ACCESS POLICY - ptEnhance Pty Limited

Who may lodge a grievance or complaint under this policy?

If you have provided us with personal information, or we have collected and hold your personal information, you have a right to make a complaint and have it investigated and dealt with under this policy.

What is a "privacy" complaint?

A privacy complaint relates to any concern that you may have regarding our privacy practices or our handling of your personal information. This could include matters such as:

• How your personal information is collected or stored;
• How your personal information is used or disclosed; and
• How access is provided to your personal information.

What do I do if I have a complaint about the privacy practices of ptEnhance?

If you have a complaint about our privacy practices or our handling of your personal information please contact our Privacy Officer. We try to resolve complaints at the local level if possible. All complaints will be logged on our database.

You may complain in writing to our Privacy Officer. Our contact details are:

ptEnhance Pty Ltd
32 Abernethy St.
Seaforth NSW 2092 AUSTRALIA

Email: privacy@ptEnhance.com

What will ptEnhance do upon receiving your complaint

All Complaints will be dealt with in accordance with our Complaints Resolution Policy.

Complaint Resolution Procedure

The goal of this policy is to achieve an effective resolution of a client complaint within a reasonable timeframe, usually 30 days or as soon as practicable. However, in some cases, particularly if the matter is complex, the resolution may take longer.

Once the complaint has been made, we will try to resolve the matter in a number of ways:

• Request for further information: We may request further information from you. You should be prepared to provide us with as much information as possible, including details of any relevant dates and documentation. This will enable us to investigate the complaint and determine an appropriate solution. All details provided will be kept confidential.
• Discuss options: We will discuss options for resolution with you and if you have suggestions about how the matter might be resolved you should raise these with our Privacy Officer.
• Investigation: Where necessary, the complaint will be investigated. We will try to do so within a reasonable time frame. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.
• Conduct of our employees: If your complaint involves the conduct of our employees we will raise the matter with the employee concerned and seek their comment and input in the resolution of the complaint.
• Conduct of your Personal Trainer: If your complaint involves the conduct of our employees we will raise the matter with the Personal Trainer concerned and seek their comment and input in the resolution of the complaint.
• Escalate internally: If your complaint is not able to be resolved at a local level it will be referred to our General Manager.
• The complaint is substantiated: If your complaint is found to be substantiated, you will be informed of this. We will then take appropriate agreed steps to resolve the complaint, address your concerns and prevent the problem from recurring.

If the complaint is not substantiated, or cannot be resolved to your satisfaction, but this Policy has been followed, the decision may be referred to an appropriate intermediary. For example, this may mean an appropriately qualified lawyer or an agreed third party, to act as a mediator.

At the conclusion of the complaint, if you are still not satisfied with the outcome you are free to take your complaint to the Office of the Federal Privacy Commissioner.

We will keep a record of your complaint and the outcome.

Anonymous complaints

We are unable to deal with anonymous complaints. This is because we are unable to investigate and follow-up such complaints. However, in the event that an anonymous complaint is received we will note the issues raised and, where appropriate, try and resolve them appropriately.

Changes to this Policy

ptEnhance reserves the right to review, and if necessary, change this Policy.

Our Commitment

ptEnhance Pty Limited (ACN 121 336 445) ("ptEnhance") is committed to providing you with the highest levels of professional service. This includes protecting your privacy. We understand the importance placed on the privacy of your personal information and we regard our members' privacy as one of our most important values. We want you to know how we protect member information and what choices you have about its use.

ptEnhance will take all reasonable steps to protect the privacy of the personal information that we collect and use. Our Privacy Policy sets out how we intend to do so. This policy applies to all clients who provide us with their personal information.

We have organised our policy into two parts:

1. We outline our `Principles of Privacy', our core commitment to protect your privacy.
2. We explain how we implement these principles in `Policy Implementation'.

• What is personal information;
• How we collect and use your personal information;
• Your right to access and, where necessary, correct the personal information that we hold about you;
• The security of your personal information;
• Exceptions to this policy;
• Your right to have your privacy complaints investigated and resolved;
• How to contact us;
• Changes to this Policy.

