Terms of Service
Last Updated: 4th March, 2025
1. AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and FitFocus IO PTY LTD ACN 661 231 330 ("Company", "we", "us", or "our"), concerning your access to and use of the FitFocus platform, Kiwi platform, FitFocus website, Kiwi website, FitFocus mobile application, Kiwi mobile application, and any related services (collectively, the "Platform") under the FitFocus IO PTY LTD company and brand.
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to modify these Terms at any time. We will notify users by updating the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Platform after modifications have been made constitutes your acceptance of the revised Terms, regardless of whether you have reviewed them.
2. INFORMATION DISCLAIMER - NO MEDICAL ADVICE
FitFocus does not provide medical care, medical opinion, medical advice, diagnosis, or treatment. All information found on the Platform, including but not limited to the Website, Application, Services, or through links, as well as any information contained on product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure, or prevent any disease. You should consult your health practitioner before starting any diet, exercise, or supplementation program, or before taking any products. Always seek guidance from a qualified doctor, nutritional expert, health professional, or fitness expert regarding any health or medical concerns, including interactions between supplements and medications you are taking. Ensure you disclose all supplements and products to your doctor and/or pharmacist when asked about your medication intake. To the fullest extent permitted by law, FitFocus makes no express or implied warranties and does not guarantee the accuracy, completeness, or reliability of any information provided through our website or platform. Always read the Product Information and follow>directions for use. Health supplements should not replace a balanced diet.
3. EXERCISE & NUTRITION DISCLAIMER - LIMITATION OF LIABILITY
FitFocus provides tools to track workouts, general fitness tips, structured programs, and nutrition tracking features. However, FitFocus is not a substitute for professional training, coaching, dietary advice, or supervision. You acknowledge that participating in physical exercise and making dietary changes involve inherent risks, including but not limited to the risk of serious injury, disability, illness, or death. You assume full responsibility your personal safety and well-being while engaging in any physical activity or nutritional decisions using our platform. FitFocus is not responsible for any injuries, damages, health complications, or adverse effect> that arise from the use of our platform, including but not limited to: Use of workout programs, training plans, or fitness-related guidance; Misuse of equipment or improper execution of exercises; Overexertion, pre-existing medical conditions, or unforeseen health complications; Any nutritional or dietary choices you make, including supplement intake, food allergies, or dietary sensitivities. You agree to use FitFocus at your own risk and acknowledge that FitFocus is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of our platform.
4. USER REGISTRATION
To access certain features of the Platform, you may be required to register for an account. You agree to: Provide accurate, current, and complete registration information. Keep your account credentials secure and confidential.Notify us immediately of any unauthorised use of your account. We reserve the right to remove, reclaim, or change a username if we determine that it is inappropriate, obscene, or otherwise objectionable.
5. USE OF THE PLATFORM
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are prohibited from: Engaging in fraudulent, harmful, or illegal activities. Attempting to interfere with or disrupt the Platform. Violating any applicable local, state, national, or international law. Using the Platform in any way that infringes upon the rights of others.
6. PRIVACY AND DATA
Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.
7. INTELLECTUAL PROPERTY RIGHTS
All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, software, and trademarks, are owned by FitFocus or its licensors and are protected by intellectual property laws. You may not:Copy, modify, distribute, or create derivative works based on any content from the Platform without our express written consent.Use any automated systems to extract data from the Platform without authorisation.
8. THIRD-PARTY LINKS
The Platform may contain links to third-party websites or services. FitFocus does not endorse or assume responsibility for any third-party content, policies, or practices. Your use of such third-party services is at your own risk.
9. TERMINATION
We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any reason, including but not limited to:Violation of these Terms. Suspected fraudulent, abusive, or unlawful activity. Upon termination, your right to use the Platform will cease immediately.
10. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITFOCUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.ANY LOSS OF PROFITS, DATA, OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM. ANY UNAUTHORIsED ACCESS TO OR ALTERATION OF YOUR DATA.
12. INDEMNIFICATION
You agree to indemnify and hold FitFocus, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses arising from:Your violation of these Terms. Your use or misuse of the Platform. Any content you submit or share through the Platform.
13. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New South Wales.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to: Modify, update, or discontinue any part of the Platform without notice. Temporarily suspend access for maintenance or technical reasons. Limit access to certain features or restrict use at our sole discretion. We will not be liable for any interruptions or unavailability of the Platform.
15. DISPUTE RESOLUTION
15.1 Informal Negotiations
Before initiating formal dispute resolution, both parties agree to first attempt to resolve any dispute informally by contacting each other in good faith.
15.2 Binding Arbitration
If disputes cannot be resolved through informal negotiations, they shall be submitted to binding arbitration in New South Wales, Australia. The arbitration shall be conducted by a neutral arbitrator and in accordance with applicable arbitration rules.
16. ELECTRONIC COMMUNICATIONS
By using the Platform, you consent to receiving electronic communications from us. You agree that all notices, disclosures, and agreements provided electronically satisfy any legal requirements for written communication.
17. CONTACT INFORMATION
For any questions regarding these Terms, please contact us at: Email: support@fitfocus.io
By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service.
1. AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and FitFocus IO PTY LTD ACN 661 231 330 ("Company", "we", "us", or "our"), concerning your access to and use of the FitFocus platform, Kiwi platform, FitFocus website, Kiwi website, FitFocus mobile application, Kiwi mobile application, and any related services (collectively, the "Platform") under the FitFocus IO PTY LTD company and brand.
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to modify these Terms at any time. We will notify users by updating the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Platform after modifications have been made constitutes your acceptance of the revised Terms, regardless of whether you have reviewed them.
2. INFORMATION DISCLAIMER - NO MEDICAL ADVICE
FitFocus does not provide medical care, medical opinion, medical advice, diagnosis, or treatment. All information found on the Platform, including but not limited to the Website, Application, Services, or through links, as well as any information contained on product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure, or prevent any disease. You should consult your health practitioner before starting any diet, exercise, or supplementation program, or before taking any products. Always seek guidance from a qualified doctor, nutritional expert, health professional, or fitness expert regarding any health or medical concerns, including interactions between supplements and medications you are taking. Ensure you disclose all supplements and products to your doctor and/or pharmacist when asked about your medication intake. To the fullest extent permitted by law, FitFocus makes no express or implied warranties and does not guarantee the accuracy, completeness, or reliability of any information provided through our website or platform. Always read the Product Information and follow>directions for use. Health supplements should not replace a balanced diet.
3. EXERCISE & NUTRITION DISCLAIMER - LIMITATION OF LIABILITY
FitFocus provides tools to track workouts, general fitness tips, structured programs, and nutrition tracking features. However, FitFocus is not a substitute for professional training, coaching, dietary advice, or supervision. You acknowledge that participating in physical exercise and making dietary changes involve inherent risks, including but not limited to the risk of serious injury, disability, illness, or death. You assume full responsibility your personal safety and well-being while engaging in any physical activity or nutritional decisions using our platform. FitFocus is not responsible for any injuries, damages, health complications, or adverse effect> that arise from the use of our platform, including but not limited to: Use of workout programs, training plans, or fitness-related guidance; Misuse of equipment or improper execution of exercises; Overexertion, pre-existing medical conditions, or unforeseen health complications; Any nutritional or dietary choices you make, including supplement intake, food allergies, or dietary sensitivities. You agree to use FitFocus at your own risk and acknowledge that FitFocus is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of our platform.
4. USER REGISTRATION
To access certain features of the Platform, you may be required to register for an account. You agree to: Provide accurate, current, and complete registration information. Keep your account credentials secure and confidential.Notify us immediately of any unauthorised use of your account. We reserve the right to remove, reclaim, or change a username if we determine that it is inappropriate, obscene, or otherwise objectionable.
5. USE OF THE PLATFORM
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are prohibited from: Engaging in fraudulent, harmful, or illegal activities. Attempting to interfere with or disrupt the Platform. Violating any applicable local, state, national, or international law. Using the Platform in any way that infringes upon the rights of others.
6. PRIVACY AND DATA
Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.
7. INTELLECTUAL PROPERTY RIGHTS
All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, software, and trademarks, are owned by FitFocus or its licensors and are protected by intellectual property laws. You may not:Copy, modify, distribute, or create derivative works based on any content from the Platform without our express written consent.Use any automated systems to extract data from the Platform without authorisation.
8. THIRD-PARTY LINKS
The Platform may contain links to third-party websites or services. FitFocus does not endorse or assume responsibility for any third-party content, policies, or practices. Your use of such third-party services is at your own risk.
9. TERMINATION
We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any reason, including but not limited to:Violation of these Terms. Suspected fraudulent, abusive, or unlawful activity. Upon termination, your right to use the Platform will cease immediately.
10. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITFOCUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.ANY LOSS OF PROFITS, DATA, OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM. ANY UNAUTHORIsED ACCESS TO OR ALTERATION OF YOUR DATA.
12. INDEMNIFICATION
You agree to indemnify and hold FitFocus, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses arising from:Your violation of these Terms. Your use or misuse of the Platform. Any content you submit or share through the Platform.
13. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New South Wales.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to: Modify, update, or discontinue any part of the Platform without notice. Temporarily suspend access for maintenance or technical reasons. Limit access to certain features or restrict use at our sole discretion. We will not be liable for any interruptions or unavailability of the Platform.
15. DISPUTE RESOLUTION
15.1 Informal Negotiations
Before initiating formal dispute resolution, both parties agree to first attempt to resolve any dispute informally by contacting each other in good faith.
15.2 Binding Arbitration
If disputes cannot be resolved through informal negotiations, they shall be submitted to binding arbitration in New South Wales, Australia. The arbitration shall be conducted by a neutral arbitrator and in accordance with applicable arbitration rules.
16. ELECTRONIC COMMUNICATIONS
By using the Platform, you consent to receiving electronic communications from us. You agree that all notices, disclosures, and agreements provided electronically satisfy any legal requirements for written communication.
17. CONTACT INFORMATION
For any questions regarding these Terms, please contact us at: Email: support@fitfocus.io
By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service.
