Terms&Conditions

User Terms & Conditions

About Us

OneKeelo is a unique marketplace that connects Coaches with Users via the Website for the purposes of providing Coaching Services and/or selling Coaching Products. You can find out more about Onekeelo and our Services in our ‘About Us’ section here.

1. Terms

1.1 In these terms and conditions (“Terms”) the words “Onekeelo”, “Company”, “we”, “us” or “our” refers to Onekeelo Pty Ltd (ACN 640 076 491) and includes our subsidiaries and their respective directors, employees and agents. “You” or “Your” means a User using the Website and/or our Services.

1.2 The Onekeelo website is located at onekeelo.com (“Website”). You should read these Terms carefully as they apply to your use of the Website.

1.3 By using or accessing the Website and registering with us you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.

1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to ensure that you are aware of our current terms. Your continued use of the Website following the publication of changes to these Terms is taken to be your acceptance of those changes.

1.5 These Terms, as amended by us from time to time, continue to apply for as long as you use the Website and Onekeelo Services or until terminated in accordance with these Terms.

2. Interpretation

2.1 In these Terms and Conditions

“Associated Entity” means as defined in the Corporations Act 2001 (Cth);

“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;

“Coach” means an individual with the necessary qualifications and/or experience, and who holds the relevant insurance to provide Coaching Services and/or sell a Coaching Product via the Website to Users, and may include, but is not limited to, fitness professionals;

“Coaches’ Profile” means a Coaches’ details listed on the Website;

“Consumer Guarantee” has the meaning given in Division 1 of Part 2-3 of the Australian Consumer Law;

“Coaching Service” means a skill or expertise provided by a Coach on the Website, such as but not limited, to fitness or personal training services;

“Coach Service Fee” means the fee charged by a Coach for their Coaching Services;

“Coaching Products” refer to the downloadable products listed by a Coach on their Profile for Sale to a User, including but not limited to nutritional plans and fitness programs;

“Coaching Products Fee” means the fee charged by a Coach for their Coaching Products;

“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, algorithms, images (including still images, and audio and audio-visual media);

“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

“Losses” means all losses, costs, damages, expenses, penalties, third party claims and other liabilities and including all legal and other Coach expenses on a solicitor client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding and also includes all foreseeable and consequential loss;

“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, within the modules or otherwise displayed, uploaded or published on, or via, the Website;

“Non-Excludable Guarantee” means a non-excludable guarantee implied by the Australian Consumer Law;

“Privacy Policy” means our privacy policy, available here;

“Privacy Laws” means the Privacy Act 1988 (Cth);

“Registration Data” means the information provided by you to us for the purposes of registering for a Profile and accessing the Onekeelo Services, and may include, but is not limited to, your name, email address, phone number and payment details;

“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);

“Service Fee” means the amount that Onekeelo charges to Coaches to cover the Onekeelo Services;

“Terms” has the meaning in clause 1.1;

“Onekeelo Services” means the functionality made available to you via the Website, including but not limited to the facilitation of connections between Users and Coaches;

“User” means a person who browsers the Website and/or who registers for a User Profile in accordance with clause 3;

“User Profile” means a User who registers for a Profile in accordance with clause 3; and

“Website” means our website located at onekeelo.com, all associated sub-domains and any other websites operated by us from time to time.

2.2 Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.

3. User Profile

3.1 To use the Onekeelo Services, including purchasing Coaching Services and/or Coaching Products, a User must first register with us by providing us with Registration Data as requested. You may browse the Website and Coaches’ Profiles without registering for an account. Registration is free.

3.2 We reserve the right to decline your registration request if you do not pass our verification process.

3.3 If you register for a User Profile and your registration is accepted by us, you will have access to the Onekeelo Services and will be able to:

(a) fill in your User Profile details;

(b) search and find Coaches’ profiles on the Website;

(d) pay for Coaching Services and/or Coaching Products via Stripe;

(e) rate and review a Coaches and their Coaching Services and/or Coaching Products;

(f) access your purchase history and receipts;

(g) download Coaching Products purchased; and

(h) contact Coaches directly to make inquiries and requests about their Coaching Services and/or Coaching Products.

