(a) These terms govern the mobile application Key Fitness (Application), as well as any other related products and services including websites and social media pages (collectively, Services).
(b) The Application is operated by Key Fitness Pty Ltd (ACN 670 107 641) (Key Fitness, we, or us), a company registered in Australia. Access to and use of the Application, or any of its associated products or Services, is provided by Key Fitness. Please read these terms and conditions (Terms) carefully. These Terms are a legally binding contract between you and Key Fitness. By using, browsing, and/or reading the Application, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of the Services, immediately.
(c) Key Fitness reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Key Fitness updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. This may include posting the revised Terms on the applicable Services or providing additional notice to you (such as, by email). Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(a) Key Fitness provides the Services subject to your acceptance and ongoing compliance with the Terms. You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Key Fitness in the user interface.
(b) Your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.
(a) In order to access certain features of the Services, you must purchase a monthly or yearly subscription through the Application (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).
(b) The Subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until cancelled (Recurring Subscription).
You authorise Key Fitness to automatically charge your designated payment method at the beginning of each subscription period (without your prior approval) for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless your Subscription is cancelled in accordance with clause 3(i) below. If Key Fitness is not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.
(c) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(d) Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (Account).
(e) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including email address, preferred username, and password.
(f) You warrant that any information you give to Key Fitness in the course of completing the registration process will always be accurate, correct, and up to date.
(g) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires.
(h) You may not use the Services and may not accept the Terms if:
(i) you are under the age of 16 years. If so, you may only use the Services if your parent or guardian agrees to the Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of 16 years, you are subject to these Terms and responsible for your child’s activity on the Services; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(i) You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being automatically charged for the next subscription period. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with the third-party. The cancellation will take effect the day after the last day of the current subscription period. Contact us by email at hello@keyfit.com.au if you need assistance with cancelling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Subscription until the end of your current subscription period.
(j) You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a Promotional Offer). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (Offer Terms). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enrol in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are for new customers who have not previously subscribed to the Application or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to the Application and allowed your Subscription to expire before the date stated in the Offer Terms. Key Fitness reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time.
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you must provide true, complete, and accurate Account information, keep this information updated, and maintain the security of your Account. You are responsible for all activities that occur in connection with your Account (whether or not you authorised the activity) to the extent permitted by applicable law;
(c) you agree not to create an Account if we have previously removed you or your Account from any of the Services, unless we expressly agree otherwise;
(d) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(e) any use of your registration information by any other person or third parties is strictly prohibited. You agree to protect and prevent unauthorised access to your Account. You agree to immediately notify Key Fitness by email at support@keyfitness.com of any suspected or actual unauthorised use of your password or email address or any actual or potential breach of security of which you have become aware. Failure to do so may result in the suspension or termination of your Account;
(f) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Key Fitness providing the Services;
(g) you will not use the Services or the Application in connection with any political purpose or any commercial endeavour except those that are specifically endorsed or approved by Key Fitness;
(h) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(i) You may not:
(i) engage in any activity in connection with the Services that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Key Fitness;
(ii) harvest any information from the Services, including information about other users;
(iii) reverse engineer or modify the Services;
(iv) interfere with the proper operation of or any security measure used by the Services;
(v) infringe any intellectual property or other right of any third party;
(vi) use the Services in a manner that is beyond the scope of the limited license granted to you or otherwise violates these Terms.
(j) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Key Fitness for any illegal or unauthorised use of the Application; and
(k) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
(a) If you purchase a Subscription or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by Key Fitness. You authorise Key Fitness to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees that may apply to your order. The designated payment method may include (but is not limited to) your credit card or your third-party payment processing account (including your account with an app store or distribution platform where the Application is made available). Your order is not binding until accepted and confirmed by Key Fitness.
(b) In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Terms.
(c) Key Fitness reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if Key Fitness suspects the request or order is fraudulent, or in other circumstances Key Fitness deems appropriate in its sole discretion.
(d) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(e) You agree and acknowledge that Key Fitness may make changes to your Recurring Subscription including price changes, such as varying the Subscription Fee. You acknowledge and agree that the varied Subscription Fee will come into effect following the conclusion of the existing subscription period (i.e., it will take effect at the start of the next subscription period following the date of the price change). You accept the new price by continuing to use the Services after the price change takes effect. If you do not agree to the changes, you have the right to reject the change by cancelling your Subscription as described in clause 3(i) above.
(f) From time to time, we may offer trials of the Application without payment or at a reduced rate (Trial). We will require you to provide your payment information to start the Trial. Unless you cancel your Trial through your subscription page before the end of the Trial, Key Fitness will automatically charge you for a Subscription on the first day following the end of the Trial, on a recurring monthly or yearly basis. If you are automatically charged in these circumstances, you will not have the right to receive a refund for any amounts paid.
