Terms & Conditions
1. Definitions
In these Terms and Conditions, the following terms have the following meanings:
Abusive Acts means any act that:
(a) defames, abuses, harasses, stalks, threatens or otherwise violates or infringes the legal rights of any other person; or
(b) incites, threatens, facilitates or encourages hate, intolerance or violent acts towards another person.
Applicable Laws means:
(a) any statute, regulation, rule, by-law, ordinance, proclamation, judgement, treaty, decree, convention, rule or principle of common law or equity, rule of any applicable stock exchange, or requirement or approval;
(b) any regulation, rule, by-law, ordinance, proclamation or judgement made under that law; and
(c) that law as amended, consolidated, supplemented, re-enacted or a replacement,
which Train With Cass or the User are bound in any jurisdiction applicable to the access and use of the Platform.
Force Majeure Event means any event or cause beyond Train With Cass's reasonable control, including each of the following, to the extent it is beyond the reasonable control of that Party:
(a) act of God, lightning, storm; flood, fire, earthquake or explosion, cyclone, tidal wave, landslide, adverse weather conditions;
(b) strike, lock-out, or other labour difficulties;
(c) active public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic;
(d) the effect of any applicable laws, orders, direction, rules or regulations of any government or other competent authority;
(e) embargo, inability to obtain any necessary materials, equipment, facilities, or qualified employees, power or water shortage, lack of transportation; and
(f) breakage or accident or other damage to machinery.
Fraud means any attempt to defraud Train With Cass or any other person and/or the provision of false, inaccurate or misleading information to Train With Cass.
Intellectual Property Rights means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the name "Train with Cass”, and any right to have Information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of this Terms and Conditions;
Loss means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data production stoppage, or consequential or indirect loss or damage (howsoever arising or caused, including, without limitation, negligence);
Platform means the Train with Cass platform which includes the Webpage and the Train with Cass App;
Privacy Policy means the privacy policy available at the Webpage;
Related Parties means Train with Cass' affiliates and their respective shareholders, directors and employees;
Services means services provided by Train With Cass which allows You to access the Platform;
Terms and Conditions means these Terms and Conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time including the Stripe Consumer Terms of Service and the Apple App Store Terms and Conditions;
Third Party Content means content provided by third parties, including links to web pages and services of such parties;
Train with Cass App means the Train With Cass mobile application;
Train with Cass means Train With Us Pty Ltd ACN 664 876 377 trading as Train With Cass ABN 33 664 876 377 and its affiliates referred to as Train With Cass;
Train With Us means the Train With Us Pty Ltd ACN 664 876 377 and its affiliates referred to as Train With Cass;
Trial Period means any free trial subscription for a fixed period of time, as determined by Train With Cass at its sole discretion in accordance with clause 5.1(a);
Unauthorised Use means any use or activity that:
(g) interferes with, interrupts, affects or inhibits other Users from accessing or fully enjoying the Platform;
(h) introduces malware, virus, trojan horse, worms, logic bombs or any other programme to the Platform that results in a technical glitch, malfunction, failure, delay, default or security breach;
(i) attempts to gain unauthorised access to other User Accounts, computing systems or networks through password access, password mining or other methods;
(j) undermines the security or integrity of the computing systems or networks;
(k) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform;
(l) uses data mining, robots or similar data-gathering or extraction methods on the Platform;
(m) uses another person's the User Account information to access or use the Platform; or
(n) transfers Your User Account to a third party;
Unlawful Activity means any activity that violates or could violate Applicable Laws.
User Account Information means the information entered by the User when creating the User Account in accordance with clause 4.1 or in using the Services or the Platform.
User Account means a user account created by the User on the Platform in accordance with clause 4.1;
User means a user of the Platform, also referred to as 'You' or 'Your';
We, Us, Our means Train with Cass; and
Webpage means http://www.trainwithcass.com.
2. about these Terms and Conditions
2.1 These Terms and Conditions govern Your use of (and subscription to) the Services and Platform and are effective as of 7 June 2024.
2.2 By accessing the Platform, You agree to be bound by and comply with these Terms and Conditions as amended from time to time. They continue to apply even after Your User Account expires or is terminated, and when You have stopped using the Platform.
2.3 Train by Cass may amend these Terms and Conditions from time to time without prior notice which will be effective immediately upon being updated on the Platform. Please review the Terms and Conditions periodically as Your continued use of the Platform indicates Your agreement to any changes made. All amended Terms and Conditions shall automatically be effective from the time and date of appearance on Our Platform (unless otherwise stated in the Terms and Conditions). If You do not agree with such changes, You must cease to use the Platform.
