PushNation – Terms of use

You must be at least 18 years old to create an account or enter a transaction through the Platform, unless PushNation has expressly approved a process for a younger Client with appropriate parent or guardian involvement and consent.

If you use the Platform on behalf of a business or another person, you must have authority to do so. Each person accessing a restricted feature must use their own authorised account. These Terms do not authorise account sharing, delegation of coaching or access to another person’s private information.

You must provide accurate and current registration, contact and transaction information, update it promptly when it changes, and respond to reasonable verification requests. We may restrict the affected feature while necessary verification is outstanding and will explain the information reasonably required.

Keep your login credentials secure, use available security controls and notify us promptly of suspected unauthorised access. You must not sell, transfer or share your account or allow another person to impersonate you. You are responsible for activity you authorise and for loss caused by your failure to take reasonable security precautions, but not merely because an unauthorised transaction occurred through your account.

You use the Platform at your own risk.

Subject to these Terms and any applicable agreements with you (such as service agreement), we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purposes.

Visitors may browse public content. Other content may not be accessible unless you the requisite approvals, in which case access depends on your role and permissions. You must not access another account, private coaching record or restricted feature without authority.

You must not share, make public or otherwise disclose your access details to the Platform, and you are responsible for your own credentials, and PushNation is not liable for any misuse, mishandling or anything that may arise from your credentials no longer being secure.

You are responsible for your device, compatible software, internet connection and associated charges. Install reasonably required updates and take reasonable precautions against malicious software. We do not guarantee compatibility with every device or connected service.

You must use the Platform lawfully, honestly and respectfully. You must not:

1. 4.1.1

   publish or send material that is unlawful, fraudulent, misleading, defamatory, threatening, harassing, discriminatory, obscene or otherwise infringes another person’s rights;

2. 4.1.2

   impersonate another person, fabricate qualifications or results, publish fake reviews, manipulate ratings or misrepresent your relationship with PushNation;

3. 4.1.3

   upload malicious code, interfere with the Platform, evade security controls, overload systems or gain unauthorised access to accounts, information or networks;

4. 4.1.4

   scrape, harvest or collect user information, use automated access tools without our permission, or use Platform information for unsolicited marketing or an unrelated database;

5. 4.1.5

   copy, reverse engineer, modify, sell or commercially exploit the Platform or its software except as expressly permitted by these Terms or applicable law;

6. 4.1.6

   disclose private coaching messages, health records, progress photographs or another person’s confidential information without authority and a lawful basis;

7. 4.1.7

   publish residential addresses, private telephone numbers, private email addresses or sensitive information in public areas; or

8. 4.1.8

   bypass account restrictions, create another account to evade suspension, or assist another person to breach these Terms.

The Platform and its software, design, branding, trade marks, text, graphics and other materials are owned by PushNation or its licensors, except for materials owned by users or other identified rights holders. Intellectual Property includes copyright, trade marks, patents, designs, know-how and other intellectual property rights, whether registered or unregistered.

Access does not transfer ownership. You may view authorised content, store ordinary temporary browser copies and download or print material where the relevant feature permits, solely for your permitted use. You must retain ownership notices and must not republish, distribute, adapt or use our branding without permission.

User Content means information and materials you submit or publish through the Platform, including profiles, plans, messages, photographs, video, check-ins and feedback. You retain the rights you hold in User Content. You must have the necessary rights, authority and consents to submit it and must not mislead others about its accuracy or ownership.

You grant PushNation a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, format and display your User Content only to the extent reasonably necessary to operate and support the features you use, make it available to your authorised Coach or Client, and meet lawful security, complaint and record-keeping needs. We may allow providers acting on our behalf to perform those functions.

Content deliberately published in a public profile or public area may be displayed to visitors and other users for its intended purpose. Private messages and coaching records are not public content, unless the user makes it so. Progress photographs, testimonials, identifiable coaching results and other private content may be used in public marketing only with appropriate separate permission or redaction or masking.

When content is removed or an account is closed, we will cease ordinary public display within a reasonable period. Copies may remain in protected backups or records where reasonably necessary for a lawful retention purpose, as explained in the Privacy Policy. The licence continues only to the extent needed for that permitted retention or handling, not for new promotional use.

We may remove, restrict or decline content where reasonably necessary to address a breach of these Terms, a credible rights complaint, safety or security risk, or a legal requirement. We do not undertake to review every item before publication. Where practicable, we will explain the action and allow you to seek review.

The Platform may use cookies and similar technologies for the purposes described in this clause. Cookies are small files stored on your device by your browser. Where we use them, they may include session cookies and persistent cookies (sometimes called permanent cookies).

Session cookies. These cookies may help the Platform recognise your browser as you move between pages during a browsing session, maintain your login and support features you use. They generally expire when the browsing session ends, although some browsers may restore them when a session is reopened. Expiry of a cookie does not necessarily delete information already collected through it.

Persistent cookies. These cookies remain on your device until they expire or you delete them. Where used, they may help us recognise a returning browser, remember preferences and understand how the Platform is used. If we introduce cookies for advertising or personalised marketing, we will explain their purposes and any available choices in our Privacy Policy or the relevant cookie notice, and obtain consent where required by law.

Other tracking technologies. Where implemented, pixels, web beacons and similar technologies may help measure visits, feature use, transactions or interaction with emails. Information collected may include device and browser details, pages viewed and interactions, and may constitute personal information or be linked to your account. We will describe any such technologies and their purposes in our Privacy Policy or the relevant notice before introducing them.

Privacy and third parties. We will handle personal information collected through cookies or similar technologies in accordance with our Privacy Policy and applicable privacy laws. Where service providers process that information on our behalf, or third-party technologies are used, our Privacy Policy or the relevant notice will explain the applicable purposes, disclosures and choices. This clause does not authorise collection, use or disclosure that would otherwise require separate consent.

Your choices. You can use your browser settings to block or delete cookies and, where available, use the cookie controls provided on the Platform. Blocking some cookies may prevent particular features from working correctly. Deleting cookies does not necessarily delete information already held by us or our service providers. Any additional choices relating to analytics or marketing technologies will be explained in the relevant notice.

Emails and preferences. We may send service communications relating to your account or transactions. If we send optional feedback or review requests, those emails will explain how to stop receiving them. Marketing emails will include an unsubscribe option. Where separate preference lists are used, the email will explain the scope of the unsubscribe option; unsubscribing from optional emails does not prevent necessary service communications.

Whilst we try and ensure that all details, descriptions and information which appear on the Platform are accurate, errors may occur. If an error has occur, we will notify you by making an announcement on the Platform.

We are not liable to you or anyone else for any loss, costs or expense in connection with use of the Platform.

Where there are certain rights, warranties or conditions that cannot be excluded, such as those available under the Competition and Consumer Act 2010 and similar State and Territory legislation in Australia, those rights and claims are not excluded by these Terms; however, we do exclude all other conditions and warranties implied by custom, law or statute, and are otherwise not liable for any loss, costs or expense.

We are not liable to you or anyone else if interference with or damage to your device occurs in connection with use of the Platform this website or a linked website. You must take reasonable precautions to protect your devices and systems against viruses, malicious code and other security threats when accessing or using the Platform or downloading any material from it.

To the extent permitted by law, we do not warrant that access to the Platform will be uninterrupted or error-free, or that all defects will be corrected. Nothing in this clause limits any right or remedy that cannot lawfully be excluded.