Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF USE
REPN Pty Ltd A.B.N. 15 640 652 339 is the owner and operator this website. By accessing and or viewing this website, including under taking any of the following acts you agree to be bound by these terms and conditions (the 'Terms'):
- expressly accepting these Terms at any time, for example by clicking “I Accept” or “Proceed” or "Click here" or any other clearly indicated activation phrase on your computer or other device;
- downloading any of our digital applications (App) or any upgrade to an App offered from time to time; or using the website.
At all times you acknowledge and agree that these Terms:
B. govern the use of all aspects of this website and all Apps so it is important that you read these Terms carefully, and you hereby acknowledge and accept that there is no defence by not having read these Terms.
1. Terminology, Privacy and data
1.1 In these Terms, the expressions “we”, “us” and “our” are a reference to REPN Pty Ltd A.B.N.
15 640 652 339 and its associated entities or affiliates.
1.2 When you visit our website or our Apps you acknowledge and agree that:
a. our internet service provider makes a record of your visit and logs your private information for our purposes and
b. We examine and use this information to improve and advance our service and systems and for the future benefit of our business interests and
2. Variation of these Terms
2.1 You acknowledge that at any time we may amend, modify, vary or otherwise update these Terms at any time and we must use our reasonable efforts to notify you of those changes.
2.2 We may give such notice by posting updated Terms on the website and using our reasonable efforts to draw them to your attention including emailing those to you, at our discretion. Your continued use of the website and/or any App constitutes an agreement by you that you accept these Terms and accept and acknowledge any subsequent modification of these Terms.
3. Your rights under law
3.1 Your use of our website and our Apps will be subject to certain laws including, without limitation, the Australian Consumer Law and the Privacy Act.
3.2 TheAustralian Consumer Law provides you with certain rights that cannot be excluded, including that services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the law of NSW, Australia (including the AustralianConsumer Law) which cannot by law be excluded, restricted or modified.
4. Linked websites
4.1 This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We shall not be held responsible in any manner for the content of any link websites.
4.2 We are not responsible for the content or privacy practices associated with any linked websites Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we explicitly specify otherwise.
4.3 Our website may contain links to other sites ( 'Third Party Sites') with whom we have association or business dealings. Please note that we are not responsible for the privacy practices or the content of those Third Party Sites. We therefore strongly encourage you to read the privacy statements of each ThirdParty Site before submitting any of your personal information.
5. Information and feature available on the website
5.1 All tools, features and information provided by us are provided in good faith and resemble the true facts as they are reasonably known to us at that time.
5.2. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
5.3 You must always see your own independent expert advice and you must not rely upon the contents of our website or our App for factual purposes.
5.4 In addition, we do not make any representations, undertakings or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website.
5.5 Our website does not purport to provide you with any expert advice, information or reference or health or fitness advice of any kind. The information available on our website does not take account of your particular requirements or circumstances. We recommend that you seek independent advice prior to acting on any information available via the website.
6.1 Subject to clauses 6.2 and 7, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.
6.2 To the extent permitted by Australian law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
i. if the breach relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and
ii. if the breach relates to services:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
7. Exception to disclaimer
This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner.
8. Specific warnings
8.1 You must take your own precautions to ensure that the process which you employ for accessing our website and or our App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
8.2 We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
8.3. For the avoidance of doubt you agree to indemnify us and to keep us indemnified as and against all and any damage interest loss or costs associated with your use of our Website or our App.
9.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:
a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
b. commercialise any information, products or services obtained from any part of this website;
9.2 without our written permission or, in the case of third party material, from the owner of the copyright in that material.
10. Trade marks
10.1 Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
a. You must not use any of our trade marks in reference to our activities, products or services without our prior written and express consent,,
b. If we give you permission, at our sole discretion, you must include a statement attributing that trade mark to us.
c. You must not use any of our trade marks:
i. in or as the whole or part of your own trade marks;
ii. in connection with activities, products or services which are not ours;
iii. in a manner which may be confusing, misleading or deceptive;
iv. in a manner that disparages us or our information, products or services (including this website).
d. You must seek permission to use third party trademarks directly from the owner(s) of those trade marks.
11. Restricted use
Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bonafide personal use.
- You agree that you will not (either yourself or via a third party):
- Use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;
- Use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
- Use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
- Use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
- Take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;
- Reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or
- Copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.
- Copy, reproduce or use any of the contents of our website or our App for your own benefit and use without our prior written consent which may be determined in our sole discretion.
12. Security of information
You must indemnify us, our employees, agents, consultants, Licensees and contractors against any claim by a third party arising out of:
a. your breach of these Terms;
b. your use of this website and our Apps,
c. your use of any links to third party websites or material on those websites; or
d. your use of the material on our website or obtained via our Apps.
14. Termination of access
Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these Terms which by their nature continue after termination, nevertheless survive any such termination.
15. Governing law
- These Terms are governed by the laws in force in New South Wales Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
- You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
- This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
a) If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
b) If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining
c) Terms will nevertheless continue in full force.
17. Your Physical conditions
You understand and acknowledge that:
a) there are risks and dangers associated with the strenuous exercise and nature of the physical activities that form part of the services which we provide that may include injury, illness or a disability and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death.
b) You assume all risks of harm or injury and responsibility for damages, injuries, disabilities, losses, expenses and economic conditions.
c) You will obtain independent medical advice before engaging in any activities referred to on this website or our App and that you have complied with that medical advice.
d) You will give us all relevant health information as soon as practicable and that until we have been expressly advised of same, in writing, and that you will not participate in the activities.
e) You will not mislead or deceive us and that you will comply with all reasonable directions that we give to you.
f) We can give you no assurance, guarantee, representation, promise or undertaking of any health or physical outcomes associated with your use of our website, our App or our physical programs, including no guarantee as to weight-loss, weight gain, body mass, body composition, health, well being or other physical outcomes or at all.