3.4 If you provide us with Registration Data, you consent to the following:

(a) we may provide your Registration Data to Coaches for the purposes of providing you with the Onekeelo Services or Coaches providing the Coaching Services and/or Coaching Products;

(b) you may receive emails from us or Coaches regarding details of your registration, orders and/or purchases made through your User Profile, and/or information relating to your access and use of the Onekeelo Services and your User Profile; and

(c) from time to time, we may email you regarding our Onekeelo Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

3.5 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

3.6 You agree that you have sole responsibility for any activity that occurs on your User Profile. You must keep your User Profile details and password secure, as you are responsible for any activity on your User Profile (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or User Profile.

3.7 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.

3.8 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:

(a) exercise supervision over the Minor's use of our Onekeelo Services, their personal account with us and the use of any Coaching Services and/or Coaching Products;

(b) assume all risks associated with the Minor's use of our Onekeelo Services and their account, including the transmission of content or information to and from third parties via the internet, as well as the risks associated with the Minor’s use of the Coaching Services and/or Coaching Products;

(c) assume any and all liabilities resulting from the Minor's use of our Onekeelo Services and their account, as well as all liabilities resulting from the Minor’s use of the Coaching Services and/or Coaching Products;

(d) ensure the accuracy and truthfulness of all information submitted to us, on the Website by the Minor and to any Coaches; and

(e) provide the necessary consents contained in these Terms on behalf of the Minor, as well as any consents and/or waivers to Coaches in order to use the Coaching Services and/or Coaching Products.

3.9 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor, including on behalf of Coaches where a Minor uses the Coaching Services and/or Coaching Products.

3.10 Subject to clause 3.8, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

4. Coaching Services and Coaching Products

4.1 You acknowledge and understand that the Coaching Services and Coaching Products are provided by third parties, and not by Onekeelo. You therefore bear the sole responsibility for:

(a) checking the suitability of the Coaching Services and/or Coaching Products offered by Coaches via the Website with Coaches directly and medical professionals;

(b) verifying the identity and authenticity of a Coach and their Coaching Services and/or Coaching Products when you interact with them and/or purchase from them despite our use of reasonable endeavours to verify the identity of Coaches and the authenticity of their Coaching Services and/or Coaching Products; and

(c) verifying any terms, conditions or waivers imposed by Coaches in relation to their Coaching Services and/or Coaching Products.

4.2 You acknowledge that in relation to the responsibilities set out in clause 4.1, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Coach or their Coaching Services and/or Coaching Products, nor the capacity, ability or willingness of the Coach to deliver or transact with you.

4.3 Your participation in any Coaching Services and/or Coaching Products may be subject to additional waivers, policies, rules or conditions of the Coaches. Onekeelo and/or Coaches may restrict your access to Coaching Services and/or Coaching Products if you do not agree to or comply with these terms and additional waivers, policies, rules or conditions. If you have questions about a Coach’s waiver or other terms, you should see the applicable Coaches’ Profile, or contact them directly.

4.4 Registered Users may rate and review a Coach once they have purchased and received a Coaching Services and/or Coaching Products, as well as give feedback regarding Coaching Services and/or Coaching Products.

4.5 Any ratings, reviews and feedback provided by Users must be honest, non-biased, not mislead and at all times comply with these Terms. You must also provide any ratings, reviews and/or feedback that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to remove any ratings, reviews that do not comply with these Terms, and at our discretion, terminate your User Profile and prevent you from using the Onekeelo Services.

5. Pricing and Purchases

5.1 The prices advertised on the Website for Coaching Services and/or Coaching Products are determined and set by Coaches. Onekeelo does not determine the price for any Coaching Services and/or Coaching Products and you should communicate directly with Coaches with this regard.

5.2 All prices listed on the Website, including on Coaches’ Profiles are in Australian Dollars and inclusive of goods and services tax (GST) unless otherwise specified. All prices are subject to change without notice.

5.3 You acknowledge and agree that a listing on the Website and/or on a Coaches’ Profile for the provision of Coaching Services and/or Coaching Products by a Coach constitutes mere information and does not form part of any offer to sell those goods and/or services.

5.4 A registered User may communicate with Coaches via the Website for the purchase of Coaching Services and/or Coaching Products. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Onekeelo Services is between you and the Coach to the exclusion of us.

