OUR TERMS OF SERVICE & TRADE

  1. About the Website
    1. Welcome to https://www.findmyfit.com and our associated Apple, Google Play, Android or other application/s (the Website). The Website is owned and operated by FINDMYFIT PTY LTD (ACN 619 977 972).
    2. The Website provides you with an opportunity to:
      1. browse and purchase our products; and/or
      2. browse and purchase our services;
      3. view and interact with our services; and/or
      4. browse and view material or information where there is no paid supply or offer for purchase (collectively our Services).
    3. Please read these terms and conditions carefully as they govern your access to our Website (the Terms). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website, or purchase any of our products or services.
    4. These Terms may be updated by us at any time, and by continuing to use the Website, you accept these Terms as they apply from time to time. When FindMyFit updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
    5. FindMyFit/we/us/our means FindMyFitPty Ltd (ACN 619 977 972).
    6. You/your means any person who accesses our Website or contacts us in person, by email or phone with regard to the products and services provided by us.
  2. Acceptance of the Terms
  3. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FindMyFit in the user interface.

  4. Registration and Subscription to use the Services
    1. In order to access our Services, you must first register for an account through the Website (the Account).
    2. In select cases, to access our Services, you must first purchase a subscription through the Website (the Subscription) and pay the applicable fee for the selected Subscription level (the Subscription Fee).
    3. After you have purchased the Subscription, if you have not already done so, you will be required to register for an Accountthrough the Website before you can access the Services. When purchasing the Subscription, you agree that it is your sole responsibility to ensure that the Subscription you elect to purchase is suitable for your use or purpose.
    4. As part of the registration process, to access and use our Services, you may be required to provide personal information about yourself (for example, identification or contact details), including:
      1. email address
      2. preferred username
      3. mailing address
      4. telephone number
      5. password
      6. physical and/or billing address;
      7. credit card details; and
      8. any other information as required. (Registration Information)
    5. You warrant that any Registration Information you provide to FindMyFit in the course of completing the registration process will be accurate, correct and up to date.
    6. You are solely responsible for the accuracy of the Registration Information that you submit in relation to the Registration Information.
    7. If we detect suspicious or incomplete Registration Information, we reserve the right to suspend or cancel your Account.
    8. Once you have completed the registration process, you will be a registered member of the Website (Member) and you are taken to have accepted and you are bound by these Terms. As a Member, you will be granted access to our Services. In the case of Subscription Services, this access will be limited to the applicable subscription period for the level of Subscription to which you are subscribed (theSubscription Period).
    9. You may not use our Services or accept the Terms ifyou are not of legal age to form a binding contract with FindMyFit or are not acting with the authority or consent of your parent/guardian.
  5. Third-Party Offering
    1. 4.1 Payment processing services for Members on FindMyFit are provided by Stripe Inc. (Stripe) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement). By agreeing to the Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FindMyFit enabling payment processing services through Stripe, you agree to provide FindMyFit accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.
    2. 4.2 For the purpose of this clause,
      1. Third-Party Offerings means any third-party products, applications, websites, implementations or services, including loyalty programs, that the Services link to, or that interoperate with or are used in conjunction with FindMyFit’s Services, including without limitation all dealings with Stripe.
      2. Although the Services may allow you to access or use Third-Party Offerings, they are not considered Services under these Terms and are not subject to any of the warranties, service commitments or other obligations with these Services under these terms.
      3. The availability of any Third-Party Offerings through the Services does not imply an endorsement or affiliation with FindMyFit.
      4. FindMyFit does not hold any liability to you or the Third-Party Offerings and will not monitor or maintain the Third-Party Offerings.
      5. By using or enabling any Third-Party Offerings, you are expressly permitting FindMyFit to disclose your Registration Information to the extent reasonablynecessary for you to use the Third-Party Offerings.
      6. Your use of any Third-Party Offerings is at your own risk and may be subject to any additional terms, conditions and policies from the Third-Party Offerings (such as terms of service or privacy policies of the providers of such Third-Party Offerings.
  6. Your obligations as a Member

    As a Member, you agree to comply with the following:

    1. you will use the Services only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    3. any use of your Registration Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FindMyFit of any unauthorised use of your password and/or email address or any breach of security of which you have become aware;
    4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of accessing our Services;
    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by FindMyFit;
    6. you will not use the Services or Website for any illegal, offensive or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by FindMyFit for any illegal or unauthorised use of the Website; and
    8. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
  7. Obligations and liability for Affiliates and End Users

