Terms and Conditions

CLASSIUM TERMS OF USE

1. INTRODUCTION

Please familiarise yourself with the following terms and conditions (the“Terms of Use”) before using the Classium website (the “Site”) and mobile application (the “Mobile App”).
BY USING OUR SITE AND/OR MOBILE APP YOU AGREE TO ACCEPT AND ABIDE BY THESE TERMS. Terms of Use may be modified from time to time, so please refer back to them regularly.

2. DEFINITIONS

Classium. The terms “Classium,” “we,” “us,” and “our” refer to Classium Pty Ltd, and its subsidiaries and affiliates.

The Classium Service. The Classium Service includes websites, mobile applications or other Internet services under the complete or partial control of Classium. The Classium Service provides an online platform for searching, locating, booking, reviewing, comparing and tracking fitness and wellness classes and services.

Class Providers. Third party fitness and wellness service providers with whom classes maybe booked through the Classium Service.

3. USING THE CLASSIUM SERVICE

The Classium Service allows you, the user to:

1. Search for fitness and wellness classes and venues and review detailed ratings, reviews, and comments about instructors, classes and venues. Advertisements on the Classium Service do not constitute a recommendation or endorsement by Classium of the advertised class or venue. Notwithstanding its publication of reviews and ratings of classes and venues, Classium makes no representations as to the quality or nature of classes or venues listed on the Classium Service.

2. Book a class using the Classium Service. Class participants may book a class with a full subscription Class Provider through the Site and Mobile App, by clicking the “BOOK NOW” feature. This enables the class participant confirm availability in the class and to reserve their place.

Users may also use the “I'M INTERESTED” feature in the case of a basic subscription Class Provider, which will notify the Class Provider of interest in their class, but cannot confirm availability or secure a place in the class.
Payment for a class is made directly to the Class Provider by the Class Participant at the time of attendance. No booking fee is collected by Classium.

3. Rate and Review classes, venues and instructors based on specific criteria as well as free-text comments. Classium reserves the right to display advertisements or other information adjacent to your reviews and comments without compensation to you.

4. Cancellation and No Show Policy. Users of the Classium Service, are subject to the cancellation and no show policies of the Class Provider, and Classium has no control over such policies. You may cancel a booking made through the Classium Service up to an hour before the start of the class by clicking “Cancel”. Should you wish to cancel within an hour before the start of the class, we request that you contact the Class Provider directly to notify of the cancellation as a matter of courtesy.

4. LEGAL RELATIONSHIPS

Classium acts in the capacity of both a principal and as a disclosed agent for third party Class Providers. Any contract for services or products is between the class participant and the Class Provider, and is governed by the terms and conditions of that Class Provider. Classium has no contractual or other liability to you in respect of products or services received from the Class provider, except in cases of negligence, breach of a relevant law, or misrepresentation of important information on the part of Classium.

5. REGISTRATION & SITE ACCESS

You must register an account to use the Classium Service.
By opening an account on the Classium Service, you agree to at all times provide truthful, correct, current and complete information and to ensure that your account information is kept up to date.
If you open or access an account on behalf of a company, or other legal entity, you thereby represent and warrant that you are an authorised representative with authority to bind the company or other legal entity to these Terms of Use.

User accounts on the Classium Service are password protected. The account holder is solely responsible for maintaining the confidentiality of account information and passwords and agrees to accept responsibility for all activity occurring on their account whether authorised by them or not.

6. OWNERSHIP AND USE OF CONTENT

The Classium Service contains content including but not limited to: designs, text, graphics, images, video, information, logos, button icons, software, audio files and computer code (collectively, “Classium Content”). Both the component parts and compilation of the Classium Content remains the property of Classium or its licensors and is protected under copyright, trademark, and other intellectual property laws and international conventions.

Subject to these Terms of Use, license is granted to users to access and use the Classium Service and Classium Content solely for personal, non-commercial use. Classium may revoke such license at anytime without notice to users. Any copies made of the Classium Content must retain the relevant copyright and trademark information. The publication online or otherwise of Classium Content without permission of Classium is strictly prohibited.

Classium, the Classium logo, and the names of Classium's products and services are or may be trademarks of Classium (the “Classium Marks”). Users agree not to display or use Classium Marks in any manner, without Classium’s prior written permission or as solely enabled by a link as provided by Classium.

Users are only authorised to create one account on the Classium Service. Classium reserves the right to close all accounts held by a user that is suspected of creating multiple accounts.

7. PRIVACY

We respect your privacy and have set out the practices of Classium with respect to the collection, use and disclosure of your Personal Information in the Classium Privacy Policy. The Classium Privacy Policy is hereby incorporated by reference into these Terms of Use.

