Aquagility Pty Ltd trading as Aqua Fitness Online
1. About the Aqua Fitness Online
1.1. Welcome to Aqua Fitness Online (AFO) – Aqua Fitness Instructional and Educational Videos (the ‘Services’).
1.2. AFO is operated by Aquagility PTY. LTD. (ACN 620236197) . Access to and use of AFO, or any of its associated Products or Services, is provided by Aquagility. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the AFO, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of AFO, or any of its Services, immediately.
1.3. Aquagility reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Aquagility updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing AFO. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Aquagility in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through AFO (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through AFO before you can access the Services (the ‘Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.5. You warrant that any information you give to Aquagility in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of AFO (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the end of the 30 day subscription period expires (the ‘Subscription Period’).
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Aquagility; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Aquagility of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of AFO is limited, non- transferable and allows for the sole use of AFO by you for the purposes of Aquagility providing the Services;
(e) you will not use the Services or AFO in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Aquagility;
(f) you will not use the Services or AFO for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to AFO;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from AFO without notice and may result in termination of the Services. Appropriate legal action will be taken by Aquagility for any illegal or unauthorised use of AFO; and
(h) you acknowledge and agree that any automated use of AFO or its Services is prohibited.
5.1.Where the option is given to you, you may make payment of the 30 day Subscription Fee before receiving the service, by way of:
(a) Credit Card Payment (‘Credit Card’)
(b) PayPal (‘PayPal’)
5.2. Once payment is received a receipt will be sent via email.
5.3. All payments made in the course of your use of the Services are made using Square, Eway, Paypal. In using AFO, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square, Eway, Paypal terms and conditions which are available on those respective websites.
5.4. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
5.5. You agree and acknowledge that Aquagility can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund Policy
Aquagility will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Aquagility makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
7. Copyright and Intellectual Property
7.1. AFO, the Services and all of the related products of Aquagility are subject to copyright. The material on AFO is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of AFO (including but not limited to text, graphics, logos, button icons, video images, audio clips, AFO, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Aquagility or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Aquagility, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use AFO pursuant to the Terms;
(b) copy and store AFO and the material contained in AFO in your device’s cache memory; and
(c) print pages from AFO for your own personal and non-commercial use.
Aquagility does not grant you any other rights whatsoever in relation to AFO or the Services. All other rights are expressly reserved by Aquagility.
7.3. Aquagility retains all rights, title and interest in and to AFO and all related Services. Nothing you do on or in relation to AFO will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Aquagility and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on AFO, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Aquagility will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.2. Use of AFO and the Services is at your own risk. Everything on AFO and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Aquagility make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Aquagility) referred to on AFO. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on AFO, the Services, or any of its Services related products (including third party material and advertisements on AFO);
(c) costs incurred as a result of you using AFO, the Services or any of the products of Aquagility; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Education Services
10.1. By using our services, you agree that Aquagility is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Aquagility liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Aquagility.
10.2. All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Aquagility takes no responsibility for your actions, choices or decisions.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Aquagility. Competitors are not permitted to use or access any information or content on AFO. If you breach this provision, Aquagility will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Limitation of liability
12.1. Aquagility’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Aquagility, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by Aquagility as set out below.
13.2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing Aquagility with 1 days’ notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where Aquagility has made this option available to you.
Your notice should be sent, in writing, to Aquagility via the ‘Contact Us’ link on our homepage.
13.3. Aquagility may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) Aquagility is required to do so by law;
(d) the provision of the Services to you by Aquagility is, in the opinion of Aquagility, no longer commercially viable.
13.4. Subject to local applicable laws, Aquagility reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of AFO or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Aquagility’s name or reputation or violates the rights of those of another party.
14.1. You agree to indemnify Aquagility, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on AFO or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by Aquagility is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to AFO, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Aquagility Pty Ltd trading as Aqua Fitness Online
1. We respect your privacy
1.1. Aquagility Pty Ltd trading as Aqua Fitness Online respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
1.3. “Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
2. What personal information is collected
2.1. Aquagility Pty Ltd trading as Aqua Fitness Online will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.4. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. How we use your personal information
4.1. Aquagility Pty Ltd trading as Aqua Fitness Online may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
4.2. Aquagility Pty Ltd trading as Aqua Fitness Online will use personal information only for the purposes that you consent to. This may include to:
(a) provide you with products and services during the usual course of our business activities;
(b) administer our business activities;
(c) manage, research and develop our products and services;
(d) provide you with information about our products and services;
(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(f) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
6. General Data Protection Regulation (GDPR) for the European Union (EU)
6.1. Aquagility Pty Ltd trading as Aqua Fitness Online will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
6.2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6.6 We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
6.8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. Your rights under the GDPR
7.1. If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Aquagility Pty Ltd trading as Aqua Fitness Online complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
7.2. Except as otherwise provided in the GDPR, you have the following rights:
(a) to be informed how your personal information is being used;
(b) access your personal information (we will provide you with a free copy of it);
(c) to correct your personal information if it is inaccurate or incomplete;
(d) to delete your personal information (also known as “the right to be forgotten”);
(e) to restrict processing of your personal information;
(f) to retain and reuse your personal information for your own purposes;
(g) to object to your personal information being used ;and
(h) to object against automated decision making and profiling.
7.4. We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.
8.2. We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Aquagility Pty Ltd trading as Aqua Fitness Online’s Data Protection Officer.
8.3. The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Aquagility Pty Ltd trading as Aqua Fitness Online’s Data Protection Officer.
8.4. Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Aquagility Pty Ltd trading as Aqua Fitness Online’s Data Protection Officer.
8.5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
9.1. Aquagility Pty Ltd trading as Aqua Fitness Online is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
10. Access to your personal information
10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at email@example.com.
10.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to firstname.lastname@example.org. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
13.1. When you visit our website
When you come to our website (www.aquafitnessonline.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.3. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Aquagility Pty Ltd trading as Aqua Fitness Online is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.