qfit^®: Terms of Use

Introduction

By accessing qfit.tv (the Site) and/or by completing the qfit Registration Form or otherwise transacting any business with Quaetapo Media Pty Ltd (QM), including through this Site, you agree to abide by these Terms of Use. QM also has a privacy policy explaining the way we deal with information you give us. The terms of that policy are incorporated into this agreement by reference.

We have summarised the key elements of the Terms of Use immediately below.

• qfit is a personal fitness and training application providing structured Workout Plans (the Plan). You engage with the Plan using your mobile telephone, PDA, or computer or similar device after purchasing a Plan or Application from the Site.
• To purchase the Plan or the Application you must establish your Membership. During the currency of your Membership you may access the Site to purchase Workout Plans and access the knowledge base accumulated in the Site, in video, audio and text materials.
• Despite the care we take to deliver appropriate Workout Plans for you, you take all responsibility for your own health and fitness, the choices you make when purchasing the the Plan and the actions you take when using the Plans. You voluntarily accept all risk involved in using the Plans or products.
• QM accepts no liability for any injury or damage suffered by you as a result of your use of the Plans or Products or this website and you indemnify Quaetapo, its officers, employees and agents from any such liability.
• You promise to use the Products on the terms set out in this Terms of Use.

For a PDF copy of the full Terms of Use click here.

(a) These terms form the Terms and Conditions of your use of the Service. By completing the “qfit Registration Form” (qfit Registration Form), you expressly agree to be bound by these Terms of Use, and your continued use of this website and the Service constitutes an acknowledgment that you accept and agree to be bound by these Terms of Use.

(b) Should you object to any of the Terms of Use(including any subsequent modifications) or become dissatisfied with the Service in any way, you may immediately:

• (i) discontinue your use of the Service; and
• (ii) terminate your account by notifying us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

(c) We reserve the right to amend the Terms of Use at any time without notice. Any changes will be posted in the Terms of Use on this Site and will be effective on the date on which they are posted. Because these Terms of Use may change over time, and you will remain bound by them in whatever form they may be in. You are urged to review these Terms of Use on this Site periodically. We reserve the right to terminate any or all of the Service or this Site without prior notice.

(d) In these Terms of Use:

• Applications means the iPhone software containing the qfit Programs and Materials.
• Fees means all fees, costs and charges accruing to QM from your use of the Service.
• Licence is the limited licence to use the Materials granted in Section 3 of these Terms of Use.
• Materials means text, designs, music, performances, video and other cinematographic images and photographs and artistic works used in connection with the Service.
• Intellectual Property Rights means copyright, design rights, patents and trade-marks, and related subsidiary and secondary rights arising out of the creation or exploitation of the Materials.
• Members are natural persons who have established a Membership. Members are not wholesale or commercial users of the Service.
• Membership describes the legal relationship between Members and Quaetapo Media Pty Ltd for the use of the Service in accordance with these Terms of Use.
• Products means any the Workout Plans, third party products offered for sale or the Application.
• Plans means the fitness training or workout plans available for purchase from the Site by Members.
• QM, we, us and our are, and refer to Quaetapo Media Pty Ltd.
• Service means the service conducted under the trademark “qfit” provided by QM providing health and fitness information and Products and Materials for the personal use of Members.
• Site means the website at qfit.tv

Purpose

(a) The purpose of the Service is to develop and deploy best-practice methodologies in remotely administered fitness and training Workout Plans.

Account Information

(b) To access the Service you must establish a Membership by completing the qfit Registration Form, at which time you will be issued with a user name and password. You must keep your user name and password confidential and must not reveal your password to any one. You are entirely responsible for any and all activities that occur under your Account and we will not be liable for any damage incurred as a result of the unauthorised use of your user name or password.

(c) You agree to notify us immediately in the event of any unauthorised use of your Account or any other breach of security. This can be done by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Communications from Us

(d) We reserve the right to contact Members via an administrative email regarding changes to our Products that affect Members, to ensure continuing operation of our Site. We reserve the right to send these messages whenever an important update to our existing products and services or a new product, feature or functionality becomes available.

Delivery and operation of Service

(e) Details about the way the Service operates are available to Members throughout the Site. Members must familiarise themselves with the operation of the Service and if they have any queries, direct them to QM using the communication methods made available to them on the Site. The Service may include regular delivery of new Products and Materials.

License

(a) Subject to the terms and conditions of these Terms of Use, QM grants you a non-transferable, worldwide, non-exclusive right to use the Products and the Materials solely for your own personal, non-commercial use. The Materials may be copied into the cache of a hard drive on a single computer in the process of transferring the Materials. The rights granted hereunder constitute a license, not a sale, of the applicable Materials.

Restrictions on use of Materials

(b) You agree that you must not, nor will you authorise or permit others to:

• (i) reverse engineer, decompile or disassemble any software elements of the Products or otherwise attempt to discover the source code of the software elements of the Products;
• (ii) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or make available on a service bureau, or otherwise assign to any third party the Products or Materials or any of your rights to license the Materials,
• (iii) modify the Products or the Materials or create any derivative works based on the Products or Materials; or
• (iv) circumvent any encryption or other security tools used anywhere in the Plans, Products, or the Site.

(c) Except as expressly authorised in this Licence, the Products and the Materials must not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Dealing with QM’s Intellectual Property Rights in any way, including but not limited to the use of Materials or Products on any other website or networked computer environment or by transmission of the Materials over any delivery system, whether to subscribers to a diffusion service or to the general public or any other person without express written authorisation is a violation of QM’s copyrights and other proprietary rights and is strictly prohibited.