OUR PRINCIPLES OF PRIVACY

We are committed to protecting your personal privacy. Our Principles of Privacy summarise and clarify that commitment: how we safeguard your privacy, how we treat personal information, and what choices you have. We understand that for you to take full advantage of the benefits of this interactive medium, we must do everything we can to ensure that your privacy is secure. ptEnhance may use or disclose, and you consent to, use or disclose your information in circumstances which are explained in this Privacy Policy.

• We do not give out your telephone number, credit card information or Login ID, unless you authorise us to do so, for example, during an online purchase.
• We give you the opportunity to correct your personal contact and billing information at any time.
• We use secure technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information.
• We do not read your private online communications.

ptEnhance honours the confidentiality of its members' private communications, or any profile data you may create. ptEnhance does not read or disclose private communications except to comply with legislation, legal process such as a search warrant, subpoena or court order, to protect the company's rights and property, or during emergencies when we believe physical safety is at risk. If you write or post in member chat rooms and message boards ptEnhance may monitor such communications.

We do not read you private communications, and we do not keep records of these, except in the circumstances where other members may have notified ptEnhance if they discovered that you have included offensive, illegal or harmful material in the private communication. ptEnhance will consider wether an action needs to be taken and act accordingly. ptEnhance reserves the right to retain a record of the complaint and the material complained about.

POLICY IMPLEMENTATION

What is personal information?

The information falls into two categories:

Personal information is any information that can be used to identify you. Personal information that we collect and use may include your name, date of birth, current address, email address, telephone numbers.

Sensitive information is a special category of personal information and includes information about your health, race or ethnic origin, sexual preferences or personal history and your trainers assessment of you. We will not disclose your sensitive information without your consent unless there is a need to disclose such information in accordance with the Privacy Act 1988 (Cth).

How do we collect and use your personal information?

The information is collected directly from you and/or your trainer.

We will not use your personal information for any purpose that is not related to the service we provide to you or for any purpose for which you would not reasonably expect us to use your personal information.

We also collect and use other information for internal purposes. For example, we keep records in your account history of complaints, your contact with ptEnhance Member Services and any reported violations of our Terms of Service (TOS) that you may have committed. Finally, we sometimes use information about your geographical location to provide localised service. For example, we may use your postcode or the time zone you are in to make sure the information you see is personalised for you.

Access to and Correction of your personal information

We will take all reasonable steps to ensure that the personal information that we hold is accurate and up to date. If you feel that information about you is not accurate or your details have or are about to change, please inform us and we will correct or update your personal information.

You have a right to access and copy your personal information, subject to certain exceptions provided for in the Privacy Act 1988 (Cth). If you would like to access your personal information please follow the procedures set out in our Access Policy. Our Access Policy can be accessed on our website or by contacting our Privacy Officer. For security reasons, you will be required to put your request in writing and provide proof of your identity. If you are able to establish that personal information we hold about you is not accurate, complete or up to date we will take all reasonable steps to correct our records.

Security of your information

We will take all reasonable steps to secure your personal information. Electronic information is protected by various security measures and access to information and databases is restricted to staff of ptEnhance that need access to the information in order to perform their duties. All electronically captured job applicant and client data is passed through a secure site using encryption technology to ensure your personal information is protected if it is sent over the internet.

Exceptions to this Policy

We have three exceptions to these policies: We will release specific information about your account only to comply with legislation, legal process such as a search warrant, subpoena or court order, or in special cases such as a physical threat to you or others.

Complaints

We have a Grievance Policy for dealing with your privacy complaints. The purpose of the policy is to ensure that any person that has a complaint with the way their personal information is collected, used, disclosed, stored and administered may lodge a complaint under the Grievance Policy. All complaints will be treated seriously and dealt with promptly. The Grievance Policy is our way of ensuring your privacy concerns are raised and addressed promptly. Our Grievance Policy can be accessed below or by contacting our Privacy Officer.

