Terms of Service

About the Website

Welcome to www.pinnacleshealth.com.au (Website). The Website is A marketing website providing information about Pinnacles Gym and Pinnacles Health Technologies Pty Ltd. This marketing website provides an oversight of what Pinnacles Gym is, planned updates and road mapping, optional contact form for enquiries or feedback and entry to sign up, sign in, start a trial or enter as a beta user for Pinnacles Gym application. (Services).

The Website is operated by Pinnacles Health Technologies Pty Ltd (ACN 700 839 523). Access to and use of the Website, or any of its associated Products or Services, is provided by Pinnacles Health Technologies Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, 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 Website, or any of its Services, immediately.

We may update these Terms from time to time. Any updated Terms will be published on the Website with the date of the latest update.

Changes that are administrative, corrective or do not materially affect your rights may take effect when published.

For material changes that may adversely affect your rights or obligations, we will use reasonable efforts to provide at least 14 days' notice through the Website or by email where you have provided us with an email address.

Your continued use of the Website after updated Terms take effect constitutes acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Website.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pinnacles Health Technologies Pty Lt in the user interface.

Acceptable Use of the Websites

No registration or account is required to access or browse the Website. All visitors may access the Website freely, subject to these Terms.

By accessing or using the Website, you agree to comply with the following:

you will use the Website only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Pinnacles Health Technologies Pty Ltd;

you will not use the Website for any illegal and/or unauthorised purpose, which includes collecting email addresses or other personal information of visitors by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice. Appropriate legal action will be taken by Pinnacles Health Technologies Pty Ltd for any illegal or unauthorised use of the Website; and;

you acknowledge and agree that any automated use of the Website or its content is strictly prohibited.

You may not access or use the Website if 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 Website.

Contact Form

The Website provides an optional contact form that visitors may use to submit enquiries or feedback to Pinnacles Health Technologies Pty Ltd. Use of the contact form is entirely voluntary and is not required to access or browse the Website.

Where you choose to submit information via the contact form, you may be required to provide limited personal information, including your name and email address, solely for the purpose of responding to your enquiry.

You warrant that any information you provide via the contact form will be accurate, correct and up to date at the time of submission.

Any personal information collected through the contact form is handled in accordance with Pinnacles Health Technologies Pty Ltd's Privacy Policy, which is available on the Website, and in compliance with the Privacy Act 1988 (Cth).

You should not submit sensitive information, including health, medical or biometric information, through the contact form unless it is reasonably necessary for your enquiry. If you voluntarily provide sensitive information, you consent to our collection and handling of that information for the purpose of responding to your enquiry and as otherwise described in our Privacy Policy.

The contact form is not intended for urgent communications or for obtaining medical, health or emergency advice.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Pinnacles Health Technologies Pty Lt are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Pinnacles Health Technologies Pty Lt or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Pinnacles Health Technologies Pty Lt, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.

Pinnacles Health Technologies Pty Lt does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Pinnacles Health Technologies Pty Lt.

Pinnacles Health Technologies Pty Lt retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a 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).

You may not, without the prior written permission of Pinnacles Health Technologies Pty Lt and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, 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 Website, which are freely available for re-use or are in the public domain.

You agree to indemnify and hold harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

Privacy

Pinnacles Health Technologies Pty Lt takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Pinnacles Health Technologies Pty Lt's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the 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.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Pinnacles Health Technologies Pty Lt will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), 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.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Pinnacles Health Technologies Pty Lt make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Pinnacles Health Technologies Pty Lt) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

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;

the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, the Services or any of the products of Pinnacles Health Technologies Pty Lt; and the Services or operation in respect to links which are provided for your convenience.

Pinnacles Health Technologies Pty Ltd is not liable for a failure or delay in making the Website available to the extent caused by an event beyond its reasonable control, including a natural disaster, pandemic, cyberattack, government action or infrastructure failure.

Nothing in this clause reduces Pinnacles Health Technologies Pty Ltd's obligation to take reasonable steps to protect personal information it holds. If an eligible data breach occurs, Pinnacles Health Technologies Pty Ltd will comply with its obligations under the Privacy Act 1988 (Cth), including the Notifiable Data Breaches scheme where applicable

Limitation of liability

Pinnacles Health Technologies Pty Lt'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 resupply of the Services to you.

