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Terms & Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of SwipePT Mobile App (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, SwipePT Pty Ltd ABN 86 676 845 980, (“the Company, we or us”).

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users;
  • Part B (Trainers), which sets out additional terms that apply to Trainers, being Personal Trainers and Fitness Professionals; and
  • Part C (Customers), which sets out additional terms that apply to Customers, being users of the Platform.

If you intend to use the Platform as a Trainer, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile application available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A (All Users)

1. ELIGIBILITY

  • This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
    • over the age of 18 years and accessing the Platform for personal use; or
    • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
  • Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
  • If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

  • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
  • You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
  • Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
    • in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    • in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
  • not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
  • that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by the Company or another User including a Trainer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, photos, comments, discussion, materials or other content on the Platform (Posted Material), you represent and warrant that:

  • you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  • you have consent from any other individuals who are filmed, recorded, photographed or in any other way utilised in your Posted Material;
  • the Posted Material is accurate and true at the time it is provided;
  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  • the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

  • You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
  • You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

  • The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.

4.4 INFRINGING CONTENT ON THE PLATFORM

  • If you become aware of Posted Material on the Platform that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately at support@swipept.com
  • If you submit a complaint or contact us:
    • you warrant that the substance of the complaint is accurate, true and involves infringement of copyright;
    • you acknowledge and agree that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable law (for example, Australia’s Copyright Act 1968, or equivalent laws wherever you are located); and
    • you agree to indemnify the Company in relation to any loss or damage that may arise in relation to your complaint, including in relation to any third party claim that the complaint contains a groundless threat.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, the Company will have no liability or obligation to you if:

  • a Customer or Trainer cancels at any time after the time for performance of the Service Listing is agreed; or
  • for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from the Company.

6. ONLINE PAYMENT PARTNER

  • Our preferred third-party online payment partner is Stripe Payments Australia Pty Ltd ACN 160 180 343, also commonly referred to as ‘Stripe’ (Online Payment Partner); and we will utilise the Online Payment Partner to collect payments on the Platform, including for our Services.
  • The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. The Online Payment Partner’s terms and conditions are available at: https://stripe.com/au/legal/ssa and as amended from time to time.
  • You agree to release the Company and its employees and agents from liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, excluding any gross negligence or wilful misconduct by the Company in the selection or oversight of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
  • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

7. SERVICE LIMITATIONS AND ENHANCEMENTS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  • the Platform may have errors or defects (or both, as the case may be);
  • the Platform may not be accessible at times;
  • messages sent through the Platform may not be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform may not be secure or confidential; and
  • any information provided through the Platform may not be accurate or true.
  • We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
  • We may change any features of the Platform at any time without notice; however, will endeavour to notify all Users for significant changes or Enhancements.

8. INTELLECTUAL PROPERTY

  • The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using our Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
  • In this clause 7(g), “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

9. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10. THIRD PARTY TERMS SUPPLIERS

  • If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
  • Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  • You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

11. DISPUTES BETWEEN USERS

  • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via support@swipept.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • Any costs you incur in relation to a complaint or dispute will be your responsibility.
  • The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  • The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
  • If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • Notwithstanding any other provision of this clause 11, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

12. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13. DISCLAIMER

  • (Introduction service) The Company is a medium that facilitates the introduction of Customers and Trainers for the purposes of fitness and training. The Company simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Trainers in relation to such services or otherwise resulting from the introduction.
  • (Limitation of Liability) To the maximum extent permitted by law and subject to clause Error! Reference source not found., the total liability of each party (being you, the User and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the three (3) months preceding the date of the event giving rise to the liability.
  • (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  • (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
  • (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
    • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14. CONFIDENTIALITY

You agree that:

  • no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  • all communications involving the details of other users on this Platform and of the Trainer are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.

15. PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here.

16. COLLECTION NOTICE

  • We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

  • this agreement is between you and the Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  • Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  • in the event of any failure of the Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Company’s responsibility;
  • Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
    • product liability claims;
    • any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
    • claims arising under consumer protection, privacy, or similar legislation;
  • in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  • that you represent and warrant that:
    • 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
    • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • you must comply with applicable third party terms of this agreement when using the Services; and
  • Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

18. TERMINATION

  • Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
  • If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
  • In the event that a User’s Account is terminated:
    • the User’s access to all posting tools on the Platform will be revoked;
    • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
    • the User may be unable to view the details of other Trainers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
  • Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Trainers where tax related misconduct has occurred.

20. RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

21. NOTICES

  • A notice or other communication to a party under this agreement must be:
    • in writing and in English; and
    • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    • when replied to by the other party, whichever is earlier.