How to contact us

If you would like more information on privacy or have any questions in relation to this policy please contact our Privacy Officer. We can be contacted by telephone, mail or facsimile as follows:

ptEnhance Pty Ltd
9 Paterson Road 
Springwood 
NSW 2777

AUSTRALIA
Email: privacy@ptEnhance.com

Changes to this Policy

We reserve the right to review, and if necessary, change this policy.

Terms of Service

These Registered User - Terms of Service apply only to registered users of:
ptEnhance Pty Limited (ACN 121 336 445) "ptEnhance".

Welcome to ptEnhance. The following terms constitute an agreement between you and ptEnhance. This agreement ("Registered User - Terms of Service") governs your use of ptEnhance which you access by signing in with a User Name and Password issued by us.

BY REGISTERING A USER NAME WITH AND USING ptEnhance, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.

Please review these terms carefully. You agree to transact with us electronically, you consent to the information practices disclosed in the ptEnhance Privacy Policy, you consent to resolve in the state of New South Wales, Australia, any dispute that you may have with us or ptEnhance. Please note that we offer the ptEnhance without warranties.

About the ptEnhance Network

The ptEnhance Network consists of ptEnhance Web Sites and Services and other content and offerings from the ptEnhance Networks affiliated providers (collectively, "the Services"), to which you gain access by registering your User Name as an ptEnhance user. Services and other affiliated providers may from time to time be added to the ptEnhance Network, so we encourage you to return to the Terms of Services often to review the latest list of offerings and affiliated providers participating on the ptEnhance Network. We are not responsible for the content or dealings that you may have with any third party if you use your User Name to access their Web sites and services. Your remedies are solely with the third party.

