Terms of Use

Terms of Use

The Meetyourpersonaltrainer.com.au website is operated by Meet Your Pty Ltd   (ABN 16 128 349 208). The meetyourpersonaltrainer.com.au website will   be collectively referred to meetyourpersonaltrainer.com.au in these   terms. Your access to and use of meetyourpersonaltrainer.com.au is   subject to these terms, meetyourpersonaltrainer.com.au Privacy Statement   and the meetyourpersonaltrainer.com.au ("Terms of Use"), whether or not   you become a client of meetyourpersonaltrainer.com.au. Prior to using   meetyourpersonaltrainer.com.au, you should read and understand the Terms   of Use. Unless expressly stated otherwise in these terms,   Meetyourpersonaltrainer.com.au is for residents of Australia & New   Zealand only. 

This Site

Meetyourpersonaltrainer.com.au is a social video directory website where you can list your business   details on your own profile page where potential customers will be able   to view your video profile and contact you directly for your services. 

Meetyourpersonaltrainer.com.au will bill your chosen credit card or direct debit bank account on a   monthly basis for this service, for a minimum period of 12 months. After   the initial 12 months, members will be debited monthly unless an email   is received 14 days before the next billing cycle requesting the   membership to be terminated. 

There is a 30 day cooling off period where regular members can cancel the   initial 12 month membership.  To cancel the initial 12 month membership,   new members must email [email protected] within the first 30 days of joining Meetyourpersonaltrainer.com.au and request the initial 12 month membership be cancelled. 

1. What you must do

1.1 You must use meetyourpersonaltrainer.com.au in accordance with the Terms of Use.

2. What you must not do

2.1 You must not: 

1. use   meetyourpersonaltrainer.com.au for any activities, or post or transmit   to or via meetyourpersonaltrainer.com.au any information or materials,   which breach any laws or regulations, infringe a third party's rights or   privacy, or are contrary to any relevant standards or codes;  
      
2. use   meetyourpersonaltrainer.com.au in a way, or post to or transmit to or   via meetyourpersonaltrainer.com.au any material, which interferes with   other users or defames, harasses, threatens, menaces or offends any   person or which inhibits any other user from using or enjoying   meetyourpersonaltrainer.com.au;  
      
3. use meetyourpersonaltrainer.com.au to send unsolicited commercial or bulk electronic mail messages to anyone;  
     
4. make any fraudulent or speculative enquiries, bookings, reservations or requests using meetyourpersonaltrainer.com.au; 
      
5. provide false information when registering or changing your meetyourpersonaltrainer.com.au registration details; 
      
6. impersonate another person when using meetyourpersonaltrainer.com.au; 
      
7. post   to or transmit to or via meetyourpersonaltrainer.com.au any obscene,   indecent, inflammatory or pornographic material or material that could   give rise to civil or criminal proceedings; 
      
8. tamper with, hinder the operation of or make unauthorised modifications to meetyourpersonaltrainer.com.au; 
      
9. upload copy righted videos, music, audios, photos or text;
      
10. upload any videos, music, audios, photos or text that you do not have permission to use or that does not belong to you;
       
11. knowingly transmit any virus or other disabling feature to or via meetyourpersonaltrainer.com.au; and 
       
12. Attempt any of the above acts or permit another person to do any of the above acts. 

3. Third Party Content & Linked Sites

3.1 Some of the products and services offered and the   information provided via meetyourpersonaltrainer.com.au are the   products, services and information of third parties.

3.2 Some third party products, services and information are not provided   or endorsed by us. Where it is apparent that products, services and   information are not provided by us, your legal relationship in respect   of those products, services and that information is with the third party   supplier.

3.3 We have made every effort to check the accuracy or completeness of   the information or the suitability or quality of the products and   services of the third parties. You must make your own enquiries with the   relevant third party supplier direct before relying on the third party   information or entering into a transaction in relation to the third   party products and services supplied via meetyourpersonaltrainer.com.au.   You should check with the third party supplier whether there are   additional charges and terms which may apply.

 3.4 We may receive fees and/or commissions from third parties for goods   and services of such third parties displayed or made available on   meetyourpersonaltrainer.com.au or accessible through a hyperlink, phone   or email by meetyourpersonaltrainer.com.au. You acknowledge and consent   to us receiving the fees.

4. Prices and products and services are subject to change 

 4.1 All prices displayed and products and services offered for supply on   or via meetyourpersonaltrainer.com.au are subject to change without   notice. You should check the price of a product or service before   placing an order for it. 

