Exercises & Programs to get more out of life
Terms Of Use
Tri-Unity Life Pty Ltd
T/A myExercise.com.au
Quick link to sections: General Disclaimer - No Medical Advice | Your Privacy | Copyright | Use of Office Health Desktop Application |
1. Acceptance of Terms for the use of the myexercise.com.au website
a. By (i) using this Web site (the "Site") in any way, including using, transmitting, downloading or uploading any of the services or functionality ("Services") or Materials made available or enabled via the Site by users of the Site ("Users"), or (ii) merely browsing the Site, you agree to these General Terms and the Online Privacy Policy at http://www.myexercise.com.au/privacy.html. "Materials" includes any (information, data, documents, images, photographs, graphics, audio, videos, podcasts, desktop application, or webcasts.
b. You may not use the Services, or accept the General Terms, if you are not of legal age to form a binding contract.
c. Tri-Unity Life Pty Ltd may change the Terms from time to time at it's sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Tri-Unity Life Pty Ltd will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. Your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.
d. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.
2. Use of Site, Services and Materials.
a. You agree to not copy or destribute any Materials that you download or access from the Site.
b. Unless expressly agreed to by Tri-Unity Life Pty Ltd in writing elsewhere, Tri-Unity Life Pty Ltd has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services ("Your Content"). Tri-Unity Life Pty Ltd has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Tri-Unity Life Pty Ltd immediately. You may not use another person’s Account Information. Tri-Unity Life Pty Ltd may require that you change your Account Information or certain parts of your Account Information at any time for security reasons.
d. You agree to use the Services and the Materials only for purposes that are permitted by these Terms.
e. You agree not to access or attempt to access the Services by any means other than the interface provided by Tri-Unity Life Pty Ltd
3. General Disclaimer; No Medical Advice.
a. The content on the Site is general in nature, and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other Service offered by or through the Site is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
Always check with your doctor to make sure you are healthy enough to safely embark on any new fitness program.
b. Tri-Unity Life does not recommend or endorse any specific test, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. Tri-Unity Life does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by Tri-Unity Life, or other visitors to the Site is solely at your own risk. Tri-Unity Life assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Tri-Unity Life reserve the right to change or discontinue at any time any aspect or feature of this Site.
4. Ownership & Copyright.
a. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights.
b. The trademarks, logos and service marks displayed on the Site (the "Marks") are the property of Tri-Unity Life Pty Ltd or third parties. You are not permitted to use the Marks without the prior consent of Tri-Unity Life Pty Ltd or the third party that may own the Marks. Tri-Unity Life Pty Ltd and the myExercise.com.au logo are trademarks of Tri-Unity Life Pty Ltd.
5. Use of Office Health Desktop Application.
a. The 'Office Health Desktop Application' ('Appplication) that is made available via the Site is the property of Tri-Unity Life Pty Ltd. Any copying or redistribution of the Application is prohibited. The download and installation of the Application is for your own personal use only and can not be copied or redistributed.
b. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Application.
6. Use of Tri-Unity Life Pty Ltd Materials, User Content and Shared Group Content.
a. Except as indicated to the contrary in any applicable Additional Terms, Tri-Unity Life Pty Ltd hereby grants you a license to view, download and print Materials provided by Tri-Unity Life Pty Ltd ("Tri-Unity Life Pty Ltd Materials")
i. You may access and use the Tri-Unity Life Pty Ltd Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
ii. You may not modify or alter the Tri-Unity Life Pty Ltd Materials or User Content;
iii. You may not distribute or sell, rent, lease, license or otherwise make the Tri-Unity Life Pty Ltd Materials or the User Content available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the Tri-Unity Life Pty Ltd Materials or User Content.
b. Tri-Unity Life Pty Ltd reserves the right to revoke the authorization to view, download and print the Tri-Unity Life Pty Ltd Materials and User Content at any time, and any such use shall be discontinued immediately upon notice from Tri-Unity Life Pty Ltd.
7. User Conduct.
a. You agree that you, not Tri-Unity Life Pty Ltd, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services ("Make Available"), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
b. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that may be considered offensive, indecent or otherwise objectionable.
d. You agree not to use, or to encourage or permit others to use, the Site or Services to:
i. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
iv. Harm minors in any way;
v. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
vi. Make Available any Material that infringes any Intellectual Property Right of any party;
vii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
ix. Use the Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with Tri-Unity Life Pty Ltd or any Service;
x. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
xi. Use any Tri-Unity Life Pty Ltd domain name as a pseudonymous return email address;
8. Cancellation of your membership
The term of your membership to myexercise.com.au and the services, information, data and Materials is for a period of 12 months. Your membership fee is for 12months. You can not cancel your membership within that 12 month periods, however, you can choose to not access the website. After 12 months your membership will expire and access to the Services and Materials granted by your membership will cease. You will be required to gain a new 12month membership. We reserve the right to increase membership fees without prior warning.
