Terms and Conditions

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RP PERFORMANCE

ONSITE AND ONLINE SERVICES AGREEMENT

This is an Agreement under which you agree to become a Member of RP Performance (ABN 34 880 118 076) (of R12, Rialto Towers, 525 Collins Street, Melbourne, Victoria 3000).

It is made up of the following:

  1. Terms and Conditions of RP Performance (Part 1 – General Terms and Conditions for Onsite and Online Services, Part 2 – Website Use and Conditions of Online Services, Part 3 – Definitions);
  2. Other documents attached or referred to, including the Club Code of Conduct, Privacy Policy, and any Special Conditions.

Part 1 – General Terms and Conditions

The terms of Part 1 of this Agreement apply to both Onsite Services Memberships as well as Online ServicesMemberships unless specified within, and as defined in Part 3 Definitions.

1. Why Is This Agreement Needed?

1.1         This Agreement is important because it sets out your rights and obligations when using both Onsite Services and Online Services.

1.2         It is important to note that the terms contained in this Agreement apply (including the payment of Membership Fees, regardless of whether you opt not to use the Onsite Services or Online Services, prior to the termination of the Agreement.

2. RP Performances Memberships 

2.1         RP Performance offers the following Onsite Membership Types;

  • Personal Training Memberships;
  • Group Fitness Memberships;
  • General Facility Use Memberships;
  • Private Corporate Gym Memberships;

2.2         RP Performance offers the following Online Membership Types;

  • Personal Training;
  • Group Training;
  • Nutritional Seminars; and
  • 30/45 Min PT Sessions.

2.3         RP Performance also offers the following Products and Services;

  • Online Store Products;
  • Gift Cards.

3. Joining RP Performance

3.1         When you join RP Performance, you will be required to provide various information, including photo identification as well as any other information required specifically for the type of membership that you are being offered. All information provided to us will be dealt with in accordance with our Privacy Policy.

3.2         Upon signing up with any of the RP Performance Onsite or Online Services, you are entitled to a 7 Day Cooling Off Period. This period commences from the date that you enter into this Agreement with RP Performance. In the event that you wish to exercise your rights to this Cooling Off Period, you are to notify us in writing. This only applies to RP Performance Onsite or Online Memberships, and not any products sold either at the facility or online.

3.3         For safety reasons, you must be above the age of 18 years old in order to use the Onsite or Online Services of RP Performance.

4. Health and Fitness Requirements of RP Performance

4.1         It is a condition of this Agreement, that every time you use the Onsite or Online Services, you will ensure you are in good physical condition and know of no medical or other reason why you should not exercise.

4.2         In instances where you are unsure as to your physical (or other medical) condition, you are to seek medical guidance and not use the Onsite or Online Services, until you are satisfied that you are able to do so.

4.3         You undertake to, prior to the commencement of use of Onsite or Online Services, on each occasion, that you will provide all relevant health and fitness information so as to be sure that we are aware of any information that may restrict or limit your ability to use the Onsite or Online Services.

4.4         You agree that you will complete a Pre-Exercise Questionnaire provided by RP Performance and do so thoroughly and honestly. It may be that you will require further medical guidance as a result of the answers provided.

4.5         You should be aware that any information provided in the Pre-Exercise Questionnaire or other screening does not constitute medical advice and does not guarantee against injury or death.

4.6         You are not to use the Onsite or Online Services if you are suffering from any illness, disease, injury, or other condition that could be a risk to your health or safety or that of other Membersandothers. We reserve our right to ask you to cease use of Onsite or Online Services, in the event that we are of the reasonable belief that you are suffering from the above.

4.7         We have the right to cancel or suspend your membership of the Onsite or Online Services if we are of the reasonable belief that you are in breach of any of the clauses contained within.

5. Safe and Acceptable Use of RP Performance Onsite or Online Services

5.1         You agree to take care to use the Onsite or Online Servicessafely and properly.  If you are ever not sure how to operate any equipment properly, you agree to ask representatives of RP Performance before the use of such equipment. In the event that you are not at the RP Performance Facility, you are to contact RP Performance for guidance.

5.2         You agree to follow any reasonable direction of RP Performancestaff relating to health, safety, or security matters or related matters.

5.3         RP Performance has a zero-tolerance policy towards the distribution or use of illegal or performance-enhancing drugs. It is prohibited and you agree that you will not use or distribute these substances in or near the RP Performance Facility.

5.4         If you behave in a risky or inappropriate manner (as outlined in our RP Performance Code of Conduct), we reserve our right to take appropriate action, including but not limited to immediate termination of your membership with RP Performance. We also reserve our right to pursue you for any loss or damage which you directly or indirectly cause or contribute to as a result of this behaviour.

