Terms & Conditions.
1. Overview
1.1 The material on the AUSactive Limited ABN 51 131 422 403 (AUSactive), under the domain name ‘ausactive.org.au' website (Website) resides on a server in the state of New South Wales, Australia. This Website is offered to you conditional upon your acceptance of these terms and conditions and the associated Privacy Policy (Terms and Conditions).
1.2 We may change the Terms of Conditions at our discretion and without notice. A version of the current Terms of Conditions will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Conditions as they apply from time to time.
1.3 By using and accessing this website, you agree to these Terms and Conditions. If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
2. Definitions and Interpretations
2.1 Definitions:
(a) Accreditation Date means the effective date that we grant accreditation under clause 5.12.
(b) Accreditation Period has the meaning ascribed to that term in clause 5.18.
(c) Accredited AUSactive Professional means an AUSactive Professional with additional standards-based assessed knowledge and validated industry experience.
(d) Agreement means the agreement formed between us and you on these Terms and Conditions.
(e) Application has the meaning ascribed to that term in clause 5.3.
(f) Approved CPD Provider means a person or body that has been approved by us to provide an Approved CPD Program which is an education or training program, event, module course or assessment, in whatever form, approved by us.
(g) Assessment Period has the meaning ascribed to that term in clause 5.6(b).
(h) AQBA Assessment has the meaning ascribed to that term in clause 5.9(c).
(i) AQBA Assessor means a person endorsed by us to perform AQBA assessments.
(j) AQBA Brand means the words, tagline and logos set out in the AQBA Handbook.
(k) AQBA Handbook means the document titled ‘AQBA Handbook’ containing any other requirements, policies and procedures in applying for, renewing and maintaining accreditation, as prescribed and amended by us from time to time.
(l) AQBA Improvement Program means the program for accredited fitness business developed by us.
(m) AQBA Intellectual Property means:
(i) the trade marks, trade names or logos owned or licensed by us which we authorise you to use as an accredited fitness business;
(ii) all intellectual property rights in the corporate name “AUSactive”;
(iii) any registered or unregistered product or service names owned or licensed by us;
(iv) all copyright in the materials, documents, programs or other items provided to you as an accredited fitness business or as part of the AQBA Brand;
(v) all trade mark, copyright, designed or other intellectual property rights owned or licensed by us relating to an accredited fitness business;
(vi) our website and domain name; and
(vii) all inventions and discoveries made by us.
(n) AQBA Program means the program that you must participate to be granted accreditation.
(o) AUSactive National Quality Business Framework means the document titled ‘AUSactive National Quality Business Framework’ containing the criteria for accreditation, as prescribed and amended by the Australian Fitness Industry Standards Council from time to time.
(p) AUSactive Brand is limited to the words, tagline and logos set out in the AUSactive Branding and Advertising Guidelines or any other requirements determined by us from time to time.
(q) AUSactive Professionals Branding and Advertising Guidelines mean the guidelines published by us from time to time.
(r) Intellectual Property means:
(i) the trade marks, trade names or logos owned or licensed by us which we authorise you to use;
(ii) any registered or unregistered product or service names owned or licensed by us;
(iii) all copyright in the materials, documents, programs or other items provided to you as part of your membership;
(iv) our websites and domain names; and
(v) all inventions and discoveries made by us.
(s) AUSactive Professionals Registration Guide means the guide developed by us which outlines the material required to support an application for Registration which may change from time to time.
(t) Authority means any statutory government, industry or regulatory body.
(u) Confidential Information of a party means any information of or relating to the party that:
(i) is by its nature is confidential;
(ii) is designated as confidential; or
(iii) the other party knows or ought to know is confidential,
and includes:
(iv) information comprised in or relating to any intellectual property of the party or its related bodies corporate;
(v) information relating to the business, financial position, operations or affairs of the party or its related bodies corporate; and
(vi) information relating to the Personnel, policies and strategies of the party or its related bodies corporate.
(v) Corporations Act means the Corporations Act 2001 (Cth).
(w) Directory means the AUSactive Business Member directory and/or the AUSactive Industry Suppliers directory and/or the Directory of CPD Courses.
(x) Fitness Business is a business that is providing active health, exercise and fitness services in accordance with all applicable laws.
(y) ‘GST’ means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time (GST Act) or any replacement or other relevant legislation and regulations, the same meaning as ‘GST law’ (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings).
(z) Insolvency Event means:
(i) being an insolvent under administration or insolvent (each as defined in the Corporations Act);
(ii) having a controller (as defined in the Corporations Act) appointed;
(iii) being in receivership, in receivership and management, in statutory management, in liquidation, in provisional liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent);
(iv) being otherwise unable to pay debts when they fall due; or
(v) having something with the same or a similar effect happen under the laws of any jurisdiction.
(aa) Member means a natural person, body corporate, sole trader, independent contractor, partnership, trust or other entity or organisation that applies for AUSactive Membership.
(bb) Membership means being approved for one or more class of membership including Professional Members, Business Members, Accredited Business Members, Manager Members, Student Members, Industry Supplier Members, CPD Provider Members and any other classes of members as specified by AUSactive from time to time.
(cc) Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act 1988 (Cth) which is collected or held by any parties in connection with this Agreement.
(dd) Personnel means the employees, officers, consultants, contractors, representatives and agents of the party.
(ee) Privacy Laws means the Privacy Act 1988 (Cth) and any other laws that regulate the collection and use of Personal Information in Australia.
(ff) Privacy Policy means our Privacy Policy that is published on our website which is amended from time to time.
(gg) Record means a written record relating to a CPD activity or qualifications on which a person relies on to meet the Registration requirements.
(hh) Register means AUSactive’s Australian Register of Active Health Professionals.
(ii) Registration means our registration of you on the Register.
(jj) Registration Period means the term of Membership.
(kk) “You”, “your” or derivatives of any of those terms, means any one of the following members, or applicants to become one of the following members:
(i) AUSactive’s Professional Member; or
(ii) AUSactive Business Member; or
(iii) Any other associated type of AUSactive membership including Manager Members, Student Members, Industry Supplier Members, CPD Provider Members and any other classes of members as specified by AUSactive from time to time
(ll) “We”, us, or derivatives of any of those terms, means AUSactive Limited (ABN 51 131 422 403).
