The material on the Fitness Australia Ltd ABN 41 131 422 403 ('Fitness Australia') Website, under the domain name 'fitness.org.au' (collectively 'Website') resides on a server in the state of New South Wales, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

1. Anti-spam notice

Publication of electronic addresses on Fitness Australia's Website is for the purpose of professional communication only and must not be used to infer consent by Fitness Australia or the relevant addresses, to the receipt of unsolicited commercial electronic messages.

2. Content on this Website

Material or information ('Content') on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Fitness Australia does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.

3. External links and advertisements

This Website contains links to websites maintained by other organisations over which Fitness Australia has no control. Fitness Australia does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

Fitness Australia makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is Fitness Australia responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.

4. Limitation of liability

Fitness Australia (i) makes no warranties or representations about this Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. Fitness Australia excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by Fitness Australia in relation to the use of this website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).

Under no circumstances will Fitness Australia be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

Fitness Australia 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, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

5. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Fitness Australia Ltd (ABN 41 131 422 403). All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

For further information about copyright in Fitness Australia content contact the Legal Business Unit.

Fitness Australia grants you permission to do the following with the content unless otherwise indicated:

  • store a reproduction of the content on your local computer for the sole purpose of viewing it
  • print hard copies of the content for non-commercial use or personal use only
  • reproduce or distribute any complete page of the content so long as
    • you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
    • you do not modify the copy from how it appears on the Website (unless expressly authorised by Fitness Australia)
    • you adhere to the Permitted Use Statement for Standards, Guidelines and Resources available on this website, where applicable, and
    • the content is appropriately attributed to Fitness Australia

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of Fitness Australia.

6. Copyright in other material

Fitness Australia makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

Fitness Australia is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.

7. Trademarks

Trademarks including but not limited to the words 'Fitness Australia', unless otherwise indicated, are owned by Fitness Australia in Australia and may be the subject of rights in other countries. You must not use Fitness Australia's trademarks except: (i) by saving or printing out a copy of Fitness Australia's website as permitted by the copyright notice above; (ii) as permitted by written agreement from Fitness Australia.

This Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

8. Indemnification

You agree to indemnify, defend and hold harmless Fitness Australia, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. Fitness Australia reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

9. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

10. Variation of terms of use

Fitness Australia reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

11. Website unavailability

Fitness Australia does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Fitness Australia.

12. Password requirement

Fitness Australia members may obtain a password by logging into the Fitness Australia Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. Fitness Australia may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

13. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

14. Registration

Whether you are a member of Fitness Australia or a non-member, you need to register in order to purchase products and services from this Website, enrol into courses or enter competitions. Members may be entitled to receive discounts when purchasing and / or registering for products and services from this Website. Access to some areas of this Website may also be restricted to members only and / or CEC approved program providers. Find out more about becoming a member of Fitness Australia and the benefits available to members.

Exercise Professional Registration

  1. Registration fees are non-refundable.
  2. Payment is debited once application has been submitted.
  3. Please allow one week for processing applications.
  4. A tax receipt will be issued by Fitness Australia Limited, (ABN: 51 131 422 403), on receipt of payment.

Fitness Business Registration

  1. As a Business Member with Fitness Australia you agree to comply with, support, promote and be bound by your states Fitness Industry Code of Practice.
  2. Registration is activated when we receive from you a completed application form and payment. A tax invoice will be issued upon receipt of payment.
  3. Registration is for one year commencing on the date your application is accepted and is renewable on the anniversary of the date for a subsequent year.
  4. All registration fees must be paid annually in advance.
  5. An invoice will be sent to you before your registration renewal date which is payable prior to renewal date.
  6. Registration may be suspended or terminated if your payment is not received by the renewal date.
  7. There is no refund of any membership fees should you cancel your registration at any stage during your registration year. 
  8. Changes to registration fees will only be made at the time of annual renewal of your registration.
  9. Registration is not transferable.
  10. You must notify us of changes to your contact details in writing (by letter, fax or email) otherwise we may not be able to make our services available to you.
  11. We reserve the right to change, from time to time, the services available to members.

    Advisory Services 
     
  12. Any verbal advice provided by our advisers (via one of our hotlines or otherwise): is given in good faith; is given on the basis that you haveaccurately disclosed all relevant facts to us; and relates only to the facts which you have disclosed to us and your individual circumstances.
  13. Verbal advice may not represent the only or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your objectives, financial situation or need before acting on it as we may not be able to take them fully into account during a brief telephone conversation or initial meeting.

