Terms & Conditions

Website, Applications and Services - Terms and Conditions

Thank you for visiting the website and app and/or registering to use our services. Our website and app is owned and operated by PT Mate Pty Ltd ACN 632 078 856. By accessing and/or using this website, services available via the website, our app and related services (collectively, app), you agree to these Terms and Conditions, which include our Privacy Policy (available at www.ptmate.net/privacy-policy) (Terms). You are taken to have accepted our Privacy Policy when you accept these Terms. These Terms constitute an agreement between you and us. You should review our Privacy Policy and these Terms carefully and immediately cease using our services and/or the app if you do not agree to these Terms.

We may change our Terms from time to time by publishing changes to them on the app. We encourage you to check the app periodically to ensure that you are aware of our current Terms.

In these Terms:

  1. 'us', 'we' and 'our' means PT Mate Pty Ltd ACN 632 078 856 and our related bodies corporate; and
  2. ‘Data’ means any data inputted by you or with your authority into the app.

By registering to use the app you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the app. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the app.

1. Registration

You must be a registered member to access certain features of the app and may only access and use our app from Australia.

When you register and activate your account, you will provide us with information including personal information such as your name and email address, telephone number, date of birth and height. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

  1. at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with us; and
  3. agree and warrant to use the app in accordance with these Terms.

Also, to sign up as a personal trainer, you must be properly registered or qualified in the profession you list as your profession when you sign up.

2. Use of Software

We grant you the right to access and use the app with the particular user roles available to you according to your membership type. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.

3. Collection Notice

PT MATE PTY LTD ACN 632 078 856 ('we', 'us' or 'our') collects personal information about you in order to provide you with services and for purposes otherwise set out in our Privacy Policy at www.ptmate.net/privacy-policy.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties, including those that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. We may disclose your personal information to recipients that are located outside of Australia, including to data storage parties.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@ptmate.net. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this Collection Notice. By accessing and/or using this app and related services, you agree and consent to the collection, use, disclosure and storage of personal information in accordance with the Privacy Policy.

4. Medical Disclaimer

We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the app or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the app and/or participate any program and/or products and services on the app. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the app and/or its products or services.

You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the app, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the app, or its products and services, is at your sole risk.

You agree that it is your responsibility to ensure the program templates, consent forms and nutritional information contained in the app are only to be used if found by you to be relevant and appropriate for your specific health requirements and that the use of the app’s program templates, consent forms and nutritional information is not designed or intended to be used without the you first consulting your health professional or treating specialist (eg doctor, personal trainer, coach).

We also do not endorse any of the personal trainers that are on our app. We do not undertake any background checks. We do not represent that any personal trainers on our app are properly qualified or insured. You must make your own inquiries before commencing training with any personal trainer.

5. Accuracy, completeness and timeliness of information

The information on the app is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the app, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the app. You should monitor any changes to the information contained on the app.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the app or a linked app. You must take your own precautions to ensure that whatever you select for your use from the app is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the app (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the app updated. We are not liable to you or anyone else if errors occur in the information on the app or if that information is not up-to-date.

6. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

We may, at our discretion, delete your Data. If we elect to do this, we will take reasonable steps to notify you in advance so that you are able to back-up your Data before it is deleted.

7. Ownership and Use of Data

Title to, and all intellectual property rights in, the Data remain your property. You grant to us a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the app and for any other purpose related to provision of services to you or set out in our Privacy Policy.

8. Acknowledgement

You acknowledge that:

  1. You are authorised to use the app and to access the information and Data that you input into the app, including any information or Data input into the app by any person you have authorised to use the app.
  2. If you select the service, you will be allowing your personal trainer/s to access your personal information that you have uploaded to your account. If you have granted this access to more than one personal trainer, those personal trainers will be able to share information about you between one another;
  3. We have no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use our services or access the app on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    • You are responsible for ensuring that you have the right to do so;
    • You are responsible for authorising any person who is given access to information or Data, and you agree that we have no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address; and
    • You will indemnify us against any claims or loss relating to:
      • our refusal to provide any person access to your information or Data in accordance with these Terms,
      • us making available information or Data to any person with your authorisation.
  4. The provision of, access to, and use of, the app is on an "as is " basis and at your own risk.
  5. We do not warrant that the use of the app will be uninterrupted, secure or error free. Among other things, the operation and availability of the systems used for accessing the app, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the app. We are not in any way responsible for any such interference or prevention of your access or use of the app. We make no warranty that:
    • errors or defects will be corrected;
    • the app will be free of viruses or other harmful components; or
    • the app will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by third parties.
  6. We are not your health or medical practitioner or personal trainer and use of the app does not constitute the receipt of health, sports training or medical advice. If you have any health or medical questions, please contact a health or medical practitioner.
  7. It is your sole responsibility to determine that the app meet your needs and is suitable for the purposes for which it is used.
  8. You remain solely responsible for complying with all applicable privacy, health and other laws. It is your responsibility to check that storage of and access to your Data via the app will comply with laws applicable to you (including any laws requiring you to retain records).
  9. No advice or information, whether oral or written, obtained by you or through the app will create any warranty not expressly included in these Terms or required by law.

9. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this app and in all of the material (including all text, graphics, logos, audio and software) made available on this app (Content).

Your use of this app and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this app or the Content. However, we do grant you a non-exclusive licence to access the app and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this app or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this app, the Content or any part of it is prohibited, except to the extent permitted by law.

For the purposes of these Terms, Works means all works, designs, materials and other subject matter that have been, or will in the future be, uploaded by you to the app, including fitness and nutritional plans.

Any Works you upload to the app or create using the app will vest in us upon creation. You assign to us all existing and future rights in all such Works. The assignment is effective without any payment to you, whether by way of royalty or otherwise, and is in perpetuity and without restriction as to use or territory. We grant you a non-exclusive licence to access the Works on the terms and conditions set out in these Terms. We can use the Works at our absolute discretion.

You must do all things necessary to give effect to the assignment, including executing any further document required by us, and do anything reasonably requested by us to enable the us to further assure the rights assigned.

To the full extent permitted under Part IX of the Copyright Act 1968 (Cth), you:

  1. voluntarily and unconditionally consent to all or any acts or omissions by us, or persons authorised by us, concerning any and all Works made or to be made by you (whether before or after this consent is given) in the course of your use of the app which would otherwise infringe your Moral Rights;
  2. waive any and all existing and future Moral Rights in the Works; and
  3. acknowledge that you have given this consent voluntarily and without reliance on any statement or representation made by us, or anyone acting on our behalf.

Works and Moral Rights have the meanings given to them in the Copyright Act 1968 (Cth).

10. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the app, including but not limited to:

  1. delete your account and re-open another account using different log-in information;
  2. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  3. using this app to defame or libel us, our employees or other individuals;
  4. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  5. posting or transmitting to this app any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to the app, we have the right to take down this information at our sole discretion and without notice.

11. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this app or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this app will be secure. We do not warrant that the app will meet your requirements or that it will be suitable for any particular purpose.

We reserve the right to restrict, suspend or terminate without notice your access to this app, any Content, or any feature of this app at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

12. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the app and/or the information or materials contained on it, or as a result of the inaccessibility of this app and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from your use of our app is limited in respect of any one incident, or series of connected incidents, to us re-supplying the app services to you, or, at our option, us refunding to you the amount you have paid us for the app services to which your claim relates in the previous month.

If you are not satisfied with the app, your sole and exclusive remedy is to cease using the app and terminate these Terms in accordance with Clause 15.

13. Indemnity

You indemnify us against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any fees that are due but have not been paid by you.

14. Communication with you

You agree and consent to being contacted by us or third parties:

  1. about your use of this app;
  2. by receiving reminders in respect of personal training appointments via SMS / text or email, or other electronic communications;
  3. providing you with news and information about our services;
  4. responding to any specific request that you make of us;
  5. notifying you of any changes to, enhancements of, or outages that may affect the app; and
  6. providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from us our third parties.

15. Termination

If you:

  1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. breach any of these Terms and the breach is not capable of being remedied, including not paying amounts due to us or using our services for any purpose other than as authorised by us; or
  3. (in the case of personal trainers) you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction,

we may take any or all of the following actions, at its sole discretion:

  1. terminate these Terms and your use of the app;
  2. suspend you from using the app for any definite or indefinite period of time;
  3. suspend or terminate your access to all or any Data; and
  4. take any of the actions in this clause in respect any or all other persons that you have authorised to have access to your information or Data or account.

For the avoidance of doubt, if payment is not made in accordance with the requirements set out in the fee schedule, we may suspend or terminate your use of the app, the authority for all or any of your authorised representatives to use the app, or your rights of access to all or any Data. We also reserve the right to terminate your access to the app or temporarily suspend your access to the app for any reason, in our absolute discretion. In these circumstances, acting reasonably, we will provide you with the ability to access your Data to download onto your own system.

16. Service availability

Whilst we intend that the app should be available 24 hours a day, seven days a week, it is possible that on occasions the app may be unavailable to permit maintenance or other development activity to take place.

If for any reason we have to interrupt the services on the app for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the app.

17. Jurisdiction and governing law

Your use of the app and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

18. Entire agreement

These Terms, together with our Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to our services and app and the other matters dealt with in these Terms.

19. Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

20. Dispute Resolution

If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure:

  1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  2. If the parties cannot agree how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
  3. Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.

21. Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

22. No Assignment

You may not assign or transfer any rights to any other person without our prior written consent.

23. Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.

24. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to [#email] or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the app.

25. Rights of Third Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

26. Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms you will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use our services and the app.

27. Expiry or termination

Upon expiration or termination of these Terms, the obligations which by their nature are intended to survive expiration or termination of these Terms shall survive.