2.2 Interpretation:
(a) A reference to any legislation or statutory instrument or regulation in this Agreement is a reference to that legislation or statutory instrument or regulation as amended or replaced from time to time.
(b) No provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.
(c) If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more of them jointly.
(d) An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
(e) A party, which is a trustee, is bound both personally and in its capacity as a trustee.
3. Professional Membership
3.1 The Registration and Membership requirements are specified on our Website or as otherwise published by us from time to time. By applying for Membership, you accept these terms and conditions as amended from time to time and agree to be bound by them.
3.2 We will determine whether you are eligible to be a Professional Member in accordance with this Agreement.
3.3 We may give or withhold Membership in our absolute discretion. If we withhold Membership, we will give you reasons for that decision.
3.4 We will give You access to member benefits that we provide. We reserve the right to change, from time to time (at our discretion), the services available.
3.5 We will enable you to access and use our AUSactive Brand.
3.6 You must notify us of changes to your contact details in writing to info@ausactive.org.au otherwise we may not be able to make our services available to you.
3.7 We will keep all documents you have provided to us for the purposes of applying for and maintaining your Registration confidential and secure.
Membership Period
3.8 Your Membership period starts upon receipt of payment. You must maintain your Membership throughout the entire Registration Period.
3.9 A reminder notice will be sent to you before your Membership renewal date, which is payable prior to renewal date.
3.10 Membership may be suspended or terminated if your payment is not received by the renewal date.
3.11 Membership fees must be paid up-front or monthly via direct debit.
3.12 Unless on direct debit, your AUSactive Membership is for a minimum of 12 months.
3.13 There is no refund of any Membership fees should you cancel your Membership at any stage during your Registration Period.
3.14 Your AUSactive Membership is not transferable.
Membership Tier
3.15 At the time of applying for Registration, you will be required to elect one of the following Professional Membership Tiers:
(a) Accredited AUSactive Professional – distinguished by their commitment to continuous professional development, these individuals are recognised for meeting a higher standard and will be granted enhanced access to exclusive tools, resources, benefits, and responsibilities; or
(b) Registered AUSactive Professional – have completed the minimum requirements for membership without the need for mandated continuous professional development.
3.16 Once made your initial application for Registration and paid the membership fee, you will be recognised under one of the following statuses:
(a) Pending AUSactive Registered Professional – you have not provided your required documents for Registration. Should the documents not be provided within 90 days, your Registration application may be forfeited and we reserve our right to retain your membership fee until the end of the membership period, wherein you will still retain access to other member benefits;
(b) Current AUSactive Registered Professional – you have provided your required documents for Registration, which have been reviewed and verified by AUSactive.
Your obligation as a Professional Member
3.17 To maintain your Professional Membership with AUSactive you and at all times, you must:
(a) Hold a current first aid and a CPR certification (units of competency from the health national training package) and ensure these records are logged in your AUSactive Member portal.
(b) Maintain appropriate professional indemnity and public liability insurance that covers the scope of all activities undertaken, whether in a professional or voluntary capacity.
(c) Hold any other qualifications reasonably determined by us from time to time.
(d) Comply with:
(i) the Scope/s of Practice relevant to the professional services you deliver pursuant to your registration category/ies;
(ii) the Code of Ethical Conduct;
(iii) these Terms and Conditions;
(iv) our Privacy Policy; and
(v) comply with all applicable laws, regulations, codes of conduct and any instructions, directions, requirements and requests made by any Authority in relation to your conduct under your Registration;
If you are an Accredited AUSactive Professional, you must also obtain 20 continuing professional development (CPD) points on a rolling 2 year basis and keep written CPD activity records logged in your AUSactive Member portal.
3.18 You must act in accordance with the highest standards of ethics, professionalism and business practice.
3.19 You must not conduct yourself in a manner that damages or is likely to damage our goodwill and reputation or the goodwill and reputation of any of our associates or related parties, the active health, exercise and fitness industry, the AUSactive Professionals Brand or the Intellectual Property.
3.20 You must not disparage AUSactive, or any other persons on the Register or Directories.
3.21 You must immediately advise us if you receive:
(a) any notice or communication from any Authority relating to your conduct in which it is claimed that there has been non-compliance with any laws, regulations or codes of conduct; and
(b) any complaint about your Registration; and
(c) any information about a matter that could harm or affect our goodwill and reputation or the goodwill and reputation of other persons on the Register, the AUSactive Brand or the Intellectual Property.
Australian Register of Active Health Professionals
3.22 If we approve your Registration as an AUSactive Registered Professional, this will entitle you to be published on the Register (including your professional qualifications, contact details or any other relevant information).
3.23 The purposes of the Register are:
(a) to enable consumers, employers, health funds, health professionals or other parties to:
(i) check whether a professional is registered with AUSactive and to search for a professional by location, role (registration category), knowledge and skills
(ii) understand and recognise the specific expertise (qualifications, knowledge, skills and experience) that are available in the active health, exercise and fitness industry
(iii) understand professional scope of practice, code of ethics and associated professional roles and responsibilities
(b) to promote compliance with evidence based industry standards and currency of registration including first aid and CPR obligations, and where relevant, continuing professional development and education
(c) support high quality and safe delivery of professional services
3.24 You may opt out of having your personal information published through any of the Register at any time by writing to us at info@ausactive.org.au.
3.25 We will update any information on the Register if requested by you in writing and approved by us at our discretion.
3.26 If your details are published in the Register, and you choose to withdraw your consent to have your personal information published in the Register, employers and potential clients will not be able to confirm your registration or membership status unless they contact us directly. In addition, if you are a registrant or a member and choose to withdraw your consent to allow third parties to contact you via the Register, health fund providers may not be able to refer clients to you.
