Terms and Conditions

PARC Your Way Terms and Conditions of Use

TERMS OF USE IN SUMMARY

At PARC, we want to keep it simple. Below are our legal terms of use of our site at length. But, to make it easy for you, here is a summary.

By accessing our site, you agree:

- To our Privacy Policy and Terms of Use;

- To access, use and treat the site, content, and presenters fairly and correctly;

- PARC has access to use your details to market to you in future;

- The classes and workout are provided to help keep you healthy and fit, but it’s up to you to exercise within your own limits; and

- PARC owns all the IP and site content, and therefore you will not use the content or information on the site in any other way than to participate in exercise and well-being activities.

TERMS OF USE AT LENGTH

Registration: PARC Your Way and the associated website www.parcyourway.com.au (Site) is operated by Peninsula Leisure Pty Ltd trading as Peninsula Aquatic Recreation Centre ACN 160239770.

Consent: By accessing and/or using our Site, you agree to these Terms of use and our Privacy Policy available on our site.

Terms: Please read these Terms of use carefully and immediately cease using our Site if you do not agree to them.

Licence to use our Site

When you sign up to use our site, we offer your free world-wide access to our Content. We may, in time, cease offering free access. We will notify you via email and SMS if that is the case, and you can cancel at any time.

Subscription Fees

At this time, we are not charging any subscription fee. We may, in time, cease offering free access. We will notify you via email and SMS if that is the case, and you can cancel at any time.

Variations to terms or content

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Ending access and removing content

We reserve the right to, without notice and for any reason deemed appropriate by us:

• terminate your access to the Services;

• remove any information or other content from the Services;

• prevent access to the Services by you or any other user or group of users; or

• intercept, remove or alter any content stored on the Services.

• Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

2. using our Site to defame, harass, threaten, menace or offend any person;

3. interfering with any user using our Site;

4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

5. using our Site to send unsolicited email messages;

6. use our content and re-brand or use it as your own;

7. use the content on our site for your own commercial gain; or

8. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business. [No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.]

Your lost or stolen information

You must not share your username or password with anybody, and you should keep these secure. Please notify us promptly email marketing@parcfrankston.com.au if your user name or password is lost, stolen or used without permission. Upon notice, we will cancel that username or password and update our records accordingly. We recommend that different passwords are used for all of your online accounts.

Information / Exercise within your limits

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice.

While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

It is your responsibility to exercise within your limits. By participating in this workout, you assume all risk of injury to your person or property. If you are pregnant or have any injuries or health concerns it is recommended you speak to your health professional before participating, and always move in a way that is safe for you.

Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider. PARC Your Way, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

PARC Your Way is not a substitute for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

1. copy or use, in whole or in part, any Content;

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Linked Sites

The site may contain links to other websites. We are not responsible for the reliability of the content or privacy practices of such other websites.

Our site may also contain social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are also governed by the privacy policy of the company providing it.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

2. access will be uninterrupted, error-free or free from viruses; or

3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact Us

To exercise your opt-out privileges, access your user information, obtain more information about this Privacy Policy or advise us of other matters regarding your experiences with PARC Your Way or the site, please contact us by email marketing@parcfrankston.com.au