The website www.20perfit.com.au/ (Website) and the 20PerFit (App) is owned by 20PerFit Pty Ltd ACN 618 060 254 (20Perfit).
The content of this Website is intended to provide you with information regarding certain 20Perfit products (Products) and services (Services) in which you might be interested in purchasing or recommending to third parties.
1) Website and App Use
i.By accessing and/or using the Website and/or the App you agree to do so on the terms and conditions set out in these terms and conditions and elsewhere on the Website (Terms). You must read these Terms carefully before using the Website. If you do not agree to be bound by the Terms, please immediately discontinue your use of the Website and/or the App.
ii.The Terms are in addition to any additional terms and conditions that apply to the Products and Services offered by 20Perfit.
iii.20Perfit may amend the Terms without notice by posting amended Terms on the Website or the App. By continuing to use the Website and/or the App you accept the Terms as they apply from time to time. You should visit this webpage periodically to review the Terms.
iv.If you violate any Terms, your right to use and access the Website may be terminated at 20Perfit’s discretion.
v.20Perfit reserves the right to change or discontinue any feature or part of the Website and/or the App or the information displayed on this Website and/or the App, the hours of availability and the equipment required to obtain access to the Website, without notice and without liability.
b.Use of Website
i.The Website is for your non-commercial use only.
ii.You agree you will not transmit to 20Perfit or upload to or through the Website any Harmful Code, or use or misappropriate the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:
1.is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or
2.would enable an unauthorised person to cause such result; or
3.would enable an unauthorised person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
a.Generate or facilitate unsolicited commercial email (Spam). Such activity includes, but is not limited to:
i.sending messages in violation of any applicable anti-spam law;
ii.imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam;
iii.data mining any 20Perfit property;
iv.sending messages to users who have asked not to be contacted; or
v.selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure;
b.Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature;
c.Conduct or forward pyramid schemes or similar programs;
d.Transmit content that may be harmful to minors;
e.Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
f.Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission;
g.Violate the legal rights (such as rights of privacy and publicity) of others;
h.Promote or encourage illegal activity;
i.Interfere with other 20Perfit users’ enjoyment of the Site;
j.Modify, adapt, translate, or reverse engineer any portion of the Website;
k.Remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
l.Reformat or frame any portion of the web pages that are part of the Website without 20Perfit’s explicit written permission;
m.Bypass any limitations or suspensions of functionality; and
n.Provide false information.
c.Use of the Website by Minors
i.The Website is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use the Website under the supervision of a parent or legal guardian, or responsible adult.
2) App Use
a.In addition to your agreement with the Terms, and notwithstanding anything to the contrary, the following provisions apply with respect to your use of any mobile application version of the Website compatible with the iOS operating system of Apple Inc. (Apple), and the App. Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to 20Perfit. The license you have been granted is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.
Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, PEEQ’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
b.By using the App, you agree that all of the terms and conditions found herein apply to your use of the App. Additionally, you agree that the App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. You acknowledge that your use of the App may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the App, and 20Perfit disclaims all
responsibility for such data usage. In addition, if you allow the App to utilise location services, the App may suggest to you and collect from you certain information based on your geographic location.
d.By creating an account through the App, you agree that the Services may send you text messages as part of the normal business operation of your use of the Services. You can opt out from such text messages at any time.
a.Subject to your compliance at all times with these Terms and any other terms notified to you in a written agreement between you and us, 20Perfit grants you a limited, non-exclusive, nonsublicensable, non-transferable, revocable licence to:
i.Access and use the App on your personal device solely and exclusively in connection with your use of the Services; and
ii.Access and use any content, Information and related materials made available through the Services.
4) Our Services
a.The Services constitute a platform that enables members of our fitness program to connect with and arrange and schedule fitness training sessions with our franchisees.
b.The Services are made available solely for your personal, non-commercial use.
a.The content on the Website and/or the App, including but not limited to information about 20Perfit, Products and Services information, specifications, descriptions and conditions of any kind relating to Products or Services displayed on the Website (Information) is for informational purposes only. The Information may not be current or complete and therefore under no circumstances does it constitute an offer or undertaking by 20Perfit.
b.The Information is presented for the purpose of promoting 20Perfit Products and Services and providing information about 20Perfit to customers/clients of the business.
c.While Information is altered periodically, changes in circumstances after the Information is placed on the Website and/or the App may affect the accuracy of the Information at any time. It is your responsibility to assess and verify the accuracy, currency, completeness and reliability of the Information from time to time.
d.20Perfit makes no representation that the 20Perfit Products or Services listed on the Website and/or the App are currently available at any time at the prices (if any) listed on the Website and it is your responsibility to verify product availability and pricing with 20Perfit.