5.5         RP Performance does not allow members to engage in commercial or business activities at RP Performance Facilities (including but not limited to offering training services or selling goods) unless we grant you written permission to do so. We reserve our right to terminate your use of the Onsite or Online Services.

6. Access to RP Performance Onsite or Online Services

6.1         For Onsite Services, you may be required to use an Access Card to access the Facilities and Services and must swipe this each time you use the same.

6.2         For Onsite Services, you are to notify RP Performance of the loss of your Access Card within twenty-four hours. In the event that you lose your Access Card, you are able to show photo identification to access the Onsite Services, however, this is only allowed at the discretion of RP Performance management.

6.3         You must not let anyone else into an RP Performance Facility without the approval of RP Performance Management;

6.4         If you breach the terms of Clause 6 of this Agreement, we reserve our right to suspend or terminate your Onsite or Online Services with RP Performance, or limit your use of the Onsite or Online Services at the discretion of RP Performance Management.

6.5         For Online Memberships, please refer to Part 2 – Website Use and Conditions of Online Services.

7. Payment for Onsite and Online Services

7.1         All payments to us are processed by a third-party payment processing provider. When purchasing a membership for the Online or Onsite Services, you agree to be bound by any terms and conditions of that Third-Party Payment Service in addition to this Agreement. The Third-Party Payment Service or your bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the price of your Online or Onsite Services membership, or other paid services unless otherwise specified. We accept no responsibility for your use of any Third Party Payment Service.

7.2         Changes in pricing: We may increase or vary the fees and charges for Onsite and Online, or institute new fees or charges, at any time in our sole and absolute discretion by publishing them on the Website or by such other means we consider appropriate. Any increase in charges or fees, or new charges or fees, will take effect from the date of your next renewal or purchase of the Onsite or Online Services to which those charges or fees apply, provided that in the case of automatic renewal, we have given you 7 days written notice of the change.

7.3         Except in the case of recurring services (such as a monthly subscription), payment must be made at the time of purchasing your Online or Onsite Services. In the case of recurring services, you will be charged on a recurring basis at the commencement of each monthly (or other specified) period.

7.4         Keeping your information up to date: You agree to keep your account and other information including your email address and payment details up to date so that we can process payment, complete your purchase(s), and contact you as needed in connection with your purchases or account.

7.5         Incidental charges and expenses: In addition to any fees or charges payable to us, you agree that you remain responsible for all charges, fees, or expenses associated with signing up for, using, and connecting to the Subscriptions and other Paid Services, including (without limitation) travel costs, telephone or internet access and charges, computer or other equipment.

7.6         Termination for incorrect or invalid payment details: If your payment is declined or fails for any reason, we may cancel your Onsite or Online Services immediately without prior notice to you.

8. Suspending or Cancelling Your RP Membership

8.1          While RP Performance Memberships are not “Lock-In” or “Fixed Term” contracts, you may welcome to temporarily suspend or freeze your Membership for any reason if your account is up to date.

8.2         However, as an ongoing agreement, you must provide us at least 14 days prior written notice in the event that you wish to cease your Membership with RP Performance.

8.3         You can cancel your Membership at any time with immediate effect if you cannot use the Onsite or Online Services because you contract a serious illness or a permanent physical incapacity during your Membership. This must be confirmed in writing by a doctor or other medical professional.

8.4         For suspension or cancellation of Online Services, please see Part 2 – Website Use and Conditions of Online Services.

9. Disclaimer, Limitation of Warranty, and Limitation of Liability

9.1         The opinions, information, and other content contained in or on, or provided through, the Onsite and Online Services are for informational and entertainment purposes only, are not intended as medical or nutritional advice, and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. You should consult your physician or other health care professional before starting any nutrition and/or fitness program to determine if it is appropriate for you.

9.2         We make no representation that any information used in the delivery of the Online and Onsite Services is in every respect accurate, current, or complete. To the fullest extent permitted by law, we assume no responsibility for any error or omission in any content or information published on or available through the Onsite and Online, or that it is suitable for your personal circumstances. You are encouraged to confirm any such information with other sources and make your own assessment of its reliability and suitability for your individual circumstances.

9.3         No duty to warn or advise: There are risks associated with any health, exercise, and nutritional activity. You agree and acknowledge that the warnings set out or provided on, in, or through the Onsite and Online Services, are not advice or a comprehensive statement of risk and are not intended to be relied upon as such. To the extent permitted by law, you agree that nothing in any warning or other information set out or communicated in or through the Onsite or Online Services or these terms shall give rise to any duty to warn of any risk or any other matter, duty to advise or other duty of care.

