Terms of Use

Last updated: August 24th, 2026

Please read these Terms carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

Application means the mobile and web application made available to You by the Company under the name Vco App, which is provided using third-party software licensed to the Company.

Account means a unique account created for You to access our Service or parts of our Service.

Coaching Services means the personalised nutrition, training and accountability services provided by the Company to You, including one-to-one coaching and any Program, whether delivered through the Application, the Website, messaging, video call or otherwise.

Country refers to: Australia.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Vco App Pty Ltd ACN 669 976 112.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Health Information means information You provide to Us about Your physical or mental health, medical history, injuries, medications, body composition, dietary intake or training history.

Payment Date refers to the specified calendar day on which a monetary obligation, as agreed upon by the Parties, becomes due and payable by You to the Company.

Program means a structured coaching program offered by the Company, including the Rapid Cut Protocol (RCP), delivered to a group of participants over a defined period.

Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).

Service refers to the Application or the Website or both.

State refers to New South Wales, Australia.

Subscription refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms of Use (also referred as “Terms”) mean these Terms of Use, which form the agreement between You and the Company regarding the use of the Service.

Website refers to Vco, accessible from https://www.vcoapp.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Any new features or tools added to the Service are also subject to these Terms. You can review the current version of these Terms at any time by visiting this page. We may update them from time to time in accordance with the Changes to These Terms section below.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy You have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, where to do so would be unlawful.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, You are entitled to a refund for a major failure and to compensation for any other reasonably foreseeable loss or damage.

Every exclusion, limitation, waiver, release, disclaimer and indemnity elsewhere in these Terms applies only to the extent permitted by law, and is subject to this clause. Nothing in these Terms limits Our liability for death or personal injury.

Assumption of Risk and Acknowledgment

You acknowledge that physical exercise and changes to diet carry inherent risks, including risk of injury, aggravation of pre-existing conditions, and adverse health effects. You acknowledge that these risks exist even where programming is appropriate and instructions are followed correctly.

You acknowledge that the Coaching Services are delivered remotely. We do not observe You training, cannot assess Your technique in real time unless You send footage for review, and rely entirely on the accuracy and completeness of the information You provide to Us - including what You have told Us about Your equipment and training environment. You are responsible for ensuring that any equipment You use is commercially manufactured, unmodified, in sound working order, and used in accordance with the manufacturer's instructions.

You agree that You participate in the Coaching Services voluntarily and, subject to the Australian Consumer Law section above and to Our obligation to exercise due care and skill, You accept responsibility for Your own decisions about whether and how to train, eat and use the information We provide.

You agree to stop any exercise and seek medical attention if You experience pain, dizziness, shortness of breath or any other symptom that concerns You, and to notify Us.

Subject to the Australian Consumer Law section above, You agree to indemnify Us against any claim brought by a third party arising from Your breach of these Terms or Your unlawful conduct. This indemnity does not extend to any claim arising from Our own negligence, breach or wrongful act.

Health Screening and Medical Clearance

Before We commence the Coaching Services, You must complete Our health screening questionnaire in full and honestly. You must disclose:

(a) any current or past injury, surgery, or musculoskeletal condition; (b) any diagnosed medical condition, including cardiovascular, metabolic, respiratory, endocrine or renal conditions; (c) any medication or supplement You are taking; (d) any current or past diagnosis of, or treatment for, an eating disorder or disordered eating; (e) any mental health condition that may be affected by dietary restriction or structured exercise; (f) whether You are pregnant, may be pregnant, or are breastfeeding; and (g) any other matter that a reasonable person would consider relevant to whether structured training and dietary change is appropriate for You.

You must tell Us promptly if any of the above changes during Your engagement, or if You develop symptoms, sustain an injury, or receive a new diagnosis. Your programming depends on this information being current. You must also complete a new health screening questionnaire at least once every 12 months, and at any time We request one.

Where Your responses to the health screening questionnaire indicate that medical clearance is required, You must obtain and provide Us with written clearance from a medical practitioner before We commence or continue the Coaching Services. We may also require clearance in any other case where We consider it appropriate. We may decline to commence, or may suspend or end, Your engagement if You do not provide requested clearance, or if We form the view that the Coaching Services are not appropriate for You. Where We end Your engagement on this basis, We will refund fees for any period paid for and not yet delivered.