You expressly understand and agree that Pinnacles Health Technologies Pty Lt, its 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.

Notwithstanding any other provision of these Terms, nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) that cannot be excluded by law. To the extent permitted by law, Pinnacles Health Technologies Pty Lt's liability for a breach of any such non-excludable guarantee is limited to the resupply of the Services, and the liability exclusions in clauses 8.a and 8.b do not apply to any loss arising from unauthorised access to your personal health information caused by Pinnacles Health Technologies Pty Lt's failure to implement reasonable security measures, nor to any claim for personal injury or death.

Competitors

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 Pinnacles Health Technologies Pty Ltd (Competitor). Competitors are not permitted to use or access any information or content on the Website. If you breach this provision, Pinnacles Health Technologies Pty Ltd 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.

Without limiting the foregoing, Competitors are expressly prohibited from:

copying, reproducing, or otherwise using any content published on the Website, including but not limited to text descriptions, feature overviews, product roadmaps, planned updates, design elements, colour schemes, layouts, graphics, logos, screenshots, or any visual representation of the Pinnacles Gym application, for the purpose of developing, marketing, or improving a competing or similar product or service;

Without limiting the foregoing, competitors are expressly prohibited from extracting, aggregating, or analysing any user data, biometric information, usage patterns, or health-tech insights for competitive purposes, and from reverse-engineering, decompiling, or otherwise attempting to derive any algorithms, methodologies, or proprietary systems from our Application. Any breach of this provision will result in immediate account termination, and Pinnacles Health Technologies Pty Lt reserves the right to seek injunctive relief, damages, and any other remedies available at law or in equity. Pinnacles Health Technologies Pty Lt further reserves the right to monitor Application access and usage to detect and prevent competitive misuse.

using any information disclosed on the Website regarding the functionality, features, user interface, or technical architecture of the Pinnacles Gym application to inform the design, development, or positioning of a competing product or service;

extracting, aggregating, or analysing any content, data, or insights published on the Website for competitive intelligence purposes, including through automated scraping, crawling, or any other electronic means; and using any beta user materials, trial information, or early access content accessible via the Website to replicate, reverse-engineer, or otherwise derive any proprietary methodology, system, or product concept belonging to Pinnacles Health Technologies Pty Ltd.

Any breach of this clause will entitle Pinnacles Health Technologies Pty Ltd to seek injunctive relief, damages, an account of profits, and any other remedies available at law or in equity.

Pinnacles Health Technologies Pty Ltd further reserves the right to monitor Website access and usage to detect and prevent competitive misuse.

Suspension or Withdrawal of Website Access

Suspension or Withdrawal of Website Access by Pinnacles Health Technologies Pty Ltd We may suspend, withdraw, restrict or change all or part of the Website at any time, including where reasonably necessary for security, maintenance, technical reasons or to prevent misuse of the Website.

To the extent permitted by law, we are not liable for any temporary unavailability of the Website.

This clause does not affect any rights that cannot be excluded under the Australian Consumer Law

Indemnity

To the extent permitted by law, you indemnify Pinnacles Health Technologies Pty Ltd and its officers, employees and agents against losses, liabilities, claims, damages, costs and expenses, including reasonable legal costs, arising from:

your material breach of these Terms;

your unlawful use of the Website;

content or information you submit through the Website that infringes a third party's intellectual property, privacy or other legal rights; or your fraud, negligence or wilful misconduct, except to the extent that the loss, liability, claim, damage, cost or expense is caused or contributed to by Pinnacles Health Technologies Pty Ltd's negligence, breach of these Terms or breach of applicable law.

Your liability under this clause is limited to losses that are reasonably foreseeable and directly caused by the matters in clause 11.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, 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).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, 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.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association or Resolution Institute;
• 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;
• The mediation will be held in Brisbane, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Pinnacles Health Technologies Pty Lt is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Governing Law

The Terms are governed by the laws of Queensland, 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 Queensland, 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.

Severance

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 force.