Offit App – End User Licence Agreement (EULA)

  1. Acceptance of these Terms
    • This mobile software application (Offit App, App) is owned and operated by Offit Trading Company ACN 633 895 271 (Offit Trading, we, us, our).
    • By downloading, installing, displaying or accessing the Offit App, you agree to be bound by the following agreement (Terms) between you and Offit Trading. These Terms, which incorporate our Privacy Policy, govern your access to and use of the App.
    • If you do not agree with or otherwise do not wish to accept the terms and conditions set out in this document, do not install, use or access the Offit App.
  2. Changes to these Terms
    • We may amend, modify, add, delete and make corrections to these Terms or the Offit App at any time without notice. All changes are effective from the date they are posted and your continued use of the Offit App will constitute your acceptance of the variation of the Terms.
    • If you do not agree to changes we make to these Terms, you may terminate this agreement and must immediately cease using the App. It is your responsibility to ensure you are aware of any changes to these Terms each time you use the Offit App.
  3. The Offit App
    • The Offit App is designed to provide general information on exercise and fitness, and showcase examples of particular exercises.
    • You acknowledge that all information and content provided through the Offit App:
      • is general in nature;
      • does not contain all available information;
      • should not be used or relied upon if you are pregnant or injured;
      • does not constitute medical advice or treatment, and is not to be used as a substitute for the services of a health care provider, such as a physiotherapist; and
      • does not qualify you to provide others with any health or personal training related advice or services.
    • The instructional exercise videos shown on the Offit App are intended to be used as a guide only to demonstrate examples of particular exercises and exercise techniques.
    • Exercises featured on the Offit App are not suitable for all body types or levels of ability. It is your responsibility to assess whether the Offit App, and each exercise shown, is suitable for you.
    • We strongly recommend that you seek advice from a qualified health care professional if you have any questions regarding whether the Offit App is right for you. If you are pregnant or have a physical injury, you must consult your doctor before trying any of the exercises shown on the Offit App.
    • We do not represent or warrant that the Offit App or the information or data in it or provided by it is current, complete or up to date, nor that the Offit App will operate without interruptions or defects.
    • Without limiting any other provisions of these Terms, we do not accept responsibility or liability for any error, omission, injury, expense, loss or damage incurred by you or any other person as a result of you using or relying upon any information provided via the Offit App.
  4. Registering for an Offit Account
    • All users must register for an Offit Account. You can register for an Offit Account by using the in-app registration process.
    • During the registration process we will ask you for a number of details including your name, phone number and email address.
    • By completing the registration process for an Offit Account you:
      • represent and warrant that the information you submit is true and provided to us in good faith; and
      • agree to not disclose your Offit Account login ID or password to any other person and to keep this information secure and confidential.
    • If you are a minor, you must obtain your parent or guardian’s permission before installing, using or accessing the Offit App.
    • We reserve the right to cancel your Offit Account for any reason at any time, including in circumstances where we reasonably consider that you have violated these Terms.
  5. Fees
    • If you purchase a subscription:
      • you must pay the associated subscription fee, and all associated transaction fees, notified to you at the time of purchase;
      • you may cancel your subscription at any time by logging in to the facility you used to set up the subscription (for example, the AppStore, Google Play, or PayPal) and electing to cancel your subscription;
      • cancellation takes effect at the end of the then current subscription period; and
      • if you do not cancel your subscription, the subscription period will automatically renew upon the last day, for a further subscription period of the same length and plan type. Payment will be automatically debited using the payment method you have nominated.
    • All prices quoted on the Offit App are in Australian dollars and are inclusive of GST, unless otherwise expressly provided. You warrant that the credit or debit card, or account or other payment method which you nominate to use is your own or that you are fully entitled to use that card, account, or other payment method.  We reserve the right to obtain validation of your payment before granting you access to the relevant features of the Offit App associated with the plan you have subscribed to.
  6. Licence to use
    • Subject to these Terms, Offit Trading grants you a non-exclusive, non-transferable licence to:
      • if acquired through the iOS App Store, use the Offit App on any Apple-branded device that you own or control, and permit the use of this application on Apple-branded devices attached to any accounts associated with you via Family Sharing or volume purchasing as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html); and
      • in all other cases, use the Offit App on any device you own or control.
    • Offit Trading retains all right, title and interest to all Intellectual Property Rights subsisting in the Offit App, any Updates, and any part thereof.
  7. Your conduct
    • You must not:
      • take screenshots when using the Offit App or otherwise make copies of any photos, videos, or other content we make available through the Offit App without our written permission;
      • use the Offit App in breach of any laws or regulations;
      • make any automated use of the Offit App;
      • impersonate any other person in your use of the Offit App; or
      • interfere with or disrupt our operation of the Offit App.