1. Change to these Terms of Service - These Terms of Service govern your relationship with us. We may change these Terms of Service at any time.
2. Registration - We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Login that will be identified with your account. You will also be able to select a password to access you're the service. Your Login and password are your credentials to give you access to the Services on the ptEnhance Network. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a User Name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any User Name that we determine in our discretion is unacceptable for use on the ptEnhance Network.
3. ptEnhance INFORMATION - The ptEnhance Privacy Policy (a copy of which is available to download from the ptEnhance web site) explains the information practices that apply to your ptEnhance information, as well as the choices you can make about the ways this information is used by ptEnhance and its affiliated providers. You consent to the transfer of this information to and within Australia or other countries for processing and storage by us. Additionally, you agree that we may use your User Name to authenticate you on any Service participating in the ptEnhance Network.
4. GRANT OF LICENCE - For the consideration hereinafter ptEnhance grants the User a non-exclusive non-transferable licence under copyright patents and other intellectual property rights of ptEnhance and/or its supplier of the Schedule 1 items from the date of this Agreement the right to the User access under the Terms of Use, a copy of which is available to download from the ptEnhance web site.
5. PROPRIETARY RIGHTS - ptEnhance, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on ptEnhance own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, ptEnhance own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on ptEnhance are our trademarks.
6. LICENSE TO USE ptEnhance - User may use Content offered for downloading, such as photos and video subject to the rules and instructions that accompany that particular Content. User may not use the Content in a manner that exceeds the rights granted for User use of the Content. User may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of ptEnhance or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. User may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
7. REGISTERED USERS - The Services require User to sign in with a login and password to use them. User use of the services as a registered user of the ptEnhance network will be subject to these Terms of Use, a copy of which is available to download from the ptEnhance web site.
8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES - The laws of the State of NSW and the Commonwealth of Australia shall apply to this Deed to the exclusion of any other laws and the parties agree to submit to the jurisdiction of the Courts of NSW in relation to this Deed.
9. TERMINATION - User right to use ptEnhance automatically terminates if User violates these Terms of Use or any rules or guidelines posted in connection with ptEnhance. ptEnhance also reserve the right, in our sole discretion, to terminate User access to all or part of ptEnhance, for any reason, with or without notice.
10. ENTIRE AGREEMENT - This contract and any supplemental terms, policies, rules and guidelines posted on the ptEnhance home page constitute the entire agreement between User and ptEnhance and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. ASSIGNMENT - ptEnhance may assign this contract at any time without notice to you. User may not assign this contract to any one else.
12. TRADEMARKS - All trademarks appearing on ptEnhance are the property of their respective owners.
13. TERM OF LICENCE - This Agreement is for an initial period of one (1) year from the date hereof and shall be automatically renewed until termination by the User.
14. RELATIONSHIP OF PARTIES - It is hereby acknowledged and agreed by the User that the User is not an agent, partner, servant or employee of ptEnhance and that neither the User nor any of his servants or agents shall have any right or authority to bind the Licensor in any respect or for any purpose and the User shall not indulge in any conduct which would deceive or mislead the public into believing that ptEnhance is in any way involved in the ownership of the business conducted by the User in the designated area.
15. WAIVER - The failure by ptEnhance to exercise any right hereunder or the waiving or condoning by ptEnhance of any delay or failure by the User to comply with any terms or conditions of this Agreement shall not affect the ability of ptEnhance to exercise such right or pursue its remedies hereunder in respect of such delay or failure as and when the Licensor sees fit.
16. SEVERANCE OF UNENFORCEABLE PROVISIONS -
    1. In the event of any covenant or other provisions of this Agreement being invalid, illegal, unlawful or otherwise being incapable of enforcement, all other covenants and provisions of this Agreement shall nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no covenant or other provision hereof shall be construed to be dependant upon any covenant or provision unless so expressed therein.
    2. In the event of any such provision being severed pursuant to this clause the parties shall endeavour to agree upon provisions in substitution therefore which are not legal and which substantially express the meaning of the severed provisions.
    3. This Agreement shall be construed subject to the Trade Practices Act 1974 (as amended) and any provision herein which constitutes either exclusive dealing or restraint of trade or commerce (within the meaning of the Act) which exclusive dealing or restraint has or is likely to have a significant effect on competition between the parties or between either of them and other persons shall (unless authorised in accordance with the provisions of the Act) be deemed to be severed from this Agreement and of no force and effect.
17. REVIEW OF FEES - ptEnhance may review the Licence Fee at any time.
18. USE OF SOFTWARE -
    1. ptEnhance may make software available for User to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to User with the software, then the following license, in addition to the other terms of these Terms of Use govern User use of such software. ptEnhance grant User a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by ptEnhance or our suppliers. User may not sell or redistribute the software. User may not incorporate it or any portion of it into another product. User may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). User may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. User agrees to abide by all laws and regulations in effect regarding User use of the software. User may not authorize or assist any third party to do any of the things prohibited in this paragraph.
    2. ptEnhance may automatically check User version of the software and update it to improve its performance and capabilities. If User shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
19. DISCLAIMER OF WARRANTIES - ptEnhance provide the services as is, with all faults and as available. ptEnhance and our suppliers make no express warranties or guarantees about Schedule 1 items.
    1. TO THE EXTENT PERMITTED BY LAW, ptEnhance AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT SCHEDULE 1 ITEMS AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH ptEnhance ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
    2. ptEnhance DO NOT GUARANTEE THAT SCHEDULE 1 ITEMS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.
    3. ptEnhance DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SCHEDULE 1 ITEMS, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS.
    4. ptEnhance DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SCHEDULE 1 ITEMS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A ptEnhance REPRESENTATIVE SHALL CREATE A WARRANTY.
    5. User may have additional consumer rights under User local laws that this contract cannot change.
20. LIMITATION OF LIABILITY
    1. YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY ptEnhance SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ptEnhance IS TO DISCONTINUE YOUR USE OF ptEnhance. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF ptEnhance EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID ptEnhance DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
    2. ptEnhance, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON ptEnhance. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ptEnhance KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
21. INDEMNIFICATION - Upon a request by ptEnhance, User agree to defend, indemnify, and hold harmless ptEnhance and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from User use or misuse of ptEnhance. ptEnhance reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event User will cooperate with ptEnhance in asserting any available defences.
22. INTERNATIONAL USE - ptEnhance make no representation that Content on ptEnhance is appropriate or available for use in locations outside Australia, and accessing it from territories where the Content is illegal is prohibited. If User choose to access ptEnhance from a location outside the Australia, User do so on User own initiative and User are responsible for compliance with local laws.