Fitness Meeting Point Terms & Conditions ( FMP )
Last Updated 2016
It is important to us that you understand these terms and conditions which relate to your use of www.fitnessmeetingpoint.com. If you have any questions, please contact us at firstname.lastname@example.org or via the contact us page.
We may change the FMP Terms at any time. If we do, an amended version of the FMP Terms will be posted on the FMP Site. You are responsible for ensuring that you regularly review the FMP Terms and your continued use of the FMP Site after any changes are made to the FMP Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the FMP Terms, or otherwise become dissatisfied with your membership of the FMP Site, your only remedy is to immediately:
Discontinue your use of the FMP Site; and/or
Terminate your membership in accordance with the FMP Terms.
Membership and subscription
You must be at least 18 years old to become a member of the FMP Site. You must not attempt to register if you are under 18 years old.
When registering as a member of an FMP Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant FMP Site.
As a member of an FMP Site, you are permitted to create one profile for yourself on that FMP Site. You must not create multiple member profiles on the one FMP Site.
Termination and suspension
You may terminate your membership of an FMP Site for any reason only by providing written notice to us. You can provide notice of termination by:
Selecting ‘cancel account’ within your Account settings and following the instructions;
Mailing it to our postal address listed on the About Us page; or
Emailing us via the Contact Us page.
We reserve the right to, without limitation, do any or all of the following in relation to your membership:
Suspend your membership;
Permanently or temporarily hide all or part of your member profile;
Modify your member profile;
Terminate your membership for any reason by providing notice to you by email;
Terminate your membership immediately without notice to you if you have committed a breach of the FMP Terms;
Deactivate your membership if you have not used the FMP Site for a period of 12 months or more (from the date of last use); and/or
Permanently or temporarily block your access to all or part of the FMP Site.
Service and features
You may become a member of the FMP Site at no cost. As a member you will have the ability to access some, but not all, of the features and services on the relevant FMP Site.
As a member, you will also have the ability to access chargeable features and services available on the FMP Site (such as communicating with other members, subscription services or any other chargeable service or feature that becomes available from time to time).
Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on the FMP Site. Any such additional terms and conditions form part of the FMP Terms.
We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on the FMP Site.
We reserve the right to change the pricing for any chargeable service or feature on the FMP Site at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the FMP Site or terminate your membership in accordance with the FMP Terms.
Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on the FMP Site will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.
In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
While we use reasonable endeavours to ensure that the FMP Site are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the FMP Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any service or feature of the FMP Site in whole or in part any time.
You are not permitted to transfer any services or features purchased by you to any other person.
In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
We may at any time request a form of identification to verify your identity and/or your compliance with the FMP Terms.
Any images, sounds, or text (Content) that you transmit or post on an FMP Site, or otherwise transmit to any other member of an FMP Site by any other means, must be complete and accurate.
You agree not to post or transmit on an FMP Site, or otherwise transmit to any other member of an FMP Site by any other means, Content that:
Is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
Is false or misleading in any way;
Infringes the rights of any third party;
You do not have a right to make available under any law or contractual obligation;
Is sexually explicit or contains sexual references / innuendo;
Pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
Contains restricted or password only access pages, or hidden content; or
Contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Without limiting the above, you must not transmit or post on an FMP Site, or otherwise transmit to any other member of an FMP Site by any other means, any images that contain:
Images of any person other than you;
Images of animals;
A cartoon or illustration.
You are solely responsible for Content that you transmit or post on an FMP Site, or otherwise transmit to any member of an FMP Site by any other means.
We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the FMP Site, or otherwise transmitted to any member of an FMP Site by any other means, by any person.
We reserve the right, but have no obligation, to review Content transmitted or posted on the FMP Site, or (where possible) otherwise transmitted to any member of an FMP Site by any other means.
Without limiting your responsibilities under the FMP Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the FMP Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the FMP Site, or otherwise transmitted to any other member of an FMP Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on Content posted or transmitted on the FMP Site, or otherwise transmitted to any other member of an FMP Site by any other means.
Use of the FMP site and prohibited activities
You agree not to use the FMP Site (or contact any other member of an FMP Site) to:
Defame, abuse, harass, stalk, threaten or otherwise offend others;
Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
Impersonate or create a profile for any person or entity;
Promote, or provide information about, illegal activities or conduct;
Promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
Exploit any person under the age of 18, or to solicit information from anyone under 18; or
Solicit money, passwords or personal information from any person.
