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Platform Terms & Conditions - Vendors Platform Terms & Conditions - Users No Knot Privacy Policy No Knot Cookies Policy 1RM Club Terms & Conditions

Last updated on 25.02.2024
[No Knot Software] operating as No Knot
ABN 16 655 325 947

Platform Terms & Conditions - User

Summary

Welcome to No Knot!

These terms and conditions (Terms) govern your use of the No Knot platform available on our website at [noknot.au] and our associated mobile applications on the Apple iOS Store and the Google Play Store, and any associated services offered via the platform (together, the ‘Platform’).

By clicking the tick box below or otherwise accepting the benefit of the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent (the ‘Client’, or ‘you’) and < No Knot Software (ABN [16 655 325 947]) (‘No Knot, ‘our’, ‘we’ or ‘us’). You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service which may be amended from time to time.

If you access or download our mobile application from the Google Play Store, you agree to any applicable terms and conditions, including the Google Play Terms of Service, which may be amended from time to time.

We may change these Terms at any time by notifying you, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended.

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

Please read these terms and conditions carefully before agreeing to proceed with using the Platform.

PLATFORM TERMS AND CONDITIONS (USER)

Eligibility

Please have a careful read through these Terms before using the Platform. If you don’t agree to these Terms, please don’t use the Platform.

(a)

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform (except where that person has a Subsidiary Account connected to a Connected Account, defined in clause 2.3). By using the Platform, you represent and warrant that you are either:

(i)

over the age of 18 years and accessing the Platform for personal use;

(ii)

accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform; or

(iii)

under the age of 18 but accessing the Platform using a Subsidiary Account.

(b)

Please do not access the Platform if you are under the age of 18 years old and do not have a Subsidiary Account, or if you have previously been suspended or prohibited from using the Platform.

(c)

We may require you to have geo-location capabilities turned on for the device you will use to access the Platform and/or use its functionalities. If we require you to turn geo-location capabilities on, you agree that you will provide the Platform the relevant permissions to access your geo-location services on your device.

(d)

We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Platform after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

Account

2.1

USER ACCOUNT

(a)

In order to use most of the functionality of the Platform, you are required to sign-up, register and receive an account through the Platform (Account).

(b)

As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, date of birth, and other information as determined by No Knot from time to time.

(c)

You warrant that any information you give to No Knot in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d)

Once you complete the Account registration process, No Knot may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(e)

No Knot reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(f)

No Knot may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

2.2

VENDOR PROFILE

(a)

In order to use the Platform to purchase goods and services offered by the vendors who are registered on the Platform (Vendors), you must link your Account with that specific Vendor’s profile on the Platform (Vendor Profile).

(b)

Once you have linked your Account and have access to a Vendor Profile, you acknowledge and consent to:

(i)

the Vendor being provided with a copy of the personal information provided to No Knot when you create your Account and any other personal information you have consented to us collecting while using the Platform (Account Information);

(ii)

the Vendor using your Account Information for the purposes of providing you with goods and services available via the Platform; and

(iii)

receiving communications directly (including phone, email, and SMS communications) from the Vendor via the contact addresses within the Account Information.

2.3

CONNECTED ACCOUNT

(a)

You may create a “Connected Account” on the Platform (Connected Account) which will allow you to link other accounts to the Connected Account as subsidiary accounts (Subsidiary Accounts).

(b)

By creating a Connected Account, the owner of a Connected Account agrees and acknowledges that any user on the Subsidiary Accounts:

(i)

may have the ability to interact with Vendor Profiles and make purchases of Vendor Products using the payment method(s) held by the Online Payment Provider (defined in clause 6) for the Connected Account.

(c)

By applying for a Connected Account, you agree that:

(i)

you will be responsible for all acts and omissions of any user of the Subsidiary Account on the Platform whether or not you authorised those acts or not; and

(ii)

the cost of all Products incurred by the Subsidiary Account will be charged to the Connected Account.

(d)

The owner of the Connected Account agrees to indemnify No Knot for any loss suffered by No Knot (and its employees and agents) in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of a user of a Connected Account or a Subsidiary Account.

