Terms of Service

These terms are governed by the laws of Queensland, Australia. By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time. Where we make material changes to these terms, we will provide at least 30 days' prior written notice where reasonably practicable. Your continued use of the website or Platform following notification of any material changes constitutes your acceptance of the updated terms.

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy and the applicable law. By using the website or platform, you acknowledge that personal information will be collected, used, stored and disclosed as described in that policy.

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

Our privacy policy explains how:

1. we store and use, and how you may access and correct your personal information;
2. you can lodge a complaint regarding the handling of your personal information; and
3. we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

GymEd provides access to a software-as-a-service platform for schools, exercise professionals and allied health providers to create, deliver and manage exercise programs, fitness testing and progress tracking. Access to features and functionality may vary depending on the subscribed plan, number of authorised users and any separate agreement entered into with GymEd.

We accept payment via the following payment methods:

1. PayPal;
2. selected credit cards such as Mastercard, Visa and American Express; and
3. Afterpay.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

Access to the platform is provided on a subscription basis. Subscription fees are charged in accordance with the applicable plan selected by you or agreed with your organisation.

Paid subscriptions may be cancelled at any time before the next billing cycle. Cancellation takes effect at the end of the current billing period.

Subscription fees are non-refundable except where required by the Australian Consumer Law or where GymEd agrees otherwise in writing.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act 2010 and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Our website and its content including our services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any of our intellectual property, in whole or in part, without our prior written consent. GymEd's intellectual property includes but is not limited to the platform software, exercise libraries, assessment tools, program templates, and all platform content provided by GymEd.

You retain ownership of any content, data, or materials you upload to the Platform ('User Content'). By uploading User Content, you grant GymEd a limited, non-exclusive, royalty-free licence to host, store, process, copy, and use that User Content solely to provide and improve the Platform services. GymEd will not use your User Content for any other purpose without your consent.

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

The website and our services are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided, and any statements made regarding the potential outcomes are expressions of opinion only.

The Platform does not provide medical advice, diagnosis, or treatment, and nothing on the Platform should be construed as a substitute for the advice of a qualified medical professional. Professional Users are responsible for assessing the suitability of any exercise, program, or fitness assessment for each individual student or client, taking into account their health status, physical condition, and any known limitations or contraindications. Physical activity carries an inherent risk of injury.

It is imperative that all products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, GYM ED Pty Ltd ACN 688 364 285 as Trustee for the Steffen Trust, does not accept any liability for, and is not responsible for, any damage, loss, or injury caused by the use or misuse of our products.

We are not liable for any injury, illness, or adverse outcome arising from participation in an exercise program delivered through the Platform where the relevant Professional User has failed to exercise appropriate professional judgment, supervision, and care.

Where the Platform is used in a school environment with students, the relevant school and supervising educator accept responsibility for ensuring that physical activities are conducted safely and in accordance with applicable school policies and duty of care obligations.

You must not use our website in any way that we deem to be inappropriate or unlawful, including but not limited to:

1. any breach of privacy or any infringement on the legal rights of any other person;
2. defamation;
3. uploading any virus, malware or other malicious software; and
4. posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.