6. Payment

6.1 Payments for Coaching Services and/or Coaching Products listed via the Website will be made via Stripe. We accept no responsibility for transactions that occur outside the Website.

6.2 Users bear sole responsibility for verifying any terms and conditions imposed by the Coach in relation to the sale of Coaching Services and/or Coaching Products.

6.3 If payment is unsuccessful due to expiration, insufficient funds or otherwise, you nonetheless remain responsible for promptly paying the unpaid Coaching Service Fees and/or Coaching Product Fees, and authorise us to continue billing you via your nominated payment method, as it may be updated, including in the event you attempt to create a new User Profile, reactivate the unsettled User Profile or sign up for a new User Profile. If we cannot charge you, we reserve the right, but are not obligated, to do any of the following:

(a) cancel the provision of any Coaching Services and/or Coaching Products;

(b) terminate your access to the Onekeelo Services; and

6.4 If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. If you do not provide the requested information within 7 days, then we may cease providing the Onekeelo Services to you, and your payment will be refunded back to you via your nominated payment method, minus our Service Fee. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any order made on or via the Website.

6.5 You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

6.6 Promotional offers and discounts may be offered at our or Coaches sole discretion, and on such terms and conditions as are notified at the time of the relevant promotional offer or discount.

6.7 We use Payment Processing Services provided by Stripe. Payments submitted via Stripe are subject to the terms and conditions published on the Stripe website (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling Payment Processing Services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Services provided by Stripe in accordance with our Privacy Policy.

7. Refunds

7.1 When payment is made via the Website for Coaching Services and/or Coaching Products, you acknowledge and agree that we have provided a service by facilitating the transaction in exchange for our Service Fee. Without limiting our obligations or your rights under law (including the Australian Consumer Law), once payment is confirmed (regardless of whether it is refunded by you at a later date) our Service Fees are non-refundable, unless we specifically communicate otherwise. We may (in our absolute discretion) elect to refund a Service Fee to coaches.

7.2 Coaches are responsible for determining their own refund policy in relation to Coaching Services and/or Coaching Products that is compliant with the Australian Consumer Law and advertise such refund policy to you on their Coaches’ Profile. We are not responsible for your failure to inquire about a Coaches’ refund policy or a Coaches failure to provide a refund you as required under the Australian Consumer Law or to comply with Coaches obligations under the Australian Consumer Law. If you have a compliant or dispute in relation to a refund, you must follow the dispute process as set out in clause 18.

7.3 Nothing contained in these Terms, excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

8. Prohibited Conduct

8.1 Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

(a) harass, threaten, stalk, disrupt or defraud other Users, including Coaches, or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

(b) upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content;

(c) act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another User’s Profile or by signing up for more than one User Profile;

(d) permit anyone else to use any the Coaching Services and/or Coaching Products purchased by you under your own User Profile; or

(e) transact directly with Coaches for Coaching Services and/or Coaching Products rather than through the Website.

8.2 We reserve the right to refuse to provide the Onekeelo Services or terminate your User Profile in our sole discretion if we have evidence to show that you have been engaging in any of the prohibited conduct listed in clause 8.1 or any other breach of these Terms.

9. Termination

9.1 We may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or the Onekeelo Services, if:

(a) it transpires that you have provided false or misleading information on the Website or to Coaches;

(b) you are found by us to be offensive or abusive to a Coach or other User; or

9.2 If your access to the Website and/or the Onekeelo Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms. Coaches will also be entitled to payment of any outstanding Coaching Service Fee or Coaching Product Fees properly incurred by them up to the date of termination.

10. Website Use

10.1 The Website is intended to be used solely to facilitate connections between Users and Coaches for the purposes of Users purchasing Coaching Services and/or Coaching Products. Onekeelo does not supply or sell any goods and/or services on, or via the Website. Onekeelo is not an agent, nor does Onekeelo represent any third parties, including any Coaches.

10.2 You must ensure that your access to, and use of, the Onekeelo Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

10.3 We may, for any reason, at any time and without notice to you change or remove the Onekeelo Services, including our Website functionality or withdraw the Website all together.

10.4 You warrant and represent that your access to, and use of, the Website and Onekeelo Services are not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

10.5 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Website does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Website.