(g) Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Key Fitness regarding such functionality or features.
(h) Key Fitness reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
(a) Key Fitness will only provide you with a refund of the Subscription Fee in the event it is unable to continue to provide the Services or if the manager of Key Fitness makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member. You will not otherwise have the right to receive a refund for any amounts paid to Key Fitness.
(b) Any benefits set out in these Terms may apply in addition to consumer rights available under the Australian Consumer Law.
(a) The Application, the Services, and all of the related products of Key Fitness are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and foreign countries and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application and the Services (including but not limited to text, layout, graphics, logos, button icons, video images, audio clips, Application code, scripts, illustrations, advertising copy, design elements, interactive features, and the ‘look and feel’ of the Application and Services) are owned or controlled for these purposes and are reserved by Key Fitness or its contributors.
(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by Key Fitness, who grants to you a worldwide, non-exclusive, royalty-free, non-transferable, non-assignable, revocable, limited license whilst you are a Member (and subject to your compliance with these Terms) to:
(i) download, install, display, view, use and play the Application on a personal wireless electronic device owned or controlled by you; and
(ii) use and access the Application on such devices strictly pursuant to the Terms, solely for your personal, non-commercial purposes.
Key Fitness does not grant you any other rights or licence whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Key Fitness.
(c) Any use of the Services other than as specifically authorised herein, without Key Fitness’s prior written permission, is strictly prohibited, will terminate the licence granted herein, and will violate Key Fitness’s intellectual property rights.
(d) Key Fitness retains all rights, title, and interest in and to the Application and all related Services, including all associated intellectual property rights. Nothing you do on or in relation to the Application will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, to you; or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark, or industrial design, to you; or
(iii) thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
(e) You must not, without the prior written permission of Key Fitness and the permission of any other relevant rights owners: copy, reproduce, broadcast, republish, upload to a third party, sell, licence, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are in the public domain.
(f) Further, you must not
(i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
(ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application;
(iii) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application;
(iv) use the Application for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
(v) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(vi) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application;
(vii) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any products, applications, accessories, or devices for use with or in relation to the Application.
(a) By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (Submissions), you agree to assign Key Fitness all intellectual property rights in such Submissions. You agree that Key Fitness shall own the Submissions and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
(b) You are responsible for what you post or upload. By sending us Submissions you:
(i) confirm that you have read and agree with your obligations as a Member as set out in clause 4 above and will not post, send, publish, upload, or transmit any Submission that is illegal, hateful, harassing, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
(ii) to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
(iii) warrant that any such Submission is original to you and you have the necessary rights and licences to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submission; and
(iv) warrant and represent that your Submissions do not contain or constitute confidential information.
(c) You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this provision, (ii) any third party’s intellectual property rights, or (iii) applicable laws.
Key Fitness takes your privacy seriously and any information provided through your use of the Application and/or the Services is subject to Key Fitness's Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy posted on the Application and Key Fitness website, which is incorporated into these Terms.
(a) Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) Key Fitness will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind express or implied. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Key Fitness make any express or implied representation or warranty about the Services or any products or services referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability, or currency of any information on the Application, the Services, or any related products of the Services (including third-party material and advertisements on the Application); and
(iii) the Services or costs incurred as a result of you using the Application, the Services, or any of the products of Key Fitness.
(d) Without limiting the foregoing, Key Fitness explicitly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
(e) Key Fitness makes no representation or warranty that the Services will be available on an uninterrupted, timely, secure, or error-free basis. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. For the avoidance of doubt, nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection with the Services.
(f) Key Fitness makes no representation or warranty that the Services will meet your requirements, goals, or needs. Further, Key Fitness makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.
(g) The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and Key Fitness may allow third parties to make their content and information available on or through the Services (collectively, Third Party Content). Key Fitness provides Third Party Content only as a convenience and does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third Party Content.
(a) The Services are provided for general informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care or other professional advice.
(b) Key Fitness is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. Any content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation.
(c) Key Fitness does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.
(d) Key Fitness is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services.
(e) You should always consult a medical professional if you have any questions or concerns regarding a medical condition or your physical or mental health. Reliance on any information provided through the Services is solely at your own risk.
(f) You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services. Content in the Services is not a substitute for consulting your own healthcare professionals.
(g) Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.
(a) Key Fitness's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of (i) the amounts you have paid to Key Fitness for use of the Services; or (ii) $50 Australian dollars (AUD$50).
