This website is operated by ABN: 96 829 151 330 trading as Activetoo. Throughout the site, the terms “we”, “us” and “our” refer to Activetoo. Activetoo offers this website, 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 accessing or using any part of this website or our Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
The content of the pages of this website are for your general information and use only. All content is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, for which Activetoo shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
AUSTRALIAN USE ONLY
The information contained on this website is published by us and is intended for use in Australia. If you access this website from outside Australia you do so at your own risk and you may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
Nothing in these Terms of Service limits any rights you may have under Commonwealth or State Legislation, including Competition and Consumer Laws. Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
COMMERCIAL USE ONLY
This is a commercial website and is not intended for use by persons under the age of 18. If you are under the age of 18 you must seek consent from your parent or guardian to allow you to access the information contained on this website.
ACCURACY OF INFORMATION
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers and availability. Activetoo takes all reasonable care in publishing the information available on this website however to the extent permitted by law does not warrant the accuracy or completeness of the information available and excludes any liability which arises from any decision taken on the basis of the information provided on this website. All descriptions of products, services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.
THIRD PARTY SERVICES
Although the Services we provide may allow you to access or use Third Party Services, they are not “Services” under our Agreement with you and are not subject to any of the warranties or obligations of these Terms of Service. The availability of any Third Party Services through this site does not imply Activetoo’s endorsement of or affiliation with the provider.
Activetoo does not control Third Party Services and will have no liability to you in connection with any Third Party Services. Activetoo has no obligation to monitor or maintain Third Party Services, and may disable or restrict access to any Third Party Services at any time. By using or enabling any Third Party Offering, you are expressly permitting Activetoo to disclose your data or other information to the extent necessary to utilise the Third Party Offering. Your use of Third Party Services is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Services (such as terms of service or privacy policies of the providers of such Third Party Services).
WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant that the website is free from any viruses, worms or any code of a destructive nature. You agree that from time to time we may remove the website from service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality of service, fitness for purpose and non-infringement.
LIABILITIES
In no case shall Activetoo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured using this website, or for any other claim related in any way to your use of the service or product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
INDEMNITY
You agree to indemnify, defend, and hold harmless Activetoo from and against any and all third party claims alleged or asserted against Activetoo, and all related charges, damages and expenses (including, but not limited to, solicitors' fees and costs) arising from or relating to:
(a) any actual or alleged breach by you or your representative of any provisions of this Agreement;
(b) any access to or use of our Services by you or your representative;
(c) any actual or alleged violation by you or your representative of the intellectual property, privacy or other rights of a third party; and
(d) any dispute between you and another party.
INTELLECTUAL PROPERTY
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us. You also agree not to use any information gained in any way from this website for commercial purposes for profit or gain whether directly or indirectly.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. You may not create a link to this website from another website or document without prior written consent.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Activetoo endorses the website(s). Activetoo has no responsibility for the content of any linked website(s).
PERSONAL INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Your submission of personal information through this website is governed by our Privacy Policy. Our Privacy Policy explains how we collect and use your information. By using this site and our services, you are indicating that you have read our Privacy Policy at activetoo.com/privacy and agree to its terms.
TERMS OF SERVICE
In addition to other prohibitions as set forth in the Terms of Service, 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 website for violating any of the prohibited uses.
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.
JURISDICTION
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 the state of New South Wales, Australia.