Terms of Use

Flexxy Challenge- Front Splits Terms of Use

1. ADDICTIVE POLE FITNESS WEBSITE TERMS OF SERVICE

The Addictive Pole Fitness website at https:www.addictivepolefitness.com (the Website) is owned and operated by Cali B Pty Ltd (ACN 637 851 211) ATF Cali B Trust (ABN 14 778 990 432) t/as Addictive Pole Fitness of 4/1 Elayne Street, Underwood, QLD 4119. TEL: +61 477046046 (Addictive Pole Fitness, we, us, our).

By clicking “I accept” during any registration process on this Website, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, related booking software, all tutorials and information contained therein, including the use of the information services provided through this Website.

Upon signing up, Addictive Pole Fitness or a Third Party Provider will provide you with a password and user account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.

Each membership term commences on the date of your successful registration/renewal, or the date stated in your membership set up and is effective for the period specified in your membership terms and conditions. Members’ content is available within an active membership term only and cannot be extended outside of these times.

You acknowledge that your termly membership provides access to applicable content/resources/classes at the time of payment and ongoing access to all material at your membership level for the duration of active membership. All class passes have an expiry of seven (7) days and cannot be extended or transferred. Addictive Pole Fitness reserves the right to publish additional exclusive material and add additional membership tiers, packages and plans at our sole discretion.

Suppose you, or a user on whose behalf you sign up (including a minor), breaches these terms and conditions. In that case, you acknowledge that we may immediately suspend or terminate your account without refund and take appropriate legal action (if we choose) against you alone. Further, you acknowledge that Addictive Pole Fitness is entitled to suspend or terminate your use of the Website or membership at any time if you do not comply with the conditions of usage outlined here.

Suppose you are signing up on behalf of a minor. In that case, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms. Minors under the age of 14 are not permitted to use the Addictive Pole Fitness platform or studios.

2. PAYMENT AND REFUNDS

Sign-ups are subject to acceptance by Addictive Pole Fitness. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Ongoing access to the Addictive Pole Fitness service is always subject to payment first being made by you. To remove doubt, by placing an order, you make an offer to purchase the relevant membership that is the subject of your order. Addictive Pole Fitness reserves the right to terminate your access to our service if you are not up to date with any payments. Addictive Pole Fitness is an ongoing weekly membership service. You acknowledge and agree to the payment terms as outlined upon placement of your order/your sign-up.

We use secure third-party payment gateways such as Ezi-Debit, Stripe or a similar service for most financial transactions. We cannot access your credit card or other financial details. You agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

Our membership fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

To the extent permitted by law, and subject to any rights you may have under the Australian Consumer Law:

1. All fees are non-refundable and are non-transferable unless:

   1. During the period in which you have paid for access to our service through this Website or our booking software, the service is unavailable. In this circumstance, a pro-rata refund may be granted upon written request by email at underwood@addictivepolefitness.com, however, you acknowledge that we may refuse a request where we can provide the service to you through alternative means (such as online or extension of passes).

2. You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund, your membership with us is at an end, and we will cancel your account. You agree that this is your sole remedy in these circumstances.

3. All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your membership before the end of the membership term. You must provide four (4) days’ notice before the end of the term, and you will not be granted a refund. Your account will continue to be debited until the end of the agreed period (e.g. the full-term).

3. CONDITIONS OF USE OF SITE

SEEK ADVICE FROM A MEDICAL PROFESSIONAL

As with any physical activity, it is essential that before beginning any pole dance, dance, fitness, stretch or conditioning regime (ie, embarking on any tutorial or class presented on Addictive Pole Fitness), you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that apply to you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

No information contained on the Website or in Studio is intended to be used as medical advice. The Website, Studio or Instructors are not intended to diagnose, treat, cure, or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, in Studio or from Instructors, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. Addictive Pole Fitness cannot be held liable for any loss, damages, or injury arising from a member’s use of the Website and any tutorials or classes contained therein.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

OUR SERVICE

Our service shall be delivered as described on our Website. You acknowledge and understand that access to any specific instructor mentioned on the Website is not guaranteed in person or online.