We are entitled to rely on the information You give Us. Where You have not disclosed something material, We may not be able to program safely for You.

Eligibility

You must also tell Us, before We commence and if it changes during Your engagement: (a) the country in which You will be located while receiving the Coaching Services; (b) whether You are preparing, or intend to prepare, for a bodybuilding, physique, powerlifting, weightlifting or other sporting competition; and (c) what equipment You will be training with.

We may decline to commence, or may suspend or end, Your engagement based on Your responses. Where We end Your engagement on this basis, We will refund fees for any period paid for and not yet delivered.

Scope of Practice

Tom Bailey holds an Active IQ Level 3 Diploma in Fitness Instructing and Personal Training (Ofqual-regulated, awarded 2016) and is an MNU Certified Nutritionist (Mac-Nutrition Universal), certified since 2018.

We are not medical practitioners, Accredited Practising Dietitians, Registered Nutritionists (RNutr), psychologists or allied health professionals, and We do not hold Ourselves out as such. The Coaching Services are general fitness and nutrition coaching. They are not medical treatment, medical nutrition therapy, psychological treatment, or treatment for any diagnosed condition.

We do not diagnose, treat, cure or manage any medical condition. We do not prescribe, and nothing We provide should be understood as a prescription. Where You have a diagnosed condition, the Coaching Services are not a substitute for the care of Your treating practitioners, and You should continue to follow their advice. Where their advice conflicts with Ours, follow theirs and tell Us.

Disordered eating. We do not provide treatment for eating disorders or disordered eating. If You disclose a current or past eating disorder, or if at any point during Your engagement We form the view that continued participation may not be in Your interests, We may decline to commence, suspend, or end Your engagement, and will encourage You to speak with an appropriate practitioner. We will refund fees for any period paid for and not yet delivered. A decision under this clause is not a judgement about You.

Supplements. Any supplement We mention is general information only. We do not sell or supply supplements. Check any supplement against Your own circumstances and Your practitioners' advice before use.

Health and Fitness Information Disclaimer

This section is subject to the Australian Consumer Law section above.

The health, fitness and nutrition information provided through the Service is offered for general education and informational purposes. It is not intended to diagnose, treat, cure or prevent any disease or condition, and it is not exhaustive - it does not cover all conditions, ailments or their treatment.

You should not rely on this information as a replacement for professional medical advice, diagnosis or treatment. Always consult Your physician or healthcare provider before starting any nutrition or exercise program, and continue to follow their advice as set out in the Scope of Practice section.

People differ and may respond differently. Any information We provide about supplements is general information only, as set out in the Scope of Practice section.

Remarks made within the Service by other users are their own personal views and are not claims made by Us or statements of Our position.

Results

We do not guarantee any specific result, and no statement made by Us - in the Coaching Services, on the Website, on social media, or in any advertising - should be understood as a guarantee of a specific result.

Results vary between individuals and depend on factors outside Our control, including Your adherence, genetics, medical history, medications, sleep, stress, training history and life circumstances.

Any testimonial, case study, or before-and-after image We publish reflects that individual's result. It is not typical, average or promised, and it is published with that person's consent.

Where a Program is described by reference to a rate of change or a timeframe, that description is an indication of what the Program is designed to target, not a commitment that You will achieve it.

General Conditions

This section is subject to the Australian Consumer Law section above. Nothing in it excludes, restricts or modifies any guarantee, right or remedy You have under the Australian Consumer Law.

Subject to that section, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted or error-free, or that information obtained through it will be accurate or reliable.

You are responsible for the Content You create, transmit or display while using the Service, and for the consequences of doing so.

Any material You download through the Service is downloaded at Your own risk, and You are responsible for any resulting damage to Your device or loss of data.

For information about how We handle Your personal information, please read Our Privacy Policy at https://www.vcoapp.com/privacy-policy.

The Coaching Services

The following applies to one-to-one coaching tiers. Where You hold a Vco App Only Subscription, the Vco App Only section below sets out what applies to You.

