Terms and Conditions

App Terms of Use

Last updated: 09/10/2018

 

Hey buddee!

We know that no one likes the fine print so we have made it normal size. Please set aside some time to read through our terms of use.

 

A. Background

  1. This app, website and domain name (collectively, App) are owned and operated by Buddee Group Pty Limited ABN 48 615 809 857, trading as buddee fitness, (buddee fitness, we, us, our). Buddee fitness is an online matching, payment and booking marketplace that connects Fitness Professionals and Clients who are looking for on-demand access to Exercise Services (collectively, the Services). The Services are made available to you through the App, including through the website which can be located at www.buddee.fitness and are subject to the following Terms of Use, as amended from time to time (Terms of Use).

B. Key Terms

  1. User” “you” or “your” means a person, organisation or entity using the Services and the App, including Clients and Fitness Professionals.
  2. Client” means a person who completes buddee fitness account registration process to book a Fitness Professional.
  3. Fitness Professional” or “Fitness Service Provider” means a trainer who can provide the Exercise Services sought by the Client and who is accepted by buddee fitness to be offering Exercise Services via the App.
  4. Exercise Service” “Training Session” or “Session” means the exercise-related services provided by Fitness Professionals to Clients.
  1. General
    • By accessing, using and remaining on this App, and in consideration of buddee fitness providing you with access to this App, you agree to be bound by the following Terms of Use, which govern your access to and use of this App.
    • If you do not agree to these Terms of Use, you must not use or access this App.
    • Buddee fitness reserves the right to amend these Terms of Use from time to time.
  2. Information about this App
    • This App allows individuals to search for, and engage with, Fitness Service Providers including by connecting you with personal trainers and products, and other services described on this App.
    • Buddee fitness has prepared this App in good faith. Information on this App may be derived from third party sources.  Buddee fitness believes the information on this App is accurate and up to date; however buddee fitness makes no representation or warranty as to the accuracy or currency of the information.
    • All prices quoted on the App are in Australian dollars and include GST, unless otherwise indicated. Prices quoted on the App should be used as a guide only as they may change from time to time.
    • Buddee fitness may cease, interrupt or withdraw your access to the App for any reason, including for upgrades and maintenance of the App.
    • This App includes services that are available via a mobile device. To the extent that you access the App through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain services may be prohibited or restricted by your carrier and not all services may work with all carriers or devices.
    • Buddee fitness does not warrant that your access to the App will be uninterrupted or error free.
    • To the fullest extent permitted by applicable law, buddee fitness does not accept liability for any claims or losses arising directly or indirectly from:
      • a failure to provide the App, or any part thereof;
      • corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the App;
      • any suspension or discontinuance of any Service, or any part thereof; or
      • any use of the App by other users, including any use of the App by other users in manner which contravenes this document.
  1. We may ask you to register to gain access
    • Buddee fitness may require you to register in order to access certain features or services offered on or through the App (including setting up a user ID and password).
    • Where you register with buddee fitness, you must keep your registration and login details confidential. You will be responsible for any access to and all activity that occurs under your account on the App using your registration details, even if the access is by another person, or as a result of your failing to keep this information secure and confidential.
    • You must be 18 years old to register with Buddee Fitness.
  2. Our role as buddee fitness
    • You acknowledge that:
      • buddee fitness provides a marketplace to connect Clients and Fitness Professionals  for Exercise Services only ;
      • buddee fitness accepts no liability for any aspect of the interaction between you and any Fitness Service Providers made on the App;