 5. Online Services 

 5.1 We will take reasonable steps to prevent you from receiving an Email   message that we identify as containing a virus that we know about. We   do not, however, guarantee that you will not receive an Email message   with a virus. We recommend that you use up-to-date anti-virus software   on the computer that you use to access buyer alerts.

  5.4 We will take reasonable steps to prevent you from receiving an Email   message that we identify as an unsolicited commercial or bulk mail   message (commonly called "Spam"). We do not, however, guarantee that you   will not receive an unsolicited commercial or bulk Email message.

  5.5 You are responsible for all equipment and software used to access   the site, and for the consequences of any filtering or other application   you choose to apply to the meetyourpersonaltrainer.com.au service.

6. Security

6.1.   In addition to the types of loss set out in clauses 9.3 and 9.4 for   which we are not responsible, we are not responsible for any information   you may lose if the meetyourpersonaltrainer.com.au servers terminate   your browser session due to prolonged periods of inactivity between your   browser and the meetyourpersonaltrainer.com.au servers.

6.2 You must comply with all directions issued by   meetyourpersonaltrainer.com.au relating to access to   meetyourpersonaltrainer.com.au. Meetyourpersonaltrainer.com.au is not   responsible for providing the computer, hardware, software or any other   equipment necessary to access the Internet. If you choose to use a   workplace email address to access meetyourpersonaltrainer.com.au, you   are responsible for ensuring that such use complies with any rules,   policies or protocols which apply to the use of the Internet in your   workplace.

6.3 Meetyourpersonaltrainer.com.au is entitled to rely on your accuracy   of information provided as proof of your identity and authority for the   purposes of meetyourpersonaltrainer.com.au (including, for example, for   the purpose of making payments to meetyourpersonaltrainer.com.au using   your credit card details, and for the purpose of nominating or email   addresses to which meetyourpersonaltrainer.com.au may send billing and   payment information relating to your meetyourpersonaltrainer.com.au   accounts).

6.4   We will take reasonable steps to secure meetyourpersonaltrainer.com.au   and the systems in our control that are used to access   meetyourpersonaltrainer.com.au. However, the Internet is sometimes   unreliable and is a difficult medium to secure.   Meetyourpersonaltrainer.com.au does not guarantee the security of   meetyourpersonaltrainer.com.au or the systems (including the Internet   and your hardware and software) used to access   meetyourpersonaltrainer.com.au, or any information that passes through   such systems. 

7 Privacy 

7.1 Meetyourpersonaltrainer.com.au may use and provide personal   information about you that is collected by   meetyourpersonaltrainer.com.au on meetyourpersonaltrainer.com.au. The   collection and provision of this information is subject to privacy laws.   Meetyourpersonaltrainer.com.au will comply with the   meetyourpersonaltrainer.com.au Privacy Statement in dealing with any   personal information provided by you via meetyourpersonaltrainer.com.au.

 7.2 We offer you the ability to access personal information under the   Terms of Use, on the strict condition that you only do so for the sole   purpose of accessing your own personal information or accessing personal   information of the Authorising Person, as authorised by the Authorising   Person.

7.3 To avoid doubt:

1. By   requesting via meetyourpersonaltrainer.com.au that   meetyourpersonaltrainer.com.au send billing and payment information to a   person's email address or phone number, you authorise   meetyourpersonaltrainer.com.au to disclose to that person your personal   information, in each case including information related to your   meetyourpersonaltrainer.com.au billings and payments.  

8. Bill Payment Requests

8.1 If you request via   meetyourpersonaltrainer.com.au that meetyourpersonaltrainer.com.au send   billing and payment information to a person's email address; you   nominate that person as your agent for the purpose of receiving   meetyourpersonaltrainer.com.au billing and payment information.

9. Our liability to you

9.1 Given the nature of the Internet, we cannot guarantee that   meetyourpersonaltrainer.com.au will always be available or fault or   virus free.

9.2 Subject to clauses 9.3 to 9.6, we accept our liability to you for   breach of contract or negligence under principles applied by the courts.

9.3We are not responsible for:

1. loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
      
2. loss of data or loss of profits or revenue; and 
      
3. any loss to the extent that it is caused by you, for example, through your negligence or breach of contract. 

9.4   We do not accept liability for losses that result from the use of our   online services in connection with the conduct of a business. However,   we will accept that liability if it cannot be excluded under   legislation. 

9.5 You must take reasonable steps to minimise the extent of the loss   you may suffer as a result of meetyourpersonaltrainer.com.au. For   example, you should take reasonable steps to ensure that you will not   suffer loss if any of our online services is not always available by,   for example, maintaining an alternative email service.

