WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the Gymismo platform (Platform), and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Gymismo Holdings Pty Ltd ABN 38 644 206 717 (Gymismo, we or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Content Producers), which sets out additional terms that apply to Content Producers,
being individuals and business owners who are listing their content on the Platform; and
- Part C (Consumers), which sets out additional terms that apply to Consumers, being individuals who purchase content from the Content Producers on the Platform.
If you intend to use the Platform as a Content Producer, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Consumer, only Part A and Part C of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to the services available through our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
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 or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
A. All Users
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. By using the Platform, you represent and warrant that you are
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- 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;
- a secure password;
- business and store names;
- Australian Business Number;
- billing, postal and physical addresses;
- business phone or mobile number;
- bank details; and
- other information as determined by Gymismo from time to time.
- You warrant that any information you give to Gymismo in the course of completing the Account registration process will always be accurate, honest, correct and up to date. Failure to provide the correct details may lead to issues providing you with communications, payments or of the Services.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- Once you complete the Account registration process, Gymismo may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Gymismo reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Gymismo may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you acknowledge and agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Gymismo of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
- to not use the Platform for any purpose other than for the purpose of making arrangements
to provide or receive services,
including by not using the Platform:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Gymismo.
- not to act in any way that may harm the reputation of Gymismo or associated or interested parties or do anything at all contrary to the interests of Gymismo or the Platform;
- 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 Gymismo;
- that your use and participation in any of the content hosted on the Platform is at your own risk, and that Gymismo will not be responsible for any damage or injury to any person;
- that Gymismo does not check the credentials, claims or qualifications of any Content Producers listing content on the Platform, and does not make any warranties as to whether they are professional, qualified, or of any particular quality;
- that Gymismo may change any features of the Platform or Services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by Gymismo or another User including a Content Producer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Gymismo 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 3.
4. POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- You grant to Gymismo a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Gymismo to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Gymismo from any and all claims that you could assert against Gymismo by virtue of any such moral rights.
- You indemnify Gymismo against all damages, losses, costs and expenses incurred by Gymismo arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
- Gymismo acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Gymismo may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Gymismo will have no liability or obligation to you if:
- a Consumer or Content Producer cancels at any time after the time for performance of the Content Listing is agreed; or
- for whatever reason, including technical faults, the services in a Content Listing cannot be performed or completed, and you will not be entitled to any compensation from Gymismo.
6. ONLINE PAYMENT PARTNER
- We may use an online payment partner, such as Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
- 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.
- You agree to release Gymismo 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.
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
7. SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Gymismo cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
8. INTELLECTUAL PROPERTY
- Gymismo retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Gymismo or as permitted by law.
- 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.
9. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Gymismo 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.
10. THIRD PARTY TERMS
- Any service that requires Gymismo to acquire goods and services supplied by a third party on behalf of the Consumer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Gymismo to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
11. DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Gymismo via the contact details listed on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Gymismo 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.
- Gymismo 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..
- If you have a dispute with Gymismo, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 11, you or Gymismo may at any time cancel your Account or discontinue your use of the Platform.
Gymismo 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.
- (Introduction service) Gymismo is a medium that facilitates the introduction of Consumers and Content Producers for the purposes of Consumers buying courses and other content from the Content Producers, and for the Content Producers to have a platform on which to host their courses and sell them to the Consumers. Gymismo collects a service fee in consideration for providing this service and does not have any obligations or liabilities to, and is not a party to any contract between, Consumers and Content Producers in relation to such services or otherwise resulting from the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, Gymismo 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 any Content Producer. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (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.
(Indemnity) You agree to indemnify Gymismo 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’:
- breach of any term of this agreement;
- use of the Platform; or
- your provision or receipt of Services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Gymismo 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, or any services provided by any Content Producer (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that:
- no information owned by Gymismo, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Content Producer are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
We are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
16. NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- this agreement is are between you and Gymismo and not with Apple. Apple is not responsible for the Services or any content available on the Services;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
- in the event of any failure of Gymismo to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Gymismo’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services,
including, but not limited to:
- product liability claims;
- any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
- 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
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of this agreement when using the Services; and
- 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.
- Gymismo reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
In the event that a User’s Account is terminated:
- the User’s access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- the User may be unable to view the details of other Content Producers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
- Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Gymismo will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Gymismo will not be held accountable in relation to any transactions between Consumers and Content Producers where tax related misconduct has occurred.
19. RECORD / AUDIT
To the extent permitted by law, Gymismo reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Gymismo.
A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- 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.
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:
- 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
- when replied to by the other party,
whichever is earlier.
21.1. GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, 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.
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.
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.
21.4. 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.
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.
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.
21.7. 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.
- (singular and plural ) words in the singular includes the plural (and vice versa);
- ( gender ) words indicating a gender includes the corresponding words of any other gender;
- ( 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;
- ( 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;
- ( 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;
- ( 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;
- ( document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- ( headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- ( 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.
