Terms of Service - Neuro Guild

Last updated: October 22, 2022

Introduction

Welcome to NEURO GUILD (the “Website,” “site,” “we,” “us,” “our”), an Australian Registered Business and an online training, connecting, teaching membership website that provides its Members (as defined below) with online personal training, nutrition guidance, and various extracurricular activities/hobbies to learn. It is owned and operated by Perno Performance, an Australian Registered Business (ABN: 61 637 552 109).

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE NEURO GUILD PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE SERVICES IT PROVIDES AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use NEURO GUILD. You agree to (a) immediately notify NEURO GUILD of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account. NEURO GUILD will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You are solely responsible for your interactions with other users of the Website (“Users”) or Members. NEURO GUILD makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members.
You hereby release NEURO GUILD, its affiliates, contractors, employees, agents or third-party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
NEURO GUILD may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enrol. All incentive programs adhere to the NEURO GUILD terms and conditions. New enrolment incentives are for first-time clients only. Current members may not be eligible for current discounts or promotions. We may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, payment info, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of NEURO GUILD/Perno Performance, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
You agree to indemnify and hold harmless NEURO GUILD and its parent company and affiliates, and their directors, owners, moderators, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. 1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. Contains any type of unauthorised or unsolicited advertising;
  4. Impersonates any person or entity, including any NEURO GUILD employees or representatives.

Cancellations and Refunds

By enrolling in any membership, program, course, or event, and completing a purchase of any NEURO GUILD service, you acknowledge and agree you have read and understand the Terms, Conditions, Services, Procedures, Rules, and Regulations of our Website. You also acknowledge and agree to the following cancelation and refund policy:

You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of enrolment, excluding Sundays and holidays. Enrolment is defined by submitting your first payment.
A refund or partial refund may be granted If you cancel this agreement within 7 days of signing. You will be billed a minimum of $100 service fee for any work done by us on your behalf, even within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up, agreement generation, workout programming or meal planning, whether completed or not.
You acknowledge that all NEURO GUILD membership/subscription programs are a 28-day contract commitment, and you will be responsible for the term of the agreement.
Membership/subscription programs may be cancelled with a written 10-day notice as indicated above and no refunds will be granted.
If the purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance.
You acknowledge that the scheduling of coaching sessions is your responsibility and these sessions do not carry over monthly or accumulate. Each NEURO GUILD program includes a set monthly series of coaching sessions, and they expire at the end of each billing cycle and are non-refundable. MISSED OR LAST-MINUTE RESCHEDULES OF COACHING SESSIONS ARE ONLY PERMITTED ONE (1) TIME PER MONTH. Failure to meet your coach for sessions you schedule will be forfeited after the second no-show and no refunds or credits will be granted. However, NEURO GUILD may accommodate you for planned absenteeism, emergencies, vacations, or limited terms agreed upon separately from this agreement. Please coordinate with your coach for such accommodation. You may cancel your recurring dues 10 DAYS PRIOR to your billing date with written notice directly to your coach.

Modification of Terms

NEURO GUILD reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of NEURO GUILD Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.

Age Conditions

You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use NEURO GUILD. Membership in the NEURO GUILD Service is restricted to natural persons. Membership to the NEURO GUILD Service is void where prohibited. By using the NEURO GUILD Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.

Proprietary Rights

NEURO GUILD and its licensors own and retain all proprietary rights in the Website and/or the NEURO GUILD Service. The Website and/or the NEURO GUILD Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the NEURO GUILD Service that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any NEURO GUILD Materials. NEURO GUILD Materials do not include User Content (as defined below) or other content submitted by Users. NEURO GUILD retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the NEURO GUILD Service or NEURO GUILD Materials, except for the limited rights set forth in this Agreement.

Reliance on Content

Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the NEURO GUILD Service, but not directly by NEURO GUILD, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. NEURO GUILD does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the NEURO GUILD Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the NEURO GUILD Service. Under no circumstances will NEURO GUILD or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the NEURO GUILD Service or transmitted to or by any Users or Members.