    Business Registration Disclaimer
  14. In relation to the provision of membership services: we exclude all implied conditions and warranties except those the exclusion of which would contravene any statute or cause anypart of these terms and conditions to be void; to the fullest extent permitted by law, we will not be liable for any loss or damage (whether foreseeable or not) suffered by any person acting on our advice, whether the loss or damage arises in connection with our negligence, default or lack of care, any misrepresentation or any other cause; and our liability is limited to providing you with the services again.

15. Registration for Events

If you have registered but fail to attend an event, you will be liable for payment unless cancellation is made in writing, in accordance with Fitness Australia's Cancellation Policy advertised for individual events. You can check the Cancellation Policy for individual events at registration.

Offline registrations: Offline registrations are made by fax or mail and all efforts will be made to process offline registrations within two (2) working days of receipt. For fax or mail registrations, please contact us.

Online registrations: If you encounter difficulties with online registrations, please contact us.

16. Payment

Your payment must accompany any registration for events or orders to purchase products.

16.1 Payment terms

A Tax Invoice will be issued once processing has been completed. Any dispute regarding the invoice must be notified to Fitness Australia within two (2) business days of receipt of invoice. No product or service shall be delivered to you without payment being received by Fitness Australia.

16.2 Payment types

The following credit cards are accepted:

  • Visa
  • Mastercard

Online transactions: Fill in your details and Fitness Australia will charge the transaction to your account.

Offline transactions: Print off the offline payment form and send the transaction by:

  • Mail - send the completed form with payment (with your credit card details OR cheque OR Australian money order) to Member Administration.
  • Fax - fax the completed form with payment (credit card details - cheque and Australian money orders cannot be processed via fax) to Member Administration.

17. Prices

Prices are correct at the time they appear on this Website. However, Fitness Australia reserves the right to change prices at any time.

The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.

In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.

The GST exclusive price is only available to customers who:

  • are non residents
  • are outside Australia at the time they receive the supply of the e-learning course and any other materials
  • agree to the declaration referred to previously

18. Refund Policy

It is important to Fitness Australia that all clients understand their rights and obligations in relation to refunds.

  • Fitness Australia Exercise Professional & Business Registration is a non-refundable fee.
  • Should you believe that your circumstances for a refund requires special consideration, please make an application in writing to the Manager, Industry  Services via email to registration@fitness.org.au, fax to 1300 734 613 or via mail to PO Box 6453, Alexandria 2015.
  • Should a refund be approved you will be notified by return email within 10 working days and asked to return all original documents received to the following address before the refund will be processed:

Fitness Australia Limited

Attn: Manager, Industry Services
PO Box 6453
ALEXANDRIA NSW 2015

  • Should a refund be granted a $55.00 (inc GST) Administration Fee will apply.

NOTE: If your refund request is approved you will be required to send in your original registration documents before your refund can be processed.

19. Participation in competitions

All competitions that you may enter on this Website are governed by the relevant Sate legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.

20. Privacy Policy

In addition to those provisions under the Fitness Australia Privacy Policy, Fitness Australia will disclose relevant personal information collected about you when you place this order to the third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order to the Fitness Australia customer. The third party supplier will retain such relevant information as is necessary for the purposes of a warranty claim. Upon expiry of such a time, the information will be returned to Fitness Australia and managed in accordance with the Fitness Australia Privacy Policy, described herein.

  

AusREPs Terms & Conditions

1. Application of these terms

  • 1.1 By applying to be registered on the Australian Register of Exercise Professionals (Register), you accept these terms and conditions as amended from time to time, and agree to be bound by them.
  • 1.2 We have the right to approve or deny your application, and your right to be Registered under this Agreement is at our discretion.
  • 1.3 If you apply to be registered, and we approve your application, an agreement will be formed between us and you on these terms and conditions (Agreement). This will entitle you to be on the Register and to such other benefits provided by this Agreement.
  • 1.4 These terms and conditions are the only terms and conditions upon which we are prepared to enter you on the Register, and will govern your registration on the Register to the exclusion of all other terms and conditions.
  • 1.5 If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
  • 1.6 This Agreement does not create a relationship of employment, agency or partnership between the parties.
  • 1.7 We may subcontract the performance of the whole or any part of our obligations under this Agreement
  • 1.8 This Agreement is governed by the laws, and the parties submit to the non- exclusive jurisdiction, of the courts of New South Wales, Australia.