3.27 Members are responsible for ensuring that the content they publish in their bios and use as profile pictures complies with the following guidelines:
(a) Appropriateness: Bios and profile pictures must not contain or depict any offensive, hateful, discriminatory, sexually explicit, or otherwise inappropriate content. This includes, but is not limited to, nudity, graphic violence, hate speech, or symbols associated with hate groups.
(b) Accuracy and Authenticity: Members must not impersonate others or misrepresent their identity, qualifications, or affiliations in their bios or through their profile pictures.
(c) Intellectual Property: Members may not use images or content in their bios or profile pictures that infringe on the copyrights, trademarks, or other intellectual property rights of third parties.
(d) Privacy and Consent: Bios and profile pictures must not include personal information about others (e.g., names, photos, or contact details) without their explicit consent.
(d) Commercial Content: Unless explicitly permitted, Members may not use their bios or profile pictures for commercial advertising or promotional purposes.
We reserve the right to remove or request the removal of any bio content or profile picture that violates these guidelines, and to suspend or terminate any profile in the event of repeated or severe violations.
Audit Procedure
3.28 We may, and you allow us to, carry out an audit of your Records to confirm that the activities undertaken by you meet your Registration requirements at any time during the Registration Period.
3.29 Without in any way limiting clause 3.28, we may audit your Records where:
(a) there have been material and relevant changes to industry standards or any other criteria communicated by us from time to time;
(b) when we receive a complaint about you;
(c) when you notify us of any changes to your Registration; or
(d) when you apply to renew your Registration.
3.30 You will provide us with all necessary assistance and any means of access which we (or our authorised Personnel) require to enable us to carry out a proper audit of your Records. In particular, you will:
(a) provide to us all material that is relevant to the audit within the timeframe requested; and
(b) authorise us (or our authorised Personnel) to enter and remain on your premises during business opening hours to conduct an inspection to ascertain whether a breach of this Agreement has occurred or is occurring.
3.31 If our audit discloses that you fail to comply with Registration requirements, we may do any one or more of the following:
(a) give you a reasonable period of time to meet the outstanding requirements and our notice will stipulate the date by which you must satisfy those requirements;
(b) by notice in writing to you, suspend, withdraw or cancel your Registration;
(c) require you to, and you must, pay our costs of conducting the audit
3.32 If you do not meet the outstanding requirements set out in our notice by the stipulated date under clause 3.31(a), we may by notice in writing to you suspend, withdraw or cancel your Registration.
4. Registered Business Membership
4.1 The Registration and Membership requirements are specified on our Website or as otherwise published by us from time to time.
4.2 We will determine whether you are eligible to be a Business Member in accordance with this Agreement.
4.3 We may give or withhold Membership in our absolute discretion. If we withhold Membership, we will give you reasons for that decision.
4.4 We will give You access to member benefits that we provide. We reserve the right to change, from time to time (at our discretion), the services available.
4.5 We will enable you to access and use our AUSactive Brand.
4.6 You must notify us of changes to your contact details in writing to info@ausactive.org.au otherwise we may not be able to make our services available to you.
4.7 We will keep all documents you have provided to us for the purposes of applying for and maintaining your Registration confidential and secure.
Membership Period
4.8 Your Membership period starts upon receipt of payment. You must maintain your Membership throughout the entire Registration Period.
4.9 A reminder notice will be sent to you before your Membership renewal date, which is payable prior to renewal date.
4.10 Membership may be suspended or terminated if your payment is not received by the renewal date.
4.11 Membership fees must be paid up-front or monthly via direct debit.
4.12 Unless on direct debit, your AUSactive Membership is for a minimum of 12 months.
4.13 There is no refund of any Membership fees should you cancel your Membership at any stage during your Registration Period.
4.14 Your AUSactive Membership is not transferable.
Your Obligations as a Business Member
4.15 As a Business Member with AUSactive you agree to comply with, support, promote and be bound by the AUSactive National Code of Practice for the Health and Fitness Industry.
4.16 You must act in accordance with the highest standards of ethics, professionalism and business practice.
4.17 You must not conduct yourself in a manner that damages or is likely to damage our goodwill and reputation or the goodwill and reputation of any of our associates or related parties, the active health, exercise and fitness industry, the AUSactive Brand or the Intellectual Property.
4.18 You must not disparage AUSactive, or any other persons on the Register or Directories.
4.19 You must immediately advise us if you receive:
(a) any notice or communication from any Authority relating to your conduct in which it is claimed that there has been non-compliance with any laws, regulations or codes of conduct; and
(b) any complaint about your business; and
(c) any information about a matter that could harm or affect our goodwill and reputation or the goodwill and reputation of other persons on the Register or Directories, the AUSactive Brand or the Intellectual Property.
Directory of AUSactive Business Members
4.20 If we approve your membership as an AUSactive Business, this will entitle you to be published on the Directory of Business Members.
4.21 You may opt out of having your business information published in the Directory at any time by writing to us at info@ausactive.org.au.
4.22 We will update any information on the Directory if requested by you in writing and approved by us at our discretion.
4.23 Members are responsible for ensuring that the content they publish in their bios and use as profile pictures complies with the following guidelines:
(a) Appropriateness: Bios and profile pictures must not contain or depict any offensive, hateful, discriminatory, sexually explicit, or otherwise inappropriate content. This includes, but is not limited to, nudity, graphic violence, hate speech, or symbols associated with hate groups.
(b) Accuracy and Authenticity: Members must not impersonate others or misrepresent their identity, qualifications, or affiliations in their bios or through their profile pictures.
(c) Intellectual Property: Members may not use images or content in their bios or profile pictures that infringe on the copyrights, trademarks, or other intellectual property rights of third parties.
(d) Privacy and Consent: Bios and profile pictures must not include personal information about others (e.g., names, photos, or contact details) without their explicit consent.
(e) Commercial Content: Unless explicitly permitted, Members may not use their bios or profile pictures for commercial advertising or promotional purposes.
We reserve the right to remove or request the removal of any bio content or profile picture that violates these guidelines, and to suspend or terminate any profile in the event of repeated or severe violations.
