In these terms of use, “we” “us” and “our” refers to Seshme Pty Ltd ACN 621 234 526. These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website, mobile app and associated online channels (Website) and our fitness booking service (Service). By accessing and using the Website and Service, you acknowledge that you have read, understood and agree to be bound by these terms of use (Terms).

1. How our Website and Service work – for members
   • 1.1 The SeshMe Website provides a platform and payment system for members and trainers to book fitness sessions and share information about their fitness sessions.
   • 1.2 You can only attend a SeshMe fitness session if you are a registered SeshMe member and your spot in the session has been booked using the SeshMe platform.
   • 1.3 We don’t provide fitness sessions and we take no responsibility for the sessions that are booked or conducted. We’re not responsible for what happens at the fitness session. We don’t check the background of trainers. You should take all the same precautions that you usually take when booking a fitness session.
   • 1.4 The pre-ex screen questions offers an indication only about issues you should consider in deciding whether it is safe for you to exercise. It is your responsibility to consult your GP to assess whether it is safe for you to exercise. We don’t give health advice.
   • 1.5 When you create a profile on the Website and book a session, your profile (including the name and photo you select) and the time and location of the session you’ve booked will be visible to other Website users, including unregistered users. This is part of our sharing functionality.
   • 1.6 We collect your payment to the trainer as the trainer’s agent through the Seshme platform. You will pre-pay for your booked sessions through our payment system. We may take a pre-payment or pre-authorisation when you book the session, and then finalise the full payment once the session is completed and pass on the payment to the trainer (less our booking fee). Preauthorised funds will not be available to you.
   • 1.7 If the session is cancelled because the minimum number of 3 members and one trainer isn’t reached by 90 minutes before the scheduled start time, or if the trainer is a no-show, or if we cancel the session for any other reason, you’ll receive a refund to the card that you paid with.
   • 1.8 t’s your responsibility to make sure your payment details are up to date. If we incur any costs because your payment details aren’t up to date, we can charge these costs to you.
   • 1.9 Sessions will go ahead in poor weather conditions.
   • 1.10 The trainer assigned to your session may change without notice. A change of trainer doesn’t affect your cancellation rights for the session.
   • 1.11 Booking one spot is for one person only and is non-transferable. If you are not the member who booked, you also can’t cancel the member’s booking.
   • 1.12 If you create or join a session any other SeshMe member is entitled to join the session.
   • 1.13 We reserve the right to change the price of sessions from time to time. You should check the price when you make the booking.
   • 1.14 You must not offer cash to the trainer for a session under any circumstances. You must use the payment gateway offered within the SeshMe app.
   • 1.15 You may only create one account per person.
2. How our Website and Service work – for trainers
   • 2.1 The SeshMe Website provides a platform and payment system for members and trainers to book fitness sessions and share information about their fitness sessions.
   • 2.2 Conducting the fitness session is your responsibility. You should only offer fitness sessions that you’re qualified to provide. We’re not responsible for what happens at the fitness session. We don’t check the background of members. You should take all the same precautions that you usually take when setting up a fitness session.
   • 2.3 You are responsible for your own tax arrangements (including GST), certifications, insurance and business arrangements including ensuring that you have all necessary local council permissions to conduct your fitness session.
   • 2.4 You are responsible for checking and abiding by venue and/or local council requirements, including council regulations in regards to group numbers, hours of operation, noise and equipment that is allowed to be used in each location. You are responsible for any fees payable for the use of the location where you conduct the session.
   • 2.5 It’s your responsibility to maintain current CPR and first aid training.
   • 2.6 We collect payment from members as your agent through our payment gateway. We will then transfer the payment to you after deducting our booking fee. It’s your responsibility to make sure your payment details are up to date. If we incur any costs because your payment details aren’t up to date, we can charge these costs to you.
   • 2.7 We can cancel a session at any time and will attempt to notify you promptly via the Website if we do so.
   • 2.8 A session that does not reach the minimum requirement of 3 members and a trainer at 90 minutes before the session is due to start will be automatically cancelled.