9.4         Limitation of Warranty: To the fullest extent permitted by law, and except as otherwise expressly specified, neither we, nor any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers give any warranty of any kind, whether express or implied, about the Onsite or Online Services or any content, material or representations posted on, through or with respect to the Online and Onsite Services, or about any External and Third-Party Links and Sites or Third Party Content.

9.5         Release: To the fullest extent permitted by law, you release and forever waive any and all Claims you may have against us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers for any loss, damage, expense or injury (including any Claim) you sustain arising out of or in connection with your access to (or inability to access) or use of Onsite or Online Services, or any External and Third-Party Links and Sites or any Third Party Content.

9.6         Limitation of liability: To the fullest extent permitted by law you agree that neither we, nor any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers will be liable to you or any person for any Claim resulting from or arising out of (i) your use or inability to use the Onsite or Online Services, including (without limitation) their unavailability at any time or for any period, whether or not by reason of matters within our control or within the control of any vendor providing software or services support to us, (ii) any indirect or consequential loss, or any economic loss; or (iii) any other matter relating to the Onsite and Online Services, except to the extent resulting from our gross negligence or wilful default.

9.7         Where the liability of any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded or is unable to be excluded, that liability, howsoever arising and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be limited to direct damages up to the amount (if any) you have paid us for the use of the Onsite or Online Services in the immediately preceding six (6) months, or $2,000 (whichever greater).

10. Indemnity

10.1      To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless us, and our and their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers from and against all Claims, including reasonable legal costs, resulting from any breach of these Terms and Conditions or any activity related to your use of the Onsite or Online Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any Claim, whether direct, indirect, incidental, special and/or consequential, including loss of profits or income, suffered by us, or you, or claims made against us, or any of our or their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers or you which result from your breach of these Terms, or your use of the Onsite or Online Services.

10.2      Each of the indemnities in clause 8.1 is a separate obligation by you to us. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.

11. Variation of Agreement 

11.1       This agreementis subject to change by us in its sole discretion at any time, with or without notice. Your continued use of the Onsite or Online Servicesafter the posting of changes to this Agreement constitutes your acceptance of such changes. Please consult the end of this Agreement to determine when the Agreement was last revised.

12. No Warranties. 

12.1       This section will apply to the maximum extent permitted by applicable law. We provide the Onsite or Online Services on an “as is” and “as available” basis and disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise with respect to the Services or the Site (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership. To the extent we are not permitted to exclude any implied warranties, our liability is limited (at our option) to (a) where the breach relates to goods, the repair or replacement of the goods, the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; or (b) where the breach relates to the supply of a service, resupplying the service or payment of the cost of having the service resupplied. To the extent permitted by law, we do not warrant that your use of the site or services will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the site or services will be corrected. We disclaim liability for, and no representation or warranty is made with respect to the connectivity and availability of the services. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are hereby disclaimed.

13. Service

13.1       Either party may give notice:

  • by email through the Contact Us page on our Online Services;
  • by ordinary mail or hand delivery, in our case to the current postal address indicated by our website contact details page – and in no other way.
  • A notice is deemed to be served:
  • if it is mailed: before noon on the second business day after posting;
  • if it is emailed during business hours upon the email leaving the sender’s mail server, and if outside business hours 9 am on the next business day;

14. No Agency

14.1       Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognise a partnership, joint venture, or formal business entity of any kind, and the rights and obligations of the parties shall be limited to those expressly set forth herein.

15. Severance

15.1       If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the Agreement.

16. Jurisdiction

16.1       Subject to clause 14.2, this agreement and any contract arising under it are governed exclusively by the laws of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.

16.2       Where the law gives you a right to bring a proceeding in any other state of Australia, then clause 14.1 does not in any way limit that right.

17. Waiver

17.1       No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.

18. General

18.1       Headings and footnotes are only for convenience. They are to be ignored when interpreting the Agreement.

  1. A reference to the singular includes the plural and vice versa.
  2. Where one thing is said to include one or more other things, it is not limited to those other things.
  3. There is no significance in the use of gender-specific language.
  4. A “person” includes any entity which can sue and be sued.
  5. A “person” includes any legal successor to or representative of that person.
  6. A reference to a law includes any amendment or replacement of that law.

Part 2 – Website Use and Conditions of Online Services

Part 2 of this Agreement applies to the use of the Website (www.rpperformance.com.au) and Application (“the RP Performance App”) (known hereafter as the “Online Services” and includes the RP Performance App) as well as paid membership to the online services unless specified within.

