Your Personal Information will be used to provide you with promotional and informative materials and offer and deliver the products and services, including classes, workshops, eBooks, digital courses, online membership programs whereby you can purchase or subscribe to from the Sites. Specifically,
a) Your credit card information will not be kept by A Healthy Move but instead by one of the third parties listed in section 3.4 above;
b) Your name and e-mail address are collected and any information captured will be processed through third party websites in section 3.4 above or stored by A Healthy Move
c) A Healthy Move will send newsletters, promotion materials, invoices, and receipts to your email addresses
d) Your phone number will be used to contact you via phone if there is information we would like to share which we feel would benefit you;
e) If you subscribe to our newsletter your information will be used to send the newsletter to you;
f) If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you do not wish to receive our promotional emails;
g) We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance with the service you purchased
h) Employees and contractors of A Healthy Move will have access to some client information, such as phone numbers via WhatsApp groups that only existing clients have access to;
i) We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
j) We may also share certain aggregated, anonymized information with a third-party provider in order to assist us is improving the Sites.
5. Storing Your Personal Information. A Healthy Move’s web server may store your Personal Information when you interact on the Site. A Healthy Move will be happy to delete any of your information it holds upon a written request made by you. Your Personal Information will be safely disposed of by A Healthy Move.
6. Storing Your Phone Number. Your phone number and Personal Information will be kept and stored in the phone or contacts database of A Healthy Move and Di Shepherd. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
7. We Play by The Rules. The Sites and A Healthy Move abide by all relevant Singapore and Australian laws in all aspects of our operations. As such, we abide by all the rules of the Personal Data Protection Act (PDPA) 2012 and we abide by all the rules of the Australian Privacy Act 1988 and the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000. If you’ve got any questions about our compliance with this legislation, feel free to reach out to di@ahealthymove.com
8. Do Not Track Signals. A Healthy Move currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
9. Analytics. The Sites keep the following information from your visits to our webpag
a. Visitor information to improve our customer engagement which tells us where and when people visit the Sites and how long they stay there; and
b. IP information for website and server securit
10. Cookies. The Sites use ‘cookies’ to keep a record of the number of times you’ve visited the Sites and how you interacted with the Sites during each visit. In addition to this, the Sites also use cookies which are not absolutely essential for your use of the Sites. Your continued use of the Sites serves as consent for these cookies.
a. You might be wondering what a cookie is. Well, it is a small text file that gets sent by the servers of the Sites to your hard drive and can only be read and interpreted by the Sites’ servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
b. Why do we use cookies? Despite being an awesome word generally, cookies help the Sites understand how you interact while visiting the Sites and what your preferences are and thus can improve your experience on the Sites. If you do not want cookies from the Sites, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Sites, including an inability to use the Sites, but of course it is your choice to do so.
11. Disclosure of Personal Information. A Healthy Move will NEVER sell or license any Personal Information we collect from you. A Healthy Move is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 3.4 above. By purchasing any of the products or services offered by A Healthy Move, you agree to be bound to and consent to the provisions of our third parties’ Privacy Policies.
12. Jurisdiction. This Privacy Policy and the use of the Site are governed by Singapore laws. If a dispute arises under this policy, we agree to first resolve it through binding arbitration to take place in Singapore.
13. Your Consent. By choosing to provide A Healthy Move with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
14. Protecting Your Privacy. A Healthy Move is committed to protecting your privacy. Security measures, such as using passwords on email servers have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. You are responsible for maintaining the confidentiality of your password. Online transactions are completed using third party applications outlined in section 3.4 above. Please refer to the third parties’ Terms and Use and Privacy Policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. A Healthy Move makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for your use of them.
15. The Internet Can Be Sketch. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to A Healthy Move over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside A Healthy Move’s control.
16. Verifying and Amending Your Personal Information. A Healthy Move tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at di@ahealthymove.com to advise us of any changes to your personal information. You may request access to the Personal Information held by A Healthy Move at any time or seek to make corrections to it.
