Terms and conditions
Disclaimer and Legal Notices – PLEASE READ
Access to and use of this site is provided by Community Fitness Australia Pty Ltd (also referred to as “us”, “we” or “our”). Your access and use of this site is provided on the following conditions and according to any other directions or rules of use on this site (“Terms”). If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information on this site. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those of which you have not made yourself aware).
1. DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY
Use of this site is at your risk. None of us, our affiliates or any of their respective employees, agents, third party content providers or licensors:
- makes any express or implied representation or warranty about, or
- shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with,
- this site, its use, its content or any policies referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
Continued site availability and access
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
All responsibility or liability for any damage caused by viruses contained within an electronic file located on or distributed via this site is disclaimed.
Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to the re-supply of the information or services supplied or offered by us or payment of the cost of doing this.
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:
- your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
- any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
2. COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
International copyright protection
The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.
Personal, non-commercial use
You are authorised to:
- download and view content; and
- use the software included in this site in doing this,
for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes.
Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose. This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
We can use your feedback
When you send us any feedback, suggestions, thoughts or opinions about this site, our business or the Facility, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
3. TRADE MARK NOTICES
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Notice of marks
The logos and associated words and devices on this site are our trade marks. Each of our trade marks is protected in Australia and may be the subject of rights in other countries.
4. USER CONDUCT AND INDEMNITY
Lawful use only
You must use this site only for lawful purposes.
We collect no personal information about you when you visit our website unless you choose to provide this information to us. However, we collect and store certain information automatically.
Here is how we handle information about your visit to our website.
What We Collect and Store Automatically:
If you do nothing during your visit but browse through the website, read pages, or download information, we will gather and store certain information about your visit automatically.
This information does not identify you personally. We automatically collect and store only the following information about your visit:
- The Internet domain (for example, “xcompany.com” if you use a private Internet access account, or “yourschool.edu” if you connect from a university’s domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our website.
- The type of browser and operating system used to access our site.
- The date and time you access our site.
- The pages you visit.
- If you linked to our website from another website, the address of that website.
We use the information we collect to count the number and type of visitors to the different pages on our site, and to help us make our site more useful to visitors like you.
If you send us e-mail you may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request.
Except for authorized law enforcement investigations, we do not share our e-mail with any other outside organizations.
Links to Other Sites
6. GENERAL PROVISIONS
Australian law applies
This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You are of legal age
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.
No offers where illegality arises
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
These Terms have been prepared in the English language and must be construed accordingly.
These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, and the subject matter of these Terms. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms, these Terms shall take precedence.