2. AusREPs Registration Process

  • 2.1 We will determine whether you are eligible to be registered in accordance with this Agreement.
  • 2.2 We may give or withhold registration in our absolute discretion. If we withhold registration we will give you reasons for that decision.
  • 2.3 If we accept your application to be registered on the Register, we will notify you of:
    • (a) our acceptance and your registration on the Register (Registration)
    • (b) the period of your Registration (Registration Period).
  • 2.4 You must maintain your Registration throughout the entire Registration Period.

3. Audit Procedure

  • 3.1 We may, and you allow us to, carry out an audit of your Records to confirm that the activities undertaken by you meet your Registration requirements at any time during the Registration Period.
  • 3.2 Without in any way limiting clause 1, we may audit your Records where:
    • (a) there have been material and relevant changes to industry standards or any other criteria communicated by us from time to time;
    • (b) when we receive a complaint about you;
    • (c) when you notify us of any changes to your Registration in accordance with clause 1; or
    • (d) when you apply to renew your Registration.
  • 3.3 You will provide us with all necessary assistance and any means of access which we (or our authorised Personnel) require to enable us to carry out a proper audit of your Records. In particular, you will:
    • (a) provide to us all material that is relevant to the audit within the timeframe requested; and
    • (b) authorise us (or our authorised Personnel) to enter and remain on your premises during business opening hours to conduct an inspection to ascertain whether a breach of this Agreement has occurred or is occurring.
  • 3.4 If our audit discloses that you fail to comply with Registration requirements, we may do any one or more of the following:
    • (a) give you a reasonable period of time to meet the outstanding requirements and our notice will stipulate the date by which you must satisfy those requirements;
    • (b) by notice in writing to you, suspend, withdraw or cancel your Registration;
    • (c) require you to, and you must, pay our costs of conducting the audi
  • 3.5 If you do not meet the outstanding requirements set out in our notice by the stipulated date under clause 4(a), we may by notice in writing to you suspend, withdraw or cancel your Registration.

4. Our obligations

  • 4.1 In consideration for you carrying out your obligations under this Agreement we will provide you with the following services while you are on the Register:
    • (a) publish on the Register your professional qualifications, contact details or any other relevant information;
    • (b) update information on the Register if requested by you in writing and approved by us;
    • (c) enable you to access and use our AusREPs Brand in accordance with clause 6;
    • (d) keep all documents you have provided to us for the purposes of applying for and maintaining your Registration confidential and secure; and
  • 4.2 access to benefits that we provide from time to time (in our discretion) for exercise professionals who are on our Register.

5. Your obligations

  • 5.1 To maintain your Registration, you must:
    • (a) promptly inform us in writing if the information on the Register is not, or will not be, accurate, complete or up-to-date;
    • (b) comply with the following requirements:
      • (i) obtain 20 continuing education credits during the Registration Period;
      • (ii) at all times hold a current first aid certificate and a CPR certification; and
      • (iii) hold any other qualifications reasonably determined by us from time to time.
    • (c) keep written CEC activity records in relation to your CEC activities until five years after the end of the Registration Period during which the activity was completed;
    • (d) strictly comply with:
      • (i) this Agreement;
      • (ii) the Code of Ethics;
      • (iii) the Scope of Practice;
      • (iv) our Privacy Policy; and
      • (v) Fitness Australia Terms and Conditions relating to use of our website;
    • (e) comply with all applicable laws, regulations, codes of conduct and any instructions, directions, requirements and requests made by any Authority in relation to your conduct under your Registration;
    • (f) act in accordance with the highest standards of ethics, professionalism and business practice; and
    • (g) not conduct yourself in a manner that damages or is likely to damage our goodwill and reputation or the goodwill and reputation of any of our associates or related parties, the fitness industry, the AusREPs Brand or the Intellectual Property;
    • (h) not disparage us, other persons on the Register or Approved CEC Providers;
    • (i) immediately advise us if you receive:
      • (i) any notice or communication from any Authority relating to your conduct in which it is claimed that there has been non-compliance with any laws, regulations or codes of conduct; and
      • (ii) any complaint about your Registration; and
      • (iii) any information about a matter that could harm or affect our goodwill and reputation or the goodwill and reputation of other persons on the Register, the AusREPs Brand or the Intellectual Property.

