PTYOU – TERMS AND CONDITIONS
PTME IUGO Pty Ltd trading as PTYOU.com.au ACN 614 557 121 (referred to as PTYOU) provides a social network, booking platform, payment platform and introductory platform between people who require personal training and fitness services and personal trainers who are able to provide personal training and fitness services (collectively, the Services). The Services are available on the PTYOU website at www.ptyou.com.au (Site) and on the PTYOU mobile application PTYOU (App).
These Marketplace Terms and Conditions (Terms) form a binding legal agreement between PTYOU, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User). By accessing or using the Site, the App and Services on any computer, mobile phone, tablet, console or other device (Device), each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully, and please contact PTYOU if there are any questions – contact details are set out at the end of these Terms.
Introductory Service Only
The Site, the App and the Services provide a social network, booking platform, payment platform and introductory platform for health and fitness enthusiasts (Fitness Enthusiasts) and personal trainers (Personal Trainers), through which Fitness Enthusiasts will be able to contact Personal Trainers and request their services (Personal Training Services).
Personal Training Services include the provision of online training sessions by Personal Trainers to Fitness Enthusiasts (Sessions). Sessions vary in length and cover a range of personal training activities.
Each User may create a profile as per information requested on the Site (Profile).
Fitness Enthusiasts can view the Profiles, calendars and schedules of Personal Trainers, and contact Personal Trainers via the App to make arrangements with the Personal Trainers and to provide Fitness Services.
A Personal Trainer must set out all relevant information in their Profile such as the duration and location of a Session, the price of a Personal Training Service and any other terms and conditions applicable to the sale of Personal Training Services.
Fitness Enthusiasts will be able to book and pay for the Personal Training Services, including Sessions through the link to Paypal viathe sSte and App.
When a User books a Personal Training Service (Booking), they accept any terms and conditions set out in the Personal Trainer’s Profile.
Each User understands and agrees that the Site and the App is an online introductory platform only, and that PTYOU’s responsibilities are limited to (i) facilitating the availability of the Site, the App and the Services and (ii) acting as a limited payment collection agent of each Personal Trainer.
PTYOU is not a party to any agreement entered into between a Fitness Enthusiast and a Personal Trainer. PTYOU is not a booking agent, and provides no such related services. PTYOU has no control over the conduct of Fitness Enthusiasts, Personal Trainers and any other users of the Site, the App and the Services. PTYOU disclaims all liability in this regard, as set out in these Terms.
Any arrangement between a Fitness Enthusiast and a Personal Trainer is solely between the Fitness Enthusiast and Personal Trainer. It is strictly and expressly not part of the User’s agreement with PTYOU. PTYOU does not supply any Personal Training Services to Users.
The Sessions, the Personal Training Services, the Site and this App may include features that promote physical activity or nutritional information. It is a Fitness Enthusiast’s responsibility to consider the risks involved in participating in Sessions and Fitness Services and to consult with a medical professional before engaging in Personal Training Services or Sessions.
PTYOU is an online introductory platform, not a medical advice or weight loss service. PTYOU is not responsible or liable for any injuries or medical or health related issues a Fitness Enthusiast may sustain as a result of their use of, or inability to use, the features of this App, including participation in Sessions and/or Personal Training Services. If the Fitness Enthusiast suffers from any injuries or has any medical or health concerns, it is the User’s responsibility to seek medical advice and treatment as soon as possible.
There is no doctor-patient relationship or other professional relationship between PTYOU and a User.
The User’s use of the Site, the App and the Services indicates that the User has had sufficient opportunity to access the Terms and contact PTYOU, that the User has read, accepted and will comply with the Terms, that the User has legal capacity to enter into a contract for sale, and that the User is eighteen (18) years or older or if younger than eighteen (18) years the User has the approval of its parent or guardian. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
Additional Terms and Conditions
These terms supplement and incorporate:
The Apple, Inc. Terms and Conditions including, without limitation, the licenced Application End User License Agreement provided therein; and
The Android, Google Inc. Terms and Conditions including, without limitation, the Licence Agreement and Terms of Application.
