Terms of Use & User Agreement

Welcome to findapersonaltrainer.com.au. You must read and agree to these terms and conditions before you may join, subscribe, access or view this site. Please read them carefully. By visiting or subscribing to findapersonaltrainer.com.au, you are agreeing to its terms. These terms of use and this agreement are subject to change at any time, and changes are effective upon posting.

The following terms and conditions apply to your use of the findapersonaltrainer.com.au service including without limitation forums & bulletin boards, e-mail, instant messaging, newsetters, job boards, site information, chat and any other services that may from time to time be offered by findapersonaltrainer.com.au (the "Service", the “Services”). By using the findapersonaltrainer.com.au website and /or completing the registration process, you are stating that you AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS") AND YOUR USE OF THE SERVICE.
 
 
1. Member Account Security
 
 
1.1 To Subscribe to an email newsletter or open an account, you must complete the required registration process by providing us with accurate, complete and current information about yourself as prompted by our Registration & or Joining Form. You may be promted to nominate a password and account name (Guest members, Personal Trainer accounts gym & club accounts, business accounts, Education accounts). You agree to keep your registration data complete, accurate, current and up-to-date.
 
1.2 You agree that from time to time Findapersonaltrainer.com.au may compile & disclose your Registration information to third parties in aggregate form. When disclosed in aggregate form disclosures will not include the following personal details:
 
a. Your name
b. Mailing address
c. Email address
d. account and phone number, unless: You expressly authorise the disclosure; or Findapersonaltrainer.com.au is required by law to make such disclosures.
 
2. Security
 
2.1 Users and or Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through the use of a username & password. Each Subscriber must keep his username & password strictly confidential. You agree to ensure that your account name (“username”) and password are kept confidential and protected. Your account name (“username”) and password must not be told or given to any other person. Furthermore, you are exclusively responsible for the use (“any and all activities”) that occurs under your account at any and all times.
 
2.2 You agree to notify Findapersonaltrainer.com.au instantly if there has been any unauthorised use of your findapersonaltrainer.com.au account or any security breach on findapersonaltrainer.com.au.
 
3. Modify Service
 
3.1 Findapersonaltrainer.com.au reserves the right to and may from time to time suspend, modify, or discontinue the Service or Services in its absolute discretion.
 
4. Member Privacy
 
4.1 Findapersonaltrainer.com.au has a policy to respect the privacy of its members. For more information, see the Findapersonaltrainer.com.au privacy policy.
 
4.2 You agree that from time to time Findapersonaltrainer.com.au may send you electronic mail “Email”, newsletters, promotional information and other types of communications via electronic or other means.
 
4.3 You agree that findapersonaltrainer.com.au may use member profiles including photos in marketing and advertising whether electronic or print based for promotional purposes.   
 
4.4 You agree that when required and in order to repair or service technical issues Findapersonaltrainer.com.au may access your account and the information contained within it.
 
5. Member Conduct
 
5.1 You agree that you will not use this Service for any purpose that is prohibited by these TOS and or in any way that is unlawful
 
5.2 You agree that you will comply with all relevant laws and regulations and that you are solely and entirely responsible for any and all acts, omissions and data that you provide and occur under your account or password. This includes the content of your transmissions through the Service.
 
5.3 You agree not to use this service for any form or commercial purpose, including without limit the resale of this service or services.
 
5.4 You agree that you will not use the Service to directly or indirectly:
 

a. conduct surveys, chain letters, junk email, contests, spamming or any other duplicative or unsolicited messages of any nature, commercial or otherwise.;
b. distribute or publish or any indecent, defamatory, or unlawful material, images, links or information;
 

c. harass, defame, abuse, stalk or threaten others;
d. collect information about others, including email addresses, without their consent;
e. create 1 or more false identities for the purpose of misleading others. This includes hiding the identity of the yourself or the sender or the origin of a message or messages;
f. send, upload or transmit any material or materials that contains computer treats including: viruses, trojan horses, time bombs, worms, cancel bots, or any other form of harmful, deleterious, contagious  computer programs;
g. transmit, upload, broadcast or relay any computer programs or other form of material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
h. interrupt or interfere with networks connected to the Service or services or violate the regulations, policies or procedures of such networks and computer infrastructures.
i. attempt to hack or gain any unauthorized access to the Service or services, other member accounts, computer systems, private information or networks connected to the Service, through password scanning or any other means;

 
5.3 Findapersonaltrainer.com.au is not obliged to but may monitor your use of the service and other users use of the Service.
 
5.4 As a member of findapersonaltrainer.com.au you must not register a Basic membership of any kind, while at the same time having registered an Elite membership account at any one given time. Members must not register multiple times or with multiple basic or elite memberships of any kind with the exception of Guest memberships. Any member found to have registered for more than one paid membership will have all memberships except the original, removed from the findapersonaltrainer.com.au web site. Should this occur, all moneys paid will be forfeited and will be non-refundable.
 
Findapersonaltrainer.com.au reserves the right to and may monitor, review, retain and/or disclose any information as necessary to satisfy any regulation, applicable law, legal process or governmental request when required.
 
6. Links To Third Party Sites
 
6.1 The links included within the findapersonaltrainer.com.au web service may allow you leave the service web sites to linked sites. Sites linked from findapersonaltrainer.com.au are not under the control of Findapersonaltrainer.com.au and Findapersonaltrainer.com.au is not responsible for the contents within any linked site or any link contained in a linked sites, or any changes or updates to such sites or for any web casting or any other form of transmission received from any linked sites. Findapersonaltrainer.com.au provides these links for your convenience only.
 
