Terms and Conditions of use of this Website
This website, www.wodpassport.com (Website) is made available to you by WOD Passport Pty Ltd (ABN 17 607 202 577) (Company) and provides you with the ability to book crossfit classes at the boxes listed on the Website (Service).
You must be over 18 years of age to use the Service. By using this site you represent and warrant to the Company that you are over 18 years of age and that you have the capacity to enter contracts at law. You also represent and warrant that you have attended basic crossfit training classes and have an understanding of basic crossfit movements.
1. Prohibited Conduct
1.1 You must not:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material which is made available on the Website;
(b) use or attempt to use any material published on the Website to create any website or publication or searchable database;
(c) mirror or frame any web site or page on the Website;
(d) use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any material on the Website or generate or compile any document, index or database based on the material published on the Website;
(e) transfer or sell any information, functionality or products or services offered on the Website; or
(f) undertake any other action which is in violation of these Terms or any applicable law.
1.2 If the Company considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms or any applicable law, then the Company may immediately terminate your right to access and use the Website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Website.
1.3 You indemnify and holds harmless the Company and its directors, officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly) your negligence or misconduct, breach of this these Terms or violation of any law or the rights of any person, including any intellectual property rights or otherwise for your use of the Website or the Service.
2. Booking requests
2.1 By submitting a booking request via the Website, you make an irrevocable offer to the relevant third party supplier (crossfit box operator) to acquire their services (Supplier). You must not make a booking on behalf of any third party and bookings are non-transferable. Booking requests can only be submitted not less than 48 hours before a class start time.
2.2 To process a booking request from you on the Website, you must make full payment for the amount indicated on the Website and accept these Terms (being the class cost past a booking fee of $2.99). Upon completion of your payment via the Website, we will provide you with a booking confirmation email to your nominated email.
2.3 We reserve the right not to accept your booking request prior to issuing you within 4 business hours (9am to 5pm Monday to Friday at the time of the relevant gym location) from the time of submission of your booking request. This may occur where the Supplier is not able to accommodate your booking. We will use our best endeavours to notify you as soon as possible if your booking request has not been accepted by a Supplier or if your booking has been cancelled at any time prior to the class for any other reason. We will refund your booking payment in the same method as you paid for the booking request via the Website. Other than in the circumstances set out in this clause 2.3, and subject to applicable laws, we will not provide you with a refund of your booking payment.
2.4 You may cancel your booking provided you have given not less than 48 hours’ notice to the Company via the email address indicated on the Website, in which case you will be issued with a voucher code which will be valid for use on the Website for one year from the date of issue. If you cancel your booking with less than 48 hours’ notice, you will not be entitled to a refund.
3. Contract between you and the Supplier
3.1 You acknowledge that the Supplier is the supplier of the services which you acquire via the Website. The Company does not act on behalf of or the agent of the Supplier and the Company makes no representation or warranty, and provides no guarantee, that the Supplier will provide you with: (i) the services that you offer to purchase through this Website: (ii) the services will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage; (iii) the service will be fit for the purpose or give the results that you intended. You should make your own enquiries regarding any Supplier listed on the Website to determine if you want to acquire services from them.
3.2 You should request and review any contract of service from the Supplier prior to using any of their services in particular to review terms regarding refunds, returns, cancellations and re-scheduling. The Company is not a party to that contract and will not be responsible for any contract between you and the Supplier.
3.3 We will use reasonable endeavours to assist you with any dispute with a Supplier, however you are responsible for making any claim or taking any action against a Supplier and the Company will not act on your behalf in any dispute with a Supplier.
4.1 The Company reserves the right to change the prices for services displayed on this Website at any time before you place a booking request.
4.2 Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5.1 Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by the Company are HEREBY EXCLUDED.
5.2 To the full extent permitted by the law, the Company will only be liable to you:
(a) pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of the Company is limited, at the Company’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
(b) subject always to subclause 5.4, if your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by the Company or its directors, officers or employees.
5.3 Subject to subclause 5.2, and except to the extent that liability cannot be excluded, the Company will not be liable to you for claims arising out of or in connection with your access and use of the Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
5.4 To the full extent permitted by law, the Company will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
5.5 For the purposes of this section 5, the term “the Company” will mean the WOD Passport Pty Ltd, its officers, employees, contractors and agents, whether individually or collectively.
5.6 These Terms and conditions will survive the expiration or termination of this agreement.
6. Copyright, Trademarks and Licence
6.1 Material on the Website is © WOD Passport Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by the Company. Unless otherwise indicated on the Website, the material on the Website is owned by or licensed to the Company and is subject to copyright (Copyright Material).
6.2 You may:
(a) only copy or reproduce the Copyright Material for the purpose of browsing the Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act; and
(b) not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
6.3 Nothing displayed on the Website should be construed as granting you any intellectual property rights including the right to use any trademark, without the Company’s (or the relevant owner’s, if applicable) express written consent.
8.1 This Agreement is governed by and should be construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
8.2 The Company may at any time and, in its absolute discretion modify or amend the Terms upon which goods or services are supplied to you including such modifications or amendments in these Terms and publishing them on the Website. Such modifications will be binding on you once displayed on this web site. You should regularly check the Terms displayed on the Website.
8.3 The Company may cease to provide you with access to the Website or any of its services without notice.
8.4 All rights not expressly granted are reserved.