Last Updated: 7 May, 2020
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Fitness Playground Surry Hills Pty Ltd ABN 16 166 906 850(together with our affiliates, “Fitness Playground”, “we”, or “us”) provides an online fitness community and related products, services, content and features through Fitness Playground websites (the “Fitness Playground Site(s)”), and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Fitness Playground-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the Fitness Playground Sites and Apps, along with the Fitness Playground-controlled social media pages are collectively called the “Fitness Playground Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Fitness Playground Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Fitness Playground.
If you do not wish to be bound by these Terms, you may not access or use the Fitness Playground Service. Certain elements of the Fitness Playground Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Fitness Playground Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Fitness Playground Service. We may, in our sole discretion, refuse to offer the Fitness Playground Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Fitness Playground Service is revoked where these Terms or use of the Fitness Playground Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Fitness Playground Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Fitness Playground Service, Fitness Playground grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Fitness Playground Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below in Section 8) available on the Fitness Playground Service.
Restrictions. Except as expressly permitted in writing by an authorized representative of Fitness Playground, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Fitness Playground Service, nor will you take any measures to interfere with or damage the Fitness Playground Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Fitness Playground Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Fitness Playground in these Terms are reserved.
To enjoy full access to the Fitness Playground Service, you must register as a member of the Fitness Playground Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). You must provide complete and accurate registration information to Fitness Playground, complete the Subscription process, and notify us if any of your information changes. Additional information about our subscription fee is available on our studio website https://thefitnessplayground.com.au/
If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for Fitness Playground’s online Content. You must have an account registered on our studio website in order to sign up for in-studio classes and/or purchase studio memberships, but you are not required to have a Subscription. Additional information about our in-studio class packs and memberships is available on our studio website https://thefitnessplayground.com.au/
Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Fitness Playground’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Fitness Playground Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
Fitness Playground will provide information on its then-current in-studio membership and Subscription requirements on the Fitness Playground Site https://thefitnessplayground.com.au/
and/or by other means through the Fitness Playground Service. Features and prices may be subject to change which you will be notified of at least 30 days before the change comes into effect. If you don’t agree with the changes, you may terminate your membership by giving us notice of termination within the 30-day notice period.
Fitness Playground accepts orders for any equipment, apparel or accessories that we may offer through the Fitness Playground Site or at Fitness Playground retail showrooms. The availability of products is not guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colours, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Fitness Playground Site or to your email address after your payment has been processed.
Term. These Terms begin on the date you first use the Fitness Playground Service and continue as long as you have an account with us and/or continue to use the Fitness Playground Service.
Termination. You may terminate your Subscription by choosing the option to cancel your subscription located in your account settings. Your subscription will then be terminated at the end of your current prepaid subscription period. In addition, Fitness Playground may terminate your subscription by giving you 30 days’ notice. Fitness Playground may also, in Fitness Playground’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below in Section 8) that you submitted, for any lawful reason, including if Fitness Playground reasonably determines that you have violated these Terms where such breach cannot be rectified or that your conduct or User Content would tend to damage Fitness Playground’s reputation or goodwill. If Fitness Playground deletes your account, you may not re-register for or use the Fitness Playground Service under any other user name or profile. Fitness Playground may block your access to the Fitness Playground Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Fitness Playground will terminate. In the event of account deletion for any reason, User Content may no longer be available and Fitness Playground is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Fitness Playground Service. Fitness Playground, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Fitness Playground Service; and (ii) ”User Content” means any Content that users (including you) provide to be made available through the Fitness Playground Service.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Fitness Playground Service.
As between you and Fitness Playground, you represent that you own (or have all rights necessary to grant Fitness Playground the rights below to) all User Content that you submit to the Fitness Playground Service, and that Fitness Playground will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Fitness Playground a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy (if any) or publicity in your User Content. You further grant all users of the Fitness Playground Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Fitness Playground or through the Fitness Playground Service about improving or adding new features or products to the Fitness Playground Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Fitness Playground a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Fitness Playground Service. Subject to any obligations we may have in respect of personal information, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in App Granted. Subject to your compliance with these Terms, Fitness Playground grants to you a limited non-exclusive, non-transferable, revocable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. This licence does not include the right to sublicense. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Fitness Playground reserves all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Fitness Playground Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Fitness Playground Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Fitness Playground Service and Fitness Playground’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Fitness Playground Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
When interacting with other Fitness Playground members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Fitness Playground Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitness Playground is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Fitness Playground and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Fitness Playground Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.13. Third Party Links and Content
There may be links on the Fitness Playground Service that let you leave the particular Fitness Playground Service you are accessing in order to access a linked site that is operated by a third party. Fitness Playground neither controls nor endorses these sites, nor has Fitness Playground reviewed or approved the content that appears on them. Fitness Playground is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Fitness Playground is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
Fitness Playground reserves the right to modify the Fitness Playground Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Fitness Playground Service, at any time, in its sole discretion. You will be notified of any modification which would significantly affect the provision of the Fitness Playground Service in accordance with Section 23.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitness Playground Service. Fitness Playground has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Fitness Playground Service is suitable for all users or that it will continue to be available for any length of time.
Fitness Playground provides the Fitness Playground Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Fitness Playground Service at your own risk. Fitness Playground makes no representations or warranties:
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
To the fullest extent permitted by law and subject to our obligations under the Australian Consumer Law: (i) Fitness Playground shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Fitness Playground Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Fitness Playground’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Fitness Playground over the 12 months preceding the date your first claim(s) arose.
THE FITNESS PLAYGROUND SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FITNESS PLAYGROUND SITE OR HEARD ON THE FITNESS PLAYGROUND SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE FITNESS PLAYGROUND SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE FITNESS PLAYGROUND SITE OR AVAILABLE THROUGH ANY FITNESS PLAYGROUND SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE FITNESS PLAYGROUND SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, FITNESS PLAYGROUND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FITNESS PLAYGROUND SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Fitness Playground with the intent of using the Fitness Playground Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; (viii) you are not pregnant, breastfeeding or lactating; and (ix) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Fitness Playground Service.
Fitness Playground reserves the right to refuse or cancel your membership if we determine that you have medical conditions that would put you or others’ health or safety at risk or that the representations set forth above are untrue in any respect.
You acknowledge that the Fitness Playground Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fitness Playground-generated content, and content provided to Fitness Playground by its partners and licensors, is copyrighted individually and/or as a collective work under Australian copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Fitness Playground, Fitness Playground owns all intellectual property rights in such content and in the Fitness Playground Service.
Fitness Playground respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Fitness Playground Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Fitness Playground Intellectual Property Policy for directions on how to report it to us.
These Terms and all matters regarding the interpretation and/or enforcement of these Terms, are governed exclusively by the laws in force in the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Fitness Playground in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitness Playground. Fitness Playground’s rights and remedies hereunder are cumulative and not exclusive.
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Fitness Playground’s prior written consent. Fitness Playground may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Fitness Playground electronically. Fitness Playground may communicate by email or by posting to the Fitness Playground Service. For support-related inquiries, you may email Support [email protected] For all other notices to Fitness Playground, write to the following addresses:
Fitness Playground Surry Hills Pty Ltd
120A Devonshire Street
Surry Hills NSW Australia 2010
Attn: Legal Department
Nothing in these Terms or otherwise limits Fitness Playground’s right to object to subpoenas, claims, or other demands.
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Fitness Playground Site from time to time:
In the event of a conflict between any policies posted on the Fitness Playground Service and these Terms, these Terms will control. These Terms represents the entire understanding between Fitness Playground and you regarding the Fitness Playground Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.