Terms and Conditions
Inflow Active Terms and Conditions
1.1. Application means any current or future version of the Inflow Active Application via which you access the Service.
1.2. Service: means the nutrition, pilates, exercise, fitness, mind health and meditation services provided by Inflow Active through the Application, Website, Private Facebook community, or other mediums as may be available from time to time.
1.3.Inflow Activer: Inflow Pilates and Wellness PTY LTD (ACN 92 625 752 794), being a company registered in Queensland, Australia 2a Wendell Street, Norman Park 4170 (also referred to as we or us in these Terms).
1.4. Your Submissions: means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by you.2. SERVICE ACCESS AND TERMS
2.2. Username and Password: If you choose to create an account, we will provide you with a username and you will be required to select a password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of the Services, which will result in the immediate cancellation of your access to the Services without refund. When purchasing access to any Services, you must take all actions possible to protect your username and password from fraudulent use.
2.3. Acceptance of terms: By accessing any part of the Application, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service or functionality of the Application.
2.4. Revision of terms: We may revise these Terms at any time. You should check the Application regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service.
2.5. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Application, including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees required. You are also responsible for ensuring that all persons who access the Application through your device or account are aware of these Terms and that they comply with them.
2.6. Age Restriction: The Service is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Service if you are not 18 years of age or older unless you have the consent of your parent or guardian.
3. SUBSCRIPTION FEE
3.1. You acknowledge and agree that:
3.1.1. you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
3.1.2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (Due Date);
3.1.3. your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 3; and
3.1.4. the Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
3.2. Your access to the Service is conditional on you paying the Subscription Fee (Subscription). Processing and Payment
3.3. All prices are in Australian Dollars (AUD,unless otherwise shown.
3.4. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
3.5. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
3.6. If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
3.7. All payments made are non-refundable unless otherwise stated in clause 3.10. Cancellation of Subscription
3.8. You may cancel your Subscription by:
3.8.1. providing written notice to the Company by email to: firstname.lastname@example.org (this is for subscriptions through the website only, please note we are not able to cancel your membership if you signed up through the app); or
3.8.2. selecting the ‘unsubscribe’ option through Account Settings on the Keep it Cleaner website. A confirmation email will be sent to you to confirm your membership cancellation.
3.8.3 following the prompts through either your Apple Subscriptions or Google Play store (please note as this is a third party, we’re unable to cancel these subscriptions on your behalf).
3.9. Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.
3.10. Notwithstanding clause 3.7, in the event that you cancel a three or twelve monthly subscription, a pro rata refund may be available for the unused portion of your Subscription. All cases will be considered on a case by case basis. The Company does not warrant that a refund will be given in any circumstances.
3.11. Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Service at the end of your paid subscription period.
3.12. You acknowledge and agree that the Company may terminate your access to the Service in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
4.1. Terms of permitted use: You are permitted to use the Application for your own personal non-commercial use on the following basis:
4.1.1. You must not misuse the Application (including by hacking or engaging in cyber-bullying).
4.1.2. Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the Application and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Application other than in accordance with paragraph 8.1 is prohibited.
4.1.3. You are not allowed to use, disseminate or reproduce any of the materials on the Application for commercial purposes without obtaining a licence from us to do so.
4.2. Limitation on use: Except as stated in paragraph 6.1, the Application may not be used, and no part of the Application may be reproduced or stored in any other Application or included in any public or private electronic retrieval system or service, without our prior written permission.
4.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
5. SERVICE ACCESS
5.1. Application availability: While we try to ensure the Application is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.
5.2. Suspension of access: Access to the Application may be suspended temporarily at any time and without notice.
5.3. Information security: The transmission of information via any application like the Application is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Application; any transmission is at your own risk.
6. LINKS TO AND FROM OTHER APPLICATIONS
6.1. Third party Applications: Links to third party applications or websites through the Services are provided solely for your convenience. If you use these links, you leave the Services. We have not reviewed and do not control any of these third-party applications or websites (and are not responsible for these applications or websites or their content or availability). We do not endorse or make any representation about these applications or websites, their content, or the results from using such applications or websites. If you decide to access any of the third-party applications or websites linked to the Services, you do so entirely at your own risk.
6.2. Linking permission: You may link to the Services, provided that: 6.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation; 6.2.2. you do not establish a link from an application, website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; 6.2.3. any Services from which you link must comply with the content standards set out in these Terms; 6.2.4. we have the right to withdraw linking permission at any time and for any reason.
7. INTELLECTUAL PROPERTY
7.1. The Services, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent.
7.2. You represent and warrant to us that, with regard to Your Submissions:
7.2.1. you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorize Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by us and these Site Terms; and
7.2.2. you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
7.3. You agree that Your Submissions will not:
7.3.1. include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
7.3.2. publish falsehoods or misrepresentations that could damage us or any third party;
7.3.3. include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
7.3.4. post advertisements or solicitations of business.
7.4. We also reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.
7.5. You understand and acknowledge that, when you submit content in any form to the Services, we may authorise such content to be distributed or syndicated to or published on other Inflow Pilates and wellness, Inflow Active owned or operated environments or the web platforms of any of Our affiliates.
7.6. You indemnify us, and will keep us indemnified, against any breach of this Section 6 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
7.7. You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Services infringes your copyright, please contact us at email: email@example.com
7.8. We acknowledge that all personal information provided by you remains your property.
8. DISCLAIMERS – MEDICAL
8.1. The Services include information and instructions relating to nutrition, pilates, exercise, fitness, mind health and meditation, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 7 apply to all such information, instructions, products and services.
8.2. Before participating in any nutrition, pilates or exercise program or using any nutrition or fitness products or services that may be described and/or made accessible in or through the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider. Inflow Active, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
8.3 .Inflow Activer and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
8.4. Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
8.5. You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by Inflow Active and/or in any Services. Inflow Active and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
8.6. We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
8.7. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a pilates, exercise or fitness routine, you must immediately cease the activity and seek the assistance of medical professional.
9. DISCLAIMERS – GENERAL
9.1. Application information: We may make changes to the material on the application or the Service, at any time without notice.
9.2. Viruses and Malware: Inflow Active does not represent or warrant that the Application or any other material accessible from the Application is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
9.3. Exclusion of terms: We provide you with access to the Application and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Application and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Application or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
9.4. We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of Inflow Active. Content created by third parties is the sole responsibility of the third party and Inflow Active does not endorse, warrant or guarantee its accuracy and/or completeness.
10.1. General: Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
10.2. Exclusion of liability: Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Application (including the use, inability to use or the results of use of the Service or the Application) for resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.
10.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Application, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10.4. Indemnity: You agree to indemnify and hold Inflow Active and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Service or Application or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
11. ENDING ACCESS AND REMOVING CONTENT
11.1. We reserve the right to, without notice and for any reason deemed appropriate by us:
11.1.1. terminate your access to the Services;
11.1.2. remove any information or other content from the Services;
11.1.3. prevent access to the Services by you or any other user or group of users; or
11.1.4. intercept, remove or alter any content stored on the Services.
11.2. Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Application or using the Service via the Application, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. ADDITIONAL TERMS
13.1. Sever-ability: If any of these 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.
13.2. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.3. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
13.4. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.5. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
14. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the law of Queensland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Queensland.
Notwithstanding that any provision, or part of a provision, of these Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, those provisions, or part of a provision, are deemed omitted without affecting the legality of the remaining provisions which shall continue in full force and effect.