10.6 Any information on the Website or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness, including information supplied to you by Coaches. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information. It is not within the scope of our obligations to enquire as to, or to verify, the accuracy or completeness of information that we receive from you, another User of the Website or any third parties, including the Coaches.

10.7 You will not:

(a) modify the Website or merge any aspect of the Website with another programme other than as expressly provided under these Terms;

(b) record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Website or Material therein or the source code of the Website;

(d) engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

(e) access, store, distribute or transmit:
(i) viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
(ii) material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
(iii) material that facilitates illegal activity; or
(iv) material that abuses or causes damage or injury to any person or property;

(f) provide Website login details or passwords, or otherwise provide access to the Website, to any unauthorised third party and You will take all reasonable steps to prevent unauthorised access to, or use of, the Website;

(g) share any features of the Website that are not publicly available with any unauthorised third party;

(h) use the Website other than for its intended purpose; and

(i) engage in any conduct on the Website that is in breach of these Terms (or any other terms mentioned therein).

10.8 The Website may contain links to third party websites. Any links to such websites provided on the Website are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Website. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not to be held responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

11. Availability of the Onekeelo Services

11.1 You agree and acknowledge that access to the Website and Onekeelo Services is highly dependent on the proper function of the internet and any other computer networks and infrastructure upon which you and/or the Onekeelo Services operate, interface with, are hosted on or connected to, including the networks, hardware, software or systems.

11.2 Except in respect of any Non-Excludable Guarantee, we do not guarantee that the Onekeelo Services, Website or access thereto will be uninterrupted or error-free and you release and indemnify us in respect of any Losses we may incur and/or claims and/or complaints you (or any of your Related Bodies Corporate and Associated Entities) may have against us in respect of any interruption, error or unavailability of the Website or Onekeelo Services. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

11.3 To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying of the Onekeelo Services again.

11.4 We make no representations, warranties or guarantees:

(a) that content available on, or produced by or via the Website is accurate, complete, reliable, current, error-free or suitable for any particular purpose. You acknowledge and agree that you will exercise absolute discretion in choosing how to use this content; and

(b) as to the availability of service levels (including up-time) of the Website or that the Website or Material are or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.

12. Assumption of Risk and Disclaimer

12.1 You understand the Coaching Services and/or Coaching Products are offered and provided by Coaches who are independent of us. You agree that you are an independent third party and by no way affiliated with, controlled by or employed by Onekeelo. We are therefore not responsible to you, your agents, your clients or any other third party for the provision of the Onekeelo Services, Website, Coaching Services or Products provided.

12.2 Onekeelo is not responsible for the quality of any Coaching Services and/or Coaching Products provided by a Coach or by any other third party. You are solely responsible for determining whether a Coaching Services and/or Coaching Products available on or through the Website is right for you.

12.3 You understand that there are certain inherent risks and dangers in exercising and following nutritional plan, and that Coaching Services and/or Coaching Products you participate in offer a range of different activity and intensity levels. By using the Website, you acknowledge and agree, on behalf of yourself, your heirs and/or personal representatives that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

12.4 You acknowledge and agree that it is your responsibility to consult with your physician or other health care provider prior to using the Website, Coaching Services and/or Coaching Products, and to determine if and how participating in a Coaching Services and/or Coaching Products is appropriate for you.

12.5 Without limiting the foregoing, Onekeelo does not warrant or make any representations:

(a) that a Coaching Product and/or Coaching Service is suitable for you or will meet your personal needs;

(b) regarding the adequacy or safety of a Coaching Product and/or Coaching Service or other services; and

(c) that any Coaching Product and/or Coaching Service or other service or any aspect thereof, will be available or permitted in your jurisdiction.

13. Warranties

13.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Onekeelo Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Onekeelo Services to you.

13.2 You agree to use your reasonable endeavours to ensure that the information that you supply us or any Coach is complete and accurate and notify us (and, if relevant, the Coach(s)) in writing if there is any change to the information supplied.

13.3 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

14. Liability

14.1 Coaching Services and/or Coaching Products made available to you via the Website are provided by third parties, being the Coaches, and not Onekeelo. To the maximum extent permitted by law, your attendance at, participating in, purchase and/or use of the Coaching Services and/or Coaching Products or other services, is solely at your own risk.