(b) You expressly understand and agree that Key Fitness, its officers, affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Key Fitness and you.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Key Fitness. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Key Fitness will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
(a) The Terms will continue to apply until terminated by either you or by Key Fitness as set out below.
(b) If you want to terminate the Terms, you may do so at any time by sending an email to Key Fitness at hello@keyfit.com.au . However, you will still need to cancel any active Recurring Subscriptions as stated in clause 3(i).
(c) Key Fitness may at any time, for any reason, in its sole discretion, and without notice or liability to you, suspend or terminate the Terms with you. Key Fitness may do so in circumstances including but not limited to the following:
(i) if you do not renew your Subscription at the end of the subscription period;
(ii) if your Subscription was obtained through a promotion and you no longer meet the eligibility requirements for the Promotional Offer;
(iii) if you have breached any provision of the Terms or intend to breach any provision (in this regard we reserve the right, but not the obligation, to monitor the Services for violations of these Terms);
(iv) if Key Fitness is required to do so by law; and
(v) if the provision of the Services to you by Key Fitness is, in the sole opinion of Key Fitness, no longer commercially viable.
(d) Subject to local applicable laws, Key Fitness reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice including if you breach any provision of the Terms or any applicable law or if your conduct impacts Key Fitness's name or reputation or violates the rights of another party.
(e) Key Fitness may change, modify, remove, or discontinue any or all or any parts of the Services, at any time and without notice, at its sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to the Services or users of the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, Key Fitness is not responsible for any loss or harm related to your inability to access or use the Services, or in relation to any modification, price change, suspension, or discontinuation of the Services. Further, Key Fitness has no obligation to update any information on the Services.
(f) Upon suspension or termination of your access to the Services, or upon notice from Key Fitness, all rights granted to you under these Terms will cease immediately, and you agree you will discontinue use of the Services.
(g) If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
(h) Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
(a) To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Key Fitness, its affiliates, officers, partners, employees, agents, contributors, third-party content providers, and licensors (inidually and collectively, the Key Fitness Parties) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) (Claims) incurred, suffered, arising out of, or in any way connected with:
(i) your access to or use of the Services;
(ii) your conduct in connection with the Services;
(iii) your violation, misappropriation, or infringement of any rights of another person or entity (including intellectual property rights or privacy rights);
(iv) any direct or indirect consequences of you accessing, using, or transacting on the Application or attempts to do so; and/or
(v) any misuse of the Services or breach or alleged breach of the Terms.
(b) You will promptly notify the Key Fitness Parties of any third-party Claims, cooperate with the Key Fitness Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, legal fees). You also agree that the Key Fitness Parties will have control of the defence or settlement, at Key Fitness’s sole option, of any third-party Claims.
If a dispute, claim, or controversy arises out of or relates to the Terms (Dispute), either party may not commence any Tribunal or Court proceedings in relation to the Dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights).
(a) A party to the Terms claiming a Dispute has arisen must give written notice to the other party detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute.
(b) If you assert a Dispute has arisen, you will first contact Key Fitness by sending a written notice of your Dispute to Key Fitness by email to hello@keyfit.com.au. Your notice must:
(i) include your name, residence address, email address, and telephone number;
(ii) describe the nature and basis of the Dispute; and
(iii) set forth the specific relief sought.
(c) If Key Fitness asserts a Dispute against you, Key Fitness will first contact you by sending a written notice of Key Fitness’s Dispute to you via email to the primary email address associated with your Account. Key Fitness’s notice must:
(i) include the name of a Key Fitness contact and the contact’s email address and telephone number;
(ii) describe the nature and basis of the Dispute; and
(iii) set forth the specific relief sought.
On receipt of a Notice, the parties to the Terms must abide by the following:
(a) Within 28 days of the Notice the parties must endeavour in good faith to resolve the Dispute expeditiously by informal negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, and the parties do not agree to continue their informal negotiations (or their other agreed means of resolving the Dispute), the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association.
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation (including but not limited to legal costs).
(d) The mediation will be held in Perth, Australia, or in any other location agreed upon by the parties.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are strictly confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
For the avoidance of doubt, no party shall be compelled to continue mediation or to accept a settlement reached during mediation. Any party may withdraw from mediation at any time by providing written notice to the other party and the mediator, upon which the mediation will be terminated.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in full force and effect.
These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between Key Fitness and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Key Fitness and you regarding the Services.
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Key Fitness’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Key Fitness may freely assign or transfer its rights and obligations under these Terms without restriction. These Terms shall be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
Key Fitness’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Key Fitness. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia. For the avoidance of doubt, this clause is subject to the parties first attempting to resolve any such dispute in accordance with the dispute resolution procedure in clause 16 above.
The Terms and any action related thereto will be governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.