(e)

We reserve the right to suspend any Subsidiary Account or Connected Account in whole or in part at any time and for any reason.

Acceptable Use

(a)

You agree:

(i)

not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent;

(ii)

not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(iii)

not to use the Platform for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(iv)

not to attempt to breach the security of the Platform or No Knot’s system security, or otherwise interfere with the normal function of the Platform, including by:

(A)

gaining unauthorised access to the Platform or data about other users of the Platform;

(B)

scanning, probing or testing the Platform for security vulnerabilities;

(C)

overload, flood, mailbomb, crash or submit a virus to the Platform or the No Knot’s system; or

(D)

instigate or participate in a denial-of-service attack against the Platform or the No Knot’s system.

Vendors

4.1

VENDOR PRODUCTS

(a)

Once you have an Account, you may use the Platform to purchase goods and services from Vendors and access other features made available by the Vendor via their Vendor Profile (Vendor Products).

(b)

The Platform provides links and introductions to Vendors owned and operated by third parties that are not under the control of No Knot. The operation of the Platform does not imply any endorsement or recommendation by No Knot of any Vendor.

(c)

No Knot provides no guarantee or warranty in respect of any Vendor Products or any Vendor who is listed on the Platform.

(d)

You acknowledge and agree that No Knot is not a party to any agreement for the supply of Vendor Products offered by a Vendor via the Platform or any other agreement between you and any other user of the Platform.

(e)

No Knot (and it’s Personnel) have no obligations or liabilities in respect of any Vendor Products procured via the Platform.

(f)

No Knot will have no liability or obligation to you if for whatever reason, including technical faults, the Vendor Products purchased by you via the Platform cannot be performed or are not delivered and you will not be entitled to any compensation from No Knot directly.

(g)

You must direct any complaint relating to any Vendor Products to the relevant Vendor via the contact details provided on the Vendor Profile on the Platform and you agree that any negative reviews must be directed to the relevant Vendor and not No Knot.

4.2

GIFT CARDS

(a)

From time to time, Vendors may issue gift cards for use within their Vendor Profile (Gift Cards).

(b)

Gift Cards are valid at the relevant Vendor Profile and redeemable through the Vendor Profile checkout in accordance with the process set out on the Gift Card or otherwise communicated to you on the Platform.

(c)

Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than Vendor Products.

(d)

You acknowledge and agree that when entering details when purchasing a Gift Card, if the details used are incorrect and we are required to manually retrieve a “lost” Gift Card, we reserve the right to charge an administrative fee of 10% of the value of the Gift Card (up to a maximum of $200]) (Retrieval Fee). Any Retrieval Fee is a genuine estimate of the cost to us to manually retrieve and correct a Gift Card that contains incorrect details.

1RM CLUB

5.1

PROGRAMS & DISCLAIMERS

(a)

This clause applies if you use the 1RM Club functionality within the Platform (1RM Club) to generate various fitness and strength training suggestions consisting of exercise tutorials (including video tutorials and animations), exercise recommendations, or other content (Programs) or request that a Vendor produces Programs for you.

(b)

(Suitability & Precautions) You acknowledge and agree that:

(i)

unless otherwise agreed between us, we have not undertaken any assessment or verification of the suitability of any Program for your personal fitness and strength levels;

(ii)

before participating in any exercises suggested within a Program, you must consult all relevant medical professionals to determine the suitability of a Program for you, including a physiotherapist or a general practitioner;

(iii)

you must assess each individual exercise recommendation within each Program and not undertake that exercise if you have a relevant pre-existing injury or health condition that may be exacerbated by an exercise recommendation;

(iv)

you must take all necessary precautions while undertaking any exercises or other activities associated with a Program, including ensuring a safe environment free of hazards, engaging in proper warm-up and warm-down exercises, remaining properly hydrated, and wearing and using appropriate clothing and equipment;

(v)

if at any time during an exercise you feel uncomfortable or as though the exercise is not suitable for you, you must immediately cease engaging in the exercise; and

(vi)

our liability to you is limited in accordance with clause 14.

(c)

(Physical risk) If you participate in any exercises suggested within a Program, you acknowledge that there is the potential for injury or death and participate with knowledge of the dangers of the dangers involved, including but not limited to physical injuries, muscle strains, high blood pressure, nausea and other symptoms inherent in strenuous physical exercise.