    For the purposes of this clause:

    1. Affiliate means any entity that has directly or indirectlydesignated to receive and/or provide Servicesthrough FindMyFit under these Terms.
    2. End User means a business or individual that schedules or purchases products or Services from FindMyFit, that the Affiliate markets to, communicates with, or targets through the Services, or that otherwise interacts with you through the Services, or that you authorise to use the Services.
    3. As an Affiliate, you:
      1. are responsible for all activity occurring under or relating to your accord, including by not limited to your staff, employees, consultants, advisors, independent contractors and End Users;
      2. will ensure that you and End Users comply with relevant provisions of these Terms and acceptable use policies provided and made available by FindMyFit, and any applicable local, state, national and foreign laws including those related to data privacy and transmission of personal data, at all times while using the Services; and
      3. are responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with the applicable laws and regulations.
    4. As an Affiliate, you will not:
      1. submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights;
      2. interfere with or disrupt the integrity or performance of the Services contained therein;
      3. broadcast any content which breaches the PG classification governed by Australian Communications and Media Authority Regulations regardless of which country the Services are provided from;
      4. post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer codes, files, scripts agents or programs;
      5. restrict or inhibit any other person or entity from using the Services;
      6. remove any copyright, trademark or other proprietary rights notice from the Services;
      7. frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service;
      8. systematically download and store Services content;and
      9. use the Services to send unsolicited electronic or video messages (aka spamming).
  8. Payment
    1. In using the Services to obtain a supply of products or services through the Website, including for a Subscription, you agree to the payment of the purchase price listed on the Website for the supply (the Purchase Price).
    2. Payment of the Purchase Price may be made through the payment gateway made available to you on the Website, for example, Stripe or PayPal or other available payment processors (the Payment Gateway Provider).Electronic Funds Transfer (EFT) and other payment methods may also be available upon request in the sole discretion of FindMyFit.
    3. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    4. Following confirmation of your payment of the Purchase Price, you will be issued with a receipt to confirm that payment has been received and you authorise FindMyFit to record your purchase details for future use.
    5. You acknowledge and agree that where a request for a payment due is returned or rejected, for whatever reason, by your financial institution, or is unpaid by you for any other reason, then you are liable for any costs or surcharges, including banking fees and charges, associated with the Services or Subscription.
    6. Any prices displayed on FindMyFit’s Website including Subscription Fees are subject to change without notice.
    7. You agree and acknowledge that FindMyFit can vary the Purchase Price or Subscription Fee at any time. For Subscriptions, the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
  9. Returns and Refund Policy
    1. FindMyFit will only provide you with a refund of the Purchase Price or Subscription Fee in the event FindMyFit is unable to continue to provide the Services or the Subscription, or if the manager of FindMyFit makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
    2. For Subscription Fees, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.
    3. Please allow 5 business days for a refund to be processed from the date that you are advised that the refund has been accepted. You will be informed via the email address that is listed on your Account once this transaction has been processed. Refunds will be issued to the credit card or PayPal account that the payment had originally come from. To advise of alternative refund details please email amanda@findmyfit.comat the time of returning goods.
  10. Warranty
    1. FindMyFit warrants to you that during the Subscription Period:
      1. The subscribed Service will perform materially in accordance with the functionality described in the description of the Service; and
      2. Such functionality will not be materially decreased.

      Your sole and exclusive remedy for a breach of this warranty will be that FindMyFit will use commercially reasonable efforts to modify the applicable Services to achieve the functionality described above. If FindMyFit is unable to restore such functionality, you may terminate the Subscription by providing written notice to FindMyFit, and you will be entitled to receive a pro-rata refund of any pre-paid fees. FindMyFit will have no obligation with respect to a warranty claim under this clause9 (a) unless notified by you in writing no later than thirty (30) days after the first instance of any material functionality problem. This warranty will only apply if the applicable subscribed Services have been utilised in accordance with these Terms and applicable laws. For clarity, this warranty will not apply to any free trial.

