Terms of Service
Last Updated: 23 May 2025
Welcome to the website https://stokedwellness.com.au (the "Site") operated by Stoked Wellness Pty Ltd ("we", "our", or "us"). By accessing or using our Site and services, you agree to be bound by the following Terms of Service ("Terms"). If you do not agree with these Terms, please do not access or use our Site.
1. Use of Our Site
1.1 Eligibility: You must be at least 18 years of age to use this Site. By accessing or using the Site, you represent and warrant that you are 18 years or older and that you agree to comply with all of these Terms.
1.2 License to Use: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use, strictly in accordance with these Terms and all applicable laws.
1.3 Prohibited Conduct: You agree not to:
- Use the Site for any unlawful purpose.
- Attempt to disrupt or interfere with the normal operation of the Site.
- Copy, redistribute, or modify any of our content without our prior written consent.
- Use any device, software, or routine that interferes or attempts to interfere with the proper functioning of the Site.
2. Services and Medical Disclaimer
2.1 Exercise Physiology Services: Stoked Wellness Pty Ltd provides exercise physiology services designed to promote wellness, pain management, rehabilitation, and performance enhancement. Our services are tailored to support your health and well-being; however, they do not substitute professional medical advice, diagnosis, or treatment.
2.2 Medical Disclaimer: The information and services provided on this Site are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
3. Intellectual Property Rights
3.1 Copyright: All content on this Site, including but not limited to text, images, logos, graphics, data compilations, and software, is the property of Stoked Wellness Pty Ltd or its content suppliers and is protected by Australian and international copyright laws.
3.2 Trademarks: All trademarks, service marks, and trade names (collectively the "Trademarks") displayed on the Site are the property of Stoked Wellness Pty Ltd or other respective owners. Nothing contained on the Site should be construed as granting any license or right to use any Trademark without the prior written consent of its owner.
3.3 Restrictions on Use: You agree not to modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express prior written permission.
4. Disclaimers and Limitation of Liability
4.1 Disclaimers: The Site and all information, products, and services included on or otherwise made available to you through the Site are provided on an "as is" and "as available" basis without warranty of any kind. To the fullest extent permitted by law, Stoked Wellness Pty Ltd disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2 Limitation of Liability: In no event shall Stoked Wellness Pty Ltd, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any errors or omissions in content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site.
5. Indemnification
You agree to indemnify, defend, and hold harmless Stoked Wellness Pty Ltd and its affiliates, officers, agents, and employees from any claim, demand, liability, loss, damage, or expense (including legal fees) arising out of or related to your use of the Site, violation of these Terms, or infringement by you of any intellectual property or other rights of any person or entity.
6. Governing Law and Dispute Resolution
6.1 Governing Law: These Terms and any action related thereto shall be governed by the laws of Queensland, Australia, without regard to its conflict of law provisions.
6.2 Dispute Resolution: Any dispute arising from these Terms or your use of the Site shall first be addressed amicably by contacting us. If a resolution cannot be reached, the dispute shall be resolved through mediation or arbitration in Brisbane, Australia. You agree that any legal action shall be brought exclusively in the courts located in Brisbane, Australia.
7. Changes to Terms of Service
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting on the Site, and you agree to be bound by any such modifications. It is your responsibility to review these Terms periodically.
8. Termination
We may terminate or suspend access to our Site immediately, without prior notice or liability, if you breach any of these Terms or for any other reason. Upon termination, your right to use the Site will cease immediately.
9. Contact Information
If you have any questions about these Terms, please contact us at:
Stoked Wellness Pty Ltd
Email: info@stokedwellness.com.au