9.6 You must notify us in writing of your loss as soon as is reasonably possible. 

10 Your liability to us

10.1 Subject to clause 10.2, you are liable to us for breach of contract   or negligence under the principles applied by the courts.

  10.2 You are not liable for any loss to the extent that it is caused by   us, for example, through our negligence or breach of contract. 

11. Change of the Terms of Use

11.1 We may change the Terms of Use by obtaining your consent or giving   notice to you in accordance with this clause 11 and clause 13.2. The   period of notice we will give you depends on the type of change.

11.2 If the change will benefit you, we can make the change immediately   and we are not required to notify you prior to the change.

11.3 If the change has a detrimental impact on you but is: 

1. required by law; 
      
2. necessary for security reasons; 
      
3. to prevent fraud; or 
      
4. for   technical or infrastructure reasons, we will try to give you 3 days   prior notice of the change. Sometimes, due to the nature of the change,   we may not be able to give you 3 days prior notice but we will give you   as much notice as we reasonably can. Notice may be provided to you in   the manner set out in clause 13.2. 

11.4   If we reasonably consider that the change will have a significant   detrimental impact on the majority of our customers using   meetyourpersonaltrainer.com.au or on a specific class of customers who   use meetyourpersonaltrainer.com.au in a particular way (and you are one   of this class), and the change is not of a type described under clause   11.3, we will give you at least 30 days' prior notice of the change.

 11.5 If the change is not of a type described in clause 11.2, 11.3 or   11.4, we will give you at least 10 days' prior notice of the change. 

 11.6 If we change the Terms of Use under this clause 11, you may choose   to stop using meetyourpersonaltrainer.com.au. Any use of   meetyourpersonaltrainer.com.au after a change of the Terms of Use takes   effect will be governed by the varied Terms of Use. 

11.7 We do not have to notify you if we make changes to the meetyourpersonaltrainer.com.au website.

12.1 You may stop using meetyourpersonaltrainer.com.au at any time, for any reason. 

12.2 We may stop making meetyourpersonaltrainer.com.au, or a part of   meetyourpersonaltrainer.com.au, available with 30 days' prior notice.   Notice may be given in the manner set out in clause 13.2. 

 12.3 We may immediately suspend, terminate or limit your access to meetyourpersonaltrainer.com.au if: 

1. you   are in breach of the Terms of Use and (i) the breach is something which   cannot be remedied, or (ii) you fail to remedy the breach within 30   days' of our written notice to you of that breach;    
       
2. we   believe on reasonable grounds that there is a real risk of serious loss   or damage to us or another if we do not suspend, terminate or limit   your access to relocating.com.au;
      
3. the law requires us to do so;
      
4. we   believe on reasonable grounds that providing access to   meetyourpersonaltrainer.com.au to you is illegal or may become illegal;
      
5. the   Australian Competition and Consumer Commission issues a competition   notice relating to relocating.com.au or we believe on reasonable grounds   that it will do so; or
      
6. there is an emergency.

12.4   If you enter a contract for the supply of goods and/or services via   meetyourpersonaltrainer.com.au, that contract will not be affected if   meetyourpersonaltrainer.com.au stops making   meetyourpersonaltrainer.com.au or part of meetyourpersonaltrainer.com.au   available to you, unless the goods and/or services are supplied via   meetyourpersonaltrainer.com.au. 

13. Communication with you 

13.1 As part of some meetyourpersonaltrainer.com.au services available   via meetyourpersonaltrainer.com.au, we may communicate with you via   email, or an SMS, or both, to an email address or a mobile phone number   nominated by you. When we do this (except as set out in clause 13.2),   the following will apply: 

1. you   are responsible for ensuring that your contact details for the online   service/s are current, your email service or mobile phone account is   operational and that you check your emails or mobile phone regularly for   messages; and
      
2. You   must notify meetyourpersonaltrainer.com.au as soon as possible of any   changes to your contact details for the online service/s using the   online method provided by meetyourpersonaltrainer.com.au.

13.2 Despite clause 13.1, for the purposes of clauses 11 and 12.2, we will give you notice by: 

1. Posting the content of the notice to meetyourpersonaltrainer.com.au site.
      

13.3   From time to time, in addition to giving you notice in the way required   of us by clause 13.1 or 13.2, we may choose to also give you notice by   another method. If we give you such additional notice, you should not   presume that we will do this every time. 

14 Use of your information and material

14.1 When you send us any feedback, suggestions, ideas or other   materials in relation to or via meetyourpersonaltrainer.com.au, you   agree that we can use, reproduce, publish, modify, adapt and transmit   them to others free of charge and without restriction, subject to our   obligations in our Privacy Statement.

