Terms & Conditions
FitUp360 does not guarantee that access to the FitUp360 Website will be uninterrupted or that the FitUp360 Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the FitUp360 Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the FitUp360 Website may be restricted from access by you and FitUp360 may further restrict your access to any areas of the FitUp360 Website, at any time, in its sole and absolute discretion.
LIMITATION OF LIABILITY
The FitUp360 Website is provided “as is,” and FitUp360 makes no express or implied representations or warranties, of any kind related to the FitUp360 Website or its content. FitUp360 does not warrant the accuracy, reliability, adequacy or completeness of any of the FitUp360 Website content. You acknowledge and accept that the FitUp360 Website content may include faults, inaccuracies and errors.
Nothing contained on the FitUp360 Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the FitUp360 Website you wish to rely upon.
To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), FitUp360 excludes all liability for, and neither FitUp360 nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:
your use of, or reliance on, the FitUp360 Website or its content; or
the performance or failure of the FitUp360 Website.
in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
The content on the FitUp360 Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of FitUp360 or have been made available for use by FitUp360 and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:
copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,
without the express prior written consent of FitUp360. Alternatively, you should direct the third party to the FitUp360 Website and the relevant Content on the FitUp360 Website.
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the FitUp360 Website (Your Content) will be deemed to be non-confidential and non-proprietary. FitUp360 will be entitled to use any of Your Content for any purpose without compensation to you.
Your Content must be your own and must not infringe any third party’s rights. You grant FitUp360 a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the FitUp360 Website.
THIRD PARTY WEBSITES
The FitUp360 Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, FitUp360 does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. FitUp360 does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
LINKS TO FitUp360 WEBSITE
If you wish to establish a link to this website, you must first seek approval from FitUp360. You must not establish a link to the FitUp360 website without FitUp360’s express written approval.
If FitUp360 agrees to your proposed link, you must comply with any terms and conditions imposed by FitUp360 as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact FitUp360 and provide a new description of your website and seek FitUp360’s written approval to retain the link to the FitUp360 Website.
FitUp360 may at any time withdraw its approval to your link by notifying you in writing. If FitUp360 notifies you that its approval has been withdrawn you must immediately remove the link to the FitUp360 Website.
INTERFERENCE WITH WEBSITE
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the FitUp360 Website or any of its Content or Brands.
You must not:
use the FitUp360 Website in any way that is, or may be, damaging to the FitUp360 Website or to FitUp360 or in a way that causes, or may cause, harm to FitUp360, the FitUp360 Website or to any person or entity;
use the FitUp360 Website in any way that impacts with user access to the FitUp360 Website;
use the FitUp360 Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the FitUp360 Website or its Content or while using the FitUp360 Website or its Content; or
use the FitUp360 Website to engage in any advertising or marketing.
VARIATION OF TERMS