Terms of Use

The Cura8or Group Pty Ltd ACN 655 183 476 provides a platform where practitioners, fitness trainers, coaches, fitness studios and wellness providers can create and share online content, programmes, coaching sessions and world-class insights in the fitness and wellness industry and connect with individuals who sign up or subscribe to the on-demand content provided by those content creators or business.

The fitness trainers, coaches and wellness providers are referred to as (Creators). The businesses and business representatives that use the platform are referred to as (Business) and the individual subscribers who use the Platform as referred to as (Subscribers) and together both Creators, Businesses and Subscribers are referred to as Users (you, yours).

The Cura8or Group owns and operates the GREATR website made available at https://www.greatr.com.au together with our Apple and Google applications (together referred to as the Platform).

These Terms of Use govern your use of the Platform.

Services

We provide the Platform to you.

1.2. You become a User when you register an account with us on the Platform. We may refuse to accept your account registration as a User of the Platform for any reason at our sole discretion.

1.3. All information displayed on the Platform in respect of a Creator or Business is provided by the Creator or Business (and not by us) (Content). We do not independently verify the Content and we make no promise about the accuracy of the information provided or the benefit to be derived from using such Content.

1.4. We are not responsible for any communication, interaction or relationship between you and any other User of the Platform, whether or not it occurs on the Platform or by another means.

1.5. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.

1.6. We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms of Use.

1.7. Nothing in these Terms of Use constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and us.

Your use of the Platform

You warrant that you are at least 18 years old.

You must:

ensure that any information you provide to us is true, accurate and complete;

promptly follow all directions from us in respect to your conduct in connection with the Platform;

familiarise and follow any of the policies published by us at all times in connection with the Platform;

at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;

comply with all applicable laws and regulations when using the Platform; and

bear all costs and expenses related to your use of the Platform.

You must not, in relation to your use of the Platform:

misuse the Platform;

allow others to access or use your account or share your log in or password with others;

impersonate others;

use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;

post Content, reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;

reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform; or

except as permitted under this Agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform.

If you breach these Terms of Use, we reserve the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them. In addition, we reserve the right to suspend or terminate your access to the Services at our sole discretion without notice

You are solely responsible for all activities that occur on your account on the Platform. We will not be liable for any loss or damage arising from or related to activities on your account.

This section applies if you are a Creator or Business:

You acknowledge and agree that while you are a Creator or Business and have an account on the Platform, you must provide content exclusively on the Platform and must not be a creator or business contributor to any other website, platform or application or provider distributing content in competition with GREATR. You must not use the Platform to solicit Subscribers to another website, platform or application or as a means of advertising your services on another website, platform or application. For the avoidance of doubt, you may publish your Content on your personal Instagram, Facebook or social media account, however, you must not upload Content identical to the Content on any other platform, application or website. Please refer to our Branding Guidelines regarding the use of the Content on other platforms.

Subscriptions, Fees and Payments

This section applies if you are a Subscriber:

All fees and charges will be payable by you on an individual purchase and on-ongoing monthly subscription basis and will depend on your subscription or program.

The Creator or Business is responsible for setting the monthly subscription fee and program cost charged by them to you for Content provided by that Creator or Business to you as their Subscriber.

We will engage a third-party payment facilitator to enable you to pay for the monthly subscription fees or associated costs without us collecting your payment details. In order to receive payment, you will be required to set up an account with the third-party online payment facilitator as it will be through this account that you make payments. We are not responsible for and make no promise about the quality of the payment facilitator or the benefit to be derived from use of the payment facilitator’s services.

We will collect the monthly subscription fees and program costs on behalf of each Creator or Business. We will send you an invoice or payment confirmation when you pay the monthly subscription fees or individual payments costs.

The Creator or Business will invoice you for the monthly subscription fee, or individual program cost it is entitled to for the Content it has provided to you. We will send you this invoice on the Creator’s or the Business’s behalf. Unless otherwise specified the invoice will be sent to the email address specified when you registered on the Platform.