9. Your Privacy and Use of Your Personal Information
Most importantly, we do not sell or provide your membership or personal details to any third parties.
Tri-Unity Life Pty Ltd may ask you to provide certain information about yourself by filling out and submitting a form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, Tri-Unity Life Pty Ltd may ask that you provide certain personal information (as well as certain non-personal information that may be tied to personal information), such as your first and last name, mailing address (including post code), country of residence, e-mail address, employer, job title and department, and telephone and facsimile numbers.
How your personal information is used
Tri-Unity Life Pty Ltd may collect information about the use of the Products and Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, Site pages visited, and the IP address of your computer. This information is generally collected in aggregate form, without identifying any user individually, although IP address, cookies and Session ID in relation to purchases and downloads may be tracked as part of Tri-Unity Life Pty Ltd customer order review and fraud prevention efforts.
Tri-Unity Life Pty Ltd may use aggregate, nonidentifying statistical data for improving the Site and the Products and Services, providing more relevant experiences to our customers and for statistical analysis.
Protection of your personal information
The personal information that you provide in connection with registering yourself as a user of the Site or of the Products and Services is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on secure servers that only selected Tri-Unity Life Pty Ltd personnel and contractors have access to via password. Tri-Unity Life Pty Ltd encrypts your personal information as it is transferred to Tri-Unity Life Pty Ltd and thereby strives to prevent unauthorized parties from viewing such information.
10. Community Sites - Forum and Blog
Please note that any information you post to a public bulletin board, blog or forum is available to all persons accessing that location, and your e-mail address and other personal information or content you upload may also be posted on these Community Sites. The information you share, including your email address, would then be available to all persons accessing these Community Sites, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. Tri-Unity Life Pty Ltd is not responsible for any information you elect to submit in these Community Sites or the use of such information. In addition, you should be aware that some Community Sites offer a service in which subscribers are e-mailed a copy of all messages posted to the Community Sites on a particular topic. Consequently, if you post a message to such Community Sites, your e-mail address will be sent to those subscribers who have indicated an interest in the topic of your message. If you do not wish for your personal information to be posted or distributed in this manner, you should not participate in the Community Sites.
11. Feedback.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Tri-Unity Life Pty Ltd through its suggestion, blog, wiki, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of your or of third parties; (ii) Tri-Unity Life Pty Ltd is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Tri-Unity Life Pty Ltd, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) Tri-Unity Life Pty Ltd may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes Tri-Unity Life Pty Ltd property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Tri-Unity Life Pty Ltd for the Feedback under any circumstances.
12. Links to Third Party Sites.
The Site, Services and Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Tri-Unity Life Pty Ltd to you as a convenience and the inclusion of the links does not imply any endorsement by Tri-Unity Life Pty Ltd of any Linked Site. Tri-Unity Life Pty Ltd has no control of the Linked Sites and you agree that Tri-Unity Life Pty Ltd is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
13. Modifications to Site, Services and Materials.
Tri-Unity Life Pty Ltdmay at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that Tri-Unity Life Pty Ltd shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.
14. International Users.
a. This Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that TRI-UNITY LIFE PTY LTD intends to announce such Services or Materials in your country.
b. Tri-Unity Life is based in Sydney, Australia. Tri-Unity Life make no claims the Content is appropriate or may be downloaded outside of Australia. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
15. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Tri-Unity Life, or in any way relating to your subscription to or use of the Site, resides in the courts of Sydney, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts Sydney, Australia in connection with any such dispute including any claim involving Tri-Unity Life, or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of Australia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY TRI-UNITY LIFE PTY LTD "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TRI-UNITY LIFE PTY LTD MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRI-UNITY LIFE PTY LTD OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. TRI-UNITY LIFE PTY LTD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TRI-UNITY LIFE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES.
c.TRI-UNITY LIFE PTY LTD DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. TRI-UNITY LIFE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
d. TRI-UNITY LIFE PTY LTD WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YO
16. Limitation of Liability.
a. IN NO EVENT SHALL TRI-UNITY LIFE PTY LTD , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF TRI-UNITY LIFE PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE TRI-UNITY LIFE'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRI-UNITY LIFE'S OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.