Terms of Use — OT GYMS

OT GYMS - Growing Young Minds & Skills

ABN: 90408288299

This website is operated by OT GYMS - Growing Young Minds and Skills (ABN 90408288299) It is available at: www.otgyms.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our website, you agree to the ‘Terms of Use’ and ‘Privacy Policy’ (available on our website). Please read these Terms of Use carefully and immediately cease using our website if you do not agree to them.

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 We do not undertake to keep our website up-to-date and we are not liable if any content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

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

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

(b) using our website to defame, harass, threaten, menace, or offend any personal;

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

(e) using our website to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our website, including the content, in any way that competes with our business.

Information: 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.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our website and all of the content. Your use or our website 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 website or the content. You must not:

(1.a) copy or use, in whole or in part, any content;

(1.b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any content to any third party; or

(1.c) breach any intellectual property rights connected with our website 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.

Third party sites: Our Site may contain links to websites operated by third paties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, 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 website or the content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

Limitation of liability: To the maximum extend 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 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.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set our in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms Of Use, 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 website and these Terms are governed by the laws of NSW. You irrevocably submit to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website 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 website.

For any question and notices, please contact us at:

OT GYMS 90408288299

Email: admin@otgyms.com.au

Last Update: 17.10.2022