6. Intellectual property

  • 6.1 You acknowledge that:
    • (a) we are the owner of the AusREPs Intellectual Property and any changes or improvements to the AusREPs Intellectual Property
    • (b) you do not obtain any interest in the AusREPs Intellectual Property; and
    • (c) you do not have a right to use the AusREPs Intellectual Property except for the AusREPs Brand, and your right to use the AusREPs Brand comes from this Agreement.
  • 6.2 We grant you a limited, royalty-free, non- exclusive licence to use the AusREPs Brand in Australia for the sole purpose of promoting and delivering services as a person registered on the Register in accordance with this Agreement.
  • 6.3 The licence to use the AusREPs Brand is granted only if you:
    • (a) use the AusREPs Brand in the manner specified by us in the AusREPs Branding and Advertising Guidelines (if any) or any other guidelines determined by us from time to time;
    • (b) do not make changes to or interfere with the AusREPs Brand;
    • (c) do not register or seek to register any of the AusREPs Brand; and
    • (d) do not use the AusREPs Brand, the words “The Australian Register of Exercise Professionals”,   “Australian Register”, “AusREP” or the acronym “AusREPs” or “REPs” or derivatives of those words or that acronym in your corporate name or business name, or in any trade mark or service mar
  • 6.4 We may change, add to, or discontinue the use of any of the AusREPs Brand.
  • 6.5 We will give written notice to you of any changes proposed under clause 4 and you will comply with the notice at your own cost, within the reasonable

7. Withdrawal, suspension and termination

  • 7.1 A Default Event occurs if you:
    • (a) fail to carry out any provision of this Agreement, the failure is capable of being remedied, and you do not remedy that failure within the period of time specified in a written notice from us specifying the failure and requiring it to be remedied;
    • (b) fail to comply with any material obligation, undertaking or warranty under this Agreement and that failure is not, on any reasonable or economic basis, capable of remedy;
    • (c) are subject to an Insolvency Event; or
    • (d) bring the fitness profession, fitness industry, other persons on the Register or us into disrepute.
  • 7.2 If a Default Event occurs, or we have reasonable grounds to suspect a Default Event has occurred or is likely to occur:
    • (a) we may, at any time:
      • (i) remove any information about your Registration from the Register; and
      • (ii) withdraw your licence to use the AusREPs Brand under clause 6; and
    • (b) you must, at our request, immediately stop using the AusREPs Brand and remove all material from any website and promotional literature that associates you or your business with us,
    without in any way limiting our other rights and remedies under this Agreement or at law.
  • 7.3 If a Default Event occurs we may, in our absolute discretion, by giving notice to you:
    • (a) suspend your Registration for a specified period pending an investigation by us; or
    • (b) terminate this Agreement and cancel your Registratio
  • 7.4 You may terminate this Agreement if you give us 30 days’ notice of such termination for any reason whatsoever.
  • 7.5 On termination of this Agreement:
    • (a) unless this Agreement expressly provides otherwise, all rights, benefits and authorisations granted by each party to the other under this Agreement will cease;
    • (b) you must immediately stop using the AusREPs Brand and remove all material from any website and promotional literature that associates you and/or your business with us;
    • (c) each party must immediately return to the other party all documents and materials containing Confidential Information and any other property owned by the other party;
    • (d) the obligations of the parties will cease but the following clauses continue: clauses 4, 1.5, 1.6, 1.7, 1.8 (General provisions), 6 (Intellectual Property, but not the right to use the AusREPs Brand), 7.5 (Consequences of Termination), 8 (Indemnity & Disclaimer), 11 (Privacy) and 13 (Dictionary and Interpretation);
    • (e) accrued rights or remedies of either party are not affected; and
    • (f) we will not refund the fees and charges paid by you.

8. Indemnity and disclaimer

  • 8.1 You will be solely responsible for, and will indemnify us and keep us indemnified in respect of:
    • (a) any claims or demands made or any legal proceedings commenced by any person which arises out of your conduct as an exercise professional or your relationship with your customers, suppliers and other persons with whom you deal; and
    • (b) any loss and expense suffered or incurred by us arising directly or indirectly from any breach of this Agreement by you,

unless caused by us or our Personnel.

  • 8.2 The information on the Register may not be accurate or up-to-date in all instances. We do not warrant the quality, accuracy or completeness of any information on the Register. We expressly disclaim any liability to the fullest extent permitted by law, the content on the Register that is provided by you.

