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Terms and conditions


It is important that you read and understand the following terms and conditions carefully. If you do not understand any part of this agreement please contact Fit Finder Australia ABN: 628 635 487 before agreeing to our terms of use. By booking through this website (“Site”), you agree to be bound by these terms of service (“Agreement”).


1. FitFinder Australia

FitFinder Australia provides the site to users for the purpose of scheduling and purchasing training sessions directly with participating trainers, instructors and gyms. A user will request and purchase a session using the FitFinder Australia site. Following this purchase, FitFinder Australia will contact the trainer directly and confirm availability. Once session is confirmed FitFinder Australia will contact user via sms or email.

2. CANCELLATION POLICY

FitFinder Australia aims to provide the best experience for users and instructors/trainers/gyms. To ensure we maintain a high level of service, cancellations must be made in writing 72 hours prior to your session to receive a credit for the value of your booking. If you are unable to keep your session and you fail to cancel according to our terms of use, you will forfeit the full value of your session and no credit will be given.

3. USE OF SERVICE

To use our service you will be required to submit information to ensure you get the most benefit from your session and your safety is prioritised during your session. You agree to provide accurate, current and complete information. You agree to update your information with any changes as they occur.

4. USER GUIDELINES

You agree to arrive on time and at specified location. If you arrive late to a scheduled appointment, no additional time or compensation will be applied. By booking through FitFinder Australia, you agree to be bound to the trainer/instructor or gym/fitness club’s terms and conditions (“Third Party Terms”). If you breach these terms of service or any Third Party Terms, FitFinder Australia reserves the right to terminate account.

5. EMAIL POLICY

You may receive periodic emails from FitFinder Australia. If you would rather not receive email from FitFinder Australia, please unsubscribe either by clicking on the “Unsubscribe” link at the bottom of the email. You acknowledge and agree, however, you may still receive session confirmation emails, session change confirmation emails, session cancelation confirmation emails, account change confirmation emails and other emails relating to sessions booked through the Site or changes made to your account through the Site, even if you opted not to receive periodic emails from FitFinder Australia.

8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The materials and site provided for and depicted on the Site are protected by intellectual property laws. All text, graphics, video, data, software or other content on the Site is provided to you by FitFinder Australia for the sole purpose of using the Site. You shall not copy, display, modify, create derivative works of, publish, rent, lease, redistribute, sublicense, sell, decompile or reverse-engineer the FitFinder Australia Content or any information, software, or site provided by FitFinder Australia hereunder. The FitFinder Australia Content may be modified from time to time by FitFinder Australia in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Site or the FitFinder Australia Content by the suer shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of FitFinder Australia or its licensors in the Site or FitFinder Australia content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of FitFinder Australia or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of FitFinder Australia or its licensors in the site or FitFinder Australia content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of FitFinder Australia or any third party is granted under this Agreement. If you violate any of the foregoing restrictions, your right to use of the Site will immediately cease, and you will have infringed the copyright and other rights of FitFinder Australia, which may subject you to prosecution and damages. FitFinder Australia reserves all rights not expressly granted to you in these Terms.

9. CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

In exchange for FitFinder Australia providing you with access to the site, you consent to FitFinder Australia collecting and using your personal information and related detain connection with your use of the Site. Such information may include, names, contact information, information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Site and of software updates, product support and other site. If you do not provide us with such personal information, we may not be able to provide you with access to the site/site.We may also collect technical information about the device used to access our site/site to ensure combability with the site/site, and improve our functionality.

10. PRODUCT DESCRIPTIONS

FitFinder Australia attempts to be as accurate as possible. If you have reason to believe that a session you purchased through the site does not meet the claims advertised within the Site, you must contact FitFinder Australia immediately (and in any case no later than 72hours following the session date). Your failure to contact us within in this period may affect our ability to investigate and resolve your claim.

11. ADVERTISED PRICES

FitFinder Australia makes no guarantee that the prices advertised through the Site represent (i) the lowest price for a session in every area on any particular day or (ii) the published price for a session on another website or publication not affiliated with FitFinder Australia in every area on any particular day.

12. PURCHASING SESSIONS FROM FitFinder Australia

When you purchase a session using the site, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honoured by your credit card company and (iii) you will pay the agreed price for the session, even if you are unable to attend that session. Posted session rates include GST.

13. USER CONTENT AND YOUR CONDUCT

The site includes forums and other interactive areas or site (“Interactive Areas”) in which you or other users can create, post or share content, ratings, reviews, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such content you share. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the site any of the following:

  • User content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  • User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;
  • User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;
  • Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Service;
  • Private information of any third party including, but not limited to, addresses, phone numbers, email addresses and credit card numbers; and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without FitFinder Australia's express written consent.

