GetSweaty Terms of Use

1. About these terms

These terms apply to getsweaty.com, all its current and future subdomains, our emails and any other online service we provide. With all their content and features, now or later, these are the Services.

They’re an agreement between you and GetSweaty Pty Ltd (ACN 692 477 393) (“we”, “us”, “our”). “You” means the person using the Services and any organisation they act for.

By using the Services, with or without an account, you agree to these terms. They replace any earlier terms once they apply to you. Extra terms you accept for parts of the Services, and any separate written agreement with us, prevail if they conflict.

2. Our role

The Services help people and organisations connect, find and offer work and other opportunities, and make and manage agreements. Equity means shares, options and any other interest in a company, or a right to get one.

Unless we expressly agree otherwise, we:

• aren’t a party to dealings between users, except where we’re one of them
• aren’t anyone’s employer, recruiter, agent or trustee
• don’t hold, receive or transfer money or equity for anyone.

We don’t hold an Australian financial services licence and aren’t a broker or crowd-sourced funding intermediary. Nothing we provide is intended as financial, legal, tax or other professional advice. Unless we say otherwise, how we order, rank or label anything, or who can access a feature, isn’t a recommendation, endorsement or paid placement.

3. Eligibility and accounts

You must be at least 18 to create an account. Keep your details accurate and your login secure, don’t share your account, and tell us promptly about any misuse. You’re responsible for activity on your account that you authorise, or that happens because you didn’t take reasonable care.

If you act for an organisation, you confirm you’re authorised to bind it to these terms and to what you do for it. You aren’t personally liable for its obligations, unless it isn’t a legal entity.

4. Your content

You keep your rights in content you submit to the Services (your content). You’re responsible for it and must have the right to share it.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt, display and share your content. We and our service providers may use it to provide, protect and improve the Services, consistently with how you shared it. Unless an organisation asks us not to, we may also use its name and logo in our marketing. You consent to these uses even if they would otherwise infringe your moral rights.

The licence ends when your content is deleted, except for backups, records we need to keep and copies others already have. We may share activity statistics, which may identify a person or organisation but won’t reveal private content.

5. Acceptable use

Don’t do, or help anyone do, any of these:

• break the law, or infringe anyone’s intellectual property, privacy, confidentiality or other rights
• share false, misleading, hateful, defamatory, sexually explicit or otherwise harmful content, including fake reviews
• harass, threaten, exploit, defraud, impersonate or unlawfully discriminate against anyone
• misuse anyone’s personal or confidential information, or send spam
• scrape the Services, or use their data to train artificial intelligence, without our permission
• interfere with the Services, or bypass their security, limits or our decisions.

We may hide, replace or remove content, including private content, that we reasonably believe breaches these terms or the law, or could cause harm. Automated tools may act before anyone reviews it, and can make mistakes. You can report content, and ask us to reconsider a decision.

6. Other users

We don’t vouch for any user, content or opportunity, or promise that anyone will pay or keep other commitments. Don’t assume we’ve verified anything unless we clearly say so.

Badges and similar signals only summarise information against set criteria, or show that someone passed a check at a particular time. Reviews are users’ opinions.

If we help resolve a dispute between users, our views don’t bind anyone.

7. Work, equity and investment

If you offer work of any kind, you must comply with the law, including:

• classifying each relationship correctly, based on how the work is really done
• meeting minimum pay, superannuation, workplace safety, anti-discrimination, right-to-work and tax obligations.

Equity, experience or other rewards don’t replace pay the law requires. Unpaid work for a business is lawful only in limited cases, such as a placement required by a course.

If you offer equity or seek investment, you must comply with securities, fundraising, employee share scheme, corporate and tax laws. These can limit who you make offers to, how you contact people and what you publish. Don’t use the Services for offers that need a licensed intermediary.

Profiles and listings aren’t a prospectus or other disclosure document. Whoever offers equity makes the offer themselves, in their own documents, and is responsible for them. Keep company information you publish accurate and current, with reasonable grounds for any forecast.

Equity in early-stage companies is high risk. It can be diluted, may never vest or be issued, may be hard to sell and can become worthless. Get independent advice before you invest, accept equity or sign anything.

8. Documents, signing and records

Our templates are general and may not suit your circumstances. Generated documents can include details the Services fill in or calculate. Our checks, calculations and other tools can make mistakes and don’t confirm that anything is accurate, lawful or tax-effective. Check everything before you rely on it.

Where the law allows, you agree that you and other users can sign, accept and give documents and notices electronically, including by clicking. This identifies you and shows your intention to be bound by them.

A company may keep its registers and send statements or notices through the Services. Recording something there doesn’t, by itself, issue or transfer equity or make a filing. Each company remains responsible for its equity, registers and filings.