14.2 You   shall be solely responsible for your own User Submissions and the   consequences of posting or publishing them. In connection with User   Submissions, you affirm, represent, and/or warrant that: you own or have   the necessary licenses, rights, consents, and permissions to use and   authorise meetyourpersonaltrainer.com.au to use all patent, trademark,   trade secret, copyright or other proprietary rights in and to any and   all User Submissions to enable inclusion and use of the User Submissions   in the manner contemplated by the Website and these Terms of Service. 

14.3   For clarity, you retain all of your ownership rights in your User   Submissions. However, by submitting User Submissions to   meetyourpersonaltrainer.com.au you hereby grant   meetyourpersonaltrainer.com.au a worldwide, non-exclusive, royalty-free,   sublicenseable and transferable license to use, reproduce, distribute,   prepare derivative works of, display, and perform the User Submissions   in connection with the meetyourpersonaltrainer.com.au Website and Meet   Your Pty. Ltd.'s (and its successors' and affiliates') business,   including without limitation for promoting and redistributing part or   all of the Meet Your Pty. The meetyourpersonaltrainer.com.au Website   (and derivative works thereof) in any media formats and through any   media channels. You also hereby grant each user of the Meet Your Pty.   Ltd. Websites a non-exclusive license to access your User Submissions   through the Website, and to use, reproduce, distribute, display and   perform such User Submissions as permitted through the functionality of   the Website and under these Terms of Service. The above licenses granted   by you in User Videos terminate within a commercially reasonable time   after you remove or delete your User Videos from t   meetyourpersonaltrainer.com.au Service. You understand and agree,   however, that meetyourpersonaltrainer.com.au may retain, but not   display, distribute, or perform, server copies of User Submissions that   have been removed or deleted. The above licenses granted by you in User   Comments are perpetual and irrevocable. 

 15 Goods and Services Tax 

15.1 If GST is imposed on any supply made by us through   meetyourpersonaltrainer.com.au, you must pay to us, in addition to any   consideration payable or to be provided by you for this supply, an   additional amount for the supply calculated by multiplying the   prevailing GST rate by the consideration for the relevant supply payable   or to be provided (without any deduction or set off) by you under any   other clause in the Terms of Use. Any amount payable by you is payable   on demand by us, whether such demand is made by an invoice or otherwise.

16. General Matters

16.1 This agreement is governed by the law in force in the State of New   South Wales, Australia, and the parties irrevocably submit to the   non-exclusive jurisdiction of the courts of New South Wales, Australia   and courts of appeal from them for determining any dispute concerning   this agreement.

16.2 If any of the Terms of Use are invalid or unenforceable, it will be   struck out and the remaining terms will remain in force. 

16.3 If we do not act in relation to a breach by you of the Terms of   Use, this does not waive our right to act with respect to subsequent or   similar breaches. If you do not act in relation to a breach by us of the   Terms of Use, this does not waive your right to act with respect to   subsequent or similar breaches. 

16.4 You may not assign or transfer your rights or benefits under the   Terms of Use to any other person or entity without our prior consent,   which we will not unreasonably withhold. 

17. Specific disclaimers 

 17.1 Meetyourpersonaltrainer.com.au text, photos, graphics, audio and   video works are only for the Permitted Use and must not, directly, or   indirectly, be published, rewritten for broadcast, communication or   publication or redistributed in any medium. Such   meetyourpersonaltrainer.com.au materials and works must not be stored in   any electronic or other system except for the Permitted Use. Neither   the User nor any other person may hold relocating.com.au liable for any   delays, inaccuracies, errors or omissions in respect of such materials   and works, the transmission or delivery of such materials and works or   any loss or damage arising from any of the foregoing. 

17.2 Meetyourpersonaltrainer.com.au this is the   "meetyourpersonaltrainer.com.au " service with content provided by   meetyourpersonaltrainer.com.au. Meetyourpersonaltrainer.com.au reserves   all rights, including copyright, in services provided by it. The   information, text and images in the service are for personal use only   and may not be re-written, copied, re-sold or re-distributed, framed,   linked or otherwise used whether for compensation of any kind or not,   without the prior written permission of meetyourpersonaltrainer.com.au.   This service is published for information only without assuming a duty   of care. Meetyourpersonaltrainer.com.au is not in the business of   providing professional advice, and gives no warranty, guarantee or other   representation about the accuracy of the information or images   contained in this service. Meetyourpersonaltrainer.com.au is not liable   for errors, omissions in, delays or interruptions to or cessation of the   services through negligence or otherwise. All rights reserved.