8. SITE MAINTENANCE

Classium will take all reasonable steps to ensure that the Site and Mobile App remain up and running at all times. Should the Classium Service encounter technical issues resulting in the Site or Mobile App being temporarily unavailable due to reasons outside Classium's control, Classium is not liable for any loss or damage arising from either the Site or Mobile App being unavailable. We will endeavour to provide advance warning of any maintenance issues but shall not be obliged to do so.

9. WEBSITE VISITOR CONDUCT

With the exception of Personal Information, the use of which is covered under our Privacy Policy, any content posted or sent to the Site or Mobile App by users (“User Content”) shall be considered non-proprietary and not confidential. In the absence of written instruction to the contrary, Classium will be free to copy, disclose, distribute, incorporate and otherwise use User Content for any and all purposes it sees fit.

By using the Site or Mobile App, you, the user agree not to engage in any of the following prohibited conduct:

1. Harassing, threatening, or defrauding other Site users;
2. Making unsolicited offers, advertisements, proposals, or sending junk mail to Site users;
3. Impersonating another person or accessing another Site user's account without that person's permission;
4. Sharing or assisting in sharing Classium-issued passwords with any third party;
5. Misrepresenting the source, identity or content of information transmitted via the Site, including deleting the copyright or other Classium Marks from content;
6. Posting or sending to or from the Classium Service, any harmful material including but not limited to: computer viruses, corrupted data, or other potentially harmful software or data;
7. Posting or sending to or from the Classium Service any content that you do not have the legal right to publish or reproduce: and
8. Posting or sending to or from this Site any content that is defamatory, obscene, pornographic, discriminatory, capable of inciting racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes a criminal offence, give rise to a civil liability, or otherwise contrary to the law in Australia.
If required, Classium will co-operate with any law enforcement agency or court order in disclosing the identity or other details of any person engaging in prohibited conduct under this clause.

10. ACCOUNT SUBSCRIPTION FEES (CLASS PROVIDERS ONLY)

Class Providers have the option of subscribing to the Classium Service with a BASIC Account or a PRO Account, and will be charged the corresponding account fees as indicated below:
1. Basic Account – Fee Free
2. Pro Account - For the duration of this Agreement the User must pay to Classium the fees detailed here.

By using the Classium Service, Class Providers warrant that they understand and agree to pay to Classium, fees as per the fee structure detailed under our pricing page, and authorise Classium to charge all monies payable to Classium under these Terms of Use to their account.

Classium reserves the right to change the fees payable in respect of any subscription account, at any time. In the event of an increase in any fee, the new fee will become payable from the earlier of 7 days after: notice of the fee increase is posted on this Site or such notice is transmitted to the User by email.

Unless otherwise stated, all fees are inclusive of GST and are quoted in Australian dollars.

As further explained in Clause 13, subscription renewal is automatic for monthly paid accounts and will continue in the same periodic payment format (i.e. monthly).

Failure to pay any amounts due under these Terms within (7) calendar days after the due date, will result in deactivation of the User’s account without notice.

11. PRODUCT DELIVERY

Upon payment of fees, Users will be directed back to their User profile page and scheduled classes will display the “BOOK NOW” feature which will enable users to book your classes online.

A confirmation email will be sent to the User’s registered email account, confirming their subscription to the Classium Service.

12. TERMINATION & REFUNDS

(a) Termination by Classium

Classium reserves the right to, in its sole discretion:
1. Terminate any User account (in whole or in part);
2. Remove and/or destroy any information or content uploaded by a User onto the Classium Service; and/or
3. Discontinue providing access to the Classium Service, to any User at any time for any, or no reason and without notice. Classium will not be liable to any User or any third party for any of the above actions.

(b) Termination by User

You may terminate your subscription with the Classium Service at any time and for any reason or no reason, by contacting Classium user support at support@classium.com.au, subject to Classium’s Refund Policy below (Clause 14).

13. AUTOMATIC SUBSCRIPTION RENEWAL

For a monthly paid account, a user's paid subscription to the Classium Service will not automatically terminate upon the conclusion of the subscription period. A subscription will automatically renew, by charging payment to the user's registered credit card via the designated electronic payment gateway, unless the user cancels their subscription prior to the completion of the subscription period in writing. This does not apply to yearly subscription.

14. NO REFUNDS

Classium does not offer refunds for any processed payments.

15. LIMITED FREE TRIAL

A free Trial Period is available to new Class Providers subscribing to the Classium Site. During the Trial Period, Users will be granted FULL access to the Classium Service for free. Classium warrants that no fees will be payable during the Trial Period.

Upon ending the trial, a User’s subscription will automatically revert to a BASIC free access account with the option of upgrading to a PRO subscription paid account.

For more information regarding the subscription fees, refer to Clause 10.