9. Fees

We’ll show you the price and any renewal terms before charging you. We’ll give at least 30 days’ notice of a price increase, and refund any unused prepaid amount if you cancel before it applies. We’ll also refund that amount if we stop or significantly reduce a paid feature, or close your account, less any loss your breach caused us.

10. Our intellectual property

Apart from users’ content, we and our licensors own the Services, including their software, design, text and branding. You may keep and use documents you create or sign through the Services. We may freely use any feedback you give us.

11. Privacy, monitoring and communications

Our Privacy Policy explains how we handle personal information.

You agree that we and our service providers may monitor, record and analyse use of the Services. This includes on-screen activity, private messages and anything you type, even if you don’t send or save it. We do this, including with automated tools, to operate, secure, moderate and improve the Services and comply with the law. We won’t publish private content or use it to promote the Services.

You agree that we and other users can give you notices, documents and records electronically, such as by email or in the Services. Where the law allows, this includes anything it requires in writing. A notice counts as received when it reaches your email address, or your account while you can access it, even if unread. You can unsubscribe from marketing at any time, but not from essential messages such as security notices.

12. Changes to the Services

We may add, change, suspend or remove any part of the Services. Where reasonably possible, we’ll give notice of changes that significantly affect you.

Before stopping the Services or any part used for agreements or records, we’ll give at least 30 days’ notice and a chance to download your documents. We’ll do so unless the law, security risks or events beyond our reasonable control prevent it.

13. Suspension and closure

You can stop using the Services at any time, or ask us to close your account.

We may restrict or suspend your access, or close your account, if:

• you seriously or repeatedly breach these terms
• we reasonably believe it’s needed to protect anyone from harm, fraud or unlawful conduct, or
• the law requires it.

We’ll act in proportion to the problem. Where reasonable, we’ll tell you first, explain why and give you a chance to respond or fix it. Unless the law prevents it, you’ll still receive notices and documents for agreements in progress.

After closure, agreements between users continue, and so do parts of these terms meant to continue. Where reasonably possible, you can download your documents first. Shared documents may stay available to others, and we may keep information as our Privacy Policy explains.

14. Limits on our liability

Subject to your consumer rights (clause 16), and as far as the law allows:

• we provide the Services as they are, without promising they’ll always be available, secure or error-free, or that you’ll get any particular result
• we’re not responsible for services others provide to you under their own terms
• we’re not liable for loss caused by anyone not acting for us, or by events beyond our reasonable control, except to the extent we contributed
• we’re not liable for loss that wasn’t reasonably foreseeable, or for lost profits, revenue or goodwill
• our total liability to you is limited to the greater of A$100 and what you paid us in the 12 months before your claim.

These limits don’t apply to our fraud or deliberate wrongdoing, or to death or personal injury we cause.

15. Claims caused by you

Someone else may claim against us because you breached these terms, the law or an agreement with another user. If so, you must pay what we reasonably pay them and our reasonable costs, including legal costs. This reduces to the extent we, or people acting for us, contributed. We’ll tell you promptly, consult you before settling, and take reasonable steps to limit the loss.

16. Your consumer rights

The Australian Consumer Law and other laws may give you rights that can’t be excluded, such as consumer guarantees. Nothing in these terms excludes, restricts or modifies those rights, except as the next paragraph allows. Every other clause is subject to this one.

Some parts of the Services may not be of a kind ordinarily acquired for personal, domestic or household use. For those, if fair and reasonable, our liability for failing to meet a consumer guarantee is limited, as far as the law allows, to resupplying them or paying for resupply.

17. Changes to these terms

We may update these terms to make them clearer, to respond to security or safety risks, or to reflect changes to the Services, how we provide them or the law. We’ll publish each update with a new “Last updated” date.

If a change is likely to disadvantage you, we’ll tell you at least 30 days before it applies, by email if you have an account. Urgent legal, security or safety changes may apply sooner, with as much notice as we reasonably can. Other changes apply when published.

If you keep using the Services after a change applies to you, you accept it. If you don’t like a change, you can ask us to close your account at no cost before it applies to you, or within 30 days after we tell you about it if that’s later. We’ll refund any unused prepaid amount. Changes don’t alter documents you’ve already signed, or affect earlier disputes.

18. Disputes and governing law

The law of New South Wales, Australia, governs these terms. Courts and tribunals in New South Wales, or elsewhere with jurisdiction, can hear disputes.

If you use the Services from outside Australia, you must also comply with your local laws. Any mandatory rights they give you still apply.

19. General

“Including” and “such as” give examples, not limits. If part of these terms is unenforceable, the rest still applies.

You need our consent, which we won’t unreasonably refuse, to transfer your account or these terms. We may transfer these terms to anyone taking over all or part of our business. We’ll tell you, and your rights won’t be reduced.

20. Contact us

• General enquiries and support: hello@getsweaty.com
• Legal notices: legal@getsweaty.com (postal address on request)
• Privacy: privacy@getsweaty.com