INFORMATION AND INSTRUCTION PROVIDED ON THE WEBSITE

All information and instruction on the Website or in Studio is provided in good faith. We derive our information from sources that we believe to be accurate and up to date as of publication. All tutorials and classes are delivered in good faith and in line with industry best practices. We may update any information at any time. However, you acknowledge that the information presented and instruction presented in the tutorials or classes may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information or instruction we provide is reliable, accurate or complete, and we make no guarantees of any specific result from the use of this Website or the tutorials and classes or information provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken by you or reliance by you on any information, tutorial or material available on the Website or in classes.

The Addictive Pole Fitness instructor team includes experts on pole dancing. Our instructors may receive requests from members about that member’s specific circumstances or may provide pole dancing, conditioning, dance, or flexibility training information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment, or rehabilitation and may refer the member to third party resources. Any referrals to official bodies are not intended and should not be construed as an endorsement, promotion, or recommendation by Addictive Pole Fitness.

RECOMMENDATIONS ON THE WEBSITE

Certain parts of the Website may provide recommendations for tutorials or classes based on the input and data. These recommendations generated by the Website are generic automated responses that are pre-programmed. They do not consider any other factors that may be relevant to you. They are provided for general information purposes only and are not professional opinions or advice. To the extent permitted by law, we are not liable or responsible for any tutorial recommendations generated by the use of the Website.

FITNESS LEVEL

You require a moderate fitness level to follow the instructions set out in Addictive Pole Fitness tutorials and classes. Persons with pre-existing medical conditions, poor health, or any concerns about commencement of a new pole dance, dance, conditioning, fitness or flexibility regime should consult with an appropriate healthcare professional before beginning any Addictive Pole Fitness tutorials or classes. You are responsible for making your inquiries and seeking independent advice from a healthcare professional before acting on any information, tutorials, or material made available to you through our Website or in classes. The information and tutorials on the Website or in classes may not suit your circumstances. Suppose you fall within one of the following classes of persons. In that case, you should first consult a healthcare professional before following any tutorials or classes or using any of the information on the Addictive Pole Fitness Website or Classes:

• Pregnant women and women who are breastfeeding or who are trying to conceive a child;

• Persons currently suffering from, recovering from or recently recovered from illness or injury.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website or in Studio is an information service only and that you are solely responsible for (at your discretion) following (or not following) any tutorial and classes that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity. We are not responsible for any injuries that you may suffer due to following Addictive Pole Fitness tutorials or classes. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Before participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. This is a risk warning pursuant to the various civil liability and consumer protection legislation to the extent permitted and required by law. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

Quality of the Website and App

We do not promise that the Website or App will be error-free or uninterrupted. The Website or App and its content are delivered on an “as-is” and “as available” basis. We cannot ensure that files you download from the Site will be free of viruses, contamination, or destructive features. Addictive Pole Fitness cannot guarantee receipt of emails or other internet-based communications such as via Facebook, TikTok or Instagram from us. The delivery of video tutorials and App performance depends on third-party providers and, therefore, outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

THIRD-PARTY CONTENT

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users referred to below). The information made available over the Website contains opinions or judgements of third parties (including advertisers). We do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content. We will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate any such information’s accuracy, completeness, and usefulness.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to our team at underwood@addictivepolefitness.com. We may investigate the claim and take appropriate action in our sole discretion.

NON ADDICTIVE POLE FITNESS SERVICES

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, Facebook Group, or its associated forums, without written consent from the Addictive Pole Fitness. If in the opinion of the Addictive Pole Fitness members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Addictive Pole Fitness reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

SECURITY OF INFORMATION

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

CONSUMER RIGHTS

Under the Australian Consumer Law, we guarantee that the services we supply are provided with due care and skill, reasonably fit for their specified purpose, and are provided within a reasonable time.

Terms Implied by Law

All implied guarantees, warranties and conditions of any kind in connection with the Website and its contents or our services are expressly disclaimed. Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our liability for that breach under the relevant law, our liability will be limited to

1. If the breach relates to services, re-supplying, or paying the cost of re-supplying, those services

LIMITATION OF LIABILITY

INDIRECT AND CONSEQUENTIAL LOSS

To the extent permitted by law, and without limiting any non-excludable consumer rights you may have, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services or tutorials on the Website or in Studio, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

TOTAL LIABILITY

To the extent permitted by law, our total liability in respect of all claims in connection with these terms and conditions (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under these terms and conditions up until and including the date the cause of action accrued.