5. Business Accreditation
5.1 These Terms and Conditions, the AQBA Handbook and AUSactive National Quality Business Framework comprise of the agreement between us and you in relation to participating in the AQBA Program, applying for, renewing and maintaining accreditation.
5.2 To be eligible to apply to participate in the AQBA, you must own and operate a fitness business in Australia.
Application
5.3 To participate in the AQBA Program you must apply by using our forms and provide us with all information we request.
5.4 By applying to participate in the AQBA Program, you agree:
(a) we may make such inquiries as we see fit to determine your eligibility and suitability for accreditation;
(b) to abide by all rules, guidelines and standards set by us, as amended from time to time;
(c) to comply with our Privacy Policy;
(d) that, if you withdraw from the accreditation process before it is concluded, we will refund any accreditation fee paid by you but you forfeit the application fee which is non-refundable; and
(e) that, if your fitness business is not accredited within the later of 18 months of the date your original application is received by us or 18 months from your completion of the AQBA Program, that you forfeit the accreditation fee which is non-refundable.
5.5 We will only accept your Application if you:
(a) satisfy the eligibility criteria set out under clause 5.4;
(b) pay the application fee and the accreditation fee; and
(c) provide accurate and complete information requested by us.
5.6 Approval
(a) We may accept or reject your Application in our absolute discretion. If we do not accept your Application we will give you reasons for that decision.
(b) If we accept your Application we will notify you of the acceptance and the period available to you for completion of the AQBA Program in order to achieve or renew accreditation (assessment period).
(c) We will also provide you with access to our accreditation online portal, AUSactive Dashboard, which will include information about the AQBA Handbook, the AUSactive National Quality Business Framework and other educational resources and tools designed to assist you in learning about accreditation.
5.7 You acknowledge and agree that if you do not pay the fees and charges in accordance with this Agreement.
(a) we will not grant accreditation to your fitness business;
(b) we may suspend or revoke accreditation;
5.8 In relation to your Accreditation, and in consideration for you carrying out your obligations under these Terms and Conditions, we will provide you with the following services:
(a) publish your details as an accredited fitness business; and
(b) enable you to access and use our AQBA Brand; and
(c) keep all documents and program material you have provided to us for the purpose of accreditation confidential and secure.
Gaining Accreditation
5.9 During the assessment period, you agree to participate in the AQBA Program and comply with the rules and procedures in the AQBA Handbook, which consist of:
(a) undertaking consumer research; and
(b) conducting a self-assessment of your fitness business against the criteria set out under the AUSactive National Quality Business Framework; and
(c) undergoing an accreditation assessment conducted by a AQBA assessor that is either (as determined by us in our absolute discretion) an on-site assessment or a virtual assessment (AQBA assessment); and
(d) any other requirements that are set out in our AQBA Handbook.
Access to Evidence
5.10 If you undergo an on-site assessment, you must ensure that the AQBA assessor is able to access and view any document or record that demonstrates compliance against the criteria set out under the AUSactive National Quality Business Framework.
5.11 For a document or record that is provided to us, our Personnel or the AQBA assessor, you:
(a) must ensure that the document or record is true and correct and is not in any way misleading or deceptive; and
(b) (may redact any confidential or personal information in the document or record that is not relevant to the AQBA assessment.
Completing the AQBA Program
5.12 Once you have completed the AQBA Program in accordance with this agreement, we will notify you in writing that you:
(a) will be granted accreditation with effect on and from the accreditation date; or
(b) will not be granted accreditation and give you the reason or reasons for that decision, by identifying the requirements that have not been met, and that you can take remedial action in accordance with clause 5.14 (Remedial Notice).
5.13 Undertaking and completing the AQBA Program in accordance with this agreement does not guarantee that you will achieve accreditation, and we make no warranty or representation to this effect.
Remedial Action
5.14 If you receive a Remedial Notice, we may grant accreditation if, within six calendar months after you receive the Remedial Notice, you take the remedial action specified in the Remedial Notice to our reasonable satisfaction and otherwise in accordance with the policies and procedures in the AQBA Handbook.
Maintaining Accreditation
5.15 Accreditation will be in respect of your fitness business and only extends to the goods, services, operations and management of your fitness business at the time of, and as assessed during, the assessment period.
5.16 Any changes to the goods, services, operations or management of your fitness business which was not assessed during the assessment period does not have the benefit of Accreditation and you must not engage in any conduct that (expressly or implied) suggests the relevant good, service, operation or management of your fitness business has been assessed by us and determined to comply with the criteria in the Fitness Industry National Quality Framework. At our request, you must immediately remove any representation to this effect.
5.17 To maintain your Accreditation, you must:
(a) strictly comply with the terms of this agreement;
(b) at all times ensure that your accredited fitness business complies with, and is not in any way inconsistent with, the requirements under the AQBA Handbook and criteria set out under the Fitness Industry National Quality Framework;
(c) participate in the AQBA Improvement Program;
(d) comply with all applicable laws, regulations, codes of conduct and any instructions, directions, requirements and requests made by any Authority in relation to your accredited fitness business;
(e) act in accordance with the highest standards of ethics, professionalism and business practice, and you will provide prompt, efficient, professional and courteous service to customers;
(f) at all times during the accreditation period, maintain complete, true and accurate records in accordance with all applicable laws;
(g) promptly provide us with any information reasonably requested by us about an event or circumstance under clause 5.17.
(h) provide us with written notice of any of the following events or circumstances within the following timeframe:
| Event or circumstance | Timeframe |
|---|---|
| Receipt of any notice or communication from any Authority relating to your accredited fitness business in which it is claimed that there has been non-compliance with any law, regulation or code of conduct | Immediately |
| Receipt of any information about a matter that could harm or affect our goodwill and reputation or the goodwill and reputation of other accredited fitness businesses, the AQBA Intellectual Property or your accredited fitness business | Immediately |
| If you are a company, there is a change in shareholding or directors | 30 days |
| Change of contact details for your accredited fitness business | 30 days |
| Any material change in goods, services, operation or management | 30 days |
| Any other event or circumstance that may have a material adverse effect on your accredited fitness business or your accreditation | 30 days |
Accreditation Period
5.18 Accreditation will be for three years from the accreditation date (accreditation period), unless:
(a) accreditation is revoked before the end of the accreditation period in accordance with clause 5.41 or such other clause in this Agreement; or
(b) the accreditation period has changed as agreed between the parties.