2.4 The offering of the Platform to You is conditional on Your acceptance of these Terms and Conditions.
2.5 You agree that Train With Cass may transfer, assign, license or deal with our interest in these Terms and Conditions and the Platform and its Services or any other published material without prior notice to any Associated Party or to any third party who shall, in any event, be bound to meet the obligation of any agreement You have with Train With Cass.
3. LICENCE AND INTELLECTUAL PROPERTY RIGHTS
3.1 You are granted a non-exclusive, non-assignable, non-transferable, non-sublicensable and revocable licence to access and use the Platform (or any part of it or its contents) for Your own personal use strictly in accordance with these Terms and Conditions. Your licence terminates upon the expiry or termination of Your User Account. In addition, Train With Cass reserves the right to:
(a) monitor Your use of the Platform;
(b) alter or revoke Your licence or Your access to the Platform at any time and for any reason.
3.2 You acknowledge and agree with Us that You will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Platform, content or any part of it, other than the non-exclusive rights granted in accordance with these Terms and Conditions (if any).
3.3 All of Intellectual Property Rights in the Platform and the material published on and through it are owned by Train With Cass, its licensors and the respective providers of such material and are protected by Applicable Laws.
3.4 You must not:
(a) engage in any activity on or through the Platform that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights;
(b) copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way without prior written consent from Train With Cass and subject to these Terms and Conditions;
(c) remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform;
(d) use the Platform (or any part of it or its content) for non-personal, public or commercial use.
3.5 We operate the Platform in Australia. Content contained on the Platform may not be appropriate or available for use in other locations. If You access the Platform from other locations, You do so at Your own initiative and You are solely responsible for compliance with local laws.
4. MEMBERSHIP
(a) You may be prompted to establish a User Account to access the Platform and its features.
(b) You are responsible for:
(i) the content of all User Account Information entered on the Platform;
(ii) ensuring all User Account Information, You enter must be accurate, complete and not misleading; and
(iii) maintaining and updating Your User Account Information.
(c) You indemnify Train with Cass any losses, costs, expenses or damages that Train with Cass may suffer or incur if any if the User Account Information provided by You is not correct or up to date.
(d) Subject to Applicable Laws, Train With Cass reserves the right to;
(i) terminate your User Account;
(ii) limit the number of User Accounts you maintain;
(iii) stipulate additional terms for the creation or maintaining of User Accounts; and/or
(iv) refuse to create a User Account for You.
4.2 User Account Requirements
(a) In order to use the Platform, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:
(i) the provision of any such connection or access to the World Wide Web;
(ii) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(iii) the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a device, computer and a modem.
(b) Train with Cass is not liable for any defects or non-compatibilities between the Services and Your device.
(c) Train with Cass makes no representation that our Services will work to any particular degree of functionality or efficiency with any particular device.
(d) You are responsible for:
(i) maintaining the security of Your User Account access credentials;
(ii) all activities that occur under the User Account; and
(iii) any other actions in relation to the User Account (with or without Your permission).
(e) You should not share the access credentials of Your User Account (including passwords) with any other person or allow any other person to access Your User Account.
(f) You must immediately notify Train With Cass in writing at support@trainwithcass.com of unauthorised use of Your User Account or any other breaches of security.
5. Subscription
5.1 Free Trials
(a) Train with Cass may at its sole discretion provide a free trial subscription for a fixed period of time (Trial Period). During the Trial Period you can use the Platform without cost subject to any additional terms and conditions that apply to the promotional offer.
(b) After the Trial Period, Your subscription will renew automatically at the full subscription price unless You cancel Your subscription before the end of the trial period.
(c) If you choose to purchase a subscription during the Trial Period, any unused portion of Your free trial period will be forfeited upon purchase of a subscription.
(d) Free trials are only available to new Users and Train With Cass reserves the right to immediately cancel Your free trial subscription and charge You the standard subscription fee if Train With Cass becomes aware that You have already had a trial subscription on a different User Account or using a different email address.
5.2 Fees and Payment details
(a) You agree to pay the fees for Your subscription on the Train With Cass App through either:
(i) Your account with the Apple App Store; or
(ii) On Our Webpage through Stripe payment,
in the manner specified in these Terms and Conditions.
(b) Subscriptions are purchased on a reoccurring monthly or annual basis as selected by you at the time of purchase.
(c) The applicable fees payable by You will be specified during the ordering process on either the Apple App Store or the Stripe payment process on Our Webpage.