These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. PTYOU recommends that each User check the current Terms, before continuing use of the Services. PTYOU’s agents, employees and third parties do not have authority to change the Terms.
Each User may only have one (1) account including a Profile (Account).
Basic information is required when registering for an Account. Each User is required to provide certain information including name, email address, age and financial information (User Information). Each User may also upload a photo to their Account.
Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PTYOU reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to PTYOU, proves to be inaccurate, not current or incomplete.
It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
The User will immediately notify PTYOU of any unauthorised use of its Account.
User Information and Security
User Information is stored securely. If PTYOU is aware of a breach of security, PTYOU will notify affected Users and we will cooperate with authorities regarding the breach.
The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on the Device for purposes of the Services, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
The User agrees to immediately notify us of any unauthorised transactions or breach of security associated with the Services. PTYOU is not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device from unauthorised or fraudulent transactions associated with the Services.
There are no registration or membership fees payable by Users for use of the Site. Fitness Enthusiasts and Personal Trainers are required to Pay PTYOU $0.99 per month for use of the App.
Fitness Enthusiasts acknowledge that the use of the Services may result in charges to them for the Personal Training Services they receive from Personal Trainers, including any applicable insurance and taxes (Personal Trainer Fees).
The Personal Trainer Fees are charged in Australian Dollars unless otherwise specified in the Booking.
Each Fitness Enthusiast is required to pay either upfront or in arrears the applicable Personal Trainer Fees in respect of a Booking via Paypal. PTYOU does not provide the payment service Paypal which is an independent payment services company. Fitness Enthusiasts and Personal Trainers are required to create a separate Paypal account when using the App.
Goods and Services Tax (GST) will be charged where applicable.
In the absence of fraud or mistake, all payments made are final and the Fitness Enthusiast will not have the right to cancel its purchase for any reason and further each Fitness Enthusiast agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
If the Fitness Enthusiast makes a payment by credit card, the Fitness Enthusiast warrants that the information provided to PTYOU is true, accurate and complete, that the User is authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.
Users and User Profiles
Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Services is created from the personal information it provides to PTYOU.
Each User agrees to provide accurate, current and complete information during the registration process, and to update its information to keep it accurate, current and complete.
Each User acknowledges and agrees that it is responsible for its own Profile.
Users can access the Services to communicate with other Personal Trainers and obtain Personal Training Services.
If a Fitness Enthusiast contacts a Personal Trainer and requests Personal Training Services, any agreement entered into is between the Fitness Enthusiast and Personal Trainer. PTYOU is not a party to the agreement.
Each User acknowledges and agrees that while the Services allow Users to communicate with Personal Trainers, Users are not permitted to share the contact information of a Fitness Enthusiast with a Personal Trainer.
Each User represents and warrants that any content that it provides and any Profile that it posts:
will not breach any agreements it has entered into with any third parties;
will (be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Personal Trainer in its local area and country; and
will not conflict with the rights of third parties.
PTYOU assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
PTYOU reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts and/or Profiles that PTYOU, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
Personal Trainers – additional requirements, warranties and obligations
Each Profile created by a Personal Trainer will not become visible to other Users until it has been submitted, reviewed and confirmed by PTYOU.
Each Personal Trainer agrees to provide accurate, current and complete information in their Profile and any dealings with a Fitness Enthusiast. It acknowledges and agrees that any arrangement with a Fitness Enthusiast is its own responsibility.
Each Personal Trainer acknowledges and agrees that PTYOU owns all Intellectual Property rights in any work or material which may be provided by PTYOU to the Personal Trainer. A Personal Trainer agrees that it will not breach PTYOU’s Intellectual Property rights by, including but not limited to:
altering or modifying any of the materials;
creating derivative works from the materials; or
using the materials for commercial purpose (such as onsale to third parties).