Remedies

(d) In addition to all other rights and remedies available to QM at law or in equity, any breach of the Licence by you (or any third party to whom you have provided access to the Plans, Materials or the Products) will constitute a material breach of these Terms of Use and QM will be entitled to immediately terminate this Agreement and all rights granted under these Terms of Use, and to seek any and all appropriate remedies, including but not limited to injunctive relief.

(a) In consideration of your Membership, the License, your purchase of the Products and your continuing use of the Service, you agree to pay QM all applicable Fees, calculated as, and in the denomination, set out in the Site. QM may increase the Fees from time to time in its absolute discretion.

(b) Fees and other charges set out in the Site do not include any federal, state, or local sales, use, value-added, property, excise, withholding or other taxes, customs or duties applicable in the jurisdiction of the download. Any taxes or amounts in lieu thereof paid or payable by QM in respect of any such taxes on such fees or charges (except any taxes on profits) will be added to your fees as an additional charge, which shall be due within 30 days after an invoice is given to you for any such fees.

(C) All sales are final and no refunds are offered.

You assume risk associated with use

(a) You acknowledge and agree as follows:

• (i) The information provided in this program is based on general considerations about human health. Your choice of Product and decisions made by you while following any Plan must be based on your own individual circumstances.
• (ii) The Service is for your information only and does not constitute a recommendation or representation by QM that any Product is suitable for your purposes or for any purpose.
• (iii) You voluntarily assume the risks associated or arising from your use of the Product.

QM not liable for computer damage

(b) You also acknowledge and agree that QM will not be liable to you or any third party for any loss or damage to your computer system, handheld device or any other storage or playback device used by you to store or display the Products.

Warranty by Member

(c) You warrant that:

(i) you have yourself made an assessment about the suitability of the Plans or Products for your purposes; and

(ii) have:

• 1. consulted a suitably qualified medical practitioner before undertaking any activity in connection with the Products; or
• 2. chosen not to consult a medical practitioner before undertaking any activity in connection with the Service despite this express recommendation by QM that all Members obtain medical advice relevant to their use of the Products.

Indemnity by Member

(d) You agree to indemnify and hold QM, its related bodies corporate, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or rising out of your use of the Products, the Service, your Membership, this Site or your breach of these Terms of Use.

(a) As a condition of your use of the Service, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any other terms, conditions or notices appearing anywhere on the Site. You agree to abide by all applicable laws and regulations in this regard. In particular, you agree not to:

• (i) use, post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law including any information or material which QM consider does or is likely to damage the business or reputation of QM;
• (ii) use, post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works, without first obtaining permission from the owner or relevant right holder;
• (iii) use, post or transmit any material of any kind which contains a computer or software corruption (virus) or other harmful component;

(b) QM does not have any obligation to monitor any person's use of the Site. However QM reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. If you are found to have committed any such act your Membership will be terminated and you may be prosecuted for any damages, losses and costs incurred.

Cancelling your Membership

(a) You may cancel your Membership at anytime by notifying QM by:

• (i) following the instructions set out at “Modify Your Account” page on the Site;
• (ii) ordinary post to the address set out at the bottom of these Terms of Use; or
• (iii) email notification to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

30 days in advance of the effective termination date. All fees payable until the effective termination date must be paid prior to termination.

Termination of Use

(b) QM may terminate your Membership without prior notice for any breach of these Terms of Use.

The information and materials contained in this Site (including these Terms of Use) are subject to change without notice. We may discontinue or make changes in the content of this Site and the Service at any time. Any dated information included in the content of this Site is published as of its date only, and we will not have any obligation or responsibility to update or amend the information. We reserve the right to terminate any or all of the Service or this Site without prior notice.

The Service and the Products are provided without any express warranties or guarantees, unless specifically stated, and, to the extent permitted by law, without any implied warranties or guarantees.

(a) QM and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act of the Commonwealth of Australia or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise QM excludes all conditions and warranties that may be implied by law. To the extent permitted by law, QM’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at QM’s option, to:

(i) in the case of services supplied or offered by QM:

1. the re-supply of those services; or

2. the payment of the cost of having those services re-supplied; and

(ii) in the case of goods supplied or offered by QM:

1. the re-supply of those goods; or

2. the payment of the cost of having those goods re-supplied.

(b) You expressly agree and understand that in no circumstances will QM or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages of whatever nature howsoever arising (including but not limited to any act or omission by QM or its related bodies corporate) which result from:

(i) the use of or access to or any inability to use or access the Service or any material on the Site; or

(ii) unauthorised access to or alterations of your transmissions or data.

(c) Excluding liability for negligence the maximum liability of QM is equivalent to the total of any amounts you have paid to QM in respect of goods or services supplied to you by QM.

(a) This Site and the Service are controlled and/or operated by QM from its offices within the State of New South Wales, Australia. QM makes no representation that materials in this site are appropriate or available for use in other locations outside New South Wales in Australia. Unless otherwise expressly stated, advertising and related materials used or made available through this site or otherwise linked to this site are intended only for presentation within Australia, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by Australian law.

(b) These Terms of Use, access to and use of this Site and the terms of any disclaimer of warranties and liability are governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia.

Acceptance

By submitting an application for use of the Service you agree that you understand and will be bound by these Terms of Use and all other terms and conditions relating to the Service contained on the Network.

12. qfit® is a service of Quaetapo Media Pty Ltd PO Box 573 Potts Point NSW 1335 Australia