What is included. Your subscription includes an individualised training program, individualised nutrition targets, meal and recipe ideas within the Application, ongoing program updates, access to the Application, messaging support, and one-to-one video calls with Your coach. The specific inclusions and call allowance for Your tier are set out at the point of purchase. At the date of these Terms, the Vco tier includes up to 15 minutes of call time weekly or 30 minutes fortnightly, and the Vco+ tier includes up to 60 minutes weekly.

Check-ins. Your progress is reviewed and Your programming adjusted during Your one-to-one video calls. It is Your responsibility to book and attend Your calls. Where a call does not take place, We will carry Your existing programming forward until the next call.

Scheduling. Calls are scheduled by agreement. If You need to reschedule, please give Us at least 12 hours' notice. Where You do not attend a scheduled call without notice, that call is treated as used and is not rescheduled or credited.

Response times. We aim to respond to messages within two business days. We are based in Sydney and respond Monday to Friday during Australian business hours. We do not provide emergency or urgent support, and the Coaching Services must not be relied on in a medical emergency - call 000.

Your obligations. To get the benefit of the Coaching Services You need to attend Your calls, log Your training and intake as agreed, follow the equipment and safety acknowledgments in these Terms, and tell Us promptly when something isn't working. We can only adjust what We can see.

Inactivity. We will continue to contact You weekly whether or not You respond. If You have not responded to Us for eight consecutive weeks, We will send You a notice asking whether You wish to continue, pause or cancel. If We do not hear from You within 7 days of that notice, We will cancel Your Subscription and stop billing You. You will not be charged for any period after cancellation, and You are welcome to restart at any time.

Pausing. You may ask Us to pause Your Subscription at any time by messaging Us in the Application. Pausing is available on one-to-one coaching tiers only. If You hold a Vco App Only Subscription and want a break, You can cancel and restart at any time - there is no minimum term.

We will pause billing for a period of up to one month. There is no limit on how many times You may pause. During a pause You keep access to the Application and Your existing programming, but one-to-one coaching - including calls and messaging support - does not run. Billing and coaching resume at the end of the pause period unless You cancel before then. If You expect to be away for longer than a month, You may instead downgrade to a Vco App Only Subscription and return to one-to-one coaching when You are ready.

Programs. Where You purchase a Program with a defined start date, cohort or term - including RCP - the term, start date, and period of access are as stated at the point of purchase. Places may be limited. Where You join a Program after it has commenced, Your coaching period runs for the full term from Your start date.

All Program materials are made available to You at the start of Your term. Because You receive the full deliverables on joining, Program fees are not refundable once Your term has commenced, except where a refund is required under the Australian Consumer Law - see the Refunds section.

You may download and keep any Program materials provided to You in downloadable form, including documents and webinar materials, for Your own personal use indefinitely. Access to materials hosted within the Application ends when Your term ends, unless You continue with one-to-one coaching or an ongoing Subscription. You may not share, republish, resell or distribute any Program material at any time, during or after Your term.

Vco App Only. Vco App Only is a reduced tier available to existing clients stepping down from one-to-one coaching or from a Program. It is not sold to new clients. It includes access to the Application for logging Your training and nutrition, Your training program, exercise demonstration videos, and monthly updates to Your training program and nutrition targets, delivered by automated message. Vco App Only does not include one-to-one coaching. There are no calls, no individualised check-ins, and no coaching advice. Messaging is available for questions about Your program or nutrition targets - for example confirming a detail of a monthly update - but not for coaching support, technique review, troubleshooting, or advice on Your training or nutrition beyond what the Application provides. Where a question falls outside this tier, We will tell You and You are welcome to return to one-to-one coaching.

Everything else in these Terms applies to Vco App Only, including the Health Screening and Medical Clearance, Scope of Practice and Eligibility sections. Your health screening obligations continue while You hold this tier.

Personal to You. The Coaching Services are provided to You personally. You may not share, resell, transfer or provide Your programming or account access to any other person.

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. Subscriptions are billed monthly in advance. Your Payment Date is the same day each month as the day You first subscribed.

Your Subscription will continue month to month until You cancel it, and You authorise Us to charge Your nominated payment method on that recurring basis until You do.