(d)

(No guaranteed outcomes) We make no representation or guarantee that any Program (or other content on the Platform) will be useful or relevant to you or that by performing the exercises including in a Program that you will achieve any particular fitness outcomes (including meeting specific health, fitness, weight or strength goals).

(e)

(Not medical or professional adviceNot medical or professional advice) The information on the Platform is not medical or professional fitness advice. You should not rely on this information as a substitute for medical advice or to diagnose or treat any medical condition. Any information provided to you on the Platform is not intended to diagnose, treat, cure or prevent any condition or to assist with rehabilitation of any injury. If you think you may have a medical issue please seek medical advice from a trained medical professional.

5.2

LEADERBOARD & YOUR DATA

(a)

As part of using 1RM Club within the Platform, you’ll generate data based on your Programs (including information about your progress, body weight, stop watch times, and other performance results) as well as by sharing other personal information with use when you register for an Account and other use the Platform (Your Program Data).

(b)

From time to time, you may be able to participate in challenges or competitions against other users of 1RM Club (Competitions). Your results from participating in any Competitions and Your Program Data may be made viewable by other users of the Platform on a leaderboard or similar ranking system from time to time (Leaderboard)

(c)

You acknowledge and agree that if you participate in any Competitions:

(i)

the relevant parts of Your Program Data will be visible to the other users of the Platform; and

(ii)

you will not manipulate, fabricate, or enhance any of Your Program Data to artificially improve your position on the Leaderboard.

(d)

We do not have any obligations to screen Your Program Data in advance of it being posted on any Leaderboard or as part of any Competition and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any of Your Program Data from the Platform at any time without giving any explanation or justification for removing Your Program Data.

(d)

By using the Platform to upload or create (as applicable) Your Program Data, you consent to us (and our agents or service providers) collecting, using, copying, modifying, reproducing, anonymising and commercialising, and adapting Your Program Data for the purpose of providing you access to the Platform, improving the Platform, and any other purpose in our discretion from time to time.

Customer Obligations

6.1

YOUR OBLIGATIONS

You agree:

(a)

to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited (and you must immediately notify No Knot of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security);

(b)

not to act in any way that may harm the reputation of No Knot or associated or interested parties or do anything at all contrary to the interests of No Knot or the Platform;

(c)

not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of No Knot;

(d)

that No Knot may change any features of the Platform offered through the Platform at any time without notice to you;

(e)

that information given to you through the Platform, by No Knot is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(f)

that No Knot may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.

Online Payment Partner

(a)

The Platform may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on behalf of Vendor’s.

(b)

You acknowledge and agree that No Knot may change the Online Payment Provider at its sole discretion.

(c)

The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. Stripe’s terms and conditions and privacy policy are accessible here.

(d)

You agree to release No Knot and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

Platform Limitations

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that No Knot cannot and does not represent, warrant or guarantee that:

(a)

the Platform will be free from errors or defects;

(b)

the Platform will be accessible at all times;

(c)

messages sent through the Platform will be delivered promptly, or delivered at all;

(d)

information you receive or supply through the Platform will be secure or confidential; or

(e)

any information provided through the Platform is accurate or true.

Intellectual Property

(a)

No Knot retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b)

You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it and adapting it for the purpose of using the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from No Knot or as permitted by law.

(c)

In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

Third Party Content

The Platform may contain text, images, data and other content provided by a third party (e.g. Vendors) and displayed on the Platform (Third Party Content). No Knot accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

Third Party Terms

(a)

By accepting these Terms, you acknowledge and agree that the terms & conditions of third party service providers (Third Party Terms) may apply to your use of the Platform from time to time.

(b)

You agree to any Third Party Terms applicable to third party services that are used in providing the Platform to you, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(c)

We will endeavour to notify you of Third Party Terms that apply to the Platform, in which case:

(i)

you must immediately notify us if you do not agree to such Third Party Terms; and

(ii)

if we do not receive a notice in accordance with this clause, you will be taken to have accepted those Third Party Terms, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(d)

You acknowledge and agree that if you do not agree to any Third Party Terms, we may cancel your Account and restrict your access to the Platform immediately.

