These Terms are binding on any use of the Service and apply to You from the time that PT BIZ PTY LTD provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms.
These Terms were last updated on 1st March 2016.
“Application” means the mobile application (“App”).
“Client (s)” means the client of a personal trainer.
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
“Data”means any data inputted by You or with Your authority into the App or Website.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Personal Trainer” means the Subscriber. A personal trainer is a fitness professional involved in exercise prescription and instruction to “Clients”.
“PT BIZ Pty Ltd” means PT BIZ Pty Ltd ACN 169 747 282 a company registered in Adelaide, South Australia.
“PT BIZ” means a mobile application available via iTunes and Play Store and is provided by PT BIZ Pty Ltd.
“Service” means the business administration, personal finance management and payment services made available (as may be changed or updated from time to time by PT BIZ PTY LTD) via the App.
“Subscriber” means the legal person who registers to use the Service, a gym or a “Personal Trainer”.
“Transaction Fee” means the fee charged for transactions processed in the App.
“You” means the Subscriber. “Your” has a corresponding meaning.
2. USE OF SOFTWARE
3. YOUR OBLIGATIONS
b.PT BIZ PTY LTD reserves the right to modify its fees and to introduce new charges at any time, upon at least 15 days prior notice to Subscriber, which notice may be provided by email or posted on the PT BIZ Site or application.
c.Subscriber agrees to provide and maintain to PT BIZ PTY LTD complete and accurate bank account details and contact information. This information includes Subscriber’s legal name, bank account and billing address, email address, name and telephone number of an authorized billing contact. Subscriber agrees to update this information immediately upon change to it. If the contact or billing information Subscriber has provided is false or fraudulent, PT BIZ PTY LTD reserves the right to terminate Subscriber’s access to the Service in addition to any other legal remedies.
d.If you dispute any transaction that has occurred, you must notify PT BIZ PTY LTD immediately. PT BIZ PTY LTD will respond to your dispute within 7 working days and will immediately refund the amount of the transaction, if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, you should contact your financial institution.
e.It is your responsibility to provide and to ensure that your nominated account is available for PT BIZ PTY LTD to deposit any funds we collect from your clients. If it is not, it is your responsibility to provide PT BIZ PTY LTD with a new account number and details. Failure to do so may result in delays in the receipt of funds
2. General obligations: You must only use the Service, App and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by PT BIZ PTY LTD or condition posted on the Website.2. Access conditions:
a. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify PT BIZ PTY LTD of any unauthorised use of Your passwords or any other breach of security and PT BIZ PTY LTD will reset Your password and You must take all other actions that PT BIZ PTY LTD reasonably deems necessary to maintain or enhance the security of PT BIZ PTY LTD’s computing systems and networks and Your access to the Services.
ii. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or App or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website or App;
iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
iv. not transmit, or input into the App or Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the App or Website except as is strictly necessary to use either of them for normal operation.
4. Communication Conditions: As a condition of these Terms, if You use any communication tools available through the App (such as any emails, or SMS), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the App, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
5. Indemnity. You indemnify PT BIZ PTY LTD against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to PT BIZ PTY LTD, including (but not limited to) any costs relating to the recovery of any Transaction Fees that are due but have not been paid by You.
4. CLIENT OBLIGATIONS
2. PT BIZ uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. In connection with your use of the Service, PT BIZ PTY LTD will obtain certain transaction details, which PT BIZ PTY LTD will use solely in accordance with its Privacy and Cookie Notice.
3. If you dispute any transaction that has occurred, you must notify PT BIZ PTY LTD immediately. PT BIZ PTY LTD will respond to your dispute within 7 working days and will immediately refund the amount of the transaction, if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution.
4. It is your responsibility to ensure that on the due date funds are to be deducted from your account that you have adequate funds available. PT BIZ PTY LTD shall not be held responsible for any fee or charges you occur for being over your credit card limit.
5. CONFIDENTIALITY AND PRIVACY
b. Each party’s obligations under this clause will survive termination of these Terms.
c. The provisions of clauses 5.1.a and 5.1.b shall not apply to any information which:
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.
6. INTELLECTUAL PROPERTY
2. Ownership of Data: Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the PT BIZ Transaction Fees when due. You grant PT BIZ PTY LTD a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data: PT BIZ PTY LTD adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. PT BIZ PTY LTD expressly excludes liability for any loss of Data no matter how caused.
4. Third-party applications and your Data. Your Data as required for the interoperation of such third-party applications with the Services. PT BIZ PTY LTD shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
7. WARRANTIES AND ACKNOWLEDGEMENTS
2. Acknowledgement: You acknowledge that:
b. PT BIZ PTY LTD has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the App on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
ii. You are responsible for authorising any person who is given access to information or Data, and you agree that PT BIZ PTY LTD has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
iii. You will indemnify PT BIZ PTY LTD against any claims or loss relating to:
i. PT BIZ PTY LTD’s refusal to provide any person access to Your information or Data in accordance with these Terms,
ii. PT BIZ PTY LTD’s making available information or Data to any person with Your authorisation.
d. PT BIZ PTY LTD does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. PT BIZ PTY LTD is not in any way responsible for any such interference or prevention of Your access or use of the Services.
e. PT BIZ PTY LTD is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
f. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
g. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
4. Consumer guarantees: You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
2. If You suffer loss or damage as a result of PT BIZ PTY LTD’s negligence or failure to comply with these Terms, any claim by You against PT BIZ PTY LTD arising from PT BIZ PTY LTD’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 9.
b. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
b. Suspend for any definite or indefinite period of time, Your use of the Services, App and the Website;
c. Suspend or terminate access to all or any Data.
d. Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
4. Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
b. immediately cease to use the Services and the Website.
10. HELP DESK
2. Service availability: Whilst PT BIZ PTY LTD intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services, App or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason PT BIZ PTY LTD has to interrupt the Services for longer periods than PT BIZ PTY LTD would normally expect, PT BIZ PTY LTD will use reasonable endeavours to publish in advance details of such activity on the Website.
11. PAYMENTS AND ACCOUNTS
3. If excessive transactions are processed on a client’s credit card this may be seen as fraudulent activity. The funds may be withheld and suspension may be placed on your account. Until such time an investigation has been completed.
4. Any credit/debit card payment a Personal Trainer processes through PT BIZ for a Client shall incur fees and charges. Refer to the homepage for current rates.
5. PT BIZ PTY LTD requires your bank account details in order to transfer the funds revived by your clients.
2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
4. No Assignment: You may not assign or transfer any rights to any other person without PT BIZ PTY LTD’s prior written consent.
5. Governing law and jurisdiction: The laws of South Australia governs this Agreement and You submit to the exclusive jurisdiction of the courts of the State of South Australia for all disputes arising out of or in connection with this Agreement.
6. Contract Management: PT BIZ PTY LTD is not responsible for providing or enforcing any client and personal trainer contracts.
7. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
8. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to PT BIZ PTY LTD must be sent to firstname.lastname@example.org or to any other email address notified by email to You by PT BIZ PTY LTD. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
9. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.