Each Personal Trainer represents and warrants that it:
is an accredited personal trainer or has attained an equivalent qualification from a recognised accreditor to provide the Personal Training Services in Australia;
has made its own arrangements to ensure adequate insurance coverage is effective (including, if applicable, professional indemnity insurance and/or public liability insurance) and maintained in relation to the Personal Training Services;
has provided information to PTYOU regarding its accreditation, insurance and other details that is up-to-date, complete and not misleading;
will only offer and perform the Personal Training Services where it is duly qualified and accredited to do so (and, for the avoidance of doubt, will not offer or perform Personal Training Services covering diet where it does not have a recognised qualification in that area);
will not, under any circumstances, provide any medical or weight loss advice to Fitness Enthusiasts;
will not sell any goods or provide any additional services through the Site and the App without PTYOU’s prior written consent;
will be dressed in appropriate training gear to perform the Personal Training Services;
will not in any way hold itself out as acting for or on behalf of PTYOU, whether as agent, contractor, employee of PTYOU or otherwise; and
will act lawfully and will comply with any applicable licences, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Personal Training Services.
Cancellation of Registration
If a User wishes to cancel its registration, it will need to do so via email at the email address listed in these Terms.
Cancellation and Refund Policy
If a Personal Trainer cancels a Booking in respect of Personal Training Services, the Personal Trainer is required to provide the Fitness Enthusiast a credit or full refund of the Personal Trainer Fees.
Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
If the User is a consumer as defined in the ACL, the following notice applies to the User from PTYOU: Our services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the services remedied if they fail to be of acceptable quality and the failure does not amount to a major failure.
Copyright and other Intellectual Property
The Site and App contains material which is owned by or licensed to PTYOU and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site and the App (Collective Content). PTYOU and all material used in connection with the Site and App are unregistered or registered trademarks of PTYOU.
Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to PTYOU (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; Site content, images and layout; and App content, images and layout.
The User agrees that, as between the User and PTYOU, PTYOU owns all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. PTYOU own the copyright which subsists in all creative and literary works displayed in the Site, App and Services. The Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by PTYOU or the owner of the content.
Other trademarks, service marks, graphics and logos used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
PTYOU’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of PTYOU or the applicable trademark holder.
Users of the Site and the App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of PTYOU or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
Subject to these Terms, PTYOU grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without PTYOU’s prior written consent.
The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
Permitted and Prohibited Conduct
The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
use the Services to find a Personal Trainer and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to PTYOU’s provision of the Services;
submit any false or misleading information;
as a Personal Trainer, offer any Personal Training Services that it does not intend to honour or cannot provide;
as a Fitness Enthusiast, make any offers to the Personal Trainer that it does not intend to honour or cannot provide;
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
copy, store or otherwise access any information contained on the Site, App and Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, PTYOU’s name, any PTYOU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PTYOU’s express written consent; or
aid, abet or assist any third party in doing any of the foregoing.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, App, Services and Collective Content, including all associated intellectual property rights is the exclusive property of PTYOU and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Collective Content.
The User must not post, upload, publish, submit or transmit any content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
is fraudulent, false, misleading or deceptive;
denigrates the Site, the App, the Services, a Fitness Enthusiast, or a Personal Trainer;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances.
Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Site, App and Services, the User grants to PT4OU a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site, App and Services. The User agrees that it is solely responsible for all User Content that it makes available through the Site, App and Services. The User represents and warrants that:
they are either the sole and exclusive owner of all User Content that they make available through the Site, App and Services, or that they have all rights, licences, consents and releases that are necessary to grant to PTYOU the rights in such User Content, as contemplated under these Terms; and
neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or PTYOU’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
PTYOU does not guarantee that Personal Trainers and Personal Training Services will be requested by any Fitness Enthusiasts, nor does PTYOU guarantee that Fitness Enthusiasts will be able to find desirable Personal Trainers.
PTYOU does not endorse any Fitness Enthusiasts, Personal Trainers, Profile or Personal Training Services. PTYOU requires Fitness Enthusiasts and Personal Trainers to confirm that they have provided accurate information. PTYOU does not perform any sort of background checks of Fitness Enthusiasts and Personal Trainers, and do not confirm any Fitness Enthusiast’s or Personal Trainer’s identity, Profile or Personal Training Services.