Platform Disputes

(a)

Complaints in respect of specific Vendors or Vendor Products should be directed to the Vendor in accordance with clause 4.

(b)

You should direct any complaint or dispute in relation to Platform to No Knot via the functionality provided on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(c)

Any costs you incur in relation to a complaint or dispute will be your responsibility.

(d)

No Knot has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(e)

No Knot reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

(f)

In respect of any dispute you have with No Knot, you agree to notify us and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings (except urgent interlocutory remedies).

(g)

Notwithstanding any other provision of this clause, you or No Knot may at any time cancel your Account or discontinue your use of the Platform.

Security

No Knot does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

Disclaimer

(a)

(Limitation of liability) To the maximum extent permitted by applicable law, No Knot excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by No Knot. Where such liability cannot be excluded, our maximum aggregate liability to you in respect of loss or damage sustained by you under or in connection with these Terms or the Platform is limited to the total amount paid to No Knot by you in connection with the Platform as at the date of the first event giving rise to the relevant liability.

(b)

(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(c)

(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(d)

(Indemnity) You agree to indemnify No Knot and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

(i)

breach of any term of this agreement; or

(ii)

use of the Platform.

(e)

(Consequential loss) To the maximum extent permitted by law, under no circumstances will No Knot be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

Confidentiality

You agree that:

(a)

no information owned by No Knot, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b)

all communications involving the details of other users on this Platform and of No Knot are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

Privacy

You agree to be bound by the clauses outlined in No Knot’s Privacy Policy, which can be accessed here noknot.au

Collection Notice

(a)

We collect personal information about you in order to enable you to access and use the Platform to contact and communicate with you, to respond to your enquiries and for the other purposes set out in our Privacy Policy.

(b)

Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

Notice Regarding Apple

If you are accessing the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a)

this agreement is between you and No Knot and not with Apple. Apple is not responsible for the services or any content available on the Platform;

(b)

Apple has no obligation whatsoever to furnish any maintenance and support services for the Platform;

(c)

in the event of any failure of No Knot to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Platform. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be No Knot’s responsibility;

(d)

Apple is not responsible for addressing any claims by you or any third party relating to the Platform, including, but not limited to:

(i)

product liability claims;

(ii)

any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and

(iii)

claims arising under consumer protection, privacy, or similar legislation;

(e)

in the event of any third party claim that the Platform or your use of the Platform infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f)

that you represent and warrant that:

(i)

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

(ii)

you are not listed on any U.S. Government list of prohibited or restricted parties;

(g)

you must comply with applicable third party terms of this agreement when using the Platform; and

(h)

Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

Terminations

19.1

TERMINATION OF ACCESS TO PLATFORM

(a)

No Knot reserves the right to terminate your access to any or all of the Platform (including any Accounts) at any time without notice, for any reason.

(b)

You may terminate your Account at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, No Knot will effect such termination within a reasonable time after receiving written notice requesting the termination.

(c)

You acknowledge and agree that if your access to your Account is terminated for any reason, you will still remain liable for any fees payable any Vendor for all Vendor Products procured from that Vendor via the Platform (including ongoing subscriptions for the Vendor Products) including Products procured by Subsidiary Accounts.

19.2

SURVIVAL

(a)

Notwithstanding termination or expiry of your Account, any provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

Notices

(a)

A notice or other communication to a party under this agreement must be:

(i)

in writing and in English; and

(ii)

delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b)

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)

when replied to by the other party,

whichever is earlier.

General

20.1

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.7

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Name: Customer Support
Email: support@noknot.au
Our privacy policy was last updated on 22/02/2024

Definitions

(a)

(Singular and plural) words in the singular includes the plural (and vice versa);

(b)

(gender) words indicating a gender includes the corresponding words of any other gender;

(c)

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g)

(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h)

(i)

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision

In this article

Summary

1. Eligibility

2. Account

3. Acceptable Use

4. Vendors

5. 1RM Club

6. Customer Obligations

7. Online Payment Partner

8. Platform Limitions

9. Intellectual Property

10. Third Party Content