You also agree not to
Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the FMP Site;
“frame” or “mirror” any part of the FMP Site without our prior written authorization;
Use code or other devices containing any reference to the FMP Site to direct other persons to any other web page;
Except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the FMP Site or cause any other person to do so.
The FMP Site is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The FMP Site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the FMP Site is prohibited.
We have no obligation to monitor any member’s use of an FMP Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Safe interaction, complaints and disputes
Unfortunately, it is possible that other members of an FMP Site may use the FMP Site in violation of the FMP terms. For example, it is possible that another member may post or transmit on the FMP Site Content that is obscene or offensive, or use the FMP Site to harass you.
We take your online and offline security very seriously. As such, we have prepared some Safe Dating guidelines to help you enjoy your experience on the FMP Site and avoid problems when interacting with other members.
We urge you to be cautious when interacting with other members of an FMP Site. You should carefully select the Content that you post or transmit on an FMP Site, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on an FMP Site, or otherwise transmit to any other member of an FMP Site by any other means, will be considered non-confidential.
If you are experiencing problems with any other member of an FMP Site and would like to make a complaint, please send us an email via the Contact Us page. Note that you can also use the ‘FMP block’ feature if you wish to stop any other member from contacting you.
We may record and store any information relating to any complaint made against you.
We reserve the right, but have no obligation, to monitor disputes between members of an FMP Site.
You agree to hold us harmless in connection with any dispute or claim that you make against any other member of an FMP Site.
We own and retain all proprietary rights in and relating to the FMP Site. Proprietary rights in and relating to the FMP Site must not be used in any way without our prior written consent.
You warrant that any Content that you post or transmit on an FMP Site, or otherwise transmit to any other member of an FMP Site by any other means, will not infringe the intellectual property rights of any third party.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on an FMP Site, or otherwise transmitted to any member of an FMP Site, other than their own Content, without the express written permission of the relevant owner.
If you believe that any Content has been posted or transmitted on an FMP Site, or otherwise transmitted to any member of an FMP Site by any other means, in violation of your rights, please send us an email via the Contact Us page.
From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
External Activities may be subject to separate terms and conditions.
You acknowledge that you participate in any External Activities entirely at your own risk.
In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the FMP Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third party website and advertising
From time to time, the FMP Site may feature or display hyperlinks and pointers to website operated by third parties. Such website do not form part of the FMP Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party website you leave the FMP Site entirely at your own risk.
From time to time, the FMP Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of liability and indemnity
You acknowledge that you use the FMP Site at your own risk.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the FMP Site, or any other members’ use of or conduct in connection with the FMP Site, in any circumstance.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the FMP Site, including any breach by you of the FMP Terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the FMP Terms, might apply in relation to your use of the FMP Site. In particular, we do not make any representations or warranties that the FMP Site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the FMP Site.
To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the FMP Site purchased by you during the term of your membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the FMP Terms or your use of the FMP Site.
The FMP Terms represent the entire agreement between you and us regarding your use of the FMP Site.
If any provision of the FMP Terms is held to be invalid, the remainder of the FMP Terms shall continue in full force and effect.
You agree that the FMP Terms will be governed by the laws of Australia.
Upgraded membership terms and conditions
Standout, Premium and Premium+ are premium membership services that give members access to a range of additional tools and functionality. Details of current membership options and prices are available at the FMP product page.
Standout, Premium and Premium+ memberships are available through online credit card payments or Paypal. When you purchase a memberships via credit card, your credit card details will be stored to allow automatic renewals. Other payment methods, such as PayPal, are one off purchases and will not renew automatically. See the FMP product page for further detail.
To ensure an uninterrupted service, the FMP paid memberships will be automatically renewed 1 day before they expire. You can remove or change your credit card details and cancel the automatic renewal at any time from the FMP membership payments management page.
There is no obligation or minimum amount of months for which you need to be subscribed. If you let us know before the end of your current subscription period that you no longer wish to subscribe, we will cancel your subscription to take effect at the end of that period.
You cannot put your paid FMP membership on hold.
If your paid membership lapses or is cancelled, then you lose access to your paid features. However, all of your settings are remembered, and will be reinstated if you choose to renew.
If your Premium+ membership lapses or is cancelled, then you lose the stamps received from the membership which haven’t been used yet
Stamps received from a Premium+ membership roll over to the next month if they haven’t been used in the month.