1. Use of Online Services 

1.1       Please read the agreement carefully before using the Online Services. By using the Online Services, you signify your agreement to these terms of use. If you do not agree to these terms, you may not use the Online Services. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If the agreement is inconsistent with the guidelines, terms, and agreements applicable to those services, this agreement applies.

1.2       If you do not agree to be bound by this agreement, do not use the Online Services.

1.3       Your use of, or participation in, certain Online Services may be subject to additional terms, and such terms will either be listed in this Agreement or will be presented to you for acceptance when you sign up to use such Online Services.

1.4       In consideration of providing you with a license to use the Online Services, you agree only to use the Online Services in accordance with these terms.

2. Products and Services

2.1       The Online Services include: Personal Training;

  • Group Training;
  • Nutritional Seminars; and
  • 30/45 Min PT Sessions.

2.2       RP Performance also offers the following Online Products;

  • Online Store Products;
  • Gift Cards.

2.3       We may offer additional services or revise any of the Online Services, at our discretion, and with or without notice. This Agreement will apply to all additional services or revised Online Services. We also reserve the right to cease offering any of the Online Services at any time without prior notice.

2.4       To avoid doubt, the Online Services do not include any commercial or business purpose or activity by anyone other than me, unless provided permission under further terms of business.

3. Limited License to Use Online Services

3.1       The content contained on the Online Services(collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Online Services is our exclusive property, protected by Australian and international copyright laws, treaties and conventions. All software used on the Online Services is our property or the property of our software suppliers and protected by Australian and international copyright laws, treaties, and conventions.

3.2       We grant you a limited license to access and make personal use of the Site. No Content of the Online Services or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Online Services. Your use of Content on any other website or computer environment is strictly prohibited.

3.3       This License granted to you does not include, and specifically excludes, any rights to:

  1. resell or make any commercial use of the Online Services or any Content; collect and use any product listings, descriptions, or prices;
  2. make any derivative use of the Online Services or Content;
  3. download or copy account information for the benefit of anyone else; or
  4. use any form of data mining, robots, or similar data gathering and extraction tools.

You may not frame, or utilize framing techniques to enclose any Mark, Content, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

3.4       Your license is made up of the following:

3.4.1       This full document;

3.4.2       our privacy policy; and

3.4.3       any other policy that we may publish on the Online Services from time to time.

3.5       A condition of this licence is that:

3.5.1       except for a free membership category, and only where relevant, you must pay the appropriate membership fee to access the benefits and features of different membership levels;

3.5.2       we may contact you by email for the purposes outlined in our privacy policy;

3.5.3       our advertisers, and other users of the site may send you email from the site;

3.5.4       you may only establish and use one user account with the site;

3.5.5       your use of the site signifies your agreement to these terms (as amended from time to time); and

3.5.6       you may not share your account with anyone else.

3.5.7       You must ensure that:

3.5.7.1    all information you provide us in registering to use the Online Services is true and correct, and is at all times kept up to date; and

3.5.7.2    you comply with all applicable laws.

4. Use of Online Services

4.1    Exclusive Use: Your Online Services account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your license to use your account to any other person or entity. You acknowledge that we are not responsible for any loss incurred by you which arise as a result of third party access to your account that results from the sharing by you or the theft or misappropriation of your user name or passwords.

4.2    Geographical Limitations: You will only use the Online Services in a manner consistent with this agreement, and any and all applicable local, state, territorial, national, and international laws and regulations.

4.3    Information Submitted:You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Online Services (ii) the information and content you post, transmit, publish or otherwise make available through the Online Services, and (iii) your interactions with other users through the Online Services.

4.4   Risk Assumption and Precautions.You assume all risk when using the Online Services, including but not limited to all of the risks associated with any online or offline interactions with others. You acknowledge that we are unable to guarantee the accuracy of information provided to you by or about other users. You agree to take all necessary precautions when communicating with users of these Online Services. You understand that we make no representations, warranties or guarantees, either express or implied, regarding the information contained on this Online Services by other users.

4.5    Content Removal.We reserve the right, but have no obligation, to monitor the information or material you submit to the Online Services or post in the public areas of the Online Services. We will have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law, or the letter or spirit of this Agreement, or upon the reasonable request of any third party. Notwithstanding this right, you remain solely responsible for the content of the materials you post.

