Terms of Service
1.1 The online portal TrunkStudios TV for modern online fitness training is an offer of TGB Cafe & Bar Pty Ltd. trading as TrunkStudios (hereinafter: "TrunkStudios").
1.2 These General Terms and Conditions (“GTC”) apply to the contractual relationship between TrunkStudios and the user (hereinafter: "User" or "You") for the use of this offer. Even if TrunkStudios does not expressly object to deviating GTC of the User, such shall not become a part of the contract.
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
- Close of Contract and Contractual Relationships; Registration Prerequisites; Change of the GTC
2.1 The prerequisite for the use of TrunkStudios’s offer (service packages subject to cost and/or free trial offers or other services) is that the User registers with TrunkStudios. TrunkStudios can offer free trials of TrunkStudios contents or services during a trial period either in the form of independent offers or upon free registration, or in combination with closing a contract for a service package subject to cost. Irrespective of any agreements providing otherwise, there is no entitlement to a free trial.
2.2 The contract will become effective by TrunkStudios’s confirmation of the User’s registration (“Registration") or TrunkStudios’s acceptance of the User’s order. TrunkStudios can also confirm the registration or accept the User’s order by activating the respective offer. TrunkStudios will confirm the order of a service package subject to cost in accordance with the legal regulations; this order confirmation does not constitute an acceptance of the order yet.
2.3 The terms of the contract will not be stored by TrunkStudios for the User, without prejudice to the statutory information requirements.
2.4 The User must have unrestricted contractual capacity or must act with the agreement of his/her legal representative. The User must have completed at least his/her 18th year in all cases.
2.5 TrunkStudios has the right to change these GTC if the User agrees to the change. The User’s agreement will be deemed given if TrunkStudios has informed the User in text form of the proposed change to the GTC.
- Scope of Service
3.1 Insofar as a contract has been concluded for a service package subject to cost, TrunkStudios shall provide the agreed services. Where TrunkStudios provides contents and/or services beyond this on a voluntary basis, this will be done without assumption of any legal obligation to do so and TrunkStudios shall be entitled to modify, expand or limit these services at any time.
3.2 The User is permitted to access agreed contents of TrunkStudios generally with limitation to the region of the European Union and Australia. Upon the taking force of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, the use also during a temporary stay of the User in a Member State of the European Union other than his/her own residential Member State is permitted, provided that the conditions for this cited in Regulation (EU) 2017/1128 are fulfilled and the customer tolerates and enables beforehand the validation of the Member State in which he/she maintains his/her residence (also repeatedly) in accordance with Regulation (EU) 2017/1128 and the applicable data protection regulations. It is pointed out that the technical quality during the retrieval of the contents in other European countries can differ negatively compared to the domestic quality.
3.3 TrunkStudios does not undertake to make data backups for the User and does not extend any assurances, guarantees or warranties beyond the legal regulations, unless agreed otherwise in the individual case.
- User’s Duties and Obligations, Prohibited Behaviour
4.1 The User may use TrunkStudios’s offer exclusively for his/her private purposes. Commercial or business use is prohibited. 4.2 The User undertakes to provide information truthfully and completely and to keep this information up to date during the term of the contract by adjusting the information or notifying TrunkStudios.
4.3 Only one registration may be maintained per person.
4.4 The User is obligated to keep his/her login data secret and not to pass it on to third parties. It is prohibited to provide third parties a possibility to use the registration and/or a service package subject to cost.
4.5 The User is obligated to observe the existing copyrights and other rights on the contents of service packages subject to cost and the other contents in TrunkStudios’s offer. He/she may not reproduce, disseminate or make these contents publicly accessible or remove any technical protection measures or copyright markings or rights symbols, unless this is expressly permitted.
4.6 The User is obligated to make hard and software and a broadband internet connection for the retrieval of the agreed contents or services from the offer of TrunkStudios available at his/her own cost.
4.7 If You are suffering from any medical issues such as diabetes or if You are pregnant, recently delivered or suffer from abnormal obesity, You may use TrunkStudios’s offer for training only if a physician has confirmed to You that the training is harmless.
4.8 The use of TrunkStudios is at your own risk. It is advised that you seek medical advice before starting any kind of physical exercises. TrunkStudios does not take any Liability whatsoever for any kind of injury encountered throughout using our service. The user shall not participate in any of our online classes unless cleared by a physician or doctor.
4.9 The User should adhere to the instructions given in the content provided, however if it is above the user’s capability the user should not proceed with the class.
4.10 Information provided by TrunkStudios, it’s employees or agents do not replace medical advice or a consultation with your doctor.
4.11 Despite all efforts to keep up-to-date with the newest research and studies, we cannot guarantee that our tips on health, dietary recommendations and training are supported with the newest findings. We also cannot guarantee that that the advice will work for you.
