Terms of Service

Overview

This website is operated by Good Leap Pty Ltd trading as Keep Active Australia (ABN 88 654 756 457) (also known as "KeepActive”).

Throughout the site, the terms "we”, "us” and "our” refer to KeepActive. KeepActive offers this site, together with all associated apps and social media platforms (together "this site”), including all information, tools and services available from this site to you, the "user”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, our community guidelines and our privacy policy (https://keepactive.com.au/privacy). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our site.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all these Terms of Service, you must immediately cease accessing this Site and cease using our Services.

If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians. All organisers and participants in groups and events should be over 18 years of age. Where children are accompanying adults, they must be supervised by the accompanying adult or guardian who is solely responsible for the care and oversight of the child.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

Section 1 - General Terms

You may not use our site, our Services or any of our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any content or any code of a destructive nature(such as a virus) that is damaging to the computer systems or data of KeepActive.

If you breach or violate of any of these Terms of Service, without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide Services to you if:
    • you breach any provision of these Terms of Service;
    • we are unable to verify or authenticate any information that you provide to us; or
    • we believe that your actions may cause damage and/or legal liability to us, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms of Service.
Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.

We may use one or more third-party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site, our Services, use of the Service, or access to the Service or any contact on the site through which the Service is provided, without express written permission by us (which may be withheld in our sole discretion).

Section 3 - Orders

Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the Services that you have selected pursuant to these Terms of Service. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any Services to you – however, we will endeavour to supply your selected Services to you.

We will not commence processing any order made through this site unless and until:

  • payment for the order has been received by us in full; and
  • the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

  • at any time prior to your order being accepted in accordance with these Terms of Service, cancel all or part of your order; and
  • at any time:
    • refuse to provide Services to you;
    • terminate your access to this site; and/or
    • remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when we either:

  • provide the Services to you, at the time at which we commence providing the Services; or
  • notify you in writing that your order has been accepted, at the time at which such notification is sent by us.

Refunds and other remedies

Except as expressly provided otherwise in these Terms of Service, all amounts paid through this site are non-refundable. Further information on the steps that we will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading " Section 14 - Disclaimer Of Warranties; Limitation Of Liability" in these Terms of Service below.

Section 4 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Please note that KeepActive is not the organiser of the various groups, meets and activities mentioned on this site. KeepActive is merely providing a platform for connections. All organisers and participants are responsible for their own safety and health.

Section 5 – Intellectual Property

Copyright

In these Terms of Service, the term "Proprietary Content" means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by the Proprietor in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of keepactive.com.au or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Service or with our prior written consent or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of us.

User Content

In these Terms of Service, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at our absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
  • grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.

Please note that this site and KeepActive’s social media platform pages contains some features that enable you and other users to upload user content. KeepActive reserves the right to display, refuse to display, remove and/or amend all or any part of any user content at its absolute discretion. KeepActive may also use that user content for the primary purpose and the purpose of marketing. In respect of any user content that you upload, you:

  • represent and warrant to us that your sharing of that user content does not infringe any copyright or other legal right of any other person; and
  • grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.
Section 6 - Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 7 - Services

All descriptions of Service pricing are subject to change at anytime without notice, at our sole discretion. We may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and, to the extent permitted by law, without liability for any reason, or for no reason.

Section 8 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - Submissions and Content provided by website users

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the site or any associated app or social media platform, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the site, app or platform.

You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the site or any of the services offered on the site or in relation to information provided by our site users.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

Please do not post personal information (including email addresses, phone numbers and other contact information) on group pages (such as the group description, group messages), event pages (such as the group description, event comments) and other sections of the site as these may be publicly visible.

Section 11 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service or our community guidelines, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES OR ACTIVITIES PURCHASED OR OBTAINED THROUGH THIS SITE (INCLUDING GROUP ACTIVITIES AND EVENTS PROVIDED BY THIRD PARTIES), INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, we and our employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

To the maximum extent permitted by law, we and our employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Service or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, we and our employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release us and our employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Service, we exclude liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless KeepActive and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, our community guidelines and any other policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria.

Section 19 - Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.