Terms and Service.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and APF Health and Fitness, doing business as NXTLVL Technologies ("NXTLVL," "we," "us," or "our"), concerning your access to and use of the www.nxtlvltechnologies.com.au website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
1. CHANGES TO TERMS
We reserve the right to update or modify these Terms of Use at any time without prior notice. We will notify users of significant changes by updating the "Last Updated" date. It is your responsibility to review these Terms
2. USER ELIGIBILITY
The Site is intended for users who are at least 18 years old. By using the Site, you warrant that you meet this requirement and will comply with all applicable laws.
3. INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including but not limited to text, graphics, logos, and software (the "Content"), is our proprietary property or licensed to us and is protected under copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable license to use the Site for personal, non-commercial purposes.
4. USER CONDUCT
By using the Site, you agree not to:
- Use the Site for any unlawful purpose.
- Interfere with or disrupt the Site’s security, functionality, or servers.
- Attempt to gain unauthorised access to our systems.
- Upload or distribute viruses or malicious code.
- Impersonate another person or misrepresent your affiliation.
5. MEMBERSHIP, CANCELLATION, AND SUSPENSION
5.1 Membership Cancellation
To cancel your membership, a Membership Cancellation Form must be submitted at least 7 days prior to the end of your billing cycle. The cancellation will take effect at the end of your billing cycle. In any instance that the 7 day notice period is not met, your membership cancellation will take place at the end of the next billing cycle. Once canceled, all data associated with your account will be permanently deleted.
5.2 Membership Suspension
To suspend your membership, a Membership Suspension Form must be submitted at least 7 days prior to the end of your billing cycle. Suspension costs $4.99 per week, and a specified start and end date must be provided. In any instance that the 7 day notice period is not met, your membership suspension will take place at the end of the next billing cycle.
6. PAYMENT TERMS
- All NXTLVL memberships operate on a recurring 28-day billing cycle. This means your chosen plan and any applicable fees will be charged every 28 days from the date of your initial subscription or renewal. It is your responsibility to ensure sufficient funds are available on your payment method at the time of billing to avoid service interruptions or failed payments.
- All online payments made through the NXTLVL platform are subject to a 3.99% card processing fee, which will be automatically added to the total transaction amount. This fee covers third-party payment processing charges and ensures continued secure and reliable transaction handling. By submitting payment through our platform, you acknowledge and agree to this surcharge.
- If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be suspended or force-canceled for non-payment in NXTLVL’s sole discretion. Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. In the event that you dispute any charges on your invoice, You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All NXTLVL determinations regarding your obligation to pay invoiced Fees and charges are final.
- Payments must be completed before progressing to the next step of any Custom Project.
- A 25% upfront payment is required before Custom Project initiation, with subsequent instalments as outlined in the Custom Project Proposal Agreement.
7. PRIVACY POLICY
Your use of the Site is also governed by our Privacy Policy, available at: Privacy Policy.
8. LIMITATION OF LIABILITY
NXTLVL shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or services. Our total liability for any claim shall not exceed the amount paid by you to us in the three months preceding the claim.
9. TERMINATION
We reserve the right to terminate or suspend your account and access to the Site at our discretion, without notice, for any violation of these Terms.
10. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be resolved through binding arbitration or in the state and federal courts located in New South Wales.
11. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Email: [email protected]
By using NXTLVL Technologies, you agree to abide by these Terms and Conditions.
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