TERMS AND CONDITIONS

These Terms of Service (“Terms”) are a legal agreement between you (“User”) and Complete Performance Solutions Pty Ltd regarding your use of services available at www.gymzoonasium.com.au (the “Site”).  By using this service, you are agreeing to be bound by these terms.  If you do not agree to be bound by these terms do not use the GymZOOnasium service. If you are using the GymZOOnasium service on behalf of your school or employer, you represent that you are authorized to accept these terms on behalf of your school or employer. These terms also are a legal agreement between you and Complete Performance Solutions regarding any products purchased on the Site.  

Service Description

The “Service” is an online exercise platform designed for the use of children and for teacher training. Documents downloaded from the Site may only be distributed to students in classrooms who have current subscriptions to the Site.  Videos may not be copied or reproduced from our service.  

Health and Safety

It is responsibility of the User to ensure exercises are performed with sufficient space and Users can move freely without obstacles or obstructions. Exercises should be performed in an area free from hazards such as furniture or other hazards. The surrounding area is entirely clear to move and hazards that may increase the risk of trips or falls are removed prior to exercise. Exercises should be performed with sufficient hydration, lighting and ventilation. By performing exercises you are performing them at your own risk.  Complete Performance Solutions will not be responsible or liable for any User or student injuries or health complications.  Persons or children with pre-existing medical conditions or injuries are advised to seek approval from a Medical Practitioner prior to starting or increasing exercise.  It is the responsibility of the User to ensure their own health, safety and risk, including any children, students or persons under their care.  If you choose to use the Site, you do so at your own risk.  Complete Performance Solutions will not be held responsible or liable for any injury or harm sustained in association with the use of exercise videos, products and/or resources provided on the Site.  

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. You (the User) are responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@gymzoonasium.com.au . You may cancel your GymZOOnasium membership at any time. To cancel your recurring subscription, please visit your membership settings at www.gymzoonasium.com.au . Payments are non-refundable and there are no credits for partially used billing cycles. Following a cancellation, however, you will continue to have access to your GymZOOnasium membership through until the end of your current billing cycle.  

License

Subject to these terms and conditions, Complete Performance Solutions 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 or material made available by GymZOOnasium, for personal or classroom use only. You will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any content from the Service; (b) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (c) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service ; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service.  

Trademarks

Complete Performance Solutions owns all rights, title, and interest, including all intellectual property rights, in and to the service.  GymZOOnasium is a registered trademark of Compete Performance Solutions.  

Fees

Content offered through the Service is available to you for a fee.  The GymZOOnasium service uses a third-party 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.  Complete Performance Solutions is not responsible for any errors by the Payment Processor.  In connection with your use of the Service, Complete Performance Solutions will obtain certain transaction details, which Complete Performance Solutions will use solely in accordance with its Privacy Policy.  

Access; Modifications to the Service

Complete Performance Solutions reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice.  Complete Performance Solutions will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.  

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 GymZOOnasium website 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. Complete Performance Solutions may suspend or terminate your access to the Service at any time, for any reason. If Complete Performance Solutions suspects that you have violated any provision of these Terms, Complete Performance Solutions 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. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service.  

Recurring Billing

The membership fee will be billed at the beginning of the paying portion of your membership and each month or quarter or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.  

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 Complete Performance Solutions without restriction. Any assignment attempted in violation of these Terms is void.  

Liability

Complete Performance Solutions as well as its licensors, affiliates, and distributors will not be liable for any damages resulting from your access or use of the GymZOOnasium service.  

Indemnity

You will defend, indemnify and hold Complete Performance Solutions, 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.  

Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of the State of Queensland, Australia. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the courts in Queensland, Australia.  

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 data charges, and other fees.  

Entire Agreement

These Terms are the entire agreement between you and Complete Performance Solutions regarding your use of the Service.