On-Demand Membership Terms

1.1. You must be at least 18 years old and have legal capacity to enter into a binding contract under the laws of New South Wales, Australia.

1.2. You must create an account using accurate, current and complete information, keep your login credentials confidential, and promptly update any changes. You are responsible for all activity that occurs under your account.

2.1. Each Service offers a one-week (7-day) free trial beginning on the date you first register for that Service.

2.2. During the trial you may cancel at any time through the account settings page with no charge.

2.3. Unless cancelled within 7 days after you signed up for your trial (calculated from the exact time you submitted your free trial form), the applicable first subscription fee (see clauses 3 and 4) will be charged automatically using the payment method you provided.

3.1. After the free trial, the membership fee is AUD $19 per week, billed fortnightly in advance (i.e. AUD $38 every two weeks).

3.2. The first fortnightly payment of AUD $38 is processed immediately following the expiry of the trial and recurs every fortnight thereafter until cancelled.

3.3. There is no lock-in contract. You may cancel at any time via the account settings page. If you cancel during a paid fortnightly term, your membership remains active until the end of that paid fortnight and no further payments will be taken.

4.1. After the free trial, the membership fee is AUD $19 per month, billed monthly in advance.

4.2. The first monthly payment of AUD $19 is processed immediately following the expiry of the trial and recurs monthly thereafter until cancelled.

4.3. There is no lock-in contract. You may cancel at any time via the account settings page. If you cancel during a paid month, your membership remains active until the end of that month and no further payments will be taken.

5.1. All payments are processed through Stripe's secure payment gateway and are subject to Stripe's terms, conditions and guidelines in addition to these Terms. By providing your payment details you authorise us (and Stripe) to debit your nominated card or account for the fees and any taxes that may apply.

5.2. If a payment fails or is reversed, we may suspend or terminate access to the relevant Service until all outstanding amounts are paid. You remain liable for any costs we incur in recovering unpaid amounts, including reasonable collection and legal costs.

6.1. We may change membership fees or billing cycles on at least 30 days' prior notice sent to the email address registered on your account. If you disagree with the change you may cancel before the new fees take effect; continued use after the effective date constitutes acceptance.

6.2. We may modify, suspend or discontinue all or part of a Service on reasonable notice without liability, except that if we permanently cease a Service we will refund any prepaid fees for the unused portion of the current billing period.

7.1. You acknowledge that participation in any physical exercise involves inherent risks, including risk of serious injury or death, and you voluntarily assume full responsibility for all risks.

7.2. Before commencing any program you must consult a qualified healthcare professional to ensure it is safe for you, especially if you are pregnant, have any pre-existing injury or medical condition, or are taking medication.

7.3. To the fullest extent permitted by law, we disclaim all liability for any personal injury, illness, death, property damage or other loss resulting from your use of the Services. Nothing in these Terms limits rights you may have under the Australian Consumer Law that cannot be excluded.

8.1. You must use the Services for personal, non-commercial purposes only and in accordance with all applicable laws.

8.2. You must not:

8.3. We may monitor use and suspend or terminate access if we reasonably believe you have breached these Terms.

9.1. All text, graphics, video, audio, software and other materials made available through the Services (collectively, "Content") and all related intellectual property rights are owned by us.

9.2. Subject to payment of applicable fees and compliance with these Terms we grant you a limited, revocable, non-exclusive, non-transferable licence to stream the Content for personal use only. No other rights are granted.

10.1. We collect, store and use personal information in accordance with our Privacy Policy the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

10.2. By using the Services you consent to the collection and use of your personal information, including disclosure to Stripe and other service providers located in Australia or overseas for the purposes of payment processing, account management and customer support.

11.1. The Services are provided via the internet. You are responsible for obtaining and maintaining compatible devices, operating systems, software and high-speed internet access. Service quality may vary depending on your equipment and network conditions.

11.2. We aim to keep the Services available 24 hours per day, seven days per week, but do not guarantee uninterrupted or error-free operation. Planned maintenance or unforeseen outages may occur, during which access may be limited or unavailable.

12.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

12.2. Subject to clause 12.1, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms (whether in contract, tort, statute or otherwise) is limited to:

12.3. To the maximum extent permitted by law, we exclude liability for any indirect or consequential loss, loss of profit, loss of business opportunity, loss of data or damage to reputation.

13.1. You indemnify and hold us, our officers, employees, contractors and agents harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

14.1. We reserve the right to immediately suspend or terminate your access to the Services on written notice if you materially breach these Terms, fail to pay fees when due, or if required by law.

14.2. On termination for any reason, your licence to use the Content ends immediately and you must cease all use. Clauses that by their nature should survive termination (including clauses 7, 9, 10, 12, 13, 17 and 18) shall survive.

15.1. You may cancel your membership at any time by providing written notice of cancellation. To provide valid notice of cancellation, please send your cancellation request to our Member Support Team at hello@thephoenixtribe.com.au. Your cancellation will take effect at the end of your current paid billing period, and you will continue to have access to the Services until that date. No further payments will be charged after your cancellation becomes effective.

15.2. Your cancellation request will be deemed received when it is delivered to our inbox. Upon receipt of your cancellation request, we will send you a confirmation email within 3 Business Days. If you do not receive confirmation, please contact us to ensure your request has been processed.

15.3. Please be aware that we do not provide refunds for any unused portion of a billing period that has already commenced, except as required by law or as otherwise stated in these terms.

15.4. After your membership is cancelled and the current billing period ends, your access to the Services and Content will be terminated. If you wish to rejoin in the future, you may do so by creating a new account and subscribing again, subject to the then-current Terms and fees.

16.1. We are not liable for delay or failure to perform any obligation under these Terms if the delay or failure results from events beyond our reasonable control, including without limitation acts of God, natural disasters, epidemic, pandemic, war, civil commotion, labour disputes, power or internet failure, or governmental action.

17.1. If a dispute arises, you must first notify us in writing and allow us 30 days to negotiate in good faith.

17.2. If the dispute is not resolved, either party may refer it to mediation.

17.3. If mediation is unsuccessful, the dispute shall be submitted to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

18.1. We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign these Terms without our prior written consent.

18.2. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions continue in full force.

18.3. These Terms constitute the entire agreement between the parties in relation to the Services and supersede all prior representations, discussions, understandings or agreements.

18.4. Any amendment to these Terms will be effective when posted on our website and notified to you by email.

18.5. A waiver of any right under these Terms is effective only if in writing and signed by the party granting the waiver.

19.1. These Terms are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of its courts and tribunals.