    • You are responsible for ensuring that your installation and use of the Offit App does not cause you to exceed any data usage quotas or other limitations that may apply to your device’s call and data plan or other services acquired from third parties, and if such quotas or limitations are exceeded, you are solely responsible for all resultant consequences, including payment of any charges to third party service providers.
  8. Push Notifications
    • As part of installation of the App on your mobile device, you may be asked if you would like the Offit App to send you push notifications (Push Notifications), which may include alerts, badges, banners and sounds on your mobile device. If you choose to allow Push Notifications, you acknowledge and consent to receipt of these Push Notifications.
    • You may choose to stop receiving Push Notifications at any time by changing the settings on your mobile device or by deleting the Offit App from your mobile device.
  9. User generated content
    • The Offit App may enable you to post information, comments and other material that may be made publically available.
    • You acknowledge and agree that:
      • you are solely responsible for the information you enter into the Offit App;
      • you grant Offit Trading a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property Rights in information or material created or submitted by you using the Offit App;
      • any material that you post or transmit can be removed by Offit Trading without notice at any time, for any reason including no reason; and
      • Offit Trading does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the Offit App, and Offit Trading is not liable for any loss or damage of any kind, or any claim, including personal injury, resulting from any action taken or reliance made by you regarding any information or material made available by another user.
    • Restricted parties
    • You warrant and represent that the following statements are true and correct:
      • you are not located in a country that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;
      • you are not located in a country that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a ‘terrorist supporting’ country; and
      • you are not included on any list of prohibited or restricted parties by the governments of either the United States of America or the Commonwealth of Australia.
  1. Third party services
    • In order to obtain, install, update, access, use, or continue to access or use the Offit App, you may be required to use certain third party services. For example, the functionality of the App may enable or require you to use third party services:
      • to acquire the Offit App (for example, from a third party’s software marketplace, such as the Google Play marketplace operated by Google Inc or the App Store operated by Apple); and/or
      • in conjunction with the Offit App (for example, YouTube or similar video-sharing platforms)
    • Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that Offit Trading is not liable for the activities of any such third parties.
    • Additionally, the Offit App may contain links to third party websites or other third party content or service providers. Those links are provided for your convenience only and may not remain current or be maintained.  You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.
  2. iOS App Store
    • If you obtained the Offit App from the iOS App Store, you and Offit Trading acknowledge and agree that:
      • this document is concluded between you and Offit Trading only, and not with Apple, and Offit Trading, not Apple, is solely responsible for the Offit App and the content thereof;
      • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Offit App, either under this document or applicable law;
      • Offit Trading, not Apple, is responsible for addressing any claims of you or any third party relating to the Offit App or your possession and/or use of the Offit App, including but not limited to:
        • product liability claims;
        • any claim that the Offit App fails to conform to any applicable legal or regulatory requirement; or
        • claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the Offit App of the HealthKit and/or HomeKit frameworks;
      • in the event of any third party claim that the Offit App or possession and/or use of the Offit App by you infringes that third party’s Intellectual Property Rights, Offit Trading, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
      • Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
      • upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.
  1. Warranty and liability
    • To the maximum extent permitted by law, Offit Trading excludes, and makes no representation, warranty or endorsement of any kind, whether express or implied, in relation to:
      • the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of any material and/or information in the Offit App;
      • the performance and availability of the Offit App;
      • the compatibility of the Offit App with any particular hardware or software; or
      • protection from loss, damage, corruption or degradation of any data or other material as a result of the use of the Offit App.
    • To the maximum extent permitted by law, Offit Trading excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, personal injury, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
      • the use of, reliance on, or action taken as a result of, any information or material in the Offit App for any decision or otherwise;
      • any interruption, suspension or termination of the Offit App in whole or in part for whatever reason including failure or suspension of public or private telecommunications network; or
      • any loss, damage, corruption or degradation of any data or other material as a result of the use of the Offit App.
    • Without limiting the preceding paragraph, to the full extent permitted by applicable law, Offit Trading’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Offit Trading, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), is limited to (at our option):
      • in the case of goods – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
      • in the case of services – supplying the services again or paying the cost of having the services supplied again.
    • Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, Offit Trading’s maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
    • You agree that any legal liability on the part of Offit Trading in connection with these Terms will be reduced by the extent, if any, to which you contributed to the loss, or failed to take reasonable steps to secure your mobile device and backup your data.