16. FEEDBACK ON INSTRUCTOR AND VENUE

After participating in a class booked through Classium, you are able to leave feedback on the quality of the class, instructor and venue.

The purpose of feedback on the Classium Service is not only to provide guidance to other class participants but also to assist Class Providers to improve their services. Classium may therefore share customer feedback with a Class Provider in question. Users should only provide helpful and constructive feedback based on an honest account of their experience with a given Class Provider. Feedback which is suspected to be inaccurate or malicious will be removed by Classium.

17. LINKS TO AND FROM OTHER WEBSITES

Any links contained on the Classium Service which direct the user to third party websites or services (“Linked Sites”) are not endorsed or recommended by Classium. Furthermore, Classium makes no express or implied warranties with regard to the information, material, products, or services that are contained on, or accessible through Linked Sites. USERS ACKNOWLEDGE THAT ACCESSING LINKED SITES INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES IS AT THEIR OWN RISK AND CLASSIUM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCURRED AS A RESULT OF ANY DEALINGS WITH THIRD PARTIES THROUGH LINKED SITES.

Users are permitted to link to the Classium Site, subject to the following conditions:
1. No page or content of the Classium Service is replicated or republished;
2. No implication is made that Classium endorses any services or products unless specifically agreed to by Classium;
3. No misrepresentation is made about us or your relationship with us;
4. No links are to be made from websites that are not owned and controlled by you; and
5. Your website does not contain any content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or breaches any law in Australia.

18. DISCLAIMER

Although reasonable steps are taken to ensure that information on the Classium Service is correct, Classium does not guarantee the correctness, completeness or currency of any Classium Content. Changes may be made to content on the Classium Service at any time, without notice.

19. LIABILITY

User Content. Classium does not control User Content and is not obliged to:

1. Monitor or regulate User Content;
2. Remove User Content; or
3. Make User Content available through the Classium Service,
but reserves the right to choose, in its sole discretion, to do so. Classium assumes no responsibility for the conduct of Users or third parties and disclaims to the extent permitted by law, any liability for failing to take action in respect of User or third party conduct. In no way is Classium liable for the deletion, loss or alteration of any User Content.

Credit Card Payment. Classium disclaims all liability associated with the security of credit card transactions processed through third party providers.

User Disputes. Users are advised to exercise caution and common sense when dealing with other Classium Service users, and will assume all risk associated with such dealings. Classium is hereby released from all claims, demands, and liability for damages arising from any dispute between users of the Classium Service.

Injuries and Medical Problems. The Classium Service does not provide professional health or medical advice, nor does it provide any recommendation as to whether you have the physical capability to participate in a particular class. The Classium Service disclaims all responsibility for any ratings, comments or reviews which may indicate that you or persons like you are physically capable of participating in a particular class. You should always seek the advice of a qualified health professional prior to engaging in any fitness or wellness activity.

Class Provider Qualifications.The Classium Service has no way of verifying representations made by Class Providers regarding the qualifications held by their company and/or individual instructors. Classium therefore provides no warranty as to the truthfulness, accuracy or currency of any such claims. Participants should conduct their own independent enquiries regarding a Class Provider's stated qualifications before relying on them.   

 (a) Exclusion of Liability

You understand and agree that any attendance at the premises of a Class Provider or participation in any class, activity or other service provided by a Class Provider is solely at your own risk. In no event shall Classium, its officers, agents and/or consultants have any liability for any injury, loss, claim or damage of any kind whatsoever in contract, tort, or otherwise arising out of or in any way connected with a user's attendance or participation in a class, service or appointment made through the Classium Service, or the performance or non-performance of a particular service by the Class Provider.

Neither Classium nor any other party (whether or not involved in producing, maintaining or publishing the Classium Service), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a consequence of your or their use of the Classium Service. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, howsoever arising in connection with this Site.

(b) Indemnification

You, the user agree to defend, indemnify and hold harmless Classium and its affiliates and their respective officers, directors, employees and agents from and against any claims, actions or demands including without limitation reasonable legal and accounting fees, resulting from (I) User Content or other material you provide to the Classium Service, (ii) your use of any Classium Content, or (iii) your breach of these Terms of Use. Classium shall provide notice to you promptly of any such claim, suit or proceeding.

20. GOVERNING JURISDICTION

These Terms of Use shall be governed and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales. Should any proceedings arise from this agreement, the parties will submit themselves to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

21. OPENING HOURS

We will make every effort to accurately display Class Providers opening hours on the Site, however during holidays and other occasions, Class Providers may change opening times without informing Classium.

22. FURTHER INFORMATION

If you have any questions relating to our Terms and Conditions please contact us at admin@classium.com.au. We will endeavour to respond as soon as possible.