The Fun
Farm

Terms & Conditions

DEFINITIONS

Services means the use of our APP and the Services & information delivered by our APP.

T & C’s means - these terms and conditions and any implied or included by virtue of any law.

APP means - THE FUN FARM APP.

Training Systems means - numerous established fitness, educational, wellbeing and yoga training systems.

Use / User means - anyone using the APP and Services on your smart phone or device.

We / Us / Our etc means - Self Esteem Inspiration & Love Pty Ltd ACN 638 669 815 as Trustee and any of our subsidiaries, affiliates, employees, officers, agents or assigns.

Please take the time to read our T & C’s. We have written them in simple English. By using our APP and our Services, you are agreeing to our T & C’s. You will be directed to read and accept our T & C’s prior to any user using our APP and our Services.

If you purchase a subscription to our APP, there will be additional T & C’s relating to the purchase. Please make sure you agree with our T & C’s. You will be directed to read and accept our T & C’s prior to making your purchase.

ACCURACY OF CONTENT

We have taken proper care and precautions to ensure that the information we provide on our APP and our Services are accurate and safe.

USE

Our APP and our Services are only available for use on your acceptance with these T & C’s. By using our APP, you are agreeing to these T & C’s. You agree the use of our APP and our Services is in accordance with all applicable Local, State, National and International Laws, Rules and Regulations. We have used our best intentions to make this so. You agree that you will not use, nor will you allow or authorise any third party to use, our APP and our Services for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or in an obscene way or in any other inappropriate way or in a way which conflicts with the T & C’s of our APP or our Services.

PASSWORDS AND LOGINS

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

INDEMNIFICATION FOR LOSS OR DAMAGE

BY ACCEPTING THESE T & C’S ALL USERS USE THE APP AND SERVICES AT THEIR OWN RISK. Our APP and the Services draw upon elements from recognized Training Systems. You acknowledge that the use of the APP and Services involves known as well as unanticipated risks which could result in physical or emotional injury or damage to users of the APP and Services. You understand that such risks simply cannot be eliminated without eliminating the essential qualities and nature of the Training Systems, hence an ever-present element of risk of injury always exists for users.

The users of the APP and Services further agree that whilst all efforts have been undertaken to limit any risks of injury and to protect the user’s safety, no safety system is infallible. We are simply not aware of a user’s fitness or abilities. We are not aware if a user understands the warnings or instructions for use of the APP and the Services. By accepting these T & C’s all users use the APP and Services at their own risk.

You expressly agree and accept and assume all of the risks existing in using the APP and our Services. The user’s participation in the use of the APP and our Services is purely voluntary, and each user elects to participate in spite of all risks indicated and not indicated in the T & C’s. You happily release, forever discharge, and agree to indemnify and hold us harmless from any and all claims, demands or causes of action, which are in any way connected with the use of the APP or our Services including any claims which allege negligent acts or omissions by us.

Should we or anyone acting on our behalf, be required to incur lawyer’s fees and costs to enforce this agreement, you agree to indemnify and hold them harmless for all such fees and costs.

You are advised to take independent legal advice on the content of this document before you sign it. By signing these T & C’s you acknowledge that you have done so or that you have freely elected not to take independent legal advice.

You certify that you have adequate insurance to cover any injury or damage any user may cause or suffer while using the APP or our Services. If your insurance does not cover a user you agree to bear the costs of any and all injury or damage.

You further certify that any user of the APP or Services have no medical or physical conditions which could interfere with the user’s safety in using the APP or our Services, or else you are willing to assume, and bear the costs of, all risks that may be created, directly or indirectly by any such condition.

By accepting these T & C’s, you acknowledge that if anyone is hurt or property is damaged during use of the APP or our Services you may be found by a court of law to have waived your right to maintain a lawsuit or claim to compensation against us on the basis of any claim from which you have released us.

You have had sufficient opportunity to read this entire document. You have read and understood it, and you agree to be bound by its terms. If you don’t please don’t use the APP or our Services as each use is required to do so at heir own risk.

You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of our APP and our Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any user.

INTELLECTUAL PROPERTY AND COPYRIGHTS

We hold the copyright to the content of this APP and our services, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the APP or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: hello@thefunfarm.com.au

TRADEMARKS

The trademarks and logos contained on this APP are trademarks of [XYZ Pty Ltd]. Use of these trademarks is strictly prohibited except with our express written consent.

Links to external APPs or websites. This APP may contain links that direct you outside of this APP. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked APP or website, its’ content or any associated APP or website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these APPs or websites.

You may link to our APP or website home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your APP or website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our APP or website at any time by notice to you.

LIMITATION OF LIABILITY

We take no responsibility for the accuracy of any of the content or statements contained on this APP or our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law to apply. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the APP or our Services.

INFORMATION COLLECTION

Use of information you have provided us with, or that we have collected and retained relating to your use of the APP and/or our Services, is governed by our Privacy Policy. By using this APP and the Services associated with this APP, you are agreeing to the terms of our Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

CONFIDENTIALITY

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this APP will be confidential due to the potential ability of third parties to intercept and access such information.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this APP are to be resolved by the courts having jurisdiction in Queensland.

We retain the right to bring proceedings against you for breach of these T & C’s, in Queensland.