Subscription Cancellations

You may cancel Your Subscription at any time, and it must not be harder to cancel than it was to subscribe. You may cancel by any of the following:

(a) using the self-service billing portal at https://billing.stripe.com/p/login/9B628s8999ehdNW8vb5wI00. Enter the email address You paid with and We will email You a login link. This link is also included in Your welcome message and in every monthly receipt;
(b) emailing contact@vcoapp.com with the word CANCEL; or
(c) messaging the word CANCEL in the Application's in-app messenger.

You do not need to give a reason, speak to anyone, or complete any additional step to cancel. We will confirm Your cancellation in writing within two business days.

Cancellation takes effect at the end of the monthly period You have already paid for. Cancel before Your next Payment Date and You will not be charged again. You keep access to the Service and Your coaching continues until the end of that period.

Where You cancel after a payment has been processed, that payment is not refundable except where a refund is required under the Australian Consumer Law, or where We agree to one - see the Refunds section.

Changing Your Subscription

You may upgrade or downgrade Your Subscription at any time by messaging Us in the Application or emailing contact@vcoapp.com.

A change takes effect from Your next Payment Date. Your current tier continues until then, and We will confirm the change in writing before the new rate is charged.

You may move between tiers as often as You need, in either direction. We do not restrict downgrades.

Vco App Only is available as a step-down for existing clients from one-to-one coaching or a Program. It is not available to new clients. You may return to one-to-one coaching at any time by messaging Us, subject to availability.

Billing and Fee Changes

You must provide Us with accurate and complete billing information and a valid payment method, and keep it current.

If a payment fails, We will notify You and may suspend access until payment is made. Your Subscription continues during any suspension unless You cancel.

We may modify Subscription fees from time to time. Any fee change will take effect at the end of Your then-current Subscription period. We will give You at least 30 days' written notice before any change to Your Subscription fee takes effect. If You do not wish to pay the new fee, You may cancel before the change takes effect and the change will not apply to You. A fee change will not take effect part-way through a period You have already paid for.

Your continued use of the Service after a fee change takes effect constitutes Your agreement to pay the new amount.

If You have a concern about a charge, contact Us first at contact@vcoapp.com. We will respond within two business days and will refund promptly where a refund is due. Where You initiate a chargeback without first contacting Us and the charge is found to be valid, We may suspend Your access until the matter is resolved and may recover reasonable costs We incur. This does not limit Your rights under the Australian Consumer Law or Your rights with Your card issuer.

Refunds

Nothing in this section limits Your rights under the Australian Consumer Law.

Where a refund is required under the Australian Consumer Law - for example where the Coaching Services are not supplied as described, are not fit for purpose, or are not supplied with due care and skill - We will provide one.

Where these Terms say We will refund fees for a period paid for and not yet delivered - including where We end Your engagement under the Health Screening and Medical Clearance, Scope of Practice, Eligibility or Termination sections - We will refund that amount within 10 business days.

Program fees are not refundable once Your term has commenced, because all Program materials are made available to You at the start of Your term. This does not affect Your rights under the Australian Consumer Law.

We do not otherwise refund for change of mind, partial use of a Subscription period, or a failure to cancel before Your Payment Date. We may still choose to offer a refund or credit in a particular case, and doing so on one occasion does not oblige Us to do so again.

To request a refund, email contact@vcoapp.com. We will respond within two business days.

User Accounts

Your account. You must be 18 years or older to create an Account. When You create an Account You must provide information that is accurate, complete and current, and keep it up to date.

Your password. You are responsible for keeping Your password secure and for activity that occurs under Your Account. Do not disclose Your password to anyone. Tell Us immediately at contact@vcoapp.com if You become aware of any unauthorised use of Your Account or any breach of security. Subject to the Australian Consumer Law section above, We are not responsible for loss or damage arising from a failure to keep Your Account secure. If You believe Your password has been compromised, You may request a reset at any time through the Application's in-app messenger.

Using the Service. You may use the Service only for lawful purposes and in accordance with these Terms. You must not:

(a) use the Service for any illegal or unauthorised purpose, or in breach of any law that applies to You;
(b) access or attempt to access the Service by any means other than the interface We provide, unless We have agreed otherwise in writing;
(c) access or attempt to access the Service by automated means, including scripts or web crawlers, and You must comply with any robots.txt file on the Service;
(d) reproduce, duplicate, copy, sell, resell or exploit any part of the Service without Our written permission; or
(e) duplicate, download, publish, modify or distribute material from the Website other than for Your own individual use, unless We have authorised it in writing.

