Become a foundation trainer

CONTRIBUTOR AGREEMENT

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

These Terms & Conditions cover important information about the 99c.Fit Website, Program and the Subscription, and any applicable fees.

Your Agreement to upload content is governed by these Terms & Conditions as well as our Trainer Rates.

 

DEFINITIONS

For the purposes of these terms and conditions the following definitions apply:

  1. Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);
  2. Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
  3. One gender includes any other gender;
  4. Our, ourselves, us, we, refer to 99c.Fit Pty Ltd ACN 653 845 286trading as “99c.Fit” (“99c.Fit”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
  5. Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
  6. Program means collectively the 99c.Fit website and all content, products and services offered or provided via the 99c.Fit website;
  7. Subscription means the subscription with 99c.Fit entitling you to use of the Website, the Program and/or the Facebook Community;
  8. Terms and Conditions means these terms and conditions as amended from time to time;
  9. Website means collectively the website 99c.Fit, Program, products and/or services offered or provided by 99c.Fit;
  10. You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.

Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.

 

CONTRIBUTED CONTENT (TRAINERS)

  1. You retain ownership rights to your Content at all times. 
  2. By providing Content to the Service, you grant to 99c.Fit a worldwide, exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and 99c.Fit’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
  3. You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform and expressly agree not to submit or upload any Contributed Content which:
    1. advertises or promotes any services or brands (with respect to you or any third party);
    2. contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
    3. you know not to be true and honest, or which spreads false or misleading statements;
    4. you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
    5. impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
    6. contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
    7. contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
    8. constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
    9. may expose 99c.Fit or other Users to any harm or liability of any kind; or
    10. is contrary to any Applicable Laws.
  4. 99c.Fit has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion:
    1. refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or
    2. suspend or discontinue your opportunity to submit, post or upload content to the Platform
  5.  You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.
  6. If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the 99c.Fit team at support@99c.Fit.

COPYRIGHT MATERIAL 

  1. All content appearing on the Service must be owned or licensed to 99c.Fit.  This includes any background music you may wish to use as part of your content.
  2. You agree not to upload any content that contains third party material, including music, to which 99c.fit does not own outright or own the right to use. This applies regardless of whether you, the Contributor, own the content or the rights to use the content.
  3. Any content uploaded that uses any third party copyrighted material will be removed from the Service immediately.

APPROVED MUSIC 

  1. Should you wish to use music in your content, whether featured or in the background, you can subscribe to and use an approved service that allows permission for 99c.Fit for use on our site.  These details can be found on your Trainer Dashboard.
  2. Music from any other source outside of these approved services is not allowed, and any content containing any unauthorised copyright material will be removed from the service.

PRIVACY POLICY

  1. Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website.

RISK AND LIMITATION OF LIABILITY

  1. Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via support@99c.fit within 7 days of the date by which you purchased the Program for us to investigate your claim.
  2. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities for the purpose of creating your content, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

MEDICAL DISCLAIMER

  1. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
  2. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website, the Program or its products and services, is at your sole risk.
  3. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the Programs.
  4. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.
  5. You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

LIMITATION OF LIABILITY

  1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
  2. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
    (a) that is or may be harmful or disadvantageous to you or the community; or
    (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

OUR RIGHTS TO MODIFY SERVICES

  1. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.
  2. We will give you notice of any changes, for instance by:
    (a) publishing them on our website or
    (b) writing to the address (post or email) you last gave us.
    (c) The most up-to-date terms and conditions always apply.
  3. You agree that we may transfer, assign, license or deal with our interest in the Website, Facebook Community, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by clause 63.

CONTRIBUTOR PAY-OUT RATES

  1. Each paid view of your provided content by a member of 99c.Fit will earn you a fixed share of the revenue, as detailed in your Trainer Payout Agreement.
  2. From time to time 99c.Fit may undergo certain promotions where the cost of a session may be discounted or provided at no charge, in which case you will receive a pro-rata pay-out at the same ratio for those views.
  3. If the charge is higher (eg. for a Guest Session) the Trainer will receive the same fixed amount.
  4. When the member purchases a session within Australia, their payment includes GST of 10%. For example, a 99c charge is actually only 90c, with 9c tax. In this instance, the Trainer and 99c.Fit share that taxation cost 50/50. For example, if the Trainer is a Foundation Trainer and normally gets paid 50c per session, when an Aust Resident purchases a session, the Trainer would receive 45c. This only applies to Australian Resident Members.  

JURISDICTION

  1. These Terms and Conditions are governed by the laws of South Australia, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

INDEMNITY

  1. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
  2. You are liable for all content posted by you on any social media platform.
  3. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on social media or in relation to the Website or that by your actions of conduct.
  4. You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.

GENERAL

  1. Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
  2. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

INFORMATION PROVIDED ON WEBSITE

  1. All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
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