Welcome to ReNuMe! We offer online interactive content to assist you with reaching your fitness goals. We set out on the Platform the various ways in which we can assist you (our Services), including our membership package (Membership) which includes instruction videos for fitness activities, audio explanations, progress tracking and materials, resources, information, graphics, downloadable workouts, and User Content (together the Content). Our online platform (Platform) is operated by RENUME PTY LTD ACN 639857917 (we, our or us). It is available via our website www.renume.com.au and through our mobile application downloadable on the Apple App Store or on the Google Play Store and may be available through other addresses or channels.
Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you to achieve your fitness goals. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We encourage you to seek appropriate medical advice before using the Platform.
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform. You must be 18 years of age or older to use our Platform.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
Signing up to our Platform
You can browse and view some of our Content without an account, however, you are required to create an account to access certain features and to benefit from your Membership (Account). You must provide basic information when registering for an Account including your name, email address, postcode, and payment details, as well as optional details such as your gender, height and weight and level of activity and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. Once you have created your Account, you will be asked to complete a self-assessment before you have access to our Services.
When you create an account, you will choose a subscription period (Subscription Period). We offer the option of one-month and twelve-month Subscription Periods, as well as any other Subscription Period set out on the Platform.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
Free or trial Account: We may offer you a free or trial Account with limited features designed to allow you to evaluate the Services and make sure they are right for you before signing up for a paid Membership. Any trial period can change at any time without notice but currently free trials are for 7 days after signing up. We have the right to terminate any trial Account if you are found to be misusing the Services. At the end of any free or trial Account we will automatically charge you the Membership Fee for the Subscription Period you have chosen, unless you cancel your Membership prior to the end of the free trial period.
We may modify the Memberships and Membership Fees from time to time upon notice to you. The updated Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
Refunds, Holds and Cancellations
Cancelling your Membership
You may cancel your Membership by providing us with at least 7 days’ written notice before the next Billing Date (which you may provide via email or through the Platform). We will provide you with confirmation that your Membership has been cancelled via email or via the Platform. If you cancel your Membership less than 7 days before the Billing Date, you will be charged the Membership Fee on the next Billing Date and the cancellation will become effective on the following Billing Date.
After you receive confirmation from us of cancellation of your Membership, your access to the Platform will end on the next Billing Date.
To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation.
Where you have cancelled your Membership due to change of mind or other circumstances, we do not provide refunds of the Membership Fee. For the avoidance of doubt, we do not offer refunds of Membership Fees for twelve-month Subscription Periods on a pro-rata basis, due to change of mind or other circumstances.
We do not allow for a Membership to be put on hold or “frozen”.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
Unless otherwise permitted in these Terms, you must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
Notice regarding Apple
In these Terms and Conditions, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
Warranties, disclaimers and Indemnities
You acknowledge that participating in fitness activities or any related exercises and activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.
It is your responsibility to ensure that by following the fitness instructions in the Content via our Platform, you will not exceed your limits while performing such activity, and you will select the appropriate level of Content for your skills and abilities, as well as any mental or physical conditions and/or limitations you have. You understand that, from time to time, the fitness instructors in the Content may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical or mental condition.
You recognise the difficulties associated with following the fitness instructions in our Content and attest that you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise.
You understand the demanding physical nature of a fitness class or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in fitness or exercise or fitness or exercise related activities.
In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease to use our Platform, Services and Content and contact your medical practitioner.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms, if such delay is due to any circumstance beyond our reasonable control.
Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Membership Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
RENUME PTY LTD(ABN 639 857 917)
Last update: 26 March 2020