(d) Eligibility for promotions or discounts is ascertained at the time of subscription and cannot be changed during the term of Your subscription. You are responsible for reading and understanding the specific terms applicable to any promotions or discounts.
(e) The price of the subscription may be subject to change from time to time and may vary depending on Your country of residence (as determined by the IP address of Your device used to access the Platform). In addition to the subscription fee You are charged, You are responsible for paying any foreign transaction fees that certain banks and credit card issuers may charge on transactions which take place abroad or in a foreign currency.
(f) Train With Cass reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores or our Webpage where You subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply retrospectively to any subscription entered into following the effective date of the fee revision or update.
(g) When You purchase a subscription, You agree to provide us with complete and accurate payment information including full legal name, email address, credit card details and billing information. By submitting payment details, You represent that You are entitled to purchase a subscription using those payment details. If Train With Cass does not receive payment authorisation, or any authorisation is subsequently cancelled, Train With Cass may immediately terminate or suspend Your access to the subscription.
(h) If Train With Cass discovers or believes that any information provided by you is inaccurate or incomplete, Train With Cass reserves the right to refuse to continue with your purchase, or put on hold or terminate Your access to the Platform, the Services or any of the products provided by Us at any stage at Our sole discretion and You forfeit any right to a refund of any payment made by You for the purchase.
5.3 Cancellation and refund of subscription fees
(a) You may cancel Your subscription at any time by navigating to Your profile page and following the prompts to cancel Your subscription. Upon such cancellation, You will still be entitled to access the subscription services on the Platform for the remainder of any pre-paid period.
(b) You may terminate your subscription via the third-party app store that supplied You the App at least 24 hours before the date when your next payment is due. Unless and until You do so, subscription fees will continue to be charged. Written notice via email is not sufficient.
(c) The cancellation and/or refund of subscription fees will be governed by the applicable terms and conditions of either:
(i) the app store on which You have subscribed through; or
(ii) Stripe.
(d) If payment of your subscription fails on the relevant billing date, payment will be put through on the evening following the billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the billing date, and if payment fails on the third attempt, the subscription will be cancelled, with all outstanding fees will continue to be owed).
Unless You cancel Your subscription at least 24 hours before the end of the current billing period or such other time period required by the app store, Your subscription will automatically renew.
6. eligibility
6.1 You represent and warrant that you are at least 18 years old and will be responsible for the User Account Information provided when creating a subscription for the Services.
6.2 If you are accessing and using the Platform on behalf of a party who is not at least 18 years of age You represent that You are that party's legal guardian and You indemnify Train with Cass for any losses or damage suffered as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
6.3 Without limitation, the Platform and Services are available only to individuals with whom legally binding contracts can be formed under the Applicable Law.
6.4 Train With Cass has the right to refuse to deal with You, at any time, at our sole discretion, including the suspension or termination of Your subscription to the Services, if we believe that you may or will bring Train With Cass' reputation or Related Parties into disrepute or otherwise will interfere with other parties rights to have reasonable use of and access to the Platform or to the contents and components of the Platform or are in any way in breach of these Terms and Conditions.
7. platform use
7.1 You must not use the Platform for:
(a) Unlawful Activity;
(b) Unauthorised Use;
(c) Abusive Acts; or
(d) Fraud.
8. Services and INFORMATION Security
8.1 You acknowledge that Train With Cass is entitled at any time, to change, modify, vary, delete or otherwise deal with the Platform, Services and information provided as we see fit.
8.2 Access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Train With Cass’ control.
8.3 Train With Cass assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
8.4 Users may also be required to download and install updates to the Train With Cass App so as to maintain access to the Platform and its Services. A User’s failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
8.5 You acknowledge and agree that You are responsible satisfying Your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost or compromised data.
8.6 Train With Cass does not warrant the security of any Account User Information which you transmit to us. Accordingly, any User Account Information which you transmit to us is transmitted at the User's own risk.
9. limitation of liability
9.1 In no event shall Train With Cass or its Related Parties, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
(a) Our Platform, use of the Platform or the inability to use the Platform by any party;
(b) Your use of the internet to connect to the Platform or any technical problems, systems failures or security breaches;
(c) Any failure or performance, error, omission, interruption, defect, delay in operation or transmission;
(d) Line or system failure or the introduction of a computer virus or any technical issue or other technical sabotage;
(e) Any loss or activity that results from the unauthorised use of Your User Account due to Your failure to secure Your access credentials;
(f) The Platform, content or User Account Information, even if We or Our employees or representatives are advised of the possibility or likelihood of such Loss; or
(g) The hardware that You use to access the Platform and the integrity and proper storage of any of Your data that is stored on Your own hardware.