17. Resolving your concerns. If you have any questions or concerns about A Healthy Move’s Personal Information collection, use and disclosure practices, please let us know at di@ahealthymove.com and we will do our best to help you.
DISCLAIMER
Effective date: 8 September, 2022
This website and all of the information on it and services provided through it is owned by Di Shepherd of A Healthy Move (“A Healthy Move”, “we”, “our” and “us”). This disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use the website, https://www.ahealthymove.com (the “Site”) and how you access our content and services, either as a paying customer or simply as a website visitor.
We highly encourage you to read this Disclaimer and our Terms and Conditions and Privacy Policy before you explore our Site, just so you are clear on expectations from using the Site. Your continual use of the Site will be deemed acceptance of the terms in our aforementioned documents. Of course, if you do not wish to be bound by our terms, policies and disclaimers, you can always leave the Site immediately and never return. The choice is always yours.
No Guarantees
You are going to see these words, ‘No Guarantees’ a lot in our Disclaimer, so we thought we would put it front stage and center. What does No Guarantees mean? It is very basic, and the words are meant to have their exact meaning: we make NO GUARANTEES about any success that you’ll get from our Site or our products and services. We will do everything for you to succeed, but we make No Guarantees.
You understand that A Healthy Move makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life based on the information we share or services we sell through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life. Even if you’ve worked with A Healthy Move as a client before and had certain results, we make no guarantee that will happen again. We cannot be any more clear about this: we love you, but we make no promises regarding results and make no guarantees whatsoever.
Intention
The intention of the information we share and post on the Site is for informational and promotional purposes only. We have learned awesome things about fitness and coaching and we’re happy to share this with you.
You are Responsible for Your Own Actions
Just to be clear, you are fully responsible for any actions you do or do not take while interacting with the Site. As a condition of using this Site, you agree you will be prudent and consult with a professional before taking any significant decisions regarding your life based on information you find on the Site.
Qualifications + Not Professional Advice
Di Shepherd holds the following qualifications and does not represent or warrant that they have any professional qualifications outside of what is listed below:
● Master Trainer – Australian Institute of Fitness
● Personal Trainer Cert 4, Fitness Instructor Cert 3 – Australian Institute of Fitness
● Certified Women’s Coaching Specialist – Girls Gone Strong Academy
● Pre and Post-Natal Certification – Australian Fitness Network
● Pre and Post-Natal Exercise Certification – Preggi Bellies
● Effective Nutrition Coaching – Australian Fitness Network
● Everyday Nutrition for Every Body – Australian Fitness Network
● Injury & Rehab – Australian Fitness Network
● Boxing & Group X Bootcamp Certification – Punchfit
● Level 1 Suspension Training Certification – Crankit Fitness
● Kettlebells Level 1 & 2 Certification – Australian Institute of Kettlebells
NOTE: Any professionals working with A Healthy Move have been hired with appropriate qualifications for the services they offer.
The information on this Site and Podcast, while provided by a successful fitness coach and professional, is not tailored to you specifically. As such, the advice on the Site is not professional advice. Di Shepherd has developed insight and skills to offer classes, workshops, eBooks and online membership programs and anything shared on the Site comes from a place of love and wanting to support you. A Healthy Move provides professional advice in the context that they have worked very hard to learn how to be a successful coach and assist others. However, A Healthy Move does not represent or warrant to be an expert or professional with professional designations and makes no guarantees regarding any specific success from working with A Healthy Move. Your choice to rely on A Healthy Move‘s advice, guidance, teaching or principles is simply that - your choice. We’re not telling you what to do. We are telling you things you can do which we have seen work for other people. That doesn’t mean it is guaranteed to work for you.
In this light, you understand you cannot hold us liable in any way for any actions you take or do not take based on our content on this Site. Feel free to use the information on the Site as a cool resource for ideas and information, but act or do not act on it only if you want. Hire a professional or seek professional advice if you are making important decisions for your life but understand you can’t hold us responsible for how you interact with the information on our Site.
