1.0 ACCEPTANCE OF TERMS
(a) Fit Connections Pty Ltd ACN 114 989 187 (“we“, “us”) own and operate the website www.fitconnections.com.au
(b) By accessing or using the website, registering as a user, posting any content to the website, or signing up to our mailing list you agree to be bound by the following agreement (“terms of use”). These terms of use incorporate our privacy policy, and govern your access to and use of this website.
(c) Our making content on this website accessible to you is conditional upon your acceptance of these terms of use without variation. If you do not agree to these terms of use, please exit the website immediately.
(d) We may update these terms of use by posting the new version on the website at any time and without separate notice to you. Your continued use of this website after we post any changes to these terms of use constitutes your agreement to those changes effective from that date.
2.0 YOUR WARRANTIES AND OBLIGATIONS
2.1 YOU AGREE TO:
(a) comply with these terms of use and all applicable laws and regulations;
(b) comply with our privacy policy, contributor policy, and any other policy we publish on the website from time to time.
(c) use the website in good faith and for personal use only.
2.2 You must not:
(a) disclose your authentication details (password, etc.) to any other person;
(b) post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;
(c) upload any content in violation of any third party intellectual property rights;
(d) post commercial advertisements or promotional material without our consent;
(e) cause annoyance, inconvenience or needless anxiety to others; or
(f) collect information (including information about other users) for purposes outside these terms of use. In particular, you must not harvest information from the website for commercial purposes without our prior written consent.
3.0 POSTING CONTENT
(a) By uploading or posting content to this website, you grant us a perpetual, non-exclusive, royalty-free, world-wide licence to all intellectual property in that content, including the rights to sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit such materials in our ordinary course of business.
(b) You warrant and represent that:
(i) you own, or otherwise have full legal right to provide the content and intellectual property licence above.
(ii) you have obtained consent from any person pictured in the content (including consent from parents or guardians for any person under the age of 18), and that publishing their likeness on the website does not breach any third party privacy or publicity rights;
(iii) the content is not defamatory, confidential, and does not infringe any third party intellectual property rights or otherwise breach our contributor policy.
(c) We reserve the right to exercise editorial control over any content on the website, including any content you provide.
4.0 INTELLECTUAL PROPERTY RIGHTS
(a) The material on the website is protected under Australian and international copyright and other laws governing protection of intellectual property rights. Intellectual property rights in images, trade marks and other content on the website are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials.
(b) You may make a copy (either electronically or in hard copy) of material on this website for non-commercial personal use.
(c) Feel free to post links to article pages on social media or other websites, but note that all information on this site is intended of a general nature. You are responsible for representations you make about content on the website.
(d) Do not deep-link to images or embed pages within your own frames or site. Please contact us if you wish to re-post articles or images from this website on another site, as some materials are subject to third party licences.
5.0 DISCLAIMERS AND LIMITATION OF LIABILITY
(a) You use the website, and rely on any content at your own risk. Information on the website is no substitute for professional advice.
(b) Some exercises, diets, or other activities discussed on this website may have an inherent risk of injury, and should you choose to undertake such activities you do so at your own risk. Please do not undertake any such activities without appropriate supervision and independent professional advice.
(c) The website contains general information from many different sources. We make no representation or warranty that the information provided on the website is complete, accurate, current, or relevant to your circumstances.
(d) Nothing on this website is intended as medical, nutritional or fitness advice, and should not be used to diagnose, prevent, treat or cure any medical, dietary or physiological issue or injury. Please seek independent medical, nutritional or fitness advice (as applicable) from a qualified professional before relying upon any information on this website, even if only used for therapeutic purposes.
(e) The information, services and material contained in this website are provided on an “as is” basis. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to such information, services and materials, whether provided by us, third party contributors or other users.
6.0 INDEMNITY
(a) Neither we nor any of our directors, employees, contractors or other representatives, are liable for any loss, damage or personal injury whatsoever which may arise out of or in connection with your use of this website, to the maximum extent permitted by law.
(b) This limitation of liability extends to loss, damage or personal injury caused directly or indirectly by your access to or inability to access this website, and your reliance on any information provided in the website, even if we have been advised or ought to know of the possibility of such damage or injury.
(c) You agree to release and indemnify, defend and hold harmless us and our directors, employees, contractors or other representatives from all liabilities, claims and expenses, including legal fees that arise from your use or misuse of this website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
7.0 LINKS TO THIRD PARTY WEBSITES
This website may provide links or references to other websites for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
8.0 JURISDICTION
These terms of use shall be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the Courts of Queensland.
9.0 TERMINATION OF ACCESS
If we in our absolute discretion determine that you have committed a breach of these terms of use, in particular the user warranties and obligations, we may immediately and without further notice to you, suspend your use of the website, and delete any data associated with your account (for registered users).
10.0 VIOLATIONS
Please support the Fit Connections community and report any violations of these terms of use by contacting us by email.
11.0 GENERAL
11.1 Severability
If any provision of these terms of use is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.