7. Limitation of Liability
 
7.1 Findapersonaltrainer.com.au will not be liable to you in respect of any loss, injury or damage which may be suffered or incurred by you either directly or indirectly or in respect to your use of the Service or Services. To the extent permitted by law Findapersonaltrainer.com.au shall not be liable for any incidental, punitive, direct, indirect, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use of the Service or Services, data or profits, arising out of or in any way connected with the use or performance of the Service or Services, with the delay or inability to use the Service, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Findapersonaltrainer.com.au has been advised of the possibility of damages. Without limitation, Findapersonaltrainer.com.au will not be liable to you for losses arising directly or indirectly from any:
 
a. changes, suspension or discontinuance of the Service or Services;
b. failure to make any changes to the Service or Services or improvements to the Service or Services;
c. use or results of the use of the Service or the materials made available as part of the Service which are not correct, accurate, timely, or otherwise reliable;
d. deletion of emails or instant messages;
e. failure by Findapersonaltrainer.com.au to provide the Service;
f. for any corruption to or loss of data;
g. errors or interruption to the Service;
h. threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights;
i. content sent using and/or included in the Service by any third party; or
j. contractual or other relationship you enter into with any advertiser appearing on the Findapersonaltrainer.com.au web site or the Service. or
k. defects, faults or viruses;
 
8. Exclusion of Warranties
 
8.1 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Findapersonaltrainer.com.au of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). Findapersonaltrainer.com.au does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Without limitation and excepting the Non excludable Rights:
 
a. Findapersonaltrainer.com.au makes no express representations about the suitability, reliability, availability, timeliness and accuracy of the Service for any purpose. The Service is provided "as is" and to the extent permitted by law, Findapersonaltrainer.com.au hereby disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
b. Findapersonaltrainer.com.au does not warrant or make any representation regarding your access to, or the results of your access to, the Service (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
 
9. Indemnification
 
9.1 You agree to indemnify and hold Findapersonaltrainer.com.au, proprietors and employees, harmless from any and all claims, costs, causes of action, actions, arbitration, applications, complaints, debts due, enquiries, demands, terminations, judgments and verdicts, at law, in equity or arising under any statute or award (including legal costs), by any third party due to or arising out of your use of or conduct on the Service, including without limit:
 
a. Your breach of these TOS; and or Your failure to comply with the TOS.
10. Fees/Termination
 
10.1 Findapersonaltrainer.com.au’s usage and/or subscription or membership fees were provided to you upon registration and may change from time to time and are effective upon posting. Findapersonaltrainer.com.au reserves the right to terminate your access or membership to the site and service for any reason or no reason effective immediately. If Findapersonaltrainer.com.au terminates your membership in the Findapersonaltrainer.com.au service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Findapersonaltrainer.com.au reserves the right to terminate your access to the Service or Services at any time, with or without notice and with out reason whatsoever, effective immediately. Findapersonaltrainer.com.au may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Findapersonaltrainer.com.au. Upon termination of Service, your right to use the Service immediately ceases.
 
10.2 Subscription to Findapersonaltrainer.com.au may be terminated at any time, and without cause, by either Company or Subscriber upon notification of the other by electronic mail. You agree to be personally liable for all charges incurred by you during or through the use of Findapersonaltrainer.com.au. Upon your notification of termination, your right to use the Service will cease immediately and Findapersonaltrainer.com.au will nolonger be obliged to forward any unread or unsent email to you or any third party.
 
11. Subscription Fees and Changes
 
11.1 Some or all of the following fees and charges may be incurred by the Subscriber:
a. Subscription Fees (also know as Membership fees). The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable; and
b. Full payments for all goods and services ordered at, through and/or from Findapersonaltrainer.com.au and its licensees.

11.2 Subscriptions may not be assigned or transferred to any other person or entity. Subscribers will be given access to billing records that support charges for use of the Service.

11.3 Payment for the services provided to you at and/or through Findapersonaltrainer.com.au may be made by automatic credit card or debit card debit and you hereby authorize Findapersonaltrainer.com.au and its agents to transact such payments on your behalf. Findapersonaltrainer.com.au uses Paypal as their secure online payment system.
 
 
 
a. Notify us of your intention to terminate your membership via electronic mail (email) at least 48 hrs prior to the expiry of your membership.
 
b. Delete your membership account via your private member login options, accessable by logging into your account and clicking the delete button and completing the process.
 
11.5 Any and all memberships purchased under a Special offer or promotion will revert to the now-current regular billing fee for the original purchased period of membership upon expiry of the original.
 
12.  Promotions
 
12.1  We reserve the right to modify, alter, discontinue or terminate a Promotion at any time for any reason whatsoever, with or without notice. Further, these Standard Promotional Terms and Conditions may be modified or amended at any time by Us by the posting of new terms herein. It is your sole responsibility to check these Standard Promotional Terms and Conditions and any applicable specific promotional offer terms before accepting any Promotional offer.
 
13. Our relationship with advertisers
 
13.1 Findapersonaltrainer.com.au does not screen or endorse advertisements or communications submitted to Findapersonaltrainer.com.au by third-party licensees, advertisers, or subscribers for electronic dissemination through Findapersonaltrainer.com.au. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of Findapersonaltrainer.com.au prior to purchasing goods and/or services described at Findapersonaltrainer.com.au or otherwise responding to any communication at Findapersonaltrainer.com.au. Any dealings with any advertiser appearing on the findapersonaltrainer.com.au Website or Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Findapersonaltrainer.com.au is not liable or responsible for any element of any such dealings or promotions.
 
 
14. Amendment of Findapersonaltrainer.com.au Terms of Service
 
14.1 From time to time Findapersonaltrainer.com.au may amend the TOS or its policies in regard to the use of the Service. Any updates to the Findapersonaltrainer.com.au TOS will be posted on the TOS on this Web site. By continuing to use the Service, you agree to be bound by the amended TOS.
 
 
15. General
 
15.1 In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

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