- Terms of Payment, Delay, Offsetting and Right of Withholding
5.1 All agreed compensation is understood including the statutory value added tax. The membership fee will be billed at the beginning of the paying portion of your membership at each month or quarter or year thereafter unless and until you cancel your membership. We will automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the billing time, in particular, if your payment method has not been successfully charged.
5.2 If payment in one complete sum for a certain period has been agreed, the total sum shall be due in the beginning of the period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
5.3 Payment is permissible exclusively using the agreed payment instrument. By agreeing to the direct debit procedure, the User authorizes TrunkStudios to collect payments owed by him/her from the indicated account of the User.
5.4 If a user does not fulfil a due payment obligation to TrunkStudios, TrunkStudios will have the right to block the User's access temporarily until the owed payment is received, after giving prior warning and without prejudice to further statutory and contractual rights. In that case, the term of the contract shall remain unaffected by the temporary block.
5.5 The User shall refund TrunkStudios for the losses and required expenses (e.g. cost of return debits), which are incurred by TrunkStudios due to absent or belated payment by the User or other disruptions to the payment by the User (e.g. a lack of funds on the account in breach of duty in case of a direct debit mandate), unless the User has no fault in these instances.
5.6 No Refunds; Payments are non refundable and there are no credits for partially used portions. Following a cancellation, however you will continue to have access to your TrunkStudiosMembership through the end of your current billing period.
- Term of Contract, Automated Extension, Pausing, Termination
6.1 The contract for a service package subject to cost will be valid for the respectively agreed term. After its end, it will respectively prolong automatically by the agreed term of the contract, whereas at most for one year, unless the User or TrunkStudios terminate the contract in observation of the following period: seven days before the end of the respectively current term. In deviation thereof, the contract can be terminated by both Parties at any time during the free trial period; in that case, a contract on any service package subject to cost that may have been ordered in conjunction with this free trial period will also end, i.e. no contract period subject to cost will follow to this free trial period.
6.2 Termination requires the written form for validity. The User can also declare termination online using the relevant feature provided for this purpose in the user account.
6.3 The statutory right of both Parties of extraordinary cancellation for good cause remains unaffected. Cause for extraordinary cancellation is given for TrunkStudios in particular if the User intentionally provides false information in the course of the registration or order and/or later change of his/her data, or if he/she has repeatedly violated the GTC, provided that TrunkStudios has given warning regarding the observation of the User’s relevant contractual duty without success before the extraordinary cancellation (warning).
6.4 Insofar as TrunkStudios offers and agrees with the User on a free trial period for a service package subject to cost, the agreed contract period for the service package subject to cost shall prolong accordingly; in that case, the extended period will run first (if applicable, with an ordinary right of special cancellation by the User where agreed) followed by the regular term of the service package subject to cost.
6.5 If the User has signed a contract for a service package via TrunkStudios’s website (i.e. this does not apply to the purchase via apps or the app store provider, e.g. Apple /iTunes, Google, Amazon) and for as long as the User is not in default of fulfillment of his/her contractual obligation, he/she can pause the service package subject to cost up to two times for a total period of at most 90 days within 365 consecutive days by activating the relevant setting provided for this purpose in his/her user account. In that case, he/she will not be able to use the service package subject to cost during the suspended period and the term of the service package subject to cost will prolong by the time of the pause as agreed.
- Liability & Warranty
7.1 YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUNKSTUDIOS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. TRUNKSTUDIOS DOES NOT WARRANT UNINTERRUPTED USE OR SERVICE OF OPERATION OF THE SERVICE OR TAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY KIND OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUNKSTUDIOS, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7.2 NEITHER TRUNKSTUDIOS NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF TRUNKSTUDIOS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Final Provisions, Miscellaneous
8.1 No verbal or written side agreements exist.
8.2 If individual provisions of these GTC or the concluded contract should be or become fully or partly invalid in other respects, the remaining contract shall stay in full force and effect. The statutory provision shall replace the invalid provision.
8.3 Australian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall apply in relation to consumers, however, only insofar as the protection is not withdrawn that is granted by compulsory provisions of the law of the state in which the consumer maintains his/her place of habitual abode.
8.4 The place of jurisdiction agreed for all disputes arising from the contractual relationship between the User and TrunkStudios is the place of TrunkStudios’s registered office if the User is a merchant, a legal entity of public law or a public-law investment fund. Irrespective thereof, TrunkStudios retains the right to sue the User also at its statutory place of jurisdiction.
8.5 In the case of complaints about TrunkStudios, the User can contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/
8.6 TrunkStudios is not obligated and not willing to participate in dispute resolution procedures before a consumer mediation office.