No Control or Influence Over You
5.19 Subject to our rights, and your obligations, under this agreement in relation to your accredited fitness business, we acknowledge and agree that we will have no control or influence over you with respect to the conduct of your accredited fitness business.
Change in Ownership
5.20 You acknowledge and agree that the accreditation you hold in respect of your fitness business is personal to you. You must give us 30 days’ written notice before you sell, transfer, assign or dispose of your accredited fitness business and provide us with the purchaser and their representatives’ details.
5.21 If the purchaser of your fitness business wishes to hold accreditation in respect of the fitness business, the purchaser must:
(a) comply with our reasonable requests in relation to the purchase of your accredited fitness business; and
(b) agree to be bound by this agreement.
Renewal of Accreditation
5.22 If you wish to renew your accreditation, you must apply before the expiry of the accreditation period and comply with our renewal requirements in the AQBA Handbook. We may in our absolute discretion require you to undergo an audit or re-apply for accreditation.
Licence to use AQBA Brand
5.23 We grant you a limited, royalty-free, non-exclusive licence to use the AQBA Brand in Australia for the sole purpose of promoting your accredited fitness business in accordance with this agreement.
5.24 The licence to use the AQBA Brand is granted only if you:
(a) use the AQBA Brand in the manner specified by us in the AQBA Handbook;
(b) do not make changes to or interfere with the AQBA Brand;
(c) do not register or seek to register any of the AQBA Brand; and
(d) do not use the AQBA Brand, the words “Fitness Australia”, “AUSactive’, “quality accreditation”, “quality business accreditation” “accredited” or “national quality framework”, “national quality business framework”, the acronym “FAQA”, “AQBA” or derivatives of those words or acronyms in your corporate name or business name, or in any trade mark or service mark.
(e) comply with this Agreement.
5.25 We may change, add to, or discontinue the use of any of the AQBA Brand.
5.26 We will give written notice to you of any changes proposed under clause 5.24 and you will comply with the notice at your own cost, within the reasonable timeframe specified by us.
Audit
5.27 We may, and you allow us to, carry out an audit of your accredited fitness business at any time during the accreditation period.
5.28 Without in any way limiting clause 5.27, we may audit your accredited fitness business in the following circumstances:
(a) there have been material and relevant changes to industry standards, the criteria set out under the Fitness Industry National Quality Framework or any other requirements communicated by us from time to time;
(b) we consider that your accredited fitness business no longer meets all of the requirements set out in this agreement;
(c) when you apply to renew your accreditation;
(d) when we receive a complaint about your accredited fitness business; or
(e) when you notify us of any event or circumstance listed above.
5.29 During an audit, you must provide us, our Personnel and/or AQBA assessor with assistance reasonably required by us, our Personnel and/or AQBA assessor to enable the audit to be carried out.
5.30 If we, our Personnel or AQBA assessor requests access to a document or record for audit purposes, you must comply with the obligations under clause 5.29.
5.31 The costs associated with the audit process that are incurred by us will be payable by you if we conduct the audit:
(a) due to circumstances under clause 5.27 or 5.28; or
(b) for any other reason, and the outcome of the audit discloses that your accredited fitness business no longer meets all the requirements.
5.32 You and your Personnel will provide us with all necessary assistance and any means of access which we (or our authorised Personnel) require to enable us to carry out a proper audit of your accredited fitness business. In particular, you will:
(a) provide to us all material that is relevant to the audit within the timeframe requested and comply with the conditions under clause 5.11; and
(b) authorise us (or our authorised Personnel) to enter and remain on your accredited fitness business to conduct an inspection to ascertain whether a breach of this agreement has occurred or is occurring.
5.33 If our audit discloses that your accredited fitness business no longer meets all the requirements under clause 5.17:
(a) we may give you notice specifying those changes to your accredited fitness business that we consider are necessary to ensure that your accredited fitness business continues to meet all those requirements during the accreditation period;
(b) we will give you a reasonable period of time to make those changes and our notice will stipulate the date by which the changes must be made;
(c) if clause 5.31 applies, we will require you to, and you must, pay to us our costs of conducting the audit; and
(d) additional fees may apply to you in order to change your accredited fitness business.
5.34 If you:
(a) do not make the changes as specified in the notice by the stipulated date under clause 5.33(a); and
(b) choose not to exercise your right to appeal our decision or have exhausted your right to appeal under clause 5.38,
5.35 we may by notice in writing to you suspend or revoke your accreditation.
5.36 You acknowledge and agree that:
(a) AQBA assessments or audits do not constitute an audit of your fitness business;
(b) we rely on statements and information provided by you and your Personnel in carrying out AQBA assessments and audits and in determining whether your fitness business should be and remain accredited;
(c) you made all the decisions in relation to the operation and management of your fitness business and you are responsible for those decisions; and
(d) successful AQBA assessments, audit outcomes, or accreditation are not representations by us that in carrying on your fitness business, you comply with all applicable laws, standards and codes of conduct.
Disclosure to Third Parties
5.37 You acknowledge and agree that we may use, and disclose to third parties (including your customers and potential customers), information relating to the status of your Application.
Appealable Decisions
5.38 If you receive a notice from us that we have decided:
(a) to reject your Application;
(b) that we will not grant you accreditation for your fitness business; or
(c) that your accredited fitness business no longer meets all the requirements set out in clause 5.17 and we will therefore suspend or revoke your accreditation, you may give us notice to the effect that you wish to appeal against our decision (appeal notice) in accordance with our appeal procedure in the AQBA Handbook.
Complaints
5.39 If you are dissatisfied with the conduct of a AQBA assessor or Personnel during an accreditation process or audit, you may make a complaint in accordance with our complaints procedure in the AQBA Handbook.
