PT Connect Terms and Conditions
Effective date: September 29, 2015.
Thank you for choosing My PT Connect. My PT Connect is a unique service which provides an interactive directory listing of personal trainers and fitness businesses. Our directory allows fitness professionals to post a listing for their business and to include key features of the business. My PT Connect also allows for customers to be able to view and review these businesses.
In keeping our directory as clean, efficient, and safe as possible, we require that you read and accept the following Terms and Conditions before using our site.
The term ‘My PT Connect’, ‘Personal Trainer Connect’, ‘PT Connect PTY LTD.’, ‘Company’, ‘us’ or ‘we’ refers to the owner of the website and its related businesses, namely PT Connect PTY LTD., an Australian Proprietary Limited company. The term 'you' refers to the user or viewer of our website and anyone other than My PT Connect. For purposes of clarity, the term ‘you’ as used within this agreement includes, but is not limited to, you as an individual, your company or organization, and also refers to you as well as your organization, if any.
BY CONTINUING TO USE THIS SITE AND ITS SERVICES, YOU REPRESENT AND WARRANTY THAT YOU HAVE READ THE FOLLOWING TERMS OF SERVICE IN THEIR ENTIRETY AND YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS PROVIDED THEREIN.
Violation of any of the terms below will result in the termination of your Account. While My PT Connect prohibits such conduct and Content on the Service, you understand and agree that PT Connect cannot be responsible for the Content posted on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
In order to use this website, you must be a human. Although you do not need to create an account to use this website, accounts registered by “bots” or other automated methods are not permitted. When registering for an account, you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
For those who have registered for an account, your login may only be used by one person – a single login shared by multiple people is not permitted, unless otherwise specified. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. My PT Connect cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to any applicable copyright or other intellectual property laws).
A registered account is not required to be able to view our Service. However, in order to take advantage of certain features offered by our website, you must create an account. There are Business and User accounts that may be created depending on the type of user you are.
For purposes of this TOU, “Business” or “Businesses” shall refer to subscribed members of our Service who have registered for a “Business Account.” Businesses must provide an ABN or business number in order to register on the site for a Business Account. By submitting a businesses' ABN or business number, the representative of the business is warranting and representing that the business is active under the businesses' jurisdiction of formation and that the business is legally allowed to participate in our Service.
For purposes of this TOU, “Freelancers” shall refer to individuals who perform services on the request and behalf of a Business. Businesses are permitted to associate with “Freelancers” on a short-term or temporary basis. The establishment and maintenance of the relationship between Business and Freelancer shall be between Business and Freelancer. My PT Connect shall in no way assist, connect, help, aid, or guide any of the terms or agreements by and between Business and Freelancer. Business shall be responsible for ensuring that the work provided by Freelancer is of the expected quality. In the event that Freelancer receives complaints on our Service, My PT Connect reserves all rights to remove Businesses' listing from the Service as a result of Freelancers actions.
Those businesses who utilize the services of a Freelancer agrees to maintain responsibility for the actions of the Freelancer. Businesses utilizing Freelancers agree and acknowledge that the Business account will remain liable for the actions and in-actions of the Freelancer while Freelancer is acting within the scope of Businesses' employ. Businesses and Freelancers understand and acknowledge that My PT Connect shall not be liable for any acts of Business or Freelancer.
Our Service provides a directory for Businesses to be able to display their services to potential customers. In order for a Business to post a listing on our Service, the Business must post their listing for a minimum of six (6) months under one of our available subscription programs. Early cancellation fees may be assessed to a business, depending on their membership level as well as the remaining period of time of the membership.
If, at any stage, a member is not satisfied with the services provided by My PT Connect, termination of an account may be requested; however, My PT Connect maintains a no refund policy and disatisfied members will not be reimbursed for services rendered.
Businesses found to have breached this TOU or to have violated any laws or regulations shall have their account removed from the Service. Such Businesses shall be required to pay the remaining balance on the entirety of their membership plan.
We reserve the right to change the costs of our Service at any time. Our Service offers a tiered membership system. Although each tier levels has access to the featured benefits of My PT Connect, certain tiers offer enhanced listing displays. Each tier level has the following features:
Tier One: Our basic package which features the name of the business and the contact details. Tier one subscribers are unable to upload photos to their business profile but will be able to list their business features/services. This service will be offered to businesses free of charge.
Tier Two: Our VIP package allows subscribers to be able to upload a profile picture/banner. Additionally, Businesses are able to list their business features and a brief description of their business along with a video link detailing their services. Tier two also allows potential clients to be able to view the listing as a ‘featured listing’ with the added benefit of being featured on the ‘PT Connect’ home page for a set period of time. This service will be offered to businesses for $22.95 per month + GST with no lock in contract. The discounted option of a 12 month membership at $200 + GST is also available.
Individuals browsing our Service are not required to register for an account in order to use our Service. Those individuals who wish to post a comment or a review on our Service will be required to create a temporary account for the purpose of doing so. Information provided by you for this temporary account will not be shared publicly or with any Business, unless you specify otherwise. Users understand that Businesses may be able to view and remove reviews.
Usage of Service
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that My PT Connect may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. This website contains material which is owned by or licensed to us or used with permission of our clients or users. This material includes, but is not limited to, wording, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This site and all items published by the Company are subject to any and all applicable copyrights, trademarks, and patents of the Company. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Any Business which provides any information or media for their business listing is hereby granting a non-exclusive license to My PT Connect to use, display, adapt, perform, or use in anyway necessary, the information provided to My PT Connect in order to accomplish the providing of services to the Business. This license shall be irrevocable for the duration of the time in which the information or media is made available to My PT Connect.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, My PT Connect, or any other My PT Connect service. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. You agree to act in a legal and appropriate manner at all times.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or organization from which such Content originated. This means that you, and not My PT Connect, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. My PT Connect does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, or defamatory. Under no circumstances will My PT Connect be liable in any way for any Content, including, but not limited to, for any representation, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
My PT Connect reserves the right to terminate your account as a result of the violation of any of the terms of this TOU. You understand and agree that your use of this website and the Services associated with the website are conditioned upon the following. You agree to not use the Service to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way;
3) impersonate any person or entity, including, but not limited to a My PT Connect official, or falsely state or otherwise misrepresent your affiliation with a person or entity or provide false or misleading information;
4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Australian Securities and Investments Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
12) "stalk" or otherwise harass another;
13) collect or store personal data about other users; or
14) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, any data on the Service, use of the Service, or access to the Service.
You expressly understand and agree that:
1) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. My PT Connect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2) My PT Connect makes no warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the software will be corrected.
3) any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4) no advice or information, whether oral or written, obtained by you from My PT Connect or through or from the service shall create any warranty not expressly stated in the TOU.
5) you expressly understand and agree that My PT Connect shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if My PT Connect has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing and provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any Takedown Notices should be sent the contact information found at myptconnect.com.au.
You expressly understand and agree to defend and indemnify My PT Connect, My PT Connect affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party.
If any dispute arises between you and My PT Connect during your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, the dispute shall be referred to binding arbitration. The place of arbitration shall be in Brisbane, Queensland, Australia.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
These terms and conditions are governed by and shall be construed in accordance with the laws of Queensland, Australia and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts in Brisbane, Queensland, Australia.