      • buddee fitness endeavours to match a Client with the most suitable Fitness Professional based on information provided by the Client and Fitness Professional, for example, location and preferred activity. A number of Fitness Professionals may be presented as options to a Client as part of the matching process. In all cases, it is the Client’s responsibility to make the final choice as to which Fitness Professional they select to provide the Exercise Services. A Client will be able to book the Exercise Services through the App (Booking);
      • buddee fitness does not vet Fitness Professionals, and does not warrant the suitability or experience of any Fitness Professionals; and
      • the final decision on which Fitness Professionals you engage with is made by you.
  1. Your conduct and obligations as a Client and/or Fitness Professional
    • You must:
      • not use the App in breach of any applicable laws or regulations, or in any way that is prohibited by these Terms of Use;
      • not use the App for any activity which infringes a third party’s rights or privacy;
      • not use the App to harm, abuse, harass, stalk, threaten or otherwise offend others;
      • not link, frame or mirror in any way any part of the App without buddee fitness’s express prior written authorisation; and
      • not interfere with, disrupt, or create an undue burden on the App.
    • Without limiting the above, you must not and must not permit a third party to:
      • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, reproducing, viewing, uploading, posting, assessing, analysing, altering, modifying, publicly displaying, encoding, translating, transmitting or repackaging the Content (as defined at clause 10 below);
      • circumvent, disable or otherwise interfere with security-related features of the App;
      • use, obtain, or attempt to obtain from the App, information in order to identify or discover pricing, the identity of any user, or any underwriting, rating and related business methodology or systems, except in a manner ordinarily undertaken by a prospective customer;
      • do anything which will or may damage, disrupt access to or interfere with the proper operation of the App, or any transaction being conducted on the App, or with any other person’s use of the App;
      • reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the App;
      • attempt to gain unauthorised access to any portion or feature of the App, or any other systems or networks connected to the App or to any buddee fitness server, or to any of the products or services offered on or through the App, by hacking, password “mining” or any other illegitimate means;
      • probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App; and
      • reverse look-up, trace or seek to trace any information on any other user of or visitor to the App, or any other customer of buddee fitness, including any buddee fitness account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the App.
    • You acknowledge that the Content on the App is liable to change at any time.
    • You acknowledge that you are solely responsible for all results of your actions from your use of the App.
    • You understand that there are inherent risks associated with participating in any Exercise Services, which may result in personal injury to you and you fully accept and agree to bear those risks.
    • You agree not to bring any claim or proceeding against buddee fitness for any damage, loss or injury whatsoever that you may suffer though participating in any Exercise Services.
    • Buddee fitness’ liability to you is limited (at buddee fitness’ election) to buddee fitness repaying any amounts paid by you for the relevant Exercise Service (if any) or supplying or resupplying the relevant Exercise Service to which you are entitled in accordance with these Terms of Use.
    • Buddee fitness does not offer any medical coverage for bodily harm or injury that may result from providing or participating in Exercise Services through the App; and
    • Buddee fitness will not reimburse you for any costs, including medical bills, transportation or loss of wages, as a result any injury you suffer.
    • You agree not to make any claims against buddee fitness in relation to your use of the App, the Fitness Professionals you engage with, and any injuries you may suffer as a result of your use of the App.
    • You agree to indemnify buddee fitness and each of the officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) of buddee fitness against any claims arising out of your or your Affiliates’ breach of these Terms of Use (and any other terms and conditions which incorporate these Terms of Use).