5.40 You will comply with our appeal and complaints procedure in the AQBA Handbook which may change from time to time.
Revocation, Suspension and Cancellation
5.41 We may suspend or revoke your accreditation (at our discretion) if you, or if we have reasonable grounds to suspect that you:
(a) fail to satisfy any of the conditions for maintaining accreditation under this Agreement, the failure is capable of being remedied, and you do not remedy that failure within the period of time specified in a written notice from us specifying the failure and requiring it to be remedied; or
(b) fail to comply with any material obligation, undertaking or warranty under this agreement and that failure is not, on any reasonable or economic basis, capable of remedy;
(c) or are subject to an Insolvency Event.
5.42 We may suspend your accreditation for a fixed period and/or impose conditions from time to time.
Cancel Accreditation
5.43 You may cancel your accreditation if you give us 30 days’ written notice of such cancellation for any reason whatsoever.
Consequences of Suspension
5.44 If your accreditation is suspended, you must immediately stop:
(a) representing that your fitness business is, or holding your fitness business out as, an accredited fitness business; and
(b) using our AQBA Brand.
Consequences of Revocation, Cancellation or Expiration
5.45 If your accreditation is revoked, cancelled or has expired:
(a) unless this agreement expressly provides otherwise, all rights, benefits and authorisations granted by each party to the other under this agreement will cease;
(b) you must immediately stop representing that your fitness business is, or holding your fitness business out as, an accredited fitness business;
(c) you must immediately stop using our AQBA Brand and remove all material from any website and promotional literature that associates your fitness business as an accredited fitness business and certify that you have complied with this requirement;
(d) each party must immediately return to the other party all documents and materials containing Confidential Information and any other property owned by the other party;
(d) the obligations of the parties will cease but the following clauses continue: Intellectual Property (except for the right to use the AQBA Brand), Privacy, this clause, Consequences of revocation, cancellation or expiration, Limitation of liability and indemnity, General provisions, and Dictionary and Interpretation clauses;
(d) accrued rights or remedies of either party are not affected; and
(e) we will not refund the fees and charges paid by you.
6. Intellectual Property
6.1 You acknowledge that:
(a) we are the owner of the Intellectual Property and any changes or improvements to the Intellectual Property;
(b) you do not obtain any interest in the Intellectual Property; and
(c) you do not have a right to use the Intellectual Property except for the AUSactive Brand, and your right to use the AUSactive Brand comes from this Agreement.
6.2 We grant you a limited, royalty-free, non- exclusive licence to use the AUSactive Brand in Australia for the sole purpose of promoting and delivering services as a person registered on the Register or Business registered on the Directory in accordance with this Agreement.
6.3 The licence to use the AUSactive Brand is granted only if you:
(a) use the AUSactive Brand in the manner specified by us in the AUSactive Branding and Advertising Guidelines (if any) or any other guidelines determined by us from time to time;
(b) do not make changes to or interfere with the AUSactive Brand;
(c) do not register or seek to register any of the AUSactive Brand; and
(d) do not use the AUSactive Brand, the words “The Australian Register of Active Health Professionals”, “Australian Register”, “AUSactive Register”, “AusREP” or the acronym “AusREPs” or “REPs” or derivatives of those words or that acronym in your corporate name or business name, or in any trade mark or service mark;
(e) comply with the terms of these Terms and Conditions.
6.4 We may change, add to, or discontinue the use of any of the AUSactive Brand.
6.5 We will give written notice to you of any changes proposed under clause 6.4 and you will comply with the notice at your own cost, within the reasonable
7. Withdrawal, Suspension and Termination
7.1 A Default Event occurs if you:
(a) fail to carry out any provision of this Agreement, the failure is capable of being remedied, and you do not remedy that failure within the period of time specified in a written notice from us specifying the failure and requiring it to be remedied;
(b) fail to comply with any material obligation, undertaking or warranty under this Agreement and that failure is not, on any reasonable or economic basis, capable of remedy;
(c) are subject to an Insolvency Event; or
(d) bring the exercise, fitness and active health profession & industry, other persons on the Register or us into disrepute.
7.2 If a Default Event occurs, or we have reasonable grounds to suspect a Default Event has occurred or is likely to occur, we may, at any time:
(a) remove any information about your registration from the Register and/or Directory; and
(b) withdraw your licence to use the AUSactive Brand under clause 6.2; and
(c) you must, at our request, immediately stop using the AUSactive Brand and remove all material from any website and promotional literature that associates you or your business with us, without in any way limiting our other rights and remedies under this Agreement or at law.
7.3 If a Default Event occurs we may, in our absolute discretion, by giving notice to you:
(a) suspend your Membership for a specified period pending an investigation by us; or
(b) terminate this Agreement and cancel your Membership.
7.4 On termination of this Agreement:
(a) unless this Agreement expressly provides otherwise, all rights, benefits and authorisations granted by each party to the other under this Agreement will cease;
(b) you must immediately stop using the AUSactive Brand and remove all material from any website and promotional literature that associates you and/or your business with us;
(c) each party must immediately return to the other party all documents and materials containing Confidential Information and any other property owned by the other party;
(d) the obligations of the parties will cease but the following clauses continue: General provisions, Intellectual Property (but not the right to use the AUSactive Brand), Consequences of Termination, Indemnity & Disclaimer, Privacy and Dictionary and Interpretation clauses;
(d) accrued rights or remedies of either party are not affected; and
(e) we will not refund the fees and charges paid by you.
8. Privacy
8.1 You must:
(a) disclose to, or allow us to access, such Personal Information as is necessary to enable us to register you on the Register and/or Directory;
(b) ensure that we and each of our Personnel are entitled to collect, use, store and disclose that Personal Information in accordance with this Agreement; and
(c) not do anything that would cause us or our Personnel to be in breach of a Privacy Law.
8.2 Each party must, with respect to Personal Information that it receives from the other party in connection with this Agreement:
(a) protect the confidentiality of that Personal Information;
(b) comply with all applicable Privacy Laws; and
(c) implement policies and procedures to protect the privacy and security of that Personal Information.