You further agree that you are solely responsible for your conduct while using the Site and that you will not do any of the following in connection with the Site or its users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Collect any personally identifiable information about other users (except as specifically authorized by FitFinder Australia), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Site;
  • Use the Site for any commercial purpose;
  • Use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or polices established from time-to-time by FitFinder Australia;
  • Create an account, post any content, or otherwise use the site if you are not at least 18 years of age;
  • Modify, adapt, hack or emulate the Site;
  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site or users of the Site or third- parties; and
  • Infringe upon or violate the rights of FitFinder Australia, our users or any third party.

FitFinder Australia takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Site. FitFinder Australia will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Site. Your use of the Site, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at FitFinder Australia's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.

If you do submit material, and unless we indicate otherwise, you grant FitFinder Australia a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FitFinder Australia for all claims resulting from content you supply. FitFinder Australia has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by FitFinder Australia in its sole discretion.

Consumer rights not affected

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. If you are a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.

14. THIRD-PARTY INTERACTIONS

Your use of the Site and your contact, interaction or dealings with any third parties arising out of your use of the Site is solely at your own risk. The fitness clubs, trainers and other suppliers of FitFinder Australia are independent contractors and not agents or employees of FitFinder Australia. FitFinder Australia is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these fitness clubs, trainers or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

15. ACCESS AND INTERFERENCE

Much of the information on the FitFinder Australia Site is updated on a real time basis and is proprietary or licensed to FitFinder Australia by its trainers, fitness clubs or third parties. By using the FitFinder Australia Site, you agree not to:

  • Use any robot, spider, scraper or other automatic device, process or means to access the FitFinder Australia Site for any purpose without FitFinder Australia’s express written permission.
  • Take any action that imposes or may impose (in FitFinder Australia’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Implement any manual processes to monitor or copy FitFinder Australia Content from the FitFinder Australia Site without express written permission.
  • Utilise any device, software or routine that will interfere or attempt to interfere with the functionality of the FitFinder Australia Site.

16. TERMINATION OR MODIFICATION OF APPLICATION

FitFinder Australia reserves the right to change, suspend, remove, discontinue or disable access to the Site (including, but not limited to, the FitFinder Australia Site) at any time without notice. In no event will FitFinder Australia be liable for the removal of or disabling of access to any portion or feature of the Site (including, but not limited to, the FitFinder Australia Site).

17. TERMINATION

If you breach any of the terms or conditions of this Agreement, or FitFinder Australia discontinues the FitFinder Australia Site, this Agreement will automatically terminate. In the event of the termination of this Agreement for any reason, the license granted to you in this Agreement will immediately terminate and you must immediately stop all use of the Site (including the FitFinder Australia Site). All of the sections of this Agreement that by their nature should survive termination will survive any termination of this Agreement. For avoidance of doubt, the License section will not survive termination of this Agreement. Any use of the Site after termination is unlicensed and is in violation of the copyright and other rights of FitFinder Australia. FitFinder Australia and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

18. UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

19. INFORMATION AND PRESS RELEASES

The FitFinder Australia Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

20. LIABILITY LIMITATIONS

In no event shall FitFinder Australia be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the site, the FitFinder Australia site or the FitFinder Australia content, (ii) any failure or delay (including, but not limited to, the use or inability to use any component of the site or the FitFinder Australia site for sessions), or (iii) the performance or non-performance of any trainer or fitness club in connection with the site. In addition, you specifically understand and agree that any third party directing users to the FitFinder Australia site by referral, link or any other means is not liable to you for any reason whatsoever, including but not limited to damages or loss associated with the use of the site, the FitFinder Australia site or the FitFinder Australia content. Fitfinder Australia is neither an agent of nor is connected with any affiliated trainer or fitness club in which a user has made a session. Aside from the site provided on the FitFinder Australia site. Fitfinder Australia is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with you visit to an affiliated trainer or fitness club.

21. DISCLAIMER OF WARRANTY

The information, programs, products, and materials contained in or accessed on the FitFinder Australia site, including, without limitation, the site and the FitFinder Australia content, are provided to you on an 'as is' basis and without warranty of any kind. To the extent permitted by law, FitFinder Australia disclaims all warranties, expressed or implied, with respect to the site, the FitFinder Australia site, the FitFinder Australia content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.

22. INDEMNIFICATION

You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of this Agreement or your violation of the rights of any third party; or (iii) any User Content you share.

23. THIRD-PARTY CONTENT

FitFinder Australia may provide third-party content via the Site and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. FitFinder Australia does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. FitFinder Australia is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.

24. SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

25. NO ASSIGNMENT

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you, but may be so transferred, assigned or delegated by FitFinder Australia.

26. WAIVER

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

28. CHOICE OF LAW

This Agreement shall be construed in accordance with and governed by the laws of the State of New South Wales, Australia.