  1. Additional obligations on Fitness Professionals
    • Fitness Professionals agree to:
      • provide buddee fitness with any information requested by buddee fitness in order for buddee fitness to verify your account and match you with a Client, such as information on your professional background, experience and certifications, insurance documentation, contact details and your profile photo;
      • provide buddee fitness with up to date, complete and accurate information regarding the days and times you are available to provide Exercise Services and must ensure that this information remains accurate and current at all times; and
      • where requested by buddee fitness, provide further verification documentation in relation to sub-class training types.
    • Fitness Professions acknowledge and agree that:
      • you are not obliged to accept any Session requests from a Client;
      • buddee fitness may, in its discretion, decide whether multiple refusals affect your ability to be matched with Clients in the future;
      • buddee fitness, in its discretion, will decide whether to accept an individual to be a Fitness Professional;
      • buddee fitness may remove Fitness Professionals from the App at any time and for any reason; and
      • buddee fitness may, but is not required to, at any time, conduct background checks on Fitness Professionals.
    • Each individual Fitness Professional is solely responsible for obtaining and maintaining all relevant permits, licences, and other permissions required to offer or provide any Exercise Services, and warrants that it has done so prior to offering any Exercise Services on the App. Buddee fitness assumes no responsibility for a Fitness Professional’s failure to obtain or maintain such permits, licences or permissions, or to otherwise comply with any applicable laws, rules or regulations.
    • You, as a Fitness Professional, acknowledge and agree that:
      • buddee fitness is neither an insurer, nor a contracting agent or employer of you;
      • where a Client makes a Booking with you, any agreement you enter into with such Client is between you and the Client. Buddee fitness is not a party to that agreement;
      • you are responsible for your own acts and omissions;
      • you must exercise due care and skill in the provision of Exercise Services;
      • you must hold and maintain the appropriate insurances to cover any potential liability you might have in connection with providing Exercise Services, for the duration and for seven years after the expiry of these Terms of Use;
    • Notwithstanding clause 8.4(a), buddee fitness is your limited authorised agent solely for the purpose of accepting payments from Clients on your behalf, and transmitting your portion of such payments to you.
    • Fitness Professionals agree and acknowledge that:
      • buddee fitness is not responsible for maintaining records for Fitness Professionals, other than to enable Fitness Professionals to download their statement of earnings. Fitness Professionals must maintain their own records offline. Buddee fitness is not responsible for keeping records on behalf of Fitness Professionals or for any loss of data;
      • buddee fitness does not guarantee that a Fitness Professional will be matched with Clients, or that Clients will continue to book Sessions with that Fitness Professional; and
      • Fitness Professionals are responsible for obtaining relevant health and fitness information from Clients prior to the commencement of Exercise Services.
  1. Client Warranties
    • You, as a Client, warrant that you are capable of engaging in the Exercise Services, and that you have been assessed as fit and healthy by a general practitioner prior to engaging in any Exercise Services via the App.
    • Where you have any pre-existing health concerns, you are to seek a professional medical assessment to assess whether you are capable of engaging with the relevant Exercise Services.
    • Where you engage in Exercise Services:
      • you warrant that to the best of your knowledge you do not have any physical, medical or other disability or condition which may be affected by or aggravated by, or may result in any sickness, injury or death to you as a result of, your engagement with any Exercise Services;
      • you must disclose any relevant health or physical conditions applicable to you to your Fitness Professional prior to commencement of the Session; and
      • you release buddee fitness from all liability for any loss, injury, illness or death in respect to your use of the App and engagement in any Exercise Services.

