These Terms of Service (“Terms”) are a legal agreement between you and FoxFit Fitness For Females Pty Ltd. (“FoxFit” “us,” or “we”) regarding your use of services available at www.foxfit.com.au, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorised to accept these Terms on your employer’s behalf.

Service Description

The Service is a fitness social network. Users of the Service users may log their fitness activities; see, comment and like the activities of other users; and receive analysis and insights from the Service about their progress. Service about their progress. Users may also download training materials from other users and coaches, some of which is provided for a fee.

Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

Account

In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account. To protect your account from unauthorised use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorised use of your account or any other breach of security by sending an email to info@foxfit.com.au

License

Subject to the terms and conditions of these Terms, FoxFit grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by FoxFit, for noncommercial and personal use only.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.

User Content

In connection with registration for a FoxFit account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.
Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and FoxFit business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to FoxFit in these Terms. You may modify or remove your User Content via your FoxFit Account or by terminating your FoxFit Account, but FoxFit may, in accordance with FoxFit Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with FoxFit or its partners’ products and services, as determined by FoxFit in its sole discretion; or (vi) in FoxFit sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose FoxFit, its affiliates, or users to harm or liability of any nature.
Although FoxFit has no obligation to screen, edit, or monitor any User Content, FoxFit reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

Licensed Content

Content on the Service, including User Content and Paid Content provided by other users, has been licensed to FoxFit in accordance with various licensing agreements between FoxFit and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.
The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of FoxFit or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will FoxFit or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
FoxFit is a trademark of FoxFit Fitness For Females Pty Ltd. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of the owner of the mark, as appropriate, is strictly prohibited.

Communications with Users; User Meet-ups

When you join FoxFit, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is FoxFit Pty Ltd representative or agent.
The Service may include tools that enable users to arrange in-person meetings. FoxFit is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.
You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have to the full extent that you may lawfully waive all such rights and benefits.

Fees

You acknowledge and agree that you must pay the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time). FoxFit reserves the right to implement fee increases for the Service at any time by providing you notice.
Certain content offered through the Service is available to you for a fee (“Paid Content”). FoxFit uses a third-party payment processor – Stripe (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. FoxFit is not responsible for any errors by the Payment Processor. In connection with your use of the Service, FoxFit will obtain certain transaction details, which FoxFit will use solely in accordance with its Privacy Policy.

Access; Modifications to the Service

FoxFit does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).
FoxFit reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. FoxFit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

No Support

Unless otherwise agreed by FoxFit in writing, FoxFit is not obligated to provide any support for the Service.

Privacy

FoxFit collects registration and other information about you through the Service. Our collection and use of this information is described in the FoxFit Privacy Policy, which is incorporated into these Terms and available at https://foxfit.com.au/privacy-policy/

Feedback

If you provide feedback to FoxFit regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize FoxFit to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to FoxFit a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the FoxFit website at https://foxfit.com.au/terms-conditions/ or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

Termination

You may terminate your use of the Service at any time by terminating your account and deleting any FoxFit software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with FoxFit regarding the Service or these Terms. FoxFit may suspend or terminate your access to the Service at any time, for any reason. If FoxFit suspects that you have violated any provision of these Terms, FoxFit may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of FoxFit software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither FoxFit nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

No Refunds

Payments are non-refundable and there are no credits for partially used periods.

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). FoxFit is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).
The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOXFIT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOXFIT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALO MOVES, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER FOXFIT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY 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 ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF FOXFIT, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FoxFit accepts no liability for any damage, loss, illness or injury resulting from the use of FoxFit products or services what so ever that may have been caused, save for death or personal injury caused by FoxFit’s gross negligence.
FoxFit will ensure that the products and services that FoxFit provides to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you. To the extent permitted by law, unless FoxFit has breached these obligations FoxFit will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the product and services provided by FoxFit to you.
To the extent permitted by legislation such as the Competition and Consumer Act 2010 (as amended from time to time) (the Act) the sole warranties are those set out in this Agreement.
In no circumstances shall FoxFit have any liability arising from or as a result of delay in provision of any services or access to FoxFit product and services.
You release, indemnify and hold harmless FoxFit from any liability and any claim by any person in respect of product and services or use of FoxFit equipment whether or not the loss or damage arises in connection with any negligence, default or lack of care on the part of FoxFit or any of its representatives, any misrepresentation or any other cause.
To the extent permitted by the Act, FoxFit is not liable for prospective profitsor special, indirect or consequential damages. Without limiting the generality of the foregoing, in no circumstances shall the liability of FoxFit exceed the fee amount paid for the product or service. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
You use FoxFit products and services on the express understanding that it is at your own risk.

Indemnity

You will defend, indemnify and hold FoxFit, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

Health & Safety

Exercising and use of FoxFit product and services may involve the risk of injury and you acknowledge and agree that you exercise and use the FoxFit products and services at your own risk. You are responsible for monitoring your physical health conditions at all times and agree to exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.

It is recommended that you visit your doctor prior to commencing a regular exercise program. It is also strongly recommended that you are covered by ambulance insurance.

If you are pregnant you must assume all risk and make suitable modifications based on the guidance of your physician.

If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.

No advice provided by a FoxFit should be taken as medical advice. Always consult a health care practitioner to determine the best course of action for you.
FoxFit reserves the right to refuse use of our product or services at any time should it be concerned about any participants physical health or the health and safety.

Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by FoxFit without restriction. Any assignment attempted in violation of these Terms is void.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.

Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability of Terms

The failure of FoxFit to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FoxFit. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Entire Agreement

These Terms are the entire agreement between you and FoxFit regarding your use of the Service.

Contacting FoxFit

For questions, comments, complaints, or claims related to the Service, please contact FoxFit at:
FoxFit Fitness For Females Pty Ltd.
93 Cubitt Street
Cremorne, VIC, 3121
info@foxfit.com.au

Last Updated: October 09, 2021