Not a client...yet!
By accessing and using the Site, there is no client-professional relationship created between you and A Healthy Move. You will only be a client once you sign a contract that we send to you, officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
Mistakes
We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you with helpful information for your life and health. But we ask you to understand that not everything we include on the Site may be accurate or entirely true. Of course, we’ll never intentionally mislead you, but it may be that we are human (well, we are!) and we make a mistake. Or, it is possible that we forget to include something in sharing our information on the Site. As such, we ask you to take the information on the Site with a grain of salt, not to rely entirely on what we share and accept that some of our content may be incorrect. Again, if you have any issues with this, you are always welcome to stop using the Site.
Sharing Things We Love
While creating content for the Site, we’ll often share other authors we love or cool products and amazing things that light us up which we want to share with you! For the majority of what we review, we are doing so from our heart without any ancillary benefit to us except knowing that we are sharing something we love. In alignment with everything shared on this Site, we ask you to take our shares exactly for exactly what they are: us sharing cool things with you. What we share is not professional advice and we ask you not to rely solely on our opinion of what we think is incredible. If we have some form of relationship with a company or product where we get a kickback or benefit from them, we will explicitly disclose that information for your clarity and our peace of mind.
Online Affiliations
If we provide a link to an affiliated service or some form of partnership of a business we work with, we will let you know. Also, just a heads up - if we have an affiliation with a company, it is because we think they are wonderful at what they do and want to share their services with you. You will always retain the right to choose to work with another company, business or professional if you like and we ask you not to rely solely on our recommendations. You will always be the one to decide if a purchase feels right and we encourage you to be diligent in making any such decisions. If we get a kickback from an affiliation, it never comes at a cost to you.
Testimonials
We are super proud of our amazing clients whom we have helped achieve incredible results as A Healthy Move and previous entity ‘ibelieve fitness’. We want you to know that all of these testimonials are from actual clients and all of their words, feelings and results are totally authentic. Please note however, that while these testimonials showcase incredibly hard working and talented individuals, their results are a product of their hard work and efforts. Further, their success is NO GUARANTEE for results you will get from working with A Healthy Move. Everyone is different and everyone will have different results. We have chosen to highlight some of our favourite clients and have them explain our services in their own words.
Disclaimer
It may happen that we share some our client’s success stories and some specifics around what their success looks like. Once again, their success is NOT A GUARANTEE for your success and we are simply showing what results are possible through our programs, not that everyone will get these results from our programs and services.
What we do is everything we can to help you succeed, but ultimately your ability to achieve results you desire depends on a multitude of factors, chiefly you. We make NO GUARANTEES related to any specific success you may experience by using our services and programs. It is entirely possible, although unlikely, that you can do one of our courses or be coached by us and see no results at all. Anything is possible. We ask you to fully grasp this concept before you use the Site and enjoy our services.
If you take our recommendations that we share on the Site or use our services, we ask you to do so mindfully and with prudence. You understand that A Healthy Move is not liable for any actions you take or do not take based on the information we provide or the services and products we offer.
No Warranties
A Healthy Move makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by Singapore laws, A Healthy Move disclaims all warranties regarding all information, products and services offered on or through the Site.
Releasing A Healthy Move of Liability
A Healthy Move will not be liable for any actions you do or do not take based on the information on the Site and products or services sold through the Site. None. A Healthy Move will not be liable for any damages based on your participation of using the Site or through anything you have purchased through the Site.
Further, you understand that by the fullest extent permissible by law that A Healthy Move will not be held responsible for any form of damages or any legal claims against it based out of your use of the Site and through any of the services or products purchased through the Site.
Reach Out
Please feel free to connect with A Healthy Move to ask us any questions. All communications should be directed to di@ahealthymove.com If you have any questions whatsoever prior to signing this Disclaimer, we will provide you with an honest answer to make sure you make the best decision for you.
Thanks so much and we appreciate you reading our Disclaimer!