If sufficient funds are not available at the time you are required to make payment, we reserve the right to charge you a late fee. This will also be considered a late payment and deemed a breach of contract and thus we have the right to suspend or terminate your use of the Platform.

Any fees paid by you are not refundable. For further details about payments, refunds and subscription fees see our Payments Policy.

All fees are inclusive of GST.

This section applies if you are a Creator or Business:

You are responsible for setting the monthly subscription fee charged by you to a Subscriber for the Content provided by you to your Subscribers.

You are responsible for setting the individual program costs charged by you to a user for the content provided by you.

In consideration of provision of the Platform you must pay us the 15% of the gross monthly subscription fees you receive from Subscribers. The 15% gross cost is also deemed payable for individual purchases to programs.

The monthly subscription fees to which you are entitled and individual program costs will be confirmed at the end of each month. Note that any display of your monthly fees on your account is provided as an estimate only.

We will engage a third-party online payment facilitator to enable a User/Subscriber to pay the monthly or individual fees without us collecting or storing their financial details. In order to receive payment, you will be required to set up an account with the third-party online payment facilitator as it will be through this account that we pay amounts owed to you. We are not responsible for and make no promise about the quality of the payment facilitator or the benefit to be derived from use of the payment facilitator’s services.

The fees we invoice for purchases and subscriptions will be paid to us (and received by us on your behalf) by your Users or Subscribers.

Following receipt of the monthly fees to which you are entitled we will account to you those fees less the fees we charge you for use of the Platform in accordance with our Payments Policy.

We retain the right to vary the fees we charge you from time to time.

We will keep and maintain true, complete and accurate financial records of the gross monthly subscription fees generated by you and the fees we charge you for use of the Platform. These records will be made available to you on the Platform.

All fees are inclusive of GST.

Content

This section applies if you are a Creator or Business:

If you create and publish Content on the Platform you hereby authorise and consent to the access and viewing of your Content for the users own use. You also represent, warrant and undertake that for each piece of Content:

you own the Content;

you have obtained all rights, licenses, written consents and releases that are necessary for the use of any third-party rights which subsist in the Content;

you will not post any content depicting any person under 18-years old,

you have inspected and are maintaining written evidence to confirm that all people who form part of your Content are 18-years old or older; and

your Content is non-confidential and will be made available to your Subscribers.

You must only upload Content on the Platform which meets the requirements set out in our Branding Guidelines.

You acknowledge that we may crop, edit or vary the Content you upload on the Platform to ensure it is consistent with our Branding Guidelines and is of suitable quality, to be determined at our discretion.

You hereby grant to us, our related companies, licensees, successors, and assignees the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You hereby acknowledge and agree that you are solely responsible for any Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

You agree to indemnify, defend and hold us (and each of our officers, employees and agents) harmless against any loss, liability, damage, cost (including legal costs on a solicitor and own client basis) and other outgoing incurred or arising in connection with your Content.

Data

Using the Platform will require you to provide us with and information about yourself and other information which is not personal information (Data).

You grant to us a perpetual, worldwide, non-exclusive, transferable licence to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records.

We may make the Data available to other companies, organisations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data on the Platform that you are comfortable sharing with others in accordance with these terms and conditions.

Intellectual Property

You acknowledge that we retain exclusive ownership and control of the intellectual property rights in the Platform and any materials provided by us to you in connection with the Platform.

You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform the any general suggestions, enhancement requests, recommendations or other feedback provided by you.

You may store, print and display the content supplied solely for your own personal use.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Platform nor may you use any such content in connection with any business or commercial enterprise.

Limitation of Liability and Indemnity

This section applies if you are a Subscriber:

You acknowledge and agree that GREATR provides a Platform on which you may have access to Content from Creators or Businesses which contains plans, programmes, guidance, suggestions, tools and feedback to allow you to discuss, reflect and make decisions about certain subject matter and that GREATR is not responsible for and has no liability to you in respect of the suitability, implementation and operation of any of the outcomes arising from the Content.

