PAOWER by Pao — Terms & Conditions, Privacy Policy and Disclaimer

Last updated: 1 October 2025
Entity: PAOWER by Pao (ABN 62 139 866 281)
Registered in: Queensland, Australia
Contact: hola@paower.com.au
Website/App: www.paower.com.au and the PAOWERmobile/web application (the “App”)
Technical Provider: Application developed/maintained by FitBudd Inc.and other service providers engaged by PAOWER (collectively, “Service Providers”).

TITLE I. INTRODUCTION, ACCEPTANCE AND DEFINITIONS

1.1 Acceptance of Terms

By creating an account, purchasing a program, subscription or challenge, or accessing/browsing the Website/App (the “Platforms”), you (“User”, “you”) agree to be legally bound by these Terms & Conditions, the Privacy Policy, and the Disclaimer(together, the “Terms”). If you do not agree, do not use the Platforms.

1.2 About PAOWER

“PAOWER”, “we”, “us”, or “our” means PAOWER by Pao (ABN 62 139 866 281), operating from Queensland, Australia.

1.3 Scope

These Terms govern: (a) access and use of the Platforms; (b) purchase and use of training/nutrition programs (personalised and non-personalised), memberships, challenges, and other digital products; (c) any physical products we offer; (d) community participation and communications; and (e) all related support.

1.4 Definitions

(a) Account: Your registered profile for the Platforms.
(b) Content: All materials provided by PAOWER (programs, workouts, videos, images, recipes, text, calculators, trackers).
(c) Digital Products: E-books, plans, programs, memberships, challenges, downloadable/streaming media delivered digitally.
(d) Programs: PAOWERYou, PAOWERFocus (Training/Nutrition), PAOWERFull, and Challenges.
(e) Membership: Any continuing subscription granting access to Content/Services/App features.
(f) Fees: Amounts payable for Programs/Memberships/Products, including taxes/surcharges where applicable.
(g) Payment Method: Valid card, PayPal, Stripe or other provider integrated with the Platforms.
(h) User Content: Photos, videos, testimonials, reviews, progress data uploaded by you.
(i) Service Providers: FitBudd and other third parties supporting hosting, payments, analytics, messaging, storage.
(j) ACL: Australian Consumer Law.
(k) APPs: Australian Privacy Principles (Privacy Act 1988 (Cth)).
(l) Minimum Total Investment: The total Fees payable for the unexpired portion of a Minimum Term (see 4.2 and 4.11).

1.5 Changes to Terms

We may amend the Terms at any time by posting updates on the Platforms. The version accepted at checkout applies to that purchase. Continued use after an update constitutes acceptance.

TITLE II. ELIGIBILITY, REGISTRATION AND ACCOUNT SECURITY

2.1 Eligibility

You must be 18+ and have capacity to contract. If aged 16–17, you may use the Platforms only with the consent and supervision of a parent/guardian who accepts these Terms on your behalf.

2.2 Registration Data

Provide accurate, current and complete information and keep it updated (e.g., name, email, payment details, optional health info for personalisation). We may request verification and may suspend/terminate Accounts if data is inaccurate or cannot be verified.

2.3 Credentials & Security

You are responsible for safeguarding login credentials and all activity on your Account. Notify hola@paower.com.au immediately of suspected unauthorised access. Do not share or transfer your Account.

TITLE III. PROGRAMS, PERSONALISED SERVICES, ACCESS & DELIVERY

3.1 Programs

(a) PAOWERYou and PAOWERFocus (Training/Nutrition) provide structured and personalised coaching based on information you supply (goals, preferences, dietary info, training history, etc.).
(b) PAOWERFull and Challenges are time-bound, fixed-scope offerings; they are not subject to the Minimum Term (see 4.2).
(c) Unless expressly stated, access windows for Digital Products are limited to the period displayed at purchase; no lifetime access is granted unless explicitly stated.

3.2 Personalised Plan Preparation

Please allow 3–5 business days after sign-up (and after you complete all required intake forms) for your coach to prepare and release personalised plans. Delays in providing intake data extend delivery timelines.

3.3 Tools & Calculators

Any calculators/trackers are informational only and may not reflect your unique physiology or needs. Do not rely exclusively on these tools.

