BETWEEN:      NAVASH PTY LTD A.C.N. 600 464 668 (“us, our, we, the Owner”)

AND:                THE USER OF THIS WEBSITE (“you, your, Coach, Seller, Client, Buyer”)

This Website (wellactiveapp.com.au) (referred to in these Terms of Access as the Website) is owned and operated by Navash Pty Ltd A.C.N. 600 464 668 (‘the Owner’) on the World Wide Web (WWW). These Terms of Access is an agreement between you and the Owner. The Website is available for use by you and by accessing this Website and by continuing to provide information about you, your product or service, you agree to the terms and conditions set out below.

This Website introduces anyone seeking or offering health, fitness or wellness services. A ‘Coach’ or ‘Seller’ is a person offering health, fitness or wellness services and a ‘Buyer’ or ‘Client’ is anyone seeking health, fitness or wellness services. The website enables Coaches to create and sell their ‘services’ as one off items and allows buyers to purchase those services.

1.Use of material on the Website

1.1 Generally

a) You may not use the Website, or the material contained on it, for any purpose other than what is contained in these Terms of Access. This includes but is not limited to:

  1. the reproduction of the material in any material form;
  2. the reproduction of the material in any material form;
  3. the distribution of the material in any material form;
  4. re-transmission of the material by any medium of communication;
  5. uploading and/or reposting the material to any other site on the WWW;
  6. “framing” the material on the Website with other material on any other WWW site.

b) You may not modify or copy:

  1. the layout of the Website; or
  2. any computer software and code contained in the Website.

c)The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

  1. re-sold and/or re-distributed in any material form;
  2. stored in any storage media; and/or
  3. re-transmitted in any media,

without the prior written consent of the Owner.

1.2Links to other Websites

a)The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

b)In relation to the other sites on the WWW, which are linked to the Website, the Owner:

  1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
  2. is not responsible for the material contained on those linked sites.

1.3Disclaimer

a)The Owner is making the Website available for others to publish their own personal or business information. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or viability or otherwise, of the information contained on the Website and/or linked sites on the WWW.

b)To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:

  1. the accuracy, authenticity, reliability, viability or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
  2. merchantability or fitness for any particular purpose of any service or product contained or referred to on the Website and/or on any linked sites.

c)The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of (including but not limited to) you:

  1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
  2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

d)The Owner is not liable to you for:

  1. errors or omissions in the Website, or linked sites on the WWW;
  2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
  3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of the Owner, its employees, independent contractors, buyers, sellers or any other third party user or through any other cause

1.4Use of information gathered

a)The Owner and/or people authorised by it may gather and process the information:

  1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
  2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

b)The Owner may authorise others to offer you goods and services using the information acquired through paragraph (a).

1.5Termination of access

  • The Owner may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Website.

1.6Removal of information

  • In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

1.7Alteration of Terms of Access

  • The Owner may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Website.

a)with or without further notice to you; and

b)without giving you any explanation or justification for such change.

It is your obligation to regularly check and satisfy yourself in respect of these Terms of Access.

1.8Relevant jurisdiction

a)If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions;

b)These Terms of Access will be governed by and interpreted in accordance with the law of Queensland;

c)You agree to the jurisdiction of the Courts of Queensland to determine any dispute arising out of these Terms of Access.

2.Information about you, your product or service

2.1Uploading information

  • By accessing this Website you give certain warranties in relation to any material and/or information you provide to the Website. You warrant that:

a)you are authorised to provide the material and/or information;

b)the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

c)the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

d)the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

e)the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

3.Registration

3.1Registration Terms

a)To use the Website you must register as a Seller (Coach) or Buyer (Client). By registering you agree to accept these terms of access, registration is free;

b)You are responsible for managing your account, your account is non-transferrable and may not be sold, combined or otherwise shared with any other person;

c)You undertake to not disclose to any person another user’s personal information without obtaining that user’s consent.

d)You understand and agree that the Owner its contractors, employees and agents are not responsible for the services that you agree to purchase using this website nor is the Owner, its contractors, employees and agents responsible for the service provided including but not limited to the customer services, the nature, the content and quality of the service;

e)The Owner reserves the right to refuse, suspend or cancel your account without notice. You have the right to close your account should you wish to do so at any stage by sending a notice of termination in writing to the Owner of your intention to cancel;

3.2Requirements for your use of the Website as a Seller / Coach

  • By accessing this Website you warrant that:

a)All information you place on your account will be an accurate representation of your service. You will not falsely claim to be experienced in service categories where you have no qualification, certification, insurance and industry memberships;

b)You will not use this Website if you are under the age of 18 or the Owner has cancelled your account and/or you are temporarily or indefinitely suspended from using the Website;

c)You will honour the offer of service to the Buyer as detailed in your offer of service description;

d)You will be available to provide the service offered to the Buyer; and

e)Upon completion of your agreed service, you will provide an honest rating and feedback to the Client on the Website.

3.3Requirements for your use of the Website as a Buyer / Client

  • You warrant that:

a)You will only enter accurate information in your profile in accordance with these terms of access;

b)You have satisfied yourself as to the validity of any Coach’s qualification, certification, insurance and industry memberships before purchasing a service;

c)You agree to make payment for the service at the time of purchase;

d)You agree to the terms of any service you choose to purchase; and

e)Upon completion of your agreed service, you will provide an honest rating and feedback to the Coach on the Website.

3.4Fees and Payment

a)Coaches (Sellers) will be responsible for all fees associated with uploading and purchasing of services;

b)Coaches will be charged a 20% commission fee of the service value, which the Owner will deduct from the service payment made by the Buyer;

c)Clients (Buyers) accept that payment for a service must be made at the time of purchase;

d)The Owner reserves the right to change fee structure and introduce fees at any time. Should fees be introduced, you will be notified in writing by the Owner.

e)All payments processed on the Website are processed using a secure third party service provider;

4.Licence to use intellectual property

  • You grant the Owner a licence to:

a)reproduce and use your Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and

b)allow the Owner to sub-licence others the same rights granted to the Owner in 4(a) above.

5.Limit of liability

  • The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly from using the Website. To the maximum extent permitted by law the Owner does not give any warranty in relation to the content, accuracy or any other aspect of:

a)any material and/or information supplied in respect of the Website; and

b)removing any material and/or information from this Website;

c)the performance of the Website.

6.Indemnity

  • You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (“Those Indemnified”) from and against any liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

a)any breach of these Terms of Access by you; and

b)publication of or distribution of the material and/or information supplied by you.