    • If you purchased the Offit App from the iOS App Store, in the event of any failure of the Offit App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Offit App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by Offit Trading in accordance with this document.
  2. Indemnity
    • You release and indemnify Offit Trading, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (those indemnified) from and against any loss, liability, claim, demand, damage or expense (including legal fees) made against those indemnified, or suffered by you or by any third party, howsoever caused (including through negligence), directly or indirectly arising out of or in connection with:
      • use of the Offit App or any linked website, by you or anyone accessing the Offit App on your mobile device;
      • use of or reliance on information contained in or accessed through the Offit App, by you or anyone accessing the Offit App on your mobile device; or
      • breach by you of these Terms or by any other person through their use of the Offit App on your mobile device.
  1. Updates
    • These Terms (as amended from time to time) will govern any updates to, or new versions of, the App (Updates).
    • You acknowledge and agree that Offit Trading:
      • is under no obligation to provide any Updates;
      • can offer optional paid Updates;
      • can use Updates to add, remove, modify or otherwise alter functionality or features of the Offit App at its sole discretion, and that such changes will not be a breach of these Terms;
      • can require you to install Updates to the Offit App in order to continue using the App; and
      • can provide Updates in such a manner that the App is unable to be reverted to its previous state.
    • In order to obtain, install, update, access, use, or continue to access or use the Offit App or any supplied Updates, you may also be required update third party software on your devices. You acknowledge and agree that:
      • Offit Trading is not responsible for such third party updates;
      • such third party updates may be subject to their own terms and conditions, which Offit Trading strongly recommends you review prior to implementing the third party update; and
      • if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Offit App.
  1. Intellectual Property Rights
    • Offit Trading is the owner of the Offit App. All Intellectual Property Rights in the information and material published by Offit Trading on the Offit App is owned by or licensed to Offit Trading. All content in the Offit App, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trade mark and intellectual property laws in Australia. You must not do anything which interferes with or breaches those laws or the Intellectual Property Rights in the Offit App or any of its components.
    • You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Offit App or any output from the Offit App or any files related to the App.
  2. Privacy and security
    • We understand the importance of maintaining your privacy and holding your data securely. However, Offit Trading does not warrant and cannot guarantee the security of your information.
    • Any information you provide to us or store in the Offit App is transmitted and stored at your own risk. Offit Trading will take reasonable steps to preserve the security of any information it receives from you.
  3. Termination or suspension
    • We may suspend or terminate your access to the Offit App at any time without notice, if we reasonably consider you have breached these Terms.
    • The licence given to you by Offit Trading in respect of the App will immediately terminate if you voluntarily uninstall or otherwise delete the App from the devices on which you have installed it.
    • Upon termination by Offit Trading pursuant to this clause 17 you must immediately uninstall and delete all copies of the App from your relevant devices, and will if required by Offit Trading certify this has been done in writing via a statutory declaration to this effect.
    • Termination pursuant to this clause will not affect any rights or remedies which Offit Trading may have otherwise under these Terms or at law.
  4. Support
    • Except as expressly provided in the plan you have subscribed to, Offit Trading is not obliged to support the Offit App in any way, whether by providing a user manual, advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise. Nor will it be required to provide any telecommunication, internet or other services in relation to the use of the Offit App by you.
  5. Waiver
    • No waiver by Offit Trading of any breach or default by you is effective unless reduced to writing and signed by Offit Trading, and any such waiver does not constitute a waiver of any other continuing breach or default under these Terms.
  6. Severance
    • If any provision of these Terms is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
  7. Governing Law
    • These Terms are governed exclusively by the law in force in the State of Queensland. The parties submit to the exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with these Terms.
  8. Assignment
    • You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms. Offit Trading can assign, novate or otherwise transfer any of its rights or obligations under these Terms at its sole discretion, without notice to you.
  9. Force Majeure
    • Notwithstanding anything else contained in these Terms, Offit Trading will not be liable for any delay in or failure to comply with these Terms if such delay or failure is caused by circumstances beyond Offit Trading’s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
  10. Contact
    • In the event that you need to contact Offit Trading regarding these Terms or any questions, complains or claims relating to the Offit App, please use the following details:

Administration Officer
Address: 27 Second Ave, Maroochydore QLD 4558
Email: admin@offitapp.com

  1. Definitions and interpretation
    • In these Terms:
      • App or Offit App means the mobile software application licensed by the Offit Trading to which this document applies.
      • Intellectual Property Rights includes all copyright, trade mark, design, patents and other proprietary rights, and any rights to registration of such rights existing anywhere in the world, whether created before or after the date of this agreement (as applicable), but excludes moral rights.
    • In these Terms, 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; and
      • 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).

 

These Terms were last updated on 20 August 2019.