The limitations of liability set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

4. INDEMNITY

You agree to indemnify us and our employees, agents, subcontractors and instructors from and against any third-party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of:

(a) your breach of these terms and conditions;

(b) your use of, or access to the Website or in Studio, its services and tutorials; and

(c) any failure to comply with any law,

except that you are not required to indemnify us for any losses, expenses, damages, and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were was caused or contributed to by any negligent or willful act or omission by us.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, tutorials, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. All rights are reserved by us.

All names, logos and trademarks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

1. Sharing the content of this Website or in Studio or your account with other persons;

2. Publishing or posting any of the content (such as tutorials or text) on any other website, including on social media pages or websites;

3. Using the logo or trademarks of this Website, the word “Addictive Pole Fitness” or “Home Studio” (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services whatsoever (including goods and services such as pole dance instructional services and pole dance related products);

4. Registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, Addictive Pole Fitness; and

5. Systematic downloading or “scraping” of content of the Website.

From time to time, we may monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

1. The frequency and nature of any downloads; and

2. The time of access and IP addresses used to access the Website.

We may suspend, limit, or terminate your access to the Website (at our discretion) if we reasonably suspect that you are in breach of these terms based on such monitoring results.

6. USER-GENERATED CONTENT

This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including potential features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error-free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

Because we are not able to guarantee that the implementation of the Access Controls is error-free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither Addictive Pole Fitness nor you may be able to control the further disclosure and publication of that User Content.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:

1. You warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;

2. You grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-license, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);

3. You must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and

4. To the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason.

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. Addictive Pole Fitness accepts no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone, or endorse any User Content of any other user and are not responsible for such content's accuracy, legality, or decency. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.

Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our team at underwood@addictivepolefitness.com.

7. PERMITTED USE

We prohibit the use of this Website and any of its functionalities, features, content and tutorials in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

1. You are legally responsible for all User Content you submit;

2. Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;

3. We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

4. You will not:

• Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

• Bypass (or attempt to bypass) any security mechanisms imposed by the Website;

• Harvest or collect email addresses, photographs or personal information of other users;

• Impersonate any person or entity;

• Post or transmit false or misleading material or make any form of misleading or deceptive representation;

• Knowingly post or transmit or permit the posting or transmission of any material which contains a computer virus or other harmful data, code or material;

• Exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);

• Provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or

• Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and

• At our request, you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

8. LINKED WEBSITES

The Website (or User Content) may reference or link to third-party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

9. VARIATION

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Addictive Pole Fitness members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:

1. Received notice of such changes when we place a notice on the Website setting out the changes; and

2. Agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.

If you do not agree with the changes, before you access your account, you may notify us by emailing underwood@addictivepolefitness.com and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your membership fee calculated by reference to the amount of time remaining on your membership.

10. INTERNET SAFETY

This Website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:

(1) Encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content; (2) notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law; (3) warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below; (4) encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: https://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do; (5) notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au; and (6) encourage you to contact our team at underwood@addictivepolefitness.com if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.

We request the Australian Communications and Media Authority contact the team at underwood@addictivepolefitness.com to send any takedown notices.

11. PERSONAL INFORMATION COLLECTION NOTICE

In registering for access or using this Website or our related services (eg.MindBody), you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, and your age. Suppose you do not provide all of the personal information that we request. In that case, you may not be able to complete the registration process, or we may not be able to provide all or some of our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send you updated information and other promotional material.

While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in the United States.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your name to display your User Content, publicly profiling your progress on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Our Privacy Policy can be viewed in full at www.apfu.com.au/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

12. SEVERANCE & TERMINATION

Addictive Pole Fitness may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.

Suppose a provision of these terms is void, illegal or unenforceable. In that case, it may be severed without affecting the enforceability of the other terms.

13. SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement: “terms implied by law”, “indirect and consequential loss”, “total liability”, “indemnity”, “intellectual property” and “user-generated content”.

14. GOVERNING LAW

These terms are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.