8.3 You acknowledge and agree that we may use, and disclose to third parties (including your customers and potential customers), information relating to the status of your Registration, any application to be on the Register and any application to maintain or renew your Registration.
8.4 We may disclose and publish this information on the Register on any platform such as our website or mobile phone application.
9. Indemnity and Disclaimer
9.1 You will be solely responsible for, and will indemnify us and keep us indemnified in respect of:
(a) any claims or demands made or any legal proceedings commenced by any person which arises out of your conduct as an exercise professional or your relationship with your customers, suppliers and other persons with whom you deal; and
(b) any loss, damage or expense suffered or incurred by us arising directly or indirectly from any breach of this Agreement by you, unless directly caused by the fraud, wilful deceit or gross negligence of us or our Personnel.
9.2 The information on the Register may not be accurate or up-to-date in all instances. We do not warrant the quality, accuracy or completeness of any information on the Register. We expressly disclaim any liability to the fullest extent permitted by law, the content on the Register that is provided by you.
9.3 The information contained in the Fitness Industry National Quality Business Framework, AQBA Handbook and any other information provided by us is general and in no way constitutes, and should not be relied upon as, professional advice. We do not represent or warrant its accuracy, adequacy or completeness. We are not responsible for any loss suffered as a result of or in relation to the use of the information in the Fitness Industry National Quality Framework, AQBA Handbook or any other information provided by us.
10. Fees and Charges
10.1 You agree to pay us the fees and charges that are specified for AUSactive Membership or as otherwise published by us from time to time.
10.2 Prices are correct at the time they appear on this Website. However, AUSactive reserves the right to change prices at any time.
10.3 The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.
In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.
The GST exclusive price is only available to customers who:
(a) are non residents;
(b) are outside Australia at the time they receive the supply of the e-learning course and any other materials; and
(c) agree to the declaration referred to previously.
10.4 The fees and charges must be paid on time and in the manner specified by us. You acknowledge and agree that:
(a) we will not commence assessing your application;
(b) we will not accept your application and register you on the Register; and/or
(c) we may suspend, withdraw or cancel your Registration;
if you do not pay the fees and charges in accordance with this Agreement.
10.5 The fees and charges are non-refundable unless otherwise prevented by law, or permitted under another clause in this Agreement.
If you believe that your circumstances require special consideration, you may apply for a refund by completing the refund application.
AUSactive will review your request within 7 (seven) business days of submission.
Should a refund be approved, you will be notified by return email within 14 working days and asked to return all original documents received to AUSactive at PO Box 6453, Alexandria NSW 2015 before the refund will be processed
Should a refund be granted, a $75.00 (incl. GST) Administration Fee will apply.
10.6 If your Membership product has been determined as eligible for Membership fees to be payable via monthly instalment (direct debit), you agree and acknowledge that:
(a) You will have a minimum membership period of 24 months.
(b) Should you wish to cancel your direct debit Membership after the minimum term of 24 months you need to give us 30 days’ notice in writing to info@ausactive.org.au. Any direct debits scheduled within this 30 day cancellation period will be debited.
(c) Direct debit payments are not instantaneous and may take between 1-5 business days to clear.
(d) If your scheduled monthly payment is dishonoured you will receive an email and we will re-debit your account within 5 business days.
(e) If your scheduled monthly payment is still outstanding and/or dishonoured, this amount will roll-over into the next scheduled monthly payment. If that scheduled monthly payment is dishonoured, you will receive a further email and we will re-debit your account within 5 business days..
(f) If two consecutive monthly payments are dishonoured, your Membership will be cancelled and our customer service team will contact you to organise your outstanding payments and we may (at our discretion) engage with our debt collection agency to recoup any outstanding payments.
11. Goods and Services Tax (GST)
12. Unless GST is expressly included, the consideration expressed to be payable under any other clause of this Agreement for any supply made under or in connection with this Agreement does not include GST.
13. To the extent that any supply made under or in connection with this Agreement is a taxable supply, the GST exclusive consideration otherwise payable for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply, and is payable at the same time.
14. Anti-spam Notice
14.1 Publication of electronic addresses on AUSactive's Website is for the purpose of professional communication only and must not be used to infer consent by AUSactive or the relevant addresses, to the receipt of unsolicited commercial electronic messages.
15. Content on this Website
15.1 Material or information (Content) on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. AUSactive does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.
16. External Links and Advertisements
16.1 This Website contains links to websites maintained by other organisations over which AUSactive has no control. AUSactive does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
16. 2 AUSactive makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is AUSactive responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and/or services.
17. Limitation of Liability
17.1 To the maximum extent permitted by law we exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute, or that statute applies to the supply of goods and services to you.
17.2 We exclude all liability to you, in tort, contract or otherwise for any:
(a) loss of profits, opportunity, revenue, data, goodwill, business or anticipated savings, pure economic loss, loss of value of equipment, (other than cost of repair) or expectation loss; or
(b) any indirect, consequential, special, punitive, or exemplary loss or damage, even if such loss or damage was reasonably foreseeable, arose naturally or was in the contemplation of the parties
17.3 AUSactive:
(a) makes no warranties or representations about this Website or any of the Content;
(b) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content;
(c) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. AUSactive excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by AUSactive in relation to the use of this website or the Content, is limited as provided under the Competition and Consumer Act 2010 (Cth) sch 2, s 64A;
(d) Under no circumstances will AUSactive be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors; and
(e) AUSactive shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
18. Copyright in Material on this Site and Restriction of use
18.1 Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by AUSactive (ABN 51 131 422 403). All rights are reserved.
18.2 Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
18.3 For further information about copyright in AUSactive content, please contact us.
18.4 AUSactive grants you permission to do the following with the content unless otherwise indicated:
(a) store a reproduction of the content on your local computer for the sole purpose of viewing it
(b) print hard copies of the content for non-commercial use or personal use only
(c) reproduce or distribute any complete page of the content so long as
(i) you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
(ii) you do not modify the copy from how it appears on the Website (unless expressly authorised by AUSactive)
(iii) you adhere to the Permitted Use Statement for Standards, Guidelines and Resources available on this website, where applicable, and
(iv) the content is appropriately attributed to AUSactive
(d) Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of AUSactive.