4.6     Posting and Communication Restrictions. In addition to the terms of this Agreement, you agree to abide by codes of conduct which may be incorporated by reference into this Agreement, when posting content on the Online Services. You must not post onto the Online Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in or encourage any activity when using the Online Services that:

  1. breaches any other contractual obligations you may have with another party, including any employment agreements or covenants;
  2. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  3. is intended to or has the effect of harassing, threatening, or intimidating any other users of the Online Services;
  4. is defamatory, inaccurate, abusive, obscene, profane, offensive, fraudulent, or otherwise objectionable;
  5. contains content or links to content (including but not limited to music, movies, videos, photographs, images, software, etc.) that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity);
  6. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  7. promotes or encourages illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, create or disseminate computer viruses, or circumvent copy-protect devices;
  8. is intended to or has the potential to defraud, swindle or deceive other users of the Online Services;
  9. contains viruses, time bombs, trojan horses, cancelbots, worms, restricted or hidden password protected pages or other harmful, or disruptive codes, components, or devices;
  10. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
  11. is intended to interfere with other users or potential user’s enjoyment of the Online Services;
  12. impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
  13. solicits gambling or engages in any type of gambling, gaming, or similar activity;
  14. uses scripts, bots, or other automated technology to access the Site or Services;
  15. uses the Site or Services for chain letter, junk mail, or ‘spam’ e-mails in contravention of the Spam Act 2003(Cth);
  16. collects or solicits personal information from anyone under age 18 or is otherwise predatory; or
  17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar unlawful activities.

4.7    No Advertising or Commercial Solicitation. You must not advertise or solicit any user to buy or sell any products or services through the Online Services. You must not transmit any chain letters, junk, or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this clause and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to us.

5. External links and Activities

5.1       We may provide you with links to external websites from the site (“External Links”), where we do you acknowledge that:

  1. we do not endorse or recommend such website;
  2. websites do not form part of our website;
  3. we do not warrant that (i) any information contained in such website is true and correct;(ii) these external websites do not contain viruses, trojans and other malware.

5.2       We may promote, advertise or sponsor functions, events, offers, products, services, competitions, or other activities that may be conducted offline and may be conducted by other parties (“External Activities”).

5.3       We may also provide you with External Links for the purpose of External Activities, where we do you acknowledge that:

  1. we do not endorse or recommend such External Activities or External Links;
  2. such External Activities or External Links do not form part of our website and may be subject to separate terms and conditions;
  3. you participate in any External Activities or use External Links at your own risk;
  4. we are not liable for any loss, damage or claim arising from External Activities or External Links whether or not such External Activities or External Links are provided by our agents or contractors.

5.4       We do not warrant that: (i) any information contained in such website activities or links is true and correct; (ii) these external do not contain viruses, Trojans, and other malware.

6. Intellectual Property

6.1       Ownership of Content. You acknowledge and agree that we own and retain all intellectual and other proprietary rights in the Online Services and any Products sold directly on the website (unless expressly stated otherwise).

6.2       No Use of Content. You must not post, copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) the Content or (ii) other copyrighted material, trademarks and other proprietary content accessible via the Online Services, without first obtaining the prior written consent of the owner of the proprietary rights.

6.3       Other Users’ Information. Other users may post copyrighted Content, which has copyright protection whether or not it is identified as copyrighted. Except for that content for which you have been given permission, you agree that you will not copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any of our, or third party, copyrighted content which is made available via the Online Services.

6.4       Grant of Licence. By posting information or content to any profile pages or public area of the Online Services, you automatically grant, and you represent and warrant that you have the right to grant, to us and our users, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Online Services (e.g, rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this clause in connection with the additional terms and conditions (if any) of such features.

6.5       Notice of Infringement. You must notify us immediately if you become aware of any advertisement or user profile on the sites which infringes the intellectual property rights of any third party.

6.6       Third party content. Opinions, advice, statements, offers, or other information or content made available through the Online Services, but not directly by us, are those of their respective authors (who may be other users) and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or suitability of any information provided on the Online Services, nor adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any claim, loss, or damage resulting, directly or indirectly, from any person’s reliance on information or other content posted on the Online Services, or transmitted to or by any users.

7. Termination/Suspension

7.1       In addition to any other right we have under these terms, we may terminate or suspend your licence to use the Online Services at anytime: (i) if applicable, where you fail to pay us money, where you make a payment through an unauthorised or unlawful payment method or chargeback money you have paid us; or (i) where you breach these terms or any other policy; or (iii) for any other reason we deem appropriate;

7.2       If applicable, where your membership is terminated by us, you will not be entitled to a refund of any fees paid or pro-rata thereof. This clause shall not merge upon termination of this agreement.

7.3       In addition to any other right of termination we may terminate your licence to use our site at any time where we wish to discontinue our site or redevelop our Online Services.

7.4       You may terminate your account with us at any time, but where you do and if applicable, any membership fees you have paid are forfeited, to the extent permitted by law.

Revision Date

These terms were last revised on 10 June 2021.