22. GENERAL

22.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

22.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

22.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

22.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

22.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

22.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

22.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

22.8 INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B (Trainers)

1. ELIGIBILITY AND QUALIFICATIONS

  • You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.
  • If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to the Company that you do hold such Qualifications and if requested, will promptly provide the Company with evidence of the Qualifications (e.g. Certificate IV in Fitness).
  • If you are working with children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. The Company is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify the Company against any claim that may arise in connection with your eligibility to work with people under 18 years old.

2. SERVICE LISTINGS

You acknowledge and agree that:

  • you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
  • the Company may choose not to accept any Service Listing you submit to the Platform, and the Company may limit the number of Service Listings you can submit to the Platform;
  • any information you supply in a Service Listings must be true, timely and accurate;
  • you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
  • you must deal with any dispute with a Customer in accordance with clause of Part A;
  • any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve the Company in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
  • the Company will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing.

3. SERVICE REQUESTS

  • From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your Service Listings, though the Company does not guarantee this.
  • When the Platform directs you to a Service Request, you will be able to view details of the specific services requested, however you will not be able to view the contact details of the Customer who submitted the Service Request.
  • If you pay the relevant fees set out on the Platform in respect of unlocking a Service Request, you will be able to view the details of the Customer who posted that Service Request.

4. PROVISION OF SERVICES

  • You must ensure that all services specified in a Service Listing that is accepted by a Customer are provided:
    • in accordance with all applicable laws, regulations, tax obligations and industry standards;
    • with due care and skill and in a professional, punctual and diligent manner;
    • so that the services are fit for their intended purpose; and
    • on the date and at the times set out in the Service Listing.
  • You acknowledge and agree that a Customer may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.
  • If a Customer requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.

5. TRAINER FEES

  • Viewing the Platform and posting a Service Listing as a Trainer will require an active Subscription in accordance with clause 6.
  • You will be required to quote the cost of providing the services specified in each Service Listing to a Customer (Quoted Amount). We will charge you 15% of the Quoted Amount (Service Fee) for each Service Listing that is accepted by a Customer.
  • When a Customer accepts a Service Listing, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Service Listing Fee’).
  • The balance of the Service Listing Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
  • You:
    • appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
    • agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
    • agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location.
  • The Company reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
  • You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.

6. TRAINER SUBSCRIPTION

6.1 SUBSCRIPTION FEES

  • To use the Platform as a Trainer to engage Customers, you require an active subscription with the Company (Subscription).
  • You must pay subscription fees as nominated to you by the Company per month for your Subscription, or as otherwise agreed in writing (Subscription Fees) to the Company.
  • All Subscription Fees must be paid in advance and are non-refundable for change of mind.
  • Unless otherwise agreed in writing, the Subscription Fees are due and payable at the times specified to you in writing (Billing Cycle) on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period and at the beginning of every Billing Cycle thereafter.

6.2 AUTOMATIC RECURRING BILLING

Subject to clauses 6.3 and 6.4:

  • Your Subscription will continue to renew on an automatic twelve (12) month basis unless you notify us that you wish to cancel.
  • While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Billing Cycle from the payment method you nominated when you registered for an Account.
  • By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

6.3 GRACE PERIOD

If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 10 Business Days from the date of that renewal to cancel your Subscription by contacting us through our Website (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.

6.4 CHANGES TO SUBSCRIPTION FEES

We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 6.3 will apply.

6.5 LATE PAYMENTS

We reserve the right to suspend all or part of your Subscription indefinitely if you fail to pay any Subscription Fees.

6.6 GST

Unless otherwise indicated, the Subscription Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the applicable GST subject to us providing a tax invoice.

6.7 CARD SURCHARGES

The Company and Online Payment Partner reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

6.8 CANCELLATION OF SUBSCRIPTION

Trainers must notify the Company if they intend to end their Subscription. Upon notification of cancelling your Subscription, your Account will remain active until the next Billing Cycle that you have paid up until. Thereafter, you will not be able to post Service Listings and engage with Customers unless you choose to enter into a new Subscription with us.

7. REFUNDS & CANCELLATIONS

7.1 CANCELLATION BY THE TRAINER

  • Trainer Initiated Cancellations
    • Trainers are required to cancel sessions with Customers with more than 24 hours in advance if necessary.
    • A cancellation fee equivalent to the Service Fee (Cancellation Fee) for the session will be applied to the Trainer’s account to cover the Company’s administrative costs; and the Customer will be refunded for any payment made.
  • Cancellation Within 24 hours
    • Trainers should avoid cancelling sessions within 24 hours of the scheduled time. However if unavoidable, the same Cancellation Fee will apply.
    • Repeated cancellations within this timeframe will attract Cancellation Fees on each occasion and may affect the Trainer’s standing on the Platform.