Conduct. Abuse of any kind, including threats of abuse or retribution, directed at Us, Our staff or contractors, or another client, may result in Your Account being suspended or ended in accordance with the Termination section.

Content and moderation. You are responsible for all Content uploaded or created under Your Account. Our approach to Content, including what You may post and how We moderate shared areas, is set out in the Your Content section.

Suspension and termination. Where We suspend or end Your Account, We do so in accordance with the Termination section. If We disable access to Your Account, You may be prevented from accessing the Service, Your Account details, and Content held within it - see the Termination section for how We handle Your data afterwards.

Your Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

You retain all rights in the Content You submit. You grant Us a non-exclusive, royalty-free licence to host, store, reproduce and display Your Content solely for the purpose of providing the Coaching Services to You, operating the Service, and meeting Our legal obligations.

This licence does not permit Us to publish Your Content, market with it, or make it available to any other person, except:

(a) where You have given separate written consent under the Progress Photos, Health Information and Marketing section below; (b) where You post Content into a shared area of the Service - such as a Program group - in which case other participants in that group may see it; or (c) where disclosure is required by law.

This licence ends when You delete the relevant Content or close Your Account, except to the extent We are required to retain it by law or need to retain it to resolve a dispute.

You represent and warrant that the Content is Yours or that You have the right to use it and grant Us the licence set out above, and that posting it does not infringe the privacy, publicity, copyright, contract or other rights of any person.

Content Restrictions

You are responsible for the Content posted under Your Account, whether by You or by anyone else using Your Account.

You must not post Content that:

(a) is unlawful, or promotes or facilitates unlawful activity;
(b) vilifies, harasses or discriminates against any person or group, including on the basis of race, religion, sex, sexual orientation, gender identity, disability, age or national or ethnic origin;
(c) is threatening, abusive, defamatory, obscene or sexually explicit;
(d) is spam, unsolicited advertising, chain letters, or promotion of gambling or lotteries;
(e) contains viruses, malware, or anything designed to disrupt or damage software, hardware or telecommunications equipment, or to obtain unauthorised access to data;
(f) infringes any person's intellectual property rights;
(g) impersonates any person or entity, including Us or Our representatives; or
(h) discloses another person's private information without their permission.

Where a Program includes a group chat or other shared area, We review and moderate Content posted there. We may remove Content that breaches these restrictions, edit formatting, restrict Your access to shared areas, or suspend or end Your Account in accordance with the Termination section.

We cannot review every item of Content before it is posted. Where You encounter Content in a shared area that concerns You, please tell Us at contact@vcoapp.com and We will deal with it.

Content Backups

Backups of Content are performed by Our software provider. We cannot guarantee against loss or corruption of data. Backups may be affected by Content that was already corrupted before backup, or that changed while a backup was running.

Where a known or discovered issue affects backups of Your Content, We will provide support and attempt to troubleshoot it. Subject to the Australian Consumer Law section above, We are not responsible for the integrity of Content or for a failure to restore Content to a usable state.

We recommend You keep Your own copy of any Content that matters to You, in a location independent of the Service.

Progress Photos, Health Information and Marketing

Health Information. We collect Health Information from You in order to deliver the Coaching Services. Health Information is sensitive information under the Privacy Act 1988 (Cth). We collect it only with Your consent, use it only to deliver the Coaching Services to You, and handle it in accordance with Our Privacy Policy.

Progress photos. Progress photos You submit are used solely to assess Your progress and adjust Your programming. They are not published, shared with other clients, or used in any marketing without Your separate express written consent.

Marketing consent is separate and optional. We will never make consent to marketing use a condition of receiving the Coaching Services, and declining will not affect Your programming, Your pricing, or how We work with You.

If You do consent, We will ask You to confirm in writing, and Your consent will specify which images or statements, which channels, and for how long. You may withdraw Your consent at any time by writing to contact@vcoapp.com. On withdrawal We will stop using the material in any new publication and remove it from channels We control within 30 days. We may not be able to recall material already distributed, republished by third parties, or held in platform archives, and We will tell You where that is the case.