 

  1. Non-Circumvention
    • You acknowledge and agree that, from the time you identify or are identified by any party through the App, you must use the App as your exclusive method to request, book, and receive all payments for Exercise Services directly with that Client or Fitness Professional.
    • You may opt-out of this obligation with respect to each Client-Fitness Professional relationship only if Client and/or Fitness Professional pay buddee fitness for each such relationship by paying an “Opt-Out Fee” of $200.00 AUD.
    • To pay the Opt-Out Fee, you must request instructions by sending a message to help@buddee.fitness
    • Except in accordance with clause 10.2, you agree not to circumvent the payment terms offered by the App.
    • You agree to notify buddee fitness immediately if another Client improperly contacts you or suggests making or receiving payments outside of the App .

 

  1. Material you Submit
    • This section applies if you submit, post, transmit or otherwise make any material available via the App (your material).
    • Where you do so, you grant to us a non-exclusive, revocable, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate your material for the reasonable purposes of our business, and the right to sub-license those rights to others.
    • You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
  2. User Interaction
    • The App may enable you to communicate with service providers or other users, or to post materials that may be made publicly available.
    • You acknowledge and agree that:
      • buddee fitness does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users or the service providers, and buddee fitness is not responsible for any loss or damage of any kind, or any claim, resulting from any action taken or reliance made by you or the user or service provider regarding any information or material obtained from another user or service provider and/or made available by another user or service provider;
      • you are, and buddee fitness is not, responsible for resolving any disputes you may have with other users of the App or service providers; and
      • buddee fitness does not confirm each user or service provider’s purported identity on the App. We may provide information about a user or service provider, such as the fitness services they provide or geographical location, or third party background check or verification of identity and credentials. However, this information is based solely on data that a user or service provider submits and we provide such information solely for the convenience of users and the provision of such information is not an introduction, endorsement or recommendation by buddee fitness as to the user or services provider’s identity or credentials.
    • Buddee fitness offers voluntary alert features. If you opt-in to one or both, of the features, you acknowledge and agree that:
      • at the start of your session, it sends a notification and snapshot of your location to your nominated contact only;
      • your nominated emergency contact receives an alert SMS by pressing the relevant emergency button in the App. buddee fitness does not notify any law enforcement or emergency service provider, or follow up with you or the Client/Fitness Provider you were engaging with at the time you use the alert feature;
      • buddee fitness does not warrant that the alert feature will always be available, or free from disruption or error; and
      • nothing in this clause 12.3 limits or otherwise affects any other provisions of these Terms of Use.
  1. Social Networking
    • You may enable or log in to the App via various online third party services such as social media and social networking services including Facebook or Twitter.
    • To utilise this feature, we may ask you to authenticate, register for, or log into the relevant social media or networking service on the website of the respective provider. As a result, we will be provided with access to certain information that you provided to the relevant social media or networking service, and we will use, store and disclose such information in accordance with our privacy policy.
  2. Termination or Suspension of Use
    • Buddee fitness may suspend or terminate your access to the App, at any time without notice, due to your breach of these Terms of Use.
  3. Intellectual Property
    • The trade marks, service marks and logos (Trade Marks) used in this App are registered or unregistered Trade Marks of buddee fitness or its licensors. You may not copy, reproduce, adapt, distribute, sell, modify, publish, store or transmit any Trade Mark in any form, other than with the prior written consent of Buddee Fitness, or as permitted by law. All rights of buddee fitness and its licensors are reserved.
    • All text, information, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, downloads, services, and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to buddee fitness, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  4. Linking and Third Party Content
    • The App may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals including other service providers (Third Party Websites).
    • Third Party Content and Third Party Websites are not under the control of buddee f Buddee fitness does not endorse, approve, guarantee or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
    • Links to Third Party Websites are provided for your convenience. Buddee fitness is not responsible for the privacy or security practices of Third Party Websites. Third Party Websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them. If you use or rely on Third Party Content or Third Party Websites, you do so solely at your own risk.
  5. Payment and buddee fitness Fee

General

  • Each Client agrees to pay the fee (hourly rate) of the selected Fitness Professional payable in the currency specified on the App at the time of booking. There are no refunds for Sessions cancelled by the Client within a 24 hour period prior to the Session start time.
  • If a Client cancels a session outside of the 24 hour period prior to the Session start time, fees for that Session with the Fitness Service Provider (Fitness Professional Fees) will be returned as credits into the clients buddee fitness account.
  • If a Fitness Professional cancels a Session at any time the Client will receive a full refund of Fitness Professional Fees paid for that Session via the original method of payment.
  • If a Fitness Professional cancels a Session within the 24 hour period prior to the Session start time, they may be charged a cancellation fee, at the discretion of buddee fitness.
  • Client complaints to buddee fitness can be made within 24 hours of the Session finish time. In circumstances such as the fitness professional not showing up, buddee fitness will review, and may at its discretion provide a refund to the Client of the Fitness Professional Fees paid.
  • You shall be responsible for all taxes associated with the Exercise Services.
  • Except as otherwise expressly set out in these Terms of Use or as expressly approved by buddee fitness in writing in its sole discretion, all Fitness Professional Fees paid for completed Sessions or Sessions cancelled within the 24 hour period prior to the Session start time are final and non-refundable.
  • You agree that:
    • where you make a payment by credit card or any other payment instrument, you represent and warrant that such information is true and that you are authorised to use such payment instrument.
    • you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
    • you agree to pay buddee fitness the amount that is specified on the App as Fitness Professional Fees for a Session and in accordance with the Terms of Use.