Health Information

The information provided through the Website and/or the NEURO GUILD Service may contain general health information. THIS WEBSITE AND/OR NEURO GUILD SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE NEURO GUILD SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all NEURO GUILD programs or services. As such, you acknowledge that NEURO GUILD did not give you medical advice before you enrolled, and cannot give you any after you enrol, or discuss them with your doctor before participating in any programming.

Release of Liability for Injury or Death; Limitation on Liability; Damages.

Release of Liability for Injury or Death

YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. NEURO GUILD IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE NEURO GUILD SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE NEURO GUILD FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE NEURO GUILD SERVICE. Members should consult a physician before beginning use of the NEURO GUILD Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE NEURO GUILD SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, NEURO GUILD’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will NEURO GUILD or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if NEURO GUILD has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, NEURO GUILD’s liability will be limited to the extent permitted by applicable laws.

Nutrition and Fitness Disclaimer: The nutrition advice given by NEURO GUILD is based on the information you provided by completing and submitting the questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge NEURO GUILD provides general nutrition education and coaching and is not a medically supervised program. You understand any menu program created for you by NEURO GUILD is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercise suggestions. You understand that no service or program provided by NEURO GUILD is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that NEURO GUILD is in a license agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for NEURO GUILD clients based on the data submitted by the client on this questionnaire.

Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of NEURO GUILD which may include but may not be limited to nutrition planning and personalised coaching. In consideration of NEURO GUILD agreement to assist me, you do here and forever release and discharge and hereby hold harmless NEURO GUILD and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting therefrom. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.

Nutrition Assumption of Risk: You recognise that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold NEURO GUILD responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.

Indemnity by You

You agree to indemnify and hold NEURO GUILD, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the NEURO GUILD Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. NEURO GUILD reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NEURO GUILD and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of NEURO GUILD. NEURO GUILD will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Product: The Shop

NEURO GUILD offers an ecommerce store providing various paid resources, including but not limited to clothing, books, and water bottles.

Payment

You agree to pay and authorise NEURO GUILD’s third party payment processor to charge using your selected payment method, for all applicable fees and taxes to use our Services or purchase our products. All fees are in Australian Dollars and are non-refundable except as required by law. NEURO GUILD is not responsible for charges, import charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

Money Back Guarantee and Refunds

For NEURO GUILD active members of our shop, we will provide a refund under our 100% satisfaction guarantee. If you wish to receive a refund or have any questions about our money back guarantee, please contact us at admin [at] neuroguild . com (replace “at” with @ and delete spaces).

General Prohibitions and Acceptable Usage

You agree that you will not:

Access the membership area of the site corresponding to NEURO GUILD for any of these purposes:

Attempt to access another member’s account.

Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from NEURO GUILD/Perno Performance or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. NEURO GUILD/Perno Performance will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

All information stated on NEURO GUILD is for informational purposes only and does not constitute medical advise. BY ACCESSING THIS SITE YOU HEREBY WAIVE NEURO GUILD, PERNO PERFORMANCE, HAYDEN PERNO, AND ALL EMPLOYEES, ASSOCIATES, DONORS, MODERATORS ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.

NEURO GUILD/Perno Performance does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.

Copyrights/Trademarks

All content and materials available on https://neuroguild.com, https://pernoperformance.com, https://haydenperno.com, https://pernosophy.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of NEURO GUILD/Perno Performance, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by NEURO GUILD/Perno Performance.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by NEURO GUILD/Perno Performance. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, NEURO GUILD/Perno Performance EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Dispute Resolution and Governing Law

NEURO GUILD/Perno Performance currently operates from Wollongong, Australia. These Terms of Use shall be governed and construed in accordance with the laws of Australia applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the High Court of Australia, or for matters involving intellectual property, the Federal Court of Australia, located in Canberra, ACT Australia. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against NEURO GUILD/Perno Performance arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release NEURO GUILD/Perno Performance from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

NEURO GUILD/Perno Performance

admin [at] neuroguild . com (replace “at” with @ and delete spaces) or head to the contact form.