Other participants' information. Where a Program includes a group chat or other shared area, do not post another participant's information, images or progress without their permission. This applies during and after Your term.

Retention. We retain Health Information for as long as needed to provide the Coaching Services and for 2 years afterwards, then delete or de-identify it. Content stored within the Application may persist in Our software provider's backups for a limited period after deletion.

Access and correction. You may request access to, or correction of, Your Health Information at any time by writing to contact@vcoapp.com. We will respond within 30 days. Where We hold progress photos You would like removed, tell Us and We will delete them, unless We are required to retain them by law or need them to resolve a dispute.

Intellectual Property

The Service is operated using software licensed to Us by a third-party provider. As between You and Us, the Service and its original content, features and functionality remain the property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

You acknowledge and agree that the Company or its licensors own all legal right, title and interest in the Vco content and the Service, including any intellectual property rights subsisting in them, whether registered or not and wherever in the world those rights exist.

Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent. Nothing in these Terms gives You the right to use any of Our trade names, trademarks, service marks, logos, domain names, trade dress or other distinctive brand features unless You have agreed otherwise with Us in writing. You must not remove, obscure or alter any proprietary rights notices contained within the Service. You must not use any trademark, service mark, trade name or logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of those marks, names or logos.

We grant You, to the extent permitted by Our agreement with Our software provider, a personal, worldwide, non-assignable, royalty-free, non-exclusive sublicence to use the software provided to You as part of the Service (the "Software"). This licence exists solely to enable You to use and enjoy the benefit of the Service in the manner permitted by these Terms.

You may not, and may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part of it, unless expressly permitted or required by law, or unless We have authorised it in writing.

Unless We have given You specific written permission, You may not assign or sublicense Your rights to use the Software, grant a security interest in them, or otherwise transfer any part of them.

Your rights in Content You submit are set out in the Your Content section above. In performing the technical steps needed to provide the Service, We may transmit or distribute Your Content over public networks and in various media, and make such changes to it as are necessary to adapt it to the technical requirements of connecting networks, devices, services or media. You confirm that You have all the rights, power and authority to grant the licence set out in the Your Content section.

It is Our policy to respond to notices of alleged copyright infringement and to terminate the accounts of repeat infringers.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

By You. You may end Your engagement at any time by cancelling Your Subscription in accordance with the Subscription Cancellations section.

By Us, for cause. We may suspend or end Your access immediately, without refund, where You:

(a) materially breach these Terms; (b) fail to pay fees when due and do not remedy that within 7 days of notice; (c) share, resell or transfer Your programming or account access; (d) abuse, threaten or harass Us, Our staff, or another client; or (e) use the Service unlawfully.

By Us, for other reasons. We may end Your engagement for any other reason on 30 days' written notice, including where We are no longer able to provide the Coaching Services, where We consider We are not the right fit for You, or on the grounds set out in the Health Screening and Medical Clearance, Scope of Practice or Eligibility sections. Where We do so, We will refund fees for any period paid for and not yet delivered.

On termination. Your right to use the Service ends. We will make Your training and nutrition history available to You on request for 30 days afterwards, after which Your access to Content held within the Application ends. We handle Your Health Information after termination in accordance with the Progress Photos, Health Information and Marketing section. Nothing in this section affects Your rights under the Australian Consumer Law.

Limitation of Liability

This section is subject to the Australian Consumer Law section above.

Regardless of any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall not exceed the fees You paid for the particular information or service provided in the 12 months prior to the date the claim was made.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"As Is" and "As Available" Disclaimer

This section is subject to the Australian Consumer Law section above. Nothing in it excludes, restricts or modifies any guarantee, right or remedy You have under the Australian Consumer Law.

Subject to that section, the Service is provided to You "as is" and "as available", with all faults and defects. To the maximum extent permitted by law, the Company, on its own behalf and on behalf of its Related Bodies Corporate and its and their respective licensors and service providers, disclaims all warranties, whether express, implied, statutory or otherwise, in relation to the Service.