14.2 We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to Coaching Services and/or Coaching Products or any of the other services provided by third parties.

14.3 Any information we provide on the Website is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any Users or Coaches. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information received from you or third parties, including Coaches and Users.

14.4 In no event shall Onekeelo be liable for any act, error or omission by any third-party, including, without limitation, any which arises out of or is any way connected with a User’s use of or participating in Coaching Services and/or Coaching Products or other service, or to the performance or non-performance any of third party, including Coaches.

14.5 Any information obtained by you in the course of using the Website or Onekeelo Services is not medical information or advice provided by us and you must not rely on it in that respect. We do not accept any liability for any injury, loss or damage caused by the use of the information available on the Website.

14.6 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend you ensure they have up-to-date virus checking software installed.

14.7 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Coach.

14.8 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Onekeelo Services, Coaching Services, Coaching Products, the Website or these Terms.

14.9 You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than AUD $100.

14.10 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

14.11 This clause 14 survives termination or expiry of these Terms.

15. Indemnity

15.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Onekeelo Services.

15.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Onekeelo Services and any breach by you of these Terms.

15.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Coach due to your actions, and you indemnify us from and against any and all claims by any Coach in relation to your actions (including content created and posted by you).

15.4 This clause 15 survives termination or expiry of these Terms.

16. Intellectual Property

16.1 You acknowledge that all Intellectual Property Rights in the Onekeelo Services and Website are the property of us (or our licensors) and your use of, and access to, the Onekeelo Services and Website does not give you any rights, title or interest in or to the Onekeelo Services and Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Onekeelo Services and Website or any part of the Onekeelo Services and Website.

16.2 You may not modify or copy the layout or appearance of the Onekeelo Services or any computer software or code contained in the Onekeelo Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Onekeelo Services.

16.3 You may access and use the Website and Onekeelo Services for your personal and non-commercial use only.

16.4 By uploading, posting, transmitting or otherwise making available any Material via the Onekeelo Services and Website, you:

(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and

(b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Onekeelo Services and Website.

17. Unavoidable Events

We will not be liable to you if we are prevented from, or delayed in, providing the Onekeelo Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Onekeelo Services as soon as reasonably practicable.

18. Dispute resolution

18.1 All disputes between Users and Coaches (including in relation to payment of Coaching Service Fees or Coaching Product Fees and in relation to refunds) should be resolved between each party, and all Users and Coaches agree to firstly attempt to resolve any disputes or claims between each other informally before taking any other action.

18.2 If a dispute arises with another User and/or Coach, you agree to fully cooperate with the other User and/or Coach and make a genuine attempt to resolve the dispute.

18.3 We reserve the right to hold any monies owing to you or a Coach, including Coaching Service Fees and/or Coaching Product Fees, that are the subject of a dispute until the dispute has been resolved.

18.4 We may elect to assist Users or Coaches to resolve a dispute if that dispute is rereferred to us, but will, under no circumstances, become a party to any contract by doing so. We reserve the right to make a final determination (acting reasonably) based on the information supplied by each User or Coach to us and direct our payment provider to make payment accordingly. You agree to be bound by any final determination made by us.

18.5 You acknowledge and agree that we may, in our absolute discretion, provide you information relating to your dispute about the parties involved in such dispute. In these circumstances, this information must only be used for the purposes of resolving disputes under these Terms. You further acknowledge and agree that you will be liable to us for any costs, losses or liability incurred by us in relation to any claim relating to any other use of information not permitted by these Terms.

18.6 If you have a complaint about the performance of these Terms or the Onekeelo Services, you will contact us at support@onekeelo.com in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

18.7 This clause 18 survives the expiry or termination of these Terms.

19. Linking to the Website

19.1 You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.

19.2 You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).

19.3 The Website must not be framed on any other website.

19.4 We reserve the right to withdraw linking permission under this clause 19 by updating these Terms on the Website.

20. Privacy

20.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

21. General

21.1 We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.

21.2 We reserve the right to make changes to these Terms without notice to you. Any amendments to these Terms will have immediate effect from the time that they are published on the Website.

21.3 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

21.4 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

21.5 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

21.6 We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party's behalf except expressly pursuant to these Terms.

21.7 These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.

21.8 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

Coach Terms & Conditions