3.4 Service Modifications & Availability

We may add/suspend/modify features, content or delivery schedules to improve service or comply with law. Outages, maintenance and third-party platform issues may occur.

TITLE IV. FEES, MINIMUM TERM, BILLING, CANCELLATIONS, PAUSING & REFUNDS

4.1 Payment Methods & Onboarding Fee

(a) Payments are processed via Stripe/PayPal or other authorised Payment Providers. Their terms/privacy apply in addition to these Terms.
(b) An onboarding fee may apply and is charged prior to services commencing.
(c) You may select weekly, fortnightly, monthly or pay-in-full instalments where offered. Your selection sets an automatic direct debit.

4.2 Minimum Commitment

(a) PAOWERYou and PAOWERFocus (Training/Nutrition) have a Minimum Term of 12 weeks.
(b) Challenges and PAOWERFull are not subject to the Minimum Term.
(c) During the Minimum Term, cancellation is not permitted except as required by the ACL or where we approve a hardship/medical exception (see 4.10).

4.3 Recurring Billing Authorisation

By subscribing, you authorise PAOWER and/or the Payment Provider to debit your Payment Method for Fees (weekly/fortnightly/monthly/annual as selected) until cancelled in accordance with these Terms.

4.4 Failed Payments & Dishonour Fees

(a) If a payment fails, the system will automatically retry.
(b) A dishonour/administration fee may apply to failed payments (if levied by our Payment Provider).
(c) You must settle any outstanding amounts promptly. We may suspend services and/or App access until reconciled.
(d) Payment detail changes: You must notify us immediately of changes to your card/bank details.

4.5 Price Adjustments

We may adjust Fees after your Minimum Term. We will give at least 14 days’ notice to your nominated email. New pricing takes effect on the next billing after the notice period.

4.6 Notice to Cancel (Post-Minimum Term)

After completing the Minimum Term (if applicable), you may cancel with at least two (2) weeks’ written notice before your next billing date by emailing hola@paower.com.au. Access continues until the end of the paid period. No pro-rata refunds are provided for partial billing cycles.

4.7 Pausing (Post-Minimum Term)

(a) You may request a pause once every 12 months for up to 4 weeks total, unless your specific plan states otherwise.
(b) Provide 14 days’ notice for any pause.
(c) Pauses are not available during the Minimum Term.
(d) Program delivery is paused and App access may be suspended during the pause.

4.8 No-Refund Policy (Digital & Membership Services)

(a) No refunds for change of mind, early cancellation, missed sessions, or non-use.
(b) Refunds/credits are only provided where required by the ACL or under 4.9–4.10.

4.9 Limited Refund Consideration (Evidence Required)

We may consider a credit/refund at our sole discretion for:
(i) Duplicate purchase (notify within 7 days);
(ii) Technical access failure not caused by your device/network and not resolved within 5 business days after you provide diagnostics;
(iii) Material mismatch between the Program and its published description.

4.10 Compassionate/Medical Hardship

We may, at our discretion, pause, defer payments, or waive parts of the Minimum Term if you provide appropriate medical or hardship documentation. Decisions are case-by-case and not guaranteed.

4.11 Minimum Total Investment (Early Exit Inside Minimum Term)

If you cancel inside the Minimum Term (without an ACL or approved hardship basis), you remain liable for the Minimum Total Investment, being the unpaid Fees due for the remainder of the Minimum Term.

4.12 Chargebacks & Collections

Unauthorised chargebacks without first attempting good-faith resolution may result in suspension, referral to debt collection, and recovery of reasonable administration/collection costs to the extent permitted by law.

TITLE V. SERVICE TERMS: COMMUNICATION, CHECK-INS, CONDUCT

5.1 Communication Standards

Be timely, respectful and professional in all communications. Harassment, slurs, threats, defamatory or abusive conductwill result in immediate suspension/termination without refund (subject to ACL).

5.2 Check-Ins

(a) Submit weekly/fortnightly check-ins on time (as instructed in the App). Late or missed check-ins can affect results; your coach may review at the next cycle.
(b) Calls: If you need to reschedule/cancel a check-in call, do so at least 3 hours before the call via the App (subject to coach availability published there).