B. Content Producers
1. ELIGIBILITY AND QUALIFICATIONS
- You must verify that any Consumer is over 18 years old or has their parent or guardian’s consent to use the Platform.
- If in any of your Content Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Gymismo that you do hold such Qualifications and if requested, will promptly provide Gymismo with evidence of the Qualifications.
2. CONTENT LISTINGS
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible describing any listing you submit to the Platform in which you offer to provide content (Content Listing );
- Gymismo may choose not to accept any Content Listing you submit to the Platform, and Gymismo may limit the number of Content Listings you can submit to the Platform;
- any information you supply in a Content Listings must be reasonably true and accurate;
- you must take all reasonable steps to provide all content as described in every Content Listing that is accepted by a Consumer, including by not cancelling any part of such a Content Listing;
- you must deal with any dispute with a Consumer in accordance with clause 11 the Platform of Part A;
- any additional terms and conditions relating to a Content Listing, or a quote provided via the Platform, are solely between you and the relevant Consumer and do not involve Gymismo in any way, except that they must not be inconsistent with your or the Consumer’s obligations under this agreement; and
- Gymismo will have no responsibility for the accuracy, reliability or timeliness of any Consumer’s response to a Content Listing.
3. PROVISION OF SERVICES
You must ensure that all content specified in a Content Listing that is accepted by a Consumer are provided:
- in accordance with all applicable laws, regulations, tax obligations and industry standards;
- with due care and skill and in a professional, punctual and diligent manner;
- so that the content is fit for its intended purpose; and
- on the date and at the times set out in the Content Listing.
- Viewing the Platform and posting a Content Listing is free.
- You will be required to provide the cost of providing the content specified in each Content Listing to a Consumer ( Quoted Amount). We will charge you 20% of the Quoted Amount (Service Fee) for each Content Listing that is accepted by a Consumer.
- When a Consumer accepts a Content Listing, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Content Listing Fee’).
- The balance of the Content Listing Fee minus the Service Fee (Your Fee) will be held by Gymismo or the Online Payment Partner and transferred to your nominated bank account. Where the Online Payment Partner holds and transfers Your Fee, it will be in accordance with the Online Payment Partner’s terms and conditions.
Where the Online Payment Partner holds funds on your behalf, you:
- appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Consumer;
- agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
- agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location.
- Gymismo reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
- You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
5. REFUNDS & CANCELLATIONS
- Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Content Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Gymismo decides to investigate your request, you must provide assistance and information to Gymismo as reasonably requested.
- You must ensure that your cancellation policy and refund policy in relation to you or Consumers cancelling an accepted Content Listing is in compliance with all applicable laws.
If we accept your request to cancel a service set out in an accepted Content Listing, we may take one or
more of the following actions:
- cancel your Account and/or any membership you hold in connection with the Platform;
- refund the Quoted Amount to the relevant Consumer; and
- if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
- The Service Fee is by default non-refundable for change of mind. However, Gymismo may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- You agree to honour and comply with the process set out in this clause 5 in the event of a pricing error in a Content Listing.
6. BINDING CONTRACT
You agree that when a Consumer submits an enquiry in response to your Content Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Consumer with the service as specified in the relevant Content Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Consumer) when you respond to an email or message on the Platform confirming that you accept the Consumer’s offer.
By listing yourself as a Content Producer on the Platform, posting a Content Listing, you represent and warrant that:
- you are able to fulfil the requirements of the services specified in the Content Listing;
you will provide services to each Consumer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
- any individuals involved in your performance of services to any Consumer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
1. SERVICE LISTINGS AND FEES
You acknowledge and agree that:
- if you respond to a Content Listing once a Content Producer responds to it, that will constitute your offer and intention to enter into a contract with the Content Producer;
- for each Content Listing you purchase on the Platform that is accepted by the relevant Content Producer, the Quoted Amount will be debited from your Account and Gymismo will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you; and
- any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Content Producer and do not involve Gymismo in any way, except that such terms and conditions must not be inconsistent with your or the Content Producer’s obligations under this agreement.
- (Payment obligations) Unless otherwise agreed in writing with the Content Producer, you must pay for all content specified in an accepted Content Listing prior to the Content Producer performing those services.
- (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Content Producer, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
3. LINKED BUSINESSES
You acknowledge and agree that:
- the Platform provides links and introductions to Content Producers owned and operated by third parties that are not under the control of Gymismo;
- the provision by Gymismo of introductions to Content Producers does not imply any endorsement or recommendation by Gymismo of any Content Producer;
- Gymismo does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Content Producer who uses or is listed on the Platform; and
- any terms and conditions relating to a Content Listing or quote provided via the Platform constitute a contract between you and the Content Producer once agreed in accordance with clause 1 and do not involve Gymismo in any way.
4. COMMUNICATION OUTSIDE THE PLATFORM
- You must not communicate with a Content Producer, or request or entice a Content Producer to communicate with you, outside the Platform (except in the course of accepting Content Producer services that were agreed in a Content Listing or Service Request).
- Gymismo, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.