We give no warranty or undertaking, and make no representation, that the Service will meet Your requirements, achieve any intended result, be compatible with any other software, application, system or service, operate without interruption, meet any performance or reliability standard, or be free of errors or defects, or that any error or defect can or will be corrected.

We also make no representation or warranty as to the operation or availability of the Service or its content, the accuracy, reliability or currency of any information provided through it, or that the Service, its servers, its content, or emails sent by or on behalf of Us are free of viruses, malware or other harmful components.

Governing Law and Jurisdiction

The laws of the State, excluding its conflicts of law rules, govern these Terms and Your use of the Service.

You and We submit to the exclusive jurisdiction of the courts of the State and the courts competent to hear appeals from them. You agree not to commence or pursue any proceeding in relation to these Terms or the Coaching Services in any other court or jurisdiction.

Nothing in this section limits any right You have under the Australian Consumer Law, or any right You have under a law of Your own country that cannot be excluded by agreement.

Dispute Resolution

If You have a concern or dispute about the Service, please contact Us first at contact@vcoapp.com. We will acknowledge Your complaint within two business days and aim to resolve it within 20 business days. If We cannot resolve it between us, You may contact NSW Fair Trading or the Australian Competition and Consumer Commission. Nothing in this section prevents You from taking any other action available to You at law.

General

Notices. Notices to You will be sent to the email address on Your Account or through the Application. Notices to Us must be sent to contact@vcoapp.com. A notice is taken to be received on the next business day after it is sent.

Assignment. You may not assign or transfer Your rights under these Terms. We may assign Our rights on notice to You, provided the assignee agrees to be bound by these Terms.

Entire agreement. These Terms, together with Our Privacy Policy and the details set out at the point of purchase, are the entire agreement between You and Us and supersede any prior discussion or representation. This clause does not exclude liability for misleading or deceptive conduct.

Survival. The sections headed Australian Consumer Law, Assumption of Risk and Acknowledgment, Progress Photos, Health Information and Marketing, Intellectual Property, Limitation of Liability, and Governing Law and Jurisdiction survive termination.

Force majeure. We are not liable for failure to perform where caused by an event beyond Our reasonable control, provided We tell You promptly and resume as soon as reasonably practicable. Where an event of this kind prevents Us from providing the Coaching Services for more than 30 days, You may cancel and We will refund fees for any period paid for and not delivered.

No partnership. Nothing in these Terms creates a partnership, employment or agency relationship between You and Us.

Severability. If any provision of these Terms is deemed to be unenforceable or invalid, such provision will be altered and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver. Except as provided in these Terms, the failure to exercise a right or to require performance of an obligation under these Terms does not affect a party's ability to exercise that right or require that performance at any later time, nor does the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms

We may update these Terms from time to time, including to reflect changes to the Coaching Services or to legal requirements. Where a change materially affects Your rights or obligations, We will give You at least 30 days' notice by email or through the Application before it takes effect. If You do not agree to a change, You may cancel Your Subscription before it takes effect.

By continuing to access or use Our Service after a change takes effect, You agree to be bound by the updated Terms. If You do not agree, in whole or in part, please cease using the Website and the Service.

Information Disclaimer

This section is subject to the Australian Consumer Law section above.

The information provided through the Service is for general information purposes. While We take care to keep it current and accurate, errors and omissions can occur, and given the changing nature of laws, rules and regulations there may be delays or inaccuracies in what We publish. We may add to, remove from or modify the contents of the Service at any time.

We do not provide legal, accounting, tax or other professional advice through the Service. Where You need advice of that kind, consult an appropriately qualified adviser.

Where the Service contains views or opinions attributed to a named author, they are that author's own and do not necessarily reflect Our position.

Links to Other Websites

The Service may include links to third-party websites or services that We do not own, control or maintain.

We are not responsible for the content, accuracy, currency, privacy policies or practices of any third-party website or service, and We do not endorse them. Subject to the Australian Consumer Law section above, We are not liable for any loss or damage arising from Your use of, or reliance on, any third-party website or service.

We recommend You read the terms and privacy policy of any third-party website or service You visit.

Contact Us

If You have any questions about these Terms, You can contact Us:

By email: contact@vcoapp.com