19. Copyright in Other Material
19.1 AUSactive makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
19.2 AUSactive is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
20. Trademarks
20.1 Trademarks including but not limited to the words ‘AUSactive’ are owned by AUSactive in Australia and may be the subject of rights in other countries. You must not use AUSactive's trademarks except: (i) by saving or printing out a copy of AUSactive's website as permitted by the copyright notice above; (ii) as permitted by written agreement from AUSactive.
20.2 This Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
21. Indemnification
21.1 You agree to indemnify, defend and hold harmless AUSactive, its officers, employees, and agents from any loss, liability, claim, demand, damage or expenses (including legal costs on a full indemnity basis) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. AUSactive reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
22. Invalid Terms and Conditions
22.1 In the event that any or any part of the terms contained in these Terms and Conditions are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.
23. Variation of Terms and Conditions
23.1 AUSactive reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time and you should therefore periodically review this page.
24. Website Unavailability
24.1 AUSactive does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of AUSactive.
25. Password Requirement
25.1 AUSactive members may obtain a password by logging into the AUSactive Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. AUSactive may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms and Conditions.
26. Password Security
26.1 You must keep your password confidential at all times.
26.2 You must not:
(a) allow anyone to watch you enter your password when accessing the website; or
(b) record your password in any manner that would indicate to anyone that it is the user's password.
26.3 You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. We are not liable for any loss or damage which you or any third party may suffer as a result of the loss or theft of your password.
27. Subscriber
27.1 Whether you are a member of AUSactive or a non-member, you may need to subscribe in order to purchase products and services from this Website, enrol into courses or enter competitions. Members may be entitled to receive discounts when purchasing and / or registering for products and services from this Website. Access to some areas of this Website may also be restricted to members only and / or CPD Approved Providers. Find out more about becoming a member of AUSactive and the benefits available to members.
27.2 In relation to any events hosted by AUSactive, if you have registered but fail to attend an event, you will be liable for payment unless cancellation is made in writing, in accordance with AUSactive's Cancellation Policy. You can check the Cancellation Policy for individual events at registration.
27.3 Online registrations: If you encounter difficulties with online registrations, please contact us.
28. Advisory Services
28.1 Any verbal advice provided by our advisers (via one of our hotlines or otherwise): is given in good faith; is given on the basis that you have accurately disclosed all relevant facts to us; and relates only to the facts which you have disclosed to us and your individual circumstances.
28.2 Verbal advice may not represent the only or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your objectives, financial situation or need before acting on it as we may not be able to take them fully into account during a brief telephone conversation or initial meeting.
28.3 Any advice provided is based on information supplied by Members and members are invited to seek formal, written legal advice about their position before relying on advice given via the telephone advisory services.
28.4 AUSactive, its officers, employees and agents (including its advisers) are not liable for any loss or damage resulting from, incidental to or relating to the provision of advice, unless such loss or damage directly results from the fraud, wilful deceit or gross negligence of the adviser.
29. Business Membership Disclaimer
29.1 In relation to the provision of membership services: we exclude all implied conditions and warranties except those the exclusion of which would contravene any statute or cause any part of these terms and conditions to be void; to the fullest extent permitted by law, we will not be liable for any loss or damage (whether foreseeable or not) suffered by any person acting on our advice, whether the loss or damage arises in connection with our negligence, default or lack of care, any misrepresentation or any other cause; and our liability is limited to providing you with the services again.
29.2 Quality Assured Employment is focused on increasing industry credibility via the AUSactive professional registration system. One of the key benefits of AUSactive’s registration system is to protect and give comfort and assurance to the consumer, and in doing so, your business. The AUSactive registration system does this by making sure that the delivery of safe and effective exercise services to the Australian community is performed by registered Professionals who have the appropriate qualifications, skills and industry currency. As an AUSactive Business Member, you acknowledge that you will use best endeavours to encourage your eligible staff and contractors who provide a fitness, exercises, Pilates or yoga service within your business to be qualified and hold current registration with AUSactive.
30. Participation in Competitions
30.1 All competitions that you may enter on this Website are governed by the relevant State legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.
31. Privacy Policy
31.1 In addition to those provisions under the AUSactive Privacy Policy, AUSactive will disclose relevant personal information collected about you when you place this order to the third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order to the AUSactive customer. The third–party supplier will retain such relevant information as is necessary for the purposes of a warranty claim. Upon expiry of such a time, the information will be returned to AUSactive and managed in accordance with the AUSactive Privacy Policy, described herein.
32. Waiver
32.1 No waiver or breach of this agreement will be effective unless such waiver is in writing and signed by the party or parties against whom such waiver is claimed. No waiver of any breach will be deemed to be a waiver of any other or subsequent breach.
33. Assignment or Novation by us
33.1 We may, without the need to obtain your consent, transfer all or any part of our rights, interests, obligations or liabilities under the Agreement by assignment or by novation.
34. Further Assurances
34.1 Each party from time to time and at all times after the execution of this document at the cost and expense of that party must make do and execute or cause to be made done or executed all such acts, instruments, assurances and writings whatsoever as may be necessary or desirable to perfect or give effect to the transactions contemplated by this document.
35. Severance
35.1 If any provision contained in this agreement is or becomes legally ineffective, under the general law or by force of legislation, the ineffective provision shall be severed from this document which otherwise continues to be valid and operative.
36. Assignment
36.1 Except as expressly permitted under this document no party may assign, transfer or deal in any other manner with any right or interest that party has under this agreement.
37. Subcontract
37.1 We may subcontract the performance of the whole or any part of our obligations under this agreement.
38. Relationship
38.1 This Agreement does not create a relationship of employment, agency or partnership between the parties.
39. Governing Law and Jurisdiction
39.1 This Agreement must be construed and applied and will take effect as a contract made in New South Wales, Australia.
39.2 The parties hereby submit to the non-exclusive jurisdiction of the courts of the state or territory determined in accordance with clause 39.1.
40. Entire Agreement
40.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