PTYOU cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Personal Trainer or Personal Training Services. Fitness Enthusiasts are responsible for determining the identity and suitability of Personal Trainers that they contact via the Services. Personal Trainers are responsible for determining the health, fitness condition and suitability of Personal Training Services for each Fitness Enthusiast.
PTYOU accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or App. PTYOU does not provide and therefore disclaims any and all liability related to any and all Personal Training Services.
By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Fitness Enthusiasts or Personal Trainers or other third parties will be limited to a claim against the Fitness Enthusiast or Personal Trainer or other third party who caused it harm. PTYOU encourages the User to communicate directly with the relevant Fitness Enthusiast or Personal Trainer on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
To the fullest extent allowable under applicable law, PTYOU disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
For the avoidance of doubt, PTYOU is not responsible for any taxation, visa or immigration matters. PTYOU advises that all Users using the Site, App and Services should seek their own advice in relation to these matters.
Each Fitness Enthusiast and Personal Trainer who uses the Site, App and the Services do so at their own risk.
A User is solely responsible for all of its communications and interactions with other Users. Each User agrees to take reasonable precautions in all communications and interactions with other Users, particularly if they choose to meet in person.
PTYOU excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
PTYOU expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
PTYOU does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
PTYOU takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Fitness Enthusiasts, the Personal Trainer and Personal Training Services being unavailable, failing to meet the Profile description, failing to meet the User’s needs, or of being less than merchantable quality; and
PTYOU will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, Content, inability to access or use the Site, the App, the Services, the Profile, the Personal Training Services, or the Terms, even if PTYOU was expressly advised of the likelihood of such loss or damage.
The User Agrees not to attempt to impose liability on, or seek any legal remedy from PTYOU with respect to such actions or omissions.
Limitation of Liability
PTYOU’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to PTYOU in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between PTYOU and the User, but are subject to the User’s rights under the ACL referred to in clause 14.
This limitation of liability reflects the allocation of risk between the parties. The limitations of liability provided in these terms inure to the benefit of PTYOU.
Each User agrees to defend and indemnify and hold PTYOU (and PTYOU’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to their use of or access to the Services; any breach by them of these Terms; any wilful, unlawful or negligent act or omission by them; and any violation by them of any applicable laws or the rights of any third party.
PTYOU reserves the right to assume the exclusive defence and control of any matter otherwise subject to the above indemnity, in which event the User will cooperate in asserting any available defences.
This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services.
Service Level: PTYOU will strive towards maintaining a 99.5% uptime, not including scheduled maintenance.
Accuracy: While PTYOU will endeavour to keep the information up to date and correct, PTYOU makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and PTYOU expressly excludes any liability for such to the fullest extent permissible by law.
Termination: PTYOU reserves the right to refuse supply of the Services terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User. If PTYOU decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future Booking (in respect of a Personal Trainer or Fitness Enthusiast) will immediately be terminated; (c) PTYOU may communicate to the relevant Personal Trainer or Fitness Enthusiast that the Booking has been cancelled; (d) PTYOU may refund the Fitness Enthusiast in full, regardless of the cancellation and refund policy; (e) PTYOU may contact Fitness Enthusiasts to inform them of potential alternative Personal Training Services available from different Personal Trainers on the Site, App and Services; and (f) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account.
Force Majeure: PTYOU will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by PTYOU of any of the Terms will be effective unless PTYOU expressly states that it is a waiver and PTYOU communicates it to the User in writing.
Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without PTYOU’s prior written consent. PTYOU may assign its rights and obligations under the Terms without obtaining the User’s consent, provided that the User’s rights are not detrimentally affected by the assignment.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site and App may be accessed throughout Australia and overseas. PTYOU makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between PTYOU and each User, and supersede any prior agreement, understanding or arrangement between PTYOU and each User, whether oral or in writing.
For questions and notices, please contact:
PTYOU Pty Ltd.
2/106 Union Rd
Ascot Vale, Vic 3031
Last update: 30December 2017