5.3 No Solicitation / Community Integrity

You must not solicit PAOWER clients for competing services, represent yourself as a PAOWER coach, or mislead others about affiliation with PAOWER.

TITLE VI. ACCEPTABLE USE, SECURITY & PROHIBITIONS

You must not: (a) upload unlawful/obscene/infringing content; (b) share others’ personal data without consent; (c) spam/scrape/reverse engineer the App; (d) attempt to bypass security or inject malware; (e) misuse logos, trade marks or Content.

TITLE VII. INTELLECTUAL PROPERTY & LICENCE

7.1 Our IP

All Content, methodologies, templates, recipes, images, videos, documents, trademarks and logos are owned or licensed by PAOWER and protected by Australian/international IP laws.

7.2 Limited Personal Licence

We grant a revocable, non-exclusive, non-transferable, non-sublicensable personal licence to access Content for private, non-commercial use during your valid access window. You must not copy, redistribute, record, publish, “stream-rip”, or create derivatives without our prior written consent.

7.3 Immediate Termination for IP Misuse

Unauthorised use ends your licence and may lead to legal action and injunctive relief.

TITLE VIII. USER CONTENT, IMAGE RIGHTS & MARKETING PERMISSIONS

8.1 User Content

You warrant you own or control rights to any content you upload and that it does not violate law or third-party rights.

8.2 Marketing Consent (Opt-Out Available)

You grant PAOWER a worldwide, royalty-free, transferable, sublicensable licence to use, edit, reproduce, display and distribute your testimonials, reviews, comments and progress photos/videos for marketing and promotional purposes (web, social, email). You may withdraw consent at any time by emailing hola@paower.com.au; we will cease new uses within a reasonable time and remove where feasible (past publications may persist).

TITLE IX. HEALTH, MEDICAL, NUTRITION & SAFETY

9.1 Not Medical Advice

All information is educational and not medical advice. Always consult a doctor before commencing a fitness/nutrition program or changing medications/supplements.

9.2 Assumption of Risk

Exercise and dietary change carry risks including injury, illness or death. You accept these risks and are responsible for your safety and environment.

9.3 Pre-Existing/New Conditions

PAOWER/coaches are not liable for pre-existing or new health issues or injuries arising during your participation. Stop activity and seek medical help if symptoms occur.

9.4 Nutrition Specifics

Nutrition guidance may not be tailored to medical conditions unless explicitly provided as a personalised service. Check allergens/contraindications with a qualified professional.

9.5 Performance Enhancing Drugs (PEDs)

PAOWER prohibits the use of performance enhancing drugs in connection with participation. You warrant you have not used PEDs in the past 2 years and will not use them during your Program. Breach may result in immediate exclusion and liability for the Minimum Total Investment if still within the Minimum Term.

TITLE X. THIRD-PARTY SERVICES, FITBUDD & APP STORES

10.1 Service Providers

We use Service Providers (including FitBudd) for hosting, development, payments, analytics, messaging and storage. They may access information only as reasonably necessary and under appropriate safeguards.

10.2 App Stores

Your use of Apple App Store/Google Play is subject to their terms. Apple/Google are not responsible for support, maintenance or legal claims regarding the App.

10.3 External Links/Tools

Links to third-party sites/tools are for convenience, not endorsements. We are not responsible for their content or practices.

TITLE XI. PRIVACY POLICY (AUSTRALIA)

11.1 Compliance

We comply with the Privacy Act 1988 (Cth)and APPs. We implement reasonable administrative, technical and physical safeguards; no system is 100% secure.

11.2 Information We Collect

Identity/contact, account/usage data, device/browser/IP data, optional training/nutrition/health data you choose to provide for personalisation, transaction metadata (we do not store full card numbers), communications, cookies/analytics.

11.3 Purposes

Deliver and personalise Programs, administer Accounts, process payments, support, improve safety/performance, send service/marketing communications (opt-out anytime), comply with law, enforce Terms.

11.4 Disclosures

To Service Providers (FitBudd, hosting, analytics, payments, email/SMS), professional advisers, authorities when compelled, or in a business transfer (with safeguards).

11.5 Overseas Processing

Data may be stored/processed outside Australia (e.g., cloud regions). We take reasonable steps to ensure APP-consistent protections.