9. Fees

  • 9.1 You agree to pay us the fees and charges that are specified in your application, or as otherwise published by us from time to time.
  • 9.2 The fees and charges referred to in clause 1 must be paid on time and in the manner specified by us.
  • 9.3 The fees and charges referred to in clause 1 are non-refundable unless otherwise prevented by law, or permitted under another clause in this Agreement.
  • 9.4 You acknowledge and agree that:
    • (a) we will not commence assessing your application;
    • (b) we will not accept your application and register you on the Register; and
    • (c) we may suspend, withdraw or cancel your Registration,

if you do not pay the fees and charges in accordance with this Agreement.

10. Goods and services tax (GST)

  • 10.1 In this clause:
    • (a) ‘GST’ means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time (GST Act) or any replacement or other relevant legislation and regulations; and
    • (b) words used in this clause which have a particular meaning in the ‘GST law’ (as defined in the GST Act) have the same meaning, unless the context otherwise requires.
  • 10.2 Unless GST is expressly included, the consideration expressed to be payable under any other clause of this Agreement for any supply made under or in connection with this Agreement does not include GST.
  • 10.3 To the extent that any supply made under or in connection with this Agreement is a taxable supply, the GST exclusive consideration otherwise payable for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply, and is payable at the same time.

11. Privacy

  • 11.1 You must:
    • (a) disclose to, or allow us to access, such Personal Information as is necessary to enable us to register you on the Register;
    • (b) ensure that we and each of our Personnel are entitled to collect, use, store and disclose that Personal Information in accordance with this Agreement; and
    • (c) not do anything that would cause us or our Personnel to be in breach of a Privacy Law.
  • 11.2 Each party must, with respect to Personal Information that it receives from the other party in connection with this Agreement:
    • (a) protect the confidentiality of that Personal Information;
    • (b) comply with all applicable Privacy Laws; and
    • (c) implement policies and procedures to protect the privacy and security of that Personal Information.
  • 11.3 You acknowledge and agree that we may use, and disclose to third parties (including your customers and potential customers), information relating to the status of your Registration, any application to be on the Register and any application to maintain or renew your Registration.
  • 11.4 We may disclose and publish this information on the Register on any platform such as our website or mobile phone application.

12. Changes to these terms

  • 12.1 Unless otherwise prevented by law, we may, by at least 30 days’ notice to you, alter or vary this Agreement.
  • 12.2 You may terminate this Agreement if you are not satisfied with any variation under clause 1 and you give us notice of such termination within 30 days after we gave you notice of the variation.
  • 12.3 If you terminate this Agreement under clause 2, clause 7.5 (except for paragraph f)) applies. We will refund part of the fees and charges we consider reasonable having regard to your particular circumstances.

13. Dictionary and interpretation

  • 13.1 In this Agreement:

Agreement has the meaning ascribed to that term in clause 1.3.

Approved CEC Provider means a person or body that has been approved by us to provide an Approved CEC Program which is an education or training program, event, module course or assessment, in whatever form, approved by us.

AusREPs Brand is limited to the words, tagline and logos set out in the AusREPS Branding and Advertising Guidelines or any other requirements determined by us from time to time.

AusREPs Branding and Advertising Guidelines mean the guidelines published by us from time to time.

AusREPs Intellectual Property includes:

  • a) the trade marks, trade names or logos owned or licensed by us which we authorise you to use;
  • b) any registered or unregistered product or service names owned or licensed by us;
  • c) all copyright in the materials, documents, programs or other items provided to you as part of your Registration;
  • d) our website and domain name; and
  • e) all inventions and discoveries made by us.

AusREPs Registration Guide means the guide developed by us which outlines the material required to support an application for Registration which may change from time to time.

Authority means any statutory government, industry or regulatory body.

Confidential Information of a party means any information of or relating to the party that:

  • a) is by its nature is confidential;
  • b) is designated as confidential; or
  • c) the other party knows or ought to know is confidential,

and includes:

  • d) information comprised in or relating to any intellectual property of the party or its related bodies corporate;
  • e) information relating to the business, financial position, operations or affairs of the party or its related bodies corporate; and
  • f) information relating to the Personnel, policies and strategies of the party or its related bodies corporate.

Corporations Act means the Corporations Act 2001 (Cth).

Insolvency Event means:

  • a) being an insolvent under administration or insolvent (each as defined in the Corporations Act);
  • b) having a controller (as defined in the Corporations Act) appointed;
  • c) being in receivership, in receivership and management, in statutory management, in liquidation, in provisional liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent);
  • d) being otherwise unable to pay