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:
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.
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, 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:
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.
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.
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.
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.
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.
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.
You acknowledge that:
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:
Works and Moral Rights have the meanings given to them in the Copyright Act 1968 (Cth).
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:
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.
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.
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.
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.
You agree and consent to being contacted by us or third parties:
we may take any or all of the following actions, at its sole discretion:
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.
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.
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.
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.
If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure:
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.
You may not assign or transfer any rights to any other person without our prior written consent.
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.
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.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
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:
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.
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.
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:
You acknowledge and agree that:
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:
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.
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:
These are ongoing warranties.
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.
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.
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.
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.
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.