Application Use Terms

General

  1. As a user of this Application, you are bound by this Application Use Terms and you acknowledge and consent to the Privacy Policy.
  2. It is your responsibility to familiarise yourself with the current Application Use Terms and Privacy Policy each time you visit this Application.  The Supplier may at any time vary the Application Use Terms by publishing the varied terms on this Application. Such varied terms come into effect are binding on you on the date which is 10 Business Days following their publication.  You accept that this is sufficient notice of such variations.

Usage Licence

By allowing you to access this Application, the Supplier grants you the Licence.  By accessing this Application, you accept the terms of the Licence. Additionally, you must ensure your employees, subcontractors and other agents (if any) who have authorised access to this Application are made aware of the terms of this Licence.

No warranties

  1. The Supplier does not warrant that the material in this Application is accurate, complete or up to date.  The existence of inaccurate, incomplete or superseded material in the website will not cause Supplier to be in breach of the terms of the Licence.
  2. The Supplier reserves the right to change, add or remove any material in or from the Website without notice.
  3. Supplier does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

Intellectual Property rights

You acknowledge that the material in this Application is the subject of copyright © and that it is the subject of other Intellectual Property and legal rights (including third-party rights).  You must not, during or at any time after the expiry or termination of the Licence, permit any act which infringes any of those rights.

Trade marks

All trade marks, whether registered or unregistered, in connection with Supplier, are trade marks of Supplier and its related bodies corporate.

Access to or use of this Application does not constitute or create a licence except as expressly provided in these Application Use Terms or any other right to use Supplier’s name, trade marks, copyright or any other Intellectual Property.

Indemnity

You must indemnify and keep the Supplier indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Supplier may incur to a third party or you as a result of your breach of the provisions of the Licence.

The Application may contain hyperlinks to other websites or applications operated by third parties.  You accept that Supplier has no control over, and is not responsible for, any material contained on any third party websites.  You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Limitation of Liability

  1. Subject to clause (c) below, and except as expressly provided to the contrary in Subscription Terms, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these Application Use Terms or their subject matter are excluded to the maximum extent permitted by law.
  2. Nothing in these Application Use Terms excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited.  This may include the Consumer Guarantees.
  3. Where the Supplier is not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to these Application Use Terms (a Non-Excludable Provision), and the Supplier is able to limit the Client’s remedy for a breach of the Non-Excludable Provision, then the Supplier’s liability for breach of the Non-Excludable Provision is limited to (at the Supplier’s election) the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so).
  4. Subject to the Supplier’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, the Supplier’s maximum aggregate liability for all claims under or relating to these Subscription Terms or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by you under these Subscription Terms.
  5. Subject to clauses (c) and (d) above, the Supplier will not be liable to you for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption or wasted costs you have incurred, or amounts that you are liable to pay your customers.

General

  1. If any provision of these Application Use Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
  2. The Application Use Terms and the Privacy Policy are governed by the law applying in Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Application Use Terms, Privacy Policy or in connection with the use of this Application.

Definitions

In these Application Terms, the following definitions apply:

Application means the fitness and nutrition program application software provided by the Supplier whether accessed via the Supplier’s website or via an application linked to a mobile device operating system;

Consumer Guarantees means the guarantees relating to the supply of goods and services contained in the Consumer Law;

Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth);

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Application;

Licence means a non-exclusive right, in accordance with this Application Use Terms, to:

  1. view the material in the Application;
  2. access material contained in the Application; and
  3. download and use any material contained in the Application for a temporary purpose (such as viewing offline);

it excludes any rights to:

  1. copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Supplier, except as expressly authorised by this Licence; or
  2. provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Supplier.

Privacy Policy means the policy relating to your personal and health information and set out here;

Subscription Terms means the terms and conditions and entitled “Subscription Terms” which apply to the Supplier’s supply of the Programs to you in connection with the Application and set out here;

Supplier means # and any of its permitted assignees; and

You means a subscriber to the Programs.