TERMS AND CONDITIONS
1. About the Application
1.1 Welcome to Endurance Movement (Application). The Application provides you with an opportunity to browse and purchase various products that have been listed for sale through the Application (Products). The Application provides this service by way of granting you access to the content on the Application (Purchase Services).
1.2 The Application is operated by Endurance Movement App Pty Ltd (ACN 658199823). Access to and use of the Application, or any of its associated Products of Purchase Services, is provided by Endurance Movement App Pty Ltd. Please read these terms and conditions (Terms) carefully. By using browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application immediately.
1.3 Endurance Movement App Pty Ltd reserves the right to review and change and of the Terms by updating this page at its sole discretion. When Endurance Movement App Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Endurance Movement App Pty Ltd in the user interface.
3. Registration to use the Purchase Services
3.1 In order to access the Purchase Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification of contact details), including:
(a) Email address
(b) Password
(c) Weight
(d) Athlete type
3.2 You warrant that any information you give to Endurance Movement App Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4 You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Endurance Movement Pty Ltd; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality or your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Endurance Movement App Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) Access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Endurance Movement App Pty Ltd providing the purchase services;
(e) you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses or Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Endurance Movement App Pty Ltd for any illegal or unauthorised use of the Application; and
(g) you acknowledge and agree that any automated use of the Application of its Purchase Services is prohibited.
5. Copyright and Intellectual Property
(a) The Application, the Purchase Services and all of the related products of Endurance Movement App Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia, and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site, content and compilation of the Application (including text, graphics, logos, button, icons, video, images, audio, clips, and software) (Content) are owned or controlled for these purposes, and are reserved by Endurance Movement App Pty Ltd or its contributors.
(b) Endurance Movement App Pty Ltd retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
(i) The business name, trading, name, domain, name, trademark, industrial, design, patent, registered design, or copyright of Endurance Movement App Pty Ltd; or
(ii) The right to use, or exploit a business name, trading, name, domain, name, trademark, or industrial design; or
(iii) A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Endurance Movement App Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public, adapt or change, in any way, the content or third party content for any purpose . This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
6. Privacy
Endurance Movement App Pty Ltd takes your privacy seriously and any information provided through your use of the application and/or the Purchase Services are subject to Endurance Movement App Pty Ltd’s Privacy Policy, which is available on the Application.
7. Competitors
If you are in the business of providing similar services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Endurance Movement App Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Endurance Movement App Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
8. Limitation of Liability
(a) Endurance Movement App Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however, arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Endurance Movement App Pty Ltd is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Endurance Movement App Pty Ltd, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you, for any direct, indirect, incidental, special consequential or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
(c) Endurance Movement App Pty Ltd is not responsible or liable in any manner for any site content (including the Content or third party content) posted on the Application or in connection with the Purchase Services, where the posted or caused by uses of the Application of Endurance Movement App Pty Ltd, by third parties or buy any of the Purchase Services offered by Endurance Movement App Pty Ltd.
(d) You, the user, acknowledge that utilising exercise equipment and performing the exercises shown within the app come with an inherent risk such as personal injury or death. In using the app, you agree that you are in appropriate physical condition to complete the exercises shown. You agree to perform the exercises in the app voluntarily and at your own risk. Endurance Movement App Pty Ltd recommends clearance from a medical healthcare professional for all individuals, including those with pre-existing medical conditions and those pregnant, prior to commencing any new training and strength training program, including completing the exercises within the app.
9. Termination of Contract
(a) The Terms will continue to apply until terminated by you or by Endurance Movement App Pty Ltd as set as below.
(b) If you want to terminate the Terms, you may do so by closing your accounts for the Purchase Services which you use, where Endurance Movement App Pty Ltd has made this option available to you. Your notice should be sent, in writing, to Endurance Movement App Pty Ltd via the “Contact Us” link on our homepage.
(c) Endurance Movement App Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Endurance Movement App Pty Ltd is required to do so by law;
(iii) the partner with whom Endurance Movement App Pty Ltd offered the Purchase Services to you has terminated its relationship with Endurance Movement App Pty Ltd or ceased to offer the Purchase Services to you;
(iv) Endurance Movement App Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by Endurance Movement App Pty Ltd is, in the opinion of Endurance Movement App Pty Ltd, no longer commercially viable.
(d) Subject to local, applicable laws, Endurance Movement App Pty Ltd reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Endurance Movement App Pty Ltd’s name or reputation or violates the rights of those of another party.
(e) When the terms come to an end, all of the legal rights, obligations and liabilities that you and Endurance Movement App Pty Ltd have benefited from, been subject to (or which have accrued over time, whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply such rates, obligations and liabilities indefinitely.
10. Indemnity
(a) You agree to indemnify Endurance Movement App Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Application;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
11. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created here by shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 1st January 2023.