These Terms & Conditions cover important information about the PTP App, Program, the Services and the Subscription including fees.
Your Subscription is governed by these Terms & Conditions.
For the purposes of these terms and conditions the following definitions apply:
1. App means the PTP App owned and operated by us allowing access to the Program via remote devices e.g., mobile phones and tablets;
2. Licence means the licence granted by us to you governing your use of the App and the Services in accordance with these terms and conditions;
3. Our, ourselves, us, we, refer to Fitness Systems United Pty Ltd ACN 143 490 500 trading as “PTP” (“PTP”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
4. Program means the PTP program offered to you via the App;
5. Products means PTP products offered for sale from time to time via the App.
6. Subscription means your subscription with PTP entitling you to use of the App, the Services and the Program;
7. Terms and Conditions means these terms and conditions as amended from time to time;
8. Website means collectively the website ptpfit.com.au.
9. You or yours refers to you, the person accessing the App and agreeing to the terms and conditions of your use of the App and its contents.
Note in these Terms and Conditions, the single includes the plural, and the plural includes the singular.
10. You are hereby granted for the period of the Subscription as applicable under clause 21 of these Terms and Conditions non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the App and the services offered on the App (“Services”).
11. This Licence shall continue until terminated in accordance with this Agreement.
12. These Terms and Conditions govern your right to use the App and your access to and use of the Program and/or any Products or Services acquired in relation to the Program and/or any links provided on the App to other websites.
13. In downloading any content from the App to your computer or remote devices, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the App is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and to our legal rights in respect of the App and the Program.
14. You agree that if you download any content from the App you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Apps in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
15. You agree that in downloading any service or product from the App, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the App and/or make it available over a network where it could be used by multiple devices at the same time.
16. You agree that your use of the App will comply with all applicable Australian laws including without limitation, those governing competition, advertising and marketing, consumer protection , privacy, obscenity, spamming, stalking, intellectual property rights, injurious falsehood and/or defamation and so far as State laws are concerned you agree to be bound by the laws for News South Wales, Australia regardless of the location of the State in Australia in which the Services are being delivered or the location of the State in Australia where the App is downloaded.
17. You agree that in using the App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
18. You agree that we may, and reserve the right to, remove any comments made by you about the App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to PTP.
19. The content on the App, including without limitation, the text, software, code, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under Australian law. You agree not to infringe upon these rights.
20. In accessing, subscribing, registering or using the App, the Program and/or the Services and products, information, text and images offered or provided on the App, you are deemed to have read and personally agreed to these Terms and Conditions.
21. We may offer various subscription terms from time to time including one (1), three (3) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions.
22. We may offer promotional offers and special discounts from time to time which must be read in conjunction with these Terms and Conditions.
23. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the App or subscribing for access to the Program or any of the App services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
24. Without limitation, the App is available only to individuals with whom only legally binding contracts can be formed under Australian law.
25. We may refuse to deal with you at our sole discretion, including the suspension or termination of your Subscription, if we are of the opinion that you may or will bring our reputation, those individuals who represent us in the marketplace and our other users, into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the App or to the contents and components of the App or are in any way in breach of these Terms and Conditions.
26. You agree to provide accurate and current personal information about yourself for the purposes of your Subscription and for the Program and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
27. Access to any information provided through PTP subscription is for your sole use personal and non-commercial use only.
28. We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain Personal information which will be used by such third parties to perform their function (s) and warrant such access shall be compliant with the Privacy Act 1988 (Cth).
29. When subscribing to the App you will be asked to either check a box identifying which PTP retail partner you purchased your product from, or to add a promo code you may have received. By doing so you consent to us providing your personal information to the retailer you purchased our product(s) from (“Retailer”). This is so the Retailer can provide promotional offers to you and to enable us to identify which Retailer you purchased the product(s) from so that we can pay a proportion of your Subscription to that Retailer.
30. The App may also contain links to websites operated by third parties. Such links are provided for convenience only and PTP has no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
31. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on and at least 24 hours prior to the end of the Subscription term. You must cancel your subscription via Apple Subscriptions or the Google Play Store.
32. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the App and archive any information about you, or your account, stored in our database as well as cease the provision of further information to you. Your Personal information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.
33. We can terminate your Licence and at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the App. We are at liberty to take any other action necessary to enforce these Terms and Conditions.
34. In purchasing any product or Service from the App ("the Purchase") you agree to: (a) pay using a valid credit card (or other form of payment as we may allow); (b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information (which include Personal Information subject to the Privacy Act 1999 (Cth) as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the App, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs").
35. All costs are in AUD Dollars unless otherwise indicated.
36. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
37. You will receive access to the Program and Services upon payment from you.
38. We provide no estimate as to time of delivery of the Program Services and or the Products and you agree that time is not of the essence with respect to delivery.
39. Where we provide access to the Program and Services, and you claim that you have not received such access, then you must contact us via info@ptpfit.com within 7 days of the date by which you subscribed to the App for us to investigate your claim.
40. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the Products and Services offered by the App, and as we make no representations to you in respect of your use of the Program and/or the Products or Services offered by the App, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the Products or Services offered by the App.
41.We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
42. You acknowledge that your participation in the recreational services and activities provided in the Program and or using the Products may involve risks, including personal injury and death. Prior to participating in the recreational services and activities and or using the Products, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the App and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. You expressly acknowledge that your use of the App and its products and/or services is at your sole risk.
43. You agree that neither we, nor any of our affiliates, Retailers, service providers and/or suppliers, warrant or make any representation about the contents, Products, Services or offers referred to in the App, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the App, the Program or its Products and Services, is at your sole risk.
44. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy and these terms and conditions. To the extent there is any inconsistency in these Terms and Conditions and the Privacy Policy these terms will prevail. You can find a copy of our privacy policy at www.ptpfit.com. If you are a Subscriber located in a country to which the General Data Protection Regulations apply then you can find a copy of our privacy policy at www.ptpfit.co.uk
45. When subscribing to the App you will be asked to identify which PTP retail partner you may have purchased your product from, or to add a promo code you may have received. By doing so you consent to us providing your Personal Information to the retailer you purchased our product(s) from the Retailer. This is so the Retailer can provide promotional offers to you and to enable us to identify which Retailer you purchased the product(s) from so that we may pay a proportion of your Subscription to that Retailer as the Retailer’s commission.
46. We do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance. You should seek appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs before embarking on any use of the App, the Program and/or its Products or Services.
47. You are solely responsible for assessing your own health and whether you should use the App and/or participate in the Program.
48. Persons with pre-existing medical conditions or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Program or using any of the Services or Products.
49. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the App.
50. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information in the App or Program - particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
51. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
52. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of an existing injury); and (3) the contracting of a disease or coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(a) that is or may be harmful or disadvantageous to you or the community; or
(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
53. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the App, as we see fit.
54. We will give you notice of any changes, to these Terms and Conditions for instance by:
(a) publishing them on our Website or
(b) writing to the address (post or email) you last gave us;
(c) notifying you via the App.
The most up-to-date terms and conditions always apply.
55. You agree that we may transfer, assign, license or deal with our interest in the App copyright or any other published material to any affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 54.
56. These Terms and Conditions are governed by the laws of New South Wales; Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
57. You agree to indemnify us to the full extent needed from any and all third-party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the App, the Services, Products and or Programs and/or from your breach of any of these Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
58. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations in relation to the App.
59. You agree to indemnify us for any claims, losses, liabilities, costs or expenses incurred by us you may cause or contribute to.
60. These Terms and Conditions form the entire agreement between us and you in relation to the App, Services and Program and your use of them
61. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
62. All information provided by us on the App is provided in good faith. To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete. We make no guarantees of any specific result from use of this App or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available in the App or Program.
If you download and use PTP Fit application from Apple App Store or Google Play Store, you also agree to be bound by the terms and conditions of the respective app stores. For more information on the terms and conditions of the Apple App Store, please see Attachment 1 and visit https://www.apple.com/legal/privacy/en-ww/. For more information on the terms and conditions of the Google Play Store, please visit https://play.google.com/about/play-terms/index.html and https://policies.google.com/privacy?hl=en. If you make any in-app purchases, you also agree to be bound by the terms and conditions of the respective app stores' in-app purchase policies. For more information on Apple's in-app purchase policy, please visit https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://www.apple.com/legal/privacy/en-ww/. For more information on Google's in-app purchase policy, please visit https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=uk and https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice.
The PTP Fit mobile application must comply with the requirements of the app stores from which it is made available for download, including but not limited to the Apple App Store and Google Play Store.
These requirements may include, but are not limited to, content and functionality restrictions, security and privacy requirements, and payment processing requirements. We will make reasonable efforts to comply with these requirements, but we cannot guarantee that the PTP Fit mobile application will always comply with all such requirements. We reserve the right to modify, update or discontinue the PTP Fit mobile application to ensure compliance with these requirements.
The Terms of Use are concluded between you and PTP Fit, and not with Apple. The PTP Fit App and its contents are the responsibility of us, our licensors and users of the PTP Fit App (to the extent that such users create, submit or distribute any content via the PTP Fit App) and not Apple.
The licence to use the PTP Fit App granted under these Terms of Use is a non-transferable license for you to use the PTP Fit App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the PTP Fit App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PTP Fit App. We do not offer maintenance or support services in connection with the PTP Fit App.
Apple will have no warranty obligation whatsoever with respect to the PTP Fit App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the PTP Fit App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.
We, not Apple, are responsible for addressing any claims by you or any third party relating to the PTP Fit App or your possession and/or use of the PTP Fit App, including, but not limited to: (i) product liability claims; (ii) any claim that the PTP Fit App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the PTP Fit App or your possession or use of the PTP Fit App infringes that third party’s intellectual property rights, PTP Fit and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with the third party terms referenced in these Terms of Use that are applicable to the use of the PTP Fit App from time to time.
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
PTP Fit offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.