PERSONAL TRAINER SPECIFIC TERMS

In these Terms ‘fee schedule’ means the information relating to subscriptions and billing set out on our subscriptions and billing pages on the app, or any other page(s) on the app notified by us, which may be updated or amended by us from time to time.

1. General

If you are a personal trainer user (meaning, you are not a personal trainer client for the purposes of your use of the app) (personal trainer), you acknowledge and agree that:

  1. The app is designed to be used by personal trainers to manage, track and communicate with their clients and assist in the running of their personal training business. Use of the app is the responsibility of the personal trainer;
  2. You agree that it is your responsibility to ensure the program templates, consent forms and nutritional information contained in the app are only to be used if found by you to be relevant and appropriate for each individual client’s specific health requirements and that the use of the app’s program templates, consent forms and nutritional information is not designed or intended to be used without the individual client first consulting their health professional or treating specialist (eg doctor, personal trainer, coach);
  3. it is your responsibility to ensure the app’s program templates, consent forms and nutritional information are relevant and appropriate for each of your individual client’s health needs prior to using, recommending, or providing them to your clients;
  4. in addition to the general Terms, these personal trainer specific terms apply to your use of the app;
  5. in the case of conflict between the general Terms and these personal trainer specific terms, the personal trainer specific term will prevail;
  6. the Data that you have access to will depend on whether you are an Authorised User or the account holder. That is, access to an Authorised User can be terminated or suspended by the account holder at their absolute discretion; and
  7. in the case of inconsistency between the general Terms and these personal trainer specific terms, the personal trainer specific terms will prevail.

2. Access by other users

You acknowledge and agree that:

  1. In the event that you authorise or permit any person or entity, other than the yourself to use the services and/or the app via your account (Authorised User), you are responsible for all Authorised User’s use of our services or the app;
  2. you control each Authorised User’s level of access to the relevant service or app services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be;
  3. if there is any dispute between you and an Authorised User regarding access to any service or membership, you shall decide what access or level of access to the relevant Data or service or app that Authorised User shall have, if any.

3. Payment obligations

You will pay us in accordance with the fee schedule via our third party provider/s. You agree to the terms of service of our third party provider/s. Payment of all amounts specified in an invoice must be paid in accordance with the fee schedule. You are responsible for payment of all taxes and duties.

We may increase our fees at any time by giving you at least two weeks’ notice. If you do not elect to terminate these Terms at that time, then you will be taken to have accepted the increased fees.

We may terminate or suspend your access to, and use of, our services or app if fees are not paid in accordance with the fee schedule.

If we or you terminate these Terms for any reason:

  1. Pre-paid fees will not be reimbursed; and
  2. Any annual subscription fees will remain payable until the end of the term of that subscription.

4. GST

If and when applicable, goods and services tax (GST) payable on services we provide via our app will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

5. General obligations

You must only use the app for your own lawful internal business purposes, in accordance with these Terms and any notice sent by us or condition posted on the app. You may use the app in order to provide services to others but if you do so you warrant to us that:

  1. You are complying with all relevant laws including in relation to your qualifications, services and insurance;
  2. You are properly qualified in the industry and profession that you tell us you are a part of when you are signing up;
  3. You have insurance that specifically relates to your industry and profession in line with industry best practice including relevant public liability insurance and professional indemnity insurance;
  4. You are authorised to do so; and
  5. That all persons for whom or to whom services are provided are aware of and comply with and accept all terms of these Terms that apply in relation to Data, including the Privacy Policy.

These are ongoing warranties.

6. Indemnity

You are responsible for, and indemnify us against, liability for all loss, damage or injury to persons or property arising from a material breach of these Terms by you, inaccuracy or fraud in the information you process via our app (including personal trainer client payments), a breach of any the warranties set out in clause 5 above, or the negligent actions of the you or your employees, agents or sub-contractors in connection with your use of the app.

7. Your acknowledgment

You acknowledge that our services and app are a service for the recording and collation of Content and is not intended as a replacement of your own professional advice, professional services or professional obligations.

8. Consumer guarantees

You warrant and represent that you are acquiring the right to access and use the app for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of services by us, the app or these Terms.

9. Contacting your personal trainer clients

You warrant and represent that any request that you make to us to contact your personal trainer clients, whether by SMS or otherwise, is a form of contact and correspondence that your personal trainer clients have expressly agreed to and that the express agreement from your personal trainer clients includes consent to receive marketing correspondence from us.

10. Sharing Data

In addition to the matters set out in our Privacy Policy, you expressly agree that any information that you upload onto our app can be shared between:

  1. Personal trainer and personal trainer;
  2. Personal trainer and personal trainer client user; and
  3. Personal trainer to public communications.

This includes allowing other personal trainers and personal trainer clients to be able to access information about you such as contact information and information relating to your use of our app. For example, other personal trainers are able to use our app to determine whether you utilise secure messaging services via our app.

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