  11. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products and services of FindMyFit are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
    2. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features and software) (the ‘Content’) or the Services are owned or controlled for these purposes, and are reserved by FindMyFit or its contributors.
    3. All trademarks, patent designs, service marks and trade names are owned, registered, unregistered and/or licensed by FindMyFit, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
    4. FindMyFit does not grant you any other rights whatsoever in relation to the Website or the supply of products and services by FindMyFit. All other rights are expressly reserved by FindMyFit.
    5. FindMyFit retains all rights, title and interest in and to the Website and all related content or Services.
    6. You may not, without the prior written permission of FindMyFit and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content, Services, third party content, or third party Services for any purpose, unless otherwise provided by these Terms.
    7. You agree that you will use the Content and our Services only for purposes that are permitted by these Terms and in accordance with any applicable law, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
  12. Privacy

    FindMyFit takes your privacy seriously and any information provided through your use of the Website, Content and/or the Services are subject to FindMyFit’s Privacy Policy, which is available on the Website.

  13. General Disclaimer
    1. These Terms apply to every transaction for the supply of Services.
    2. FindMyFit will make every effort to ensure the supply of any Services is accurately depicted on the Website, however, you acknowledge that the quality, production and sound may differ from what is displayed on the Website.
    3. Except as expressly provided in clause9 (a) above, to the maximum extent permitted by applicable law, FindMyFit makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including without limitation any warranties of title, non-infringement, merchantability or fitness for a particular purpose with respect to the services and/or related documentation. FindMyFit does not warrant that your use of the Services will be secure, timely, error-free or uninterrupted or that the Services are or will remain updated, complete or correct or that the Services will meet your requirements or expectations.
    4. No other terms or conditions shall apply other than these Terms.
    5. Use of the Website, Content and the Services, and any of the products or services of FindMyFit (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the products and services of FindMyFit, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of FindMyFit (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Content or any products or services of FindMyFit referred to on the Website.
  14. Linked Content
    1. You acknowledge and agree that we have no responsibility for the content (‘Linked Content‘) to which you or we may link from the website, or otherwise display on the website via an application programming interface or other method. The display of Linked Content or the provision of links to interfacing sites does not constitute an endorsement by or association with us of such Linked Content, interfacing sites, or products, advertising, or other materials presented on such sites.
    2. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such interfacingsites, or for any action taken by interfacing sites.
  15. Limitation of Liability
    1. For the purpose of this clause, Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
    2. FindMyFit expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties.
    3. Where any statutory warranties may not be excluded, FindMyFit’s liability is limited to an amount equal to the cost of replacement of the Services.
    4. You expressly understand and agree that FindMyFit, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
    5. FindMyFit is not responsible or liable in any way, for any Content on the Website (including Third Party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of FindMyFit, by third parties or through the offer of Services by FindMyFit.
    6. You acknowledge that FindMyFit does not provide the Delivery Services to you and you agree that FindMyFit will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
  16. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by FindMyFit as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. not renewing a Subscription prior to the end of the Subscription Period;
      2. providing FindMyFit with 30 days’ notice of your intention to terminate the Subscription;
      3. For Services, providing notice in writing toFindMyFit at any time on amanda@findmyfit.com;
      4. closing your accounts for any Services which you use, where FindMyFit has made this option available to you.
    3. FindMyFit may at any time, terminate the Terms with you if:
      1. you do not renew the Subscription at the end of the Subscription Period;
      2. you have breached any provision of the Terms or intend to breach any provision;
      3. FindMyFit is required to do so by law; and
      4. the partner with whom FindMyFit offered the Services to you has terminated its relationship with FindMyFit or ceased to offer the Services to you.
    4. Subject to local applicable laws, FindMyFit reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, or Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FindMyFit’s name or reputation or violates the rights of those of another party.
  17. Indemnity

    You agree to indemnify FindMyFit, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    3. any breach of the Terms.
  18. Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms claiming a dispute (Dispute), must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Maroochydore, Australia.
    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  19. Governing Law

    You agree that the laws of Queensland, Australian apply to a Contract regardless of your business, residential location, the location nominated for delivery of any Goods, the address for supply of Services or any other factor.

  20. Miscellaneous
    1. The availability of profiles, special editions, merchandise, tickets and competitions shown or referred to on this web site is subject to change, delay or cancellation due to out of stock issues, blend changes and freight delays.
    2. Competitions may be subject to individual terms and conditions available at the time of entry. Employees of FindMyFit Group Pty Ltd, including immediate families, cannot enter any competitions promoted on the FindMyFit website.
  21. Severance

    So far as possible, a Contract will be construed so as not to be invalid, illegal or unenforceable, but if any provision on a proper construction is illegal, invalid or unenforceable:

    1. that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and in such manner as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
    2. if the provision or part of it cannot be read down in a manner that will give it a valid operation, then the provision or relevant part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.