Website Terms & Conditions
Effective Date: 1 August 2020
These Terms & Conditions (“Terms”) set forth your use of our website at www.sweatyaf.com.au (“the Site”) which is owned and operated by Radley Holdings Pty Ltd ACN 070 636 010 as trustee for the Radley Family Trust trading as Sweaty AF, ABN 65 822 416 634 (“Sweaty AF”, “us”, “we” or “our).
These Terms may be amended, updated, reviewed or changed in Sweaty AF’s sole discretion. Any revision will be posted on Sweaty AF’s website and will show a new effective date (above).
By accessing or using the Site in any manner, you acknowledge that you have read and agreed to these Terms.
If you do not agree to the Terms, do not use or access the Site.
Privacy Policy
We adhere to strict policies in safeguarding your privacy. Our Privacy Policy is incorporated into these Terms by reference. In agreeing to these Terms, you agree to our Privacy Policy (which may be updated from time to time). A copy of our current Privacy Policy can be accessed here: https://sweatyaf.com.au/wp-content/uploads/2020/08/Privacy-Policy.pdf
Your Use of the Site
We grant you access to the Site for your personal use only. You agree that you will not:
• use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the Site or any of the information, content or data contained within or accessible through the Site, without our prior written permission;
• use any Automated Device to combine or aggregate information, content or data contained within or accessible through the Site with information, content or data accessible via or sourced from any third party; • use any information on or accessed through the Site for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
• use any device, process, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;
• take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to the Site;
• reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the Site; or
• copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the Site without our prior written permission.
Intellectual Property
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
You must not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any purpose any of the Content without our prior written permission.
User Accounts
Most sections of the Site can be accessed without needing an account. However, specific parts of the Site require you to first sign up for a user account before access is provided. For example, you cannot book into a class without first setting up an account.
It is your responsibility to maintain the confidentiality of your account, including the password you specify at registration. If you suspect your account has been compromised, you should immediately reset your password and contact us to advise us.
Suspension of Accounts
Sweaty AF retains the right in its sole discretion to cancel, suspend or remove your access to the Site or your account if it determines (in its sole discretion) that your use of the Site is contrary to these Terms.
Limitation of Liability
To the maximum extent permitted at law (including under the Australian Consumer Law), Sweaty AF does not make any warranty or representation in relation to the Site or any content contained within the Site including that:
• content will be complete, accurate and up-to-date;
• content will be suitable for your particular needs;
• access will be uninterrupted;
• access will be free from viruses; and
• access will remain secure at all times.
General Information Only
Information contained on the Site is of a general nature or for educational purposes. You should not rely upon any of the general information for your individual needs or circumstances. You should obtain medical advice and clearance before undertaking any fitness activities.
Booking our Services
Before being able to use our Site to book any of the services we provide, you must agree to the particular Membership Terms which apply specifically to those services. A copy of those terms will be made available at the time you use the Site to book a particular service.
Governing Law
Your use of the Site is governed by the laws of Australia and the State of Victoria. Your use of the Site signifies your agreement to submit to the exclusive jurisdiction of courts in that state.