Fitness Professional Payment

  • Buddee fitness will pay to Fitness Professionals an amount equal to the Fitness Professional Fees accrued for Exercise Services provided during the preceding payment period on a fortnightly basis, minus the service fee payable to buddee fitness in exchange for using the App.
  • The service fee payable to buddee fitness is calculated at 15% of the Professional Service Fee[insert method].
  • Payment will be made to a bank account nominated by the Fitness Professional.
  • Where a Client informs buddee fitness that Exercise Services were not performed, or were not adequately performed, by the Fitness Professional, buddee fitness may, in its discretion, withhold Fitness Professional Fees. In these circumstances, buddee fitness will review, and may at its discretion provide a refund to the Client of the Fitness Professional Fees paid. For the sake of clarity, this will mean that no Fitness Professional Fees will be paid to the relevant Fitness Professional for the relevant

Limited Payment Collections Agent

  • Each Fitness Professional appoints buddee fitness as the Fitness Professional’s limited payment collection agent solely for the purpose of accepting the Fitness Professional Fees from the Client.
  • Each User agrees that payment of Fitness Professional Fees in respect of a Fitness Professional by a Client to buddee fitness, shall be considered the same as a payment made directly by that Client to the relevant Fitness Professional and the Fitness Professional will provide the relevant Exercise Services to the Client, as outlined on the App, as if the Fitness Professional had received payment directly.
  • Buddee fitness, as limited payment collection agent for the Fitness Professional, agrees to facilitate the payment of any Fitness Professional Fees for Exercise Services provided, on a fortnightly basis unless otherwise agreed between buddee fitness and the Fitness Professional. In the event that buddee fitness does not remit such amounts, the Fitness Professional will have recourse only against buddee fitness.
  1. Cookies
    • This App may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service.  A ‘cookie’ is a small text file placed on your computer by our web server.  A cookie can later be retrieved by our servers.  Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  Cookies do not alter the operation of your computer or mobile device in any way.
    • It is recommended that you accept cookies to make full use of this App. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this App’s administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.
    • Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this App to the fullest and optimum extent.
  2. Privacy Policy
    • Buddee fitness’s Privacy Policy is incorporated by reference into these Terms of Use. By using the App, you agree to the Privacy Policy and you agree that buddee fitness may deal with any personal information that buddee fitness collects from you, in accordance with the Privacy Policy.
    • Additionally, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
  3. Disclaimer
    • By accessing this App, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this App or by any Third Party Content or Third Party Website.
    • With the exception of any applicable right or guarantee you may have under the Australian Consumer Law and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded (Consumer Guarantees), buddee fitness excludes:
      • any term, condition or warranty that may otherwise be implied into these Terms of Use;
      • any liability for loss or damage incurred as a result of or in connection with the negligence of buddee fitness; and
      • any liability for special, indirect or consequential loss however caused (including negligence), arising out of or in connection with the App content, the use or performance of this App or services provided by buddee fitness in relation to this App.
    • To the extent permitted by law, and subject to clause 15.4:
      • Buddee Fitness will not be liable for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to access or use the App and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage, which you may directly or indirectly suffer in connection with your use of the App. In particular, buddee fitness is not liable if interference with or damage to your computer systems occurs in connection with your use of the App; and
      • the maximum aggregate liability of buddee fitness for any and all claims whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to $1,000.
    • Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again, unless:
      • the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;
      • it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
      • the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
  1. Jurisdiction

These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

  1. Interpretation
    • In these Terms of Use, unless a contrary intention is expressed:
      • headings and italicised, highlighted or bold type do not affect the interpretation of this agreement;
      • the singular includes the plural and the plural includes the singular;
      • a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality); and
      • the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary.
  1. Contact

If you have any queries regarding these terms and conditions, please contact us by email at help@buddee.fitness.