   • 2.9 You will not receive payment for any session that has been cancelled.
   • 2.10 Sessions will go ahead in poor weather conditions.
   • 2.11 You must not receive cash payments from members under any circumstance for a fitness session booked through our Website. All payments from members must be made through our payment system.
   • 2.12 All members that attend a session must have made a booking through their SeshMe account.
   • 2.13 If you are running a SeshMe session this must be an exclusive session for SeshMe members only.
   • 2.14 You cannot use the SeshMe platform to invite members to a fitness session conducted outside of the SeshMe platform. All business between you and any SeshMe member must be conducted within the SeshMe platform.
   • 2.15 You cannot advertise your own brand before, after or during a SeshMe session to SeshMe members.
   • 2.16 SeshMe reserves the right to suspend or delete your account at any time.
   • 2.17 If you have booked a session and it is confirmed, it is your responsibility to attend that session. If you do not show up to a confirmed session for which you are booked, SeshMe reserves the right to suspend or delete your account. You may be liable for costs associated for not attending a session that you were confirmed to attend.
   • 2.18 SeshMe reserves the right to change the booking fee deducted from your payment from time to time. You should check this when you set up a session in the SeshMe platform. The total payment for each session is subject to change based on members booking and cancelling the session.
   • 2.19 You must maintain current public liability insurance adequate to cover your business risk.
   • 2.20 You may only create one account per person.
   • 2.21 When you create a profile on the Website and book a session, your profile (including the name and photo you select) and the time and location of the session you’ve booked will be visible to other Website users, including unregistered users. This is part of our sharing functionality.
3. Use of the Website
   • 3.1 You must use the Website in accordance with these Terms. By using the Website you warrant that you are over 17 and legally capable of entering into a binding contract.
   • 3.2 You are solely responsible and liable for all activity and communication on the Website initiated by you or via your registered account login (your Account).
   • 3.3 You must not use the Website for any unlawful purpose, to engage in any offensive, harassing or discriminatory conduct or to infringe a third party’s intellectual property rights, or interfere with the Website’s operation or security.
   • 3.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
   • 3.5 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
   • 3.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
   • 3.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account. This includes where you have posted any offensive information in your profile, reviews or feedback. We can also delete your information from the Website in our discretion including where it is offensive, unlawful, harassing or discriminatory.
   • 3.8 We may change the Website from time to time in our discretion.
4. Information on the Website and our Service
   • 4.1 While we use reasonable efforts to ensure the accuracy and completeness of the information included on the Website, you should use your own judgment and make your own enquiries about the suitability of the information for your purposes.
   • 4.2 The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
5. Privacy and personal information
   • 5.1 Personal information that you provide to us is treated in accordance with our Privacy Policy
6. Liability
   • 6.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.
   • 6.2 To the extent permitted by law and except as set out in this clause, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of our Website and Service. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
   • 6.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website and Service are provided "as is" and that we do not make any warranty or representation as to the suitability of the Website and Service for any purpose.
   • 6.4 Our products and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the product or service. For a minor failure, we may choose to provide you with a refund or re-supply the product or service.
   • 6.5 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
   • 6.6 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
   • 6.7 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to these Terms in contract, negligence or otherwise.
   • 6.8 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.
7. Intellectual property
   • 7.1 The contents of the Website incorporate our intellectual property and you must not copy or reproduce them.
   • 7.2 Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.
   • 7.3 If you provide any content to the Website, such as profile information, feedback, reviews or other information, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sublicense that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party.
8. General
   • 8.1 A recipient of a taxable supply made under this agreement must pay to the supplier, in addition to the consideration for the taxable supply, any GST paid or payable by the supplier in respect of the taxable supply, on presentation of a valid tax invoice.
   • 8.2 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. You hereby agree to submit to the nonexclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
   • 8.3 These Terms may be updated from time to time. You should check the Website for any changes. Changes are effective as soon as they are updated on the Website. By continuing to use our Website and Service, you acknowledge that you have accepted the change.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. We may update our privacy policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new privacy policy on this page. These changes are effective immediately after they are posted on this page.