Terms and Conditions
The Terms and Conditions (“Terms”) below govern your use of our website at www.trainernextdoor.com.au (“Site”) and form a binding agreement between you, the user of the Site, and us Trainer Next Door.
Use of this Site
1.By using the Site you acknowledge that you have read the Terms and agree to be bound by them. You should contact us with any questions before you use the Site.
2. Trainer Next Door endeavours to match the requirements of customers (“Customers”) with products and services providers (“Businesses”) for the provision of products services. You acknowledge that Trainer Next Door is in no way directly involved in any transactions between Customers and Businesses and only provides this medium to facilitate the introduction of Customers and Businesses. Trainer Next Door in no way guarantees the services of Businesses nor does it provide any guarantees as to the authenticity and financial viability of Customers.
3. Acceptance of the Terms in no way forms a relationship of agency between you and Trainer Next Door.
4. Trainer Next Door may change the Terms at our discretion and without notice. By continuing to use the Site you accept the Terms as they apply from time to time.
No Advice
5. Material, links or any information (‘Content’) on the Site is not advice, is subject to periodic changes and may include inaccuracies and errors.
6. Trainer Next Door does not warrant the accuracy, completeness or adequacy of the Content. You should make your own enquiries before entering any transaction on the basis of the Content.
7. Trainer Next Door operates the Site making it available to Businesses to publish information without assuming a duty of care to Customers. Trainer Next Door does not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the Content.
8. Trainer Next Door provides the links or introductions to the Businesses as a convenience to Customers and the existence of a link or introduction to the Businesses does not imply any endorsement by Trainer Next Door of any Businesses.
Liability and Indemnity
9. Trainer Next Door accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Site or any of the Content.
10. Trainer Next Door shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of the Site, or reliance on the Content.
11. Trainer Next Door will under no circumstances be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Site or Content. This includes, but is not limited to the transmission of any computer virus or any other defects or errors.
12. Trainer Next Door does not accept responsibility in the event that the Site is unavailable to you due to any circumstance. You agree to indemnify, defend and hold harmless Trainer Next Door, its officers and employees, from any loss, liability, claim, demand, damage or expenses asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Site, or messages posted or transmitted by you on or through the Site.
13. Trainer Next Door reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
14. To the full extent permitted by law Trainer's Next Door liability for any implied warranty or condition is limited, at the choice of Trainer Next Door, to one or more of the following:
- If the breach of an implied warranty or condition relates to services then the supply of the services again or the payment of the cost of having the services supplied again.
- If the breach of an implied warranty or condition relates to products, then the replacement of the products or the supply of equivalent products or the repair of the products.
Use of Information Gathered
15. Trainer Next Door and/or people authorised by it, may gather and process the information:
- which you may provide when accessing the Site, such as your name, address, email address, telephone numbers and other personal information about you;
- and programmed during the accessing of the Site.
16. Trainer Next Door may use the information so acquired through clause 15 above to engage in direct marketing to you in any medium.
Content and Functionality of the Site
17. Trainer Next Door does not warrant the accuracy of Content on this Site. The Content is provided on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
18. Trainer Next Door may alter, suspend or discontinue the Site and/or its functionality and/or the Content at any time, with or without notice to users.
19. Trainer Next Door disclaims any and all warranties, express or implied, regardingthe accuracy, reliability, timeliness or otherwise of any Contentand of any linked Businesses and the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked Businesses.
20. Trainer Next Door does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or Content.
21. Trainer Next Door does not warrant, guarantee or make any representation that the Site, or the server that makes the site available on the WWW are free of software viruses.
22. Trainer Next Door is not liable to you for errors or omissions in the Site, or linked Businesses on the WWW, delays to, interruptions or cessation of the services provided in the Site, and defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of Trainer Next Door, its employees or independent contractors, or through any other cause.
23. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.
Termination of access
24. Trainer Next Door may terminate access to the Site at any time without notice and without giving any explanation or justification for the termination of access, and Trainer Next Door will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.