9.2 In no event shall Train With Cass or its Related Parties, officers, directors, employees agents, contractors or suppliers be liable for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
9.3 You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that Train With Cass or its Related Parties, officers, directors, employees, agents, contractors and suppliers have no responsibility for the actions of Users (including the legality of such actions).
9.4 Without limitation and notwithstanding any other provision of these Terms and Conditions and except to the extent permitted by law:
(a) Our total liability arising out of or in connection with these Terms and Conditions and your Use of the Platform, and the liability of Our suppliers, to You or any third parties in any circumstance is limited per event to the amount of $100.00; and
(b) We shall not be liable for any Loss.
9.5 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
9.6 Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Us or its Related Entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that applicable law prohibits such exclusion or limitation.
10. Disclaimers
10.1 We provide the Platform on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, We do not guarantee continuous, uninterrupted or secure access to the Platform, content or User Account Information, and operation of Our Platform may be interfered with by numerous factors outside Our control.
10.2 You warrant that You have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms and Conditions. No warranty or representation is made about the contents, products, services or offers referred to in the Platform or Service, the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers.
10.3 You acknowledge and agree that:
(a) Your use of the Website/App or its products and services, is at your sole risk;
(b) Before following any exercise programs or using any of the information on the Platform, engaging in any physical activity or making any changes to Your diet or lifestyle, You should:
(i) consider your medical history, physical health and other factors that may impact your ability to participate/use any of the Services; and
(ii) first consult an appropriately qualified healthcare professional.
(c) The information provided on the Platform is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.
(d) The features on the Platform that promote physical activity, nutrition or general wellness are for Your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.
(e) If any medical conditions arise while you are participating in any of the Services, You will cease using the Services and immediately seek advice from a medical practitioner or other certified health care provider.
10.4 No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect Your Information, We do not warrant and cannot guarantee the security of Your Information which You transmit through the Platform. Accordingly, Your Account Information which You transmit through the Platform is transmitted at Your own risk. Nevertheless, once transmitted We will take reasonable steps to preserve the security of such Information. We cannot guarantee that Your Account Information remains solely in the hands of those recipients of that information or that those recipients comply with their confidentiality obligations as required under Our policies, and We will not be responsible or liable for any Loss incurred in this regard. You must inform Us immediately of any breaches of security or unauthorised use of Your Information.
10.5 To the maximum extent permitted under Applicable Laws, Train With Cass and its Affiliated Parties are not responsible or liable for any loss or damage of any sort incurred that result from Your use of, or inability to use, the features of the Platform.
11. Indemnity
11.1 To the maximum extent permitted by Applicable Laws, You agree to indemnify and hold harmless immediately upon demand Train With Cass and the Related Parties from any and all claims, demands, lawsuits, actions, proceedings, investigations, liability, damage, loss, cost or expense including solicitor/client costs, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) Your use of, or conduct in connection with, the Platform; or
(b) Your failure to comply with these Terms and Conditions or any other policy;
(c) Any facilitation or support by You of a third party causing any loss or damage to us.
12. Governing Law And Dispute Resolution
12.1 These Terms and Conditions are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland and the parties submit to the jurisdiction of the Court of Queensland, relevant Federal Courts and Courts competent to hear appeals from them.
12.2 If You are a consumer for the purposes of the Laws of the country of which You are resident, You may benefit from any mandatory provisions of such Laws. Nothing in these Terms and Conditions, including this Clause 12, affects Your rights as a consumer to rely on such mandatory provisions of any Applicable Law.
13. General
13.1 Force Majeure Event
If a Force Majeure Event occurs that affects Train With Cass's ability to perform its obligations under these Terms and Conditions, the Train With Cass team will contact You as soon as reasonably possible to notify You and Train With Cass's obligations under these Terms and Conditions will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
13.2 Entire agreement
Unless otherwise specified, these Terms and Conditions and the Policies comprise the entire understanding and agreement between You and Us with respect to the subject matter hereof.
13.3 Validity
If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
13.4 Waiver
13.5 No waiver by a party of a provision of this Agreement is binding unless made in writing. Our failure to act with respect to a breach by You or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches.
13.6 Relationship of the parties
Nothing in the Terms and Conditions or Your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
13.7 Third party rights
A person who is not a party to these Terms and Conditions has no right whether by Law or otherwise to enforce any term of these Terms and Conditions.
13.8 Survival
The clauses capable of doing so will survive any termination or expiration of a User's access to the Platform.
13.9 Contra Proferentem
The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.