This section applies to all Users:

To the extent permitted by law we exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms of Use.

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Platform and/or in our marketing material is provided without any guarantees, conditions or warranties as to its accuracy.

Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms of Use to the extent required by Law.

Subject to clause 7.4, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Platform whether arising as a result of breach of contract, in tort (including negligence) or under statute and/or whether or not arising pursuant to an indemnity in these Terms of Use, is limited to $1.00.

We are not liable to you (or any other person) for any indirect loss arising from a breach of these terms and conditions.

You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) (together, the Indemnified Persons) harmless against any loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Platform, except to the extent such loss arises from our negligence or wilful misconduct.

User Subscription Terms

Users of the GREATR platform may select from various subscription options, including 1-month, 3-month, 6-month, or 12-month plans. Each user is responsible for managing their subscriptions, which may include multiple active subscriptions at any given time.

It is important to note that while the GREATR platform facilitates content creation and delivery, users are subscribing to the channel offering knowing it’s interchangeable. As part of the subscription, users may have access to content created by external collaborators. This content is subject to change, and the interchangeability of content from different creators is not guaranteed.

Users should be aware that creators may discontinue their collaboration with a business at any time, which may affect the availability of certain content. GREATR will make reasonable efforts to manage the content licensing process to ensure continuity; however, we make no guarantees regarding the availability, quality, or consistency of the content provided through any channel.

By subscribing, users acknowledge and accept these conditions. It is the user’s responsibility to review and understand these terms prior to making any subscription decisions. GREATR disclaims any liability for changes to content or creators, and users should make informed decisions based on this understanding.

Disclaimers

Nothing on the Platform is intended as professional advice and must not be relied upon as such. You should obtain professional advice tailored to your specific circumstances prior to making any decisions.

While we take all due care in providing the Platform, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchant ability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.

We take reasonable care in ensuring that any material we provide to you is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.

As the Services may be provided online over the internet, we are not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the training session.

We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of:

us undertaking preventative or remedial maintenance; or

as a result of any circumstances beyond our control.

Termination and Suspension

We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these Terms of Use.

You may terminate your use of the Platform at any time by closing your account.

If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In this case, we will have no liability to:

Creators and Businesses for any monthly subscription fees, or program costs that may have been received and do not result in the provision of your Content to the Subscriber or purchaser as a result of the Closure; or

Subscribers who may have subscribed for a Creator or Business and did not receive the Content from that Creator or Business.

Users who may have purchased from a Creator or Business and did not receive the Content from that Creator or Business.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at https://www.greatr.com.au/privacypolicy. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

Linking

The Platform and the information we provide to you as part of the Platform contain links to other websites, including the websites of third-party providers. These are provided for convenience only.

We have no control over or responsibility for anything on those websites.

Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).

We reserve the right to withdraw linking permission without notice.

Updates to Terms of Use

We may amend these Terms of Use at any time.

We will endeavour to notify you of any changes to these Terms of Use in writing.

If you continue to access the Platform following any amendment to these Terms of Use you will be taken to have agreed to comply with the Terms of Use as changed. If you do not agree with changes to the Terms of Use, you should not use or access the Platform.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Notices

Notices given under these Terms of Use must be in writing and delivered by email to the recipient’s email address associated with your account on the Platform. If you want to contact us about any aspect of these Terms of Use then please send email to [email protected].

General

Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Platform.

Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these Terms of Use.

The rights and obligations in clauses 1, 2, 4, 5, 6, 7, 8 and 9 will survive the termination or expiry of these Terms of Use.

All or any part of these Terms of Use that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.

These Terms of Use prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms of Use.

Any failure by GREATR to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and GREATR and supersede any prior versions of these Terms of Use and all other communications whether oral or written, express or implied.

Governing Law

These Terms of Use are governed by the laws of the State of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these Terms of Use.