e.Nothing on the Website and/or the App does or is intended to constitute purchasing advice or a recommendation that a particular 20Perfit Product or Service will be suitable for the use intended by the purchaser.
f.20Perfit does not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness or timeliness or any other aspect of the Information or that it is suitable for your intended use. The Information is provided “as is” without warranty of any kind, express or implied
g.Where information on the Website and/or the App is provided by third parties, 20Perfit does not independently verify this information and therefore accepts no liability for any losses that may arise as a result of reliance on such information.
h.20Perfit does not warrant or represent that the Information is free from typographical errors or defects. The use of the Website and/or the App and the Information is at your own risk.
i.20Perfit makes no warranties, guarantees or representations that the material on the Website and/or the App will not cause damage or that the material is free from any computer virus or any other defects or errors or omissions. 20Perfit recommends that virus checks should be done on any Information down loaded.
6) Limitation of Liability
a.20Perfit excludes to the maximum extent permitted by law, all warranties, representations, and implied terms and any liability which may arise in relation to access to or use of the Website and/or the App or the Information.
b.Where liability cannot be excluded, any liability incurred by 20Perfit is limited to the re-supply of the Information. 20Perfit is not liable for any direct, indirect, incidental or consequential loss or damages arising out of the use of the Website and/or the App or the Information.
c.20Perfit is not liable to any third party for any direct, indirect or consequential loss or damage for any use of or reliance upon the Information or on any other linked website, including, without limitation to, loss suffered in connection with out of date materials or transmission of computer viruses, lost profits, business interruption, loss of programs or data, even if 20Perfit is expressly or impliedly advised of the possibility of such damages.
d.20Perfit is not responsible if your use of the Website and/or the App or the Information results in the need for servicing or replacing computer equipment or data.
7) Links to External Sites
a.You may be able, through hypertext or other computer links, to gain access to other sites on the Internet, which are owned and/or operated by third party vendors and other third parties that are not part of the Website (External Sites).
b.Unless otherwise specified, the External Sites included in the Website are not under the control of 20Perfit.
c.20Perfit is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites or changes or updates to such sites.
e.You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
f.20Perfit provides these links for your convenience. The inclusion of any link does not imply an endorsement of the External Site by 20Perfit or a relationship with the organisation to which the links are provided.
g.20Perfit may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilise such third parties. 20Perfit does not warrant that material on the External Sites is free of any computer virus or any other defects or errors, infringements of intellectual property rights, nor does it authorise any such infringement by reason of the linking of the Website to material on the External Sites.
h.You link to and access any such External Sites at your own risk. 20Perfit is not a party to any transaction between you and an External Site.
8) Intellectual Property
a.The Website and/or the App is protected by Copyright © 2017 20Perfit. All rights reserved.
b.You acknowledge and agree that all content, coding, text, images, brochures, drawings graphics and Information available on the Website and/or the App is protected by copyright, trade mark or other intellectual property laws.
c.You may only access and use the Information for its intended purpose unless you have 20Perfit’s prior written approval.
d.Copying, adaptation, transmission or reproduction of the Website and/or the App or any part of the Website and/or the App, or any of the Information is prohibited except to the extent permitted by Australian law. You may, however, download and print these Terms for your personal non-commercial use.
e.The trade marks which appear on the Website are owned by 20Perfit (Trade Marks). Use of the Trade Marks without 20Perfit’s consent will infringe 20Perfit’s intellectual property rights.
Nothing in the Website should be interpreted as granting any rights to use or distribute any names, logos, or Trade Marks except with the express written consent of 20Perfit.
9) Dispute Resolution
a.If a dispute arises in connection with these Terms that cannot be settled between you and us acting reasonably within 10 Business Days (Dispute), the Dispute will be referred to mediation held in the state of New South Wales, Australia (or in such other place as may be agreed in writing) before having recourse to litigation.
b.You agree to work with us and use your best endeavours to agree on a mediator to settle the Dispute but failing agreement, we or you may request the Law Society of New South Wales appoint a mediator and the mediator will be so appointed as determined.
c.The costs of any mediator appointed will be borne equally or as otherwise determined by the mediator acting reasonably.
d.The mediator may conduct proceedings in such manner as the mediator considers fit.
e.If the Dispute has not been settled within 20 Business Days (or such other period as may be agreed in writing) after the appointment of the mediator, the Dispute may be referred to a dispute resolution procedure specifically agreed to or, failing agreement, to litigation.
f.Nothing in this clause will prevent a party from seeking urgent interlocutory relief before an appropriate court.
a.It is your responsibility to ensure that use of the Website is in accordance with the laws of the relevant jurisdiction where the material is viewed or received.
b.Your access to and use of the Website is governed by and construed in accordance with the laws of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
a.If any provision of these Terms is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.