7.2 RESCHEDULING BY THE TRAINER

  • Rescheduling Outside of 24 Hours
    • Trainers can reschedule sessions with Customers without any penalties if done more than 24 hours before the scheduled session time.
    • This can be done directly with the Customer on the Platform ensuring both parties agree to the new time.
  • Rescheduling Within 24 Hours
    • Trainers cannot reschedule sessions with Customers within 24 hours of the scheduled time. If a Trainer is unable to conduct the session, they must cancel according to the applicable cancellation terms, and the Cancellation Fee will apply.

8. BYPASSING

  • You agree that while you are a Trainer on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
  • The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.2(a).

9. BINDING CONTRACT

You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer’s offer.

10. WARRANTIES

By listing yourself as a Trainer on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:

  • you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
  • you will provide services to each Customer:
    • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
    • in compliance with all applicable laws; and
  • any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

Part C (Customers)

1. SERVICE LISTINGS, SERVICE REQUESTS AND FEES

  • You acknowledge and agree that:
    • if you respond to a Service Listing or confirm a Service Request once a Trainer responds to it, that will constitute your offer and intention to enter into a contract with the Trainer;
    • for each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Trainer, the Quoted Amount will be debited from your Account and the Company will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you; and
    • any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Trainer and do not involve the Company in any way, except that such terms and conditions must not be inconsistent with your or the Trainer’s obligations under this agreement.
  • When you submit a Service Request on the Platform, you must:
    • only submit requests that are bone fide and accurate; and
    • truthfully fill out all the information requested by the Platform in relation to the Service Request.

2. PAYMENT

  • (Payment obligations) Unless otherwise agreed in writing with the Trainer, you must pay for all services specified in an accepted Service Listing prior to the Trainer performing those services.
  • (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  • (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Trainer, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3. CANCELLATIONS AND RESCHEDULING

3.1 CANCELLATION BY THE CUSTOMER

  • Cancellation Outside of 24 Hours
    • Customers can cancel their booked sessions with Trainers without any penalty if they do so, more than 24 hours before the scheduled session time.
    • A full refund of the Service Fee will be provided for cancellations made outside of this 24-hour window.
  • Cancellation Within 24 Hours
    • Cancellations made within 24 hours of the scheduled session time are not eligible for a refund of the Service Fee. We appreciate your understanding as our Trainers set time aside specifically for your session, making it difficult to rebook on short notice.
  • The Company will have no liability or obligation to you if a Trainer cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from the Company in relation to any such cancellation, including any portion of the Service Fee.
  • If you wish to cancel services specified in an agreed Service Listing, before the Trainer has performed them, you must contact the Trainer. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.

3.2 RESCHEDULING BY THE CUSTOMER

  • Rescheduling Outside of 24 Hours
    • Customers can reschedule their sessions without any additional charges if done so more than 24 hours before their scheduled session time with the Trainer.
    • This provides flexibility for unforeseen changes in your schedule.
  • Rescheduling Within 24 Hours
    • Rescheduling requests made within 24 hours of the scheduled session time booked with the Trainer is not permitted.
    • Customers must adhere to the applicable cancellation terms if they cannot attend the session with the Trainer.

4. RATINGS AND REVIEWS

  • Customers may rate a Service Listing (Rating) and/or may provide feedback to Trainers regarding the services Customers received from them (Review).
  • Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Trainer Account and/or Service Listing is removed or terminated.
  • Customers must only provide true, fair and accurate information in their Reviews.
  • If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
  • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • You may not publish Reviews of Trainers to whom you have a personal or professional relationship (separately from the Platform).
  • You may only write a Review about a Trainer if you have had a buying or service experience with that Trainer, which means that:
    • you have purchased a product or service from that Trainer via the Platform; or
    • you have placed an order with the Trainer via the Platform; or
    • you can otherwise document your use of the Trainer’s service, including via correspondence or other interaction with the Trainer via the Platform,
      (collectively referred to as a Service Experience).
    • You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
    • You may not write a Review about a Trainer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Trainer, or work for the Trainer. Similarly, you may not write a Review about a direct competitor to the Trainer you own, are employed by or work for.
    • Your Service Experience must have occurred within the last 12 months when you submit a Review.
    • You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Trainer to write a Review, you should include information about this in your Review. Incentives include the Trainer offering you a gift, reward, discount or advantage for writing a Review about the Trainer.

5. LINKED BUSINESSES

You acknowledge and agree that:

  • the Platform provides links and introductions to Trainers owned and operated by third parties that are not under the control of the Company;
  • the provision by the Company of introductions to Trainers does not imply any endorsement or recommendation by the Company of any Trainer;
  • the Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Trainer who uses or is listed on the Platform; and
  • any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Trainer once agreed in accordance with clause 1 and do not involve the Company in any way.

6. COMMUNICATION OUTSIDE THE PLATFORM

  • You must not communicate with a Trainer, or request or entice a Trainer to communicate with you, outside the Platform (except in the course of accepting Trainer services that were agreed in a Service Listing or Service Request).
  • The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.