11.6 Retention & Rights

We retain data as needed for the purposes above and legal requirements, then de-identify/destroy where reasonable. You may request access/correctionand opt-out of marketing via hola@paower.com.au. If unresolved, contact the OAIC (oaic.gov.au).

11.7 Mailing List Consent

By signing up you consent to receive promotional and informational emails. You can unsubscribe at any time via the email link or by contacting us.

11.8 Notifiable Data Breaches

We will assess and notify affected individuals and the OAIC if an eligible data breach occurs.

11.9 HIPAA

The US HIPAA rules do not apply to our Services.

TITLE XII. CONSUMER GUARANTEES, LIABILITY & INDEMNITIES

12.1 ACL

Nothing in these Terms excludes or limits non-excludable consumer guarantees under the ACL. Where permitted, our remedy is limited to resupplying services or paying the cost of resupply.

12.2 No Result Warranties

We do not guarantee any specific fitness, aesthetic or performance outcomes.

12.3 Service Interruptions & Force Majeure

We are not liable for delays/failures due to maintenance, outages, third-party failures, acts of God, strikes, pandemics or events beyond reasonable control.

12.4 Indirect Loss

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or loss of profits, data, goodwill or opportunities.

12.5 Liability Cap

Subject to the ACL, our aggregate liability for all claims is capped at the total Fees you paid to PAOWER in the three (3) months preceding the claim.

12.6 Indemnity

You indemnify PAOWER, its officers, employees and coaches from claims/losses arising out of: (a) your breach of the Terms; (b) misuse of the Platforms/Content; (c) your User Content; (d) failure to obtain appropriate medical advice.

TITLE XIII. TERMINATION, SUSPENSION & ENFORCEMENT

13.1 By You

You may terminate your Account at any time by emailing hola@paower.com.au. Termination takes effect at the end of the current billing period. No refunds for amounts already paid except as required by the ACL.

13.2 By Us

We may suspend/terminate your Account, remove content or restrict access (with or without notice) for breach, non-payment, fraud/abuse, PEDs policy breach, community safety, or legal compliance. Re-registration may be denied.

13.3 Consequences

Upon termination/suspension, your licence to use Content ceases and access is revoked. Provisions which by nature survive (IP, privacy, liability, indemnities, governing law) continue.

TITLE XIV. MISCELLANEOUS

14.1 Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Brisbane, QLD.

14.2 Notices

We may provide notices via email, App notifications, or postings on the Platforms. Keep your contact details current.

14.3 Assignment

You may not assign these Terms without our written consent. We may assign or transfer our rights/obligations without restriction.

14.4 Severability & No Waiver

Invalid provisions are severed; remaining provisions continue. Failure to enforce is not a waiver.

14.5 Entire Agreement & Interpretation

These Terms (including Privacy Policy and Disclaimer) are the entire agreement. Headings are for convenience; “including” means “including without limitation”.

TITLE XV. FRONT-END ACKNOWLEDGEMENT (IN-APP/WEBSITE CONSENT)

Do you accept the following terms and conditions?

• I will      pay weekly/fortnightly/monthly/annual Fees according to my      selection and authorise automatic debits.
• I      understand a 12-week Minimum Term applies to PAOWERYou and PAOWERFocus      (Training/Nutrition). (It does not apply to Challenges or      PAOWERFull.)
• After      the Minimum Term, I must give two (2) weeks’ written notice to pause      or cancel.
• I      acknowledge no refunds are available except as required under the ACL;      late or missed payments may incur an additional fee.
• I      consent to PAOWER using my photos/testimonials for marketing unless      I withdraw consent by email to hola@paower.com.au.
• I      understand personalised plans may take 3–5 business days after      sign-up (once I submit all intake info).
• I      acknowledge PAOWER is not liable for pre-existing or new     health issues or injuries; I will consult a medical professional before      starting.
• I will      not use performance enhancing drugs; breach may result in exclusion      and liability for the Minimum Total Investment.
• By      purchasing a subscription to use the App, I agree to pay the Fees     under these Terms. Fees may change after the Minimum Term; if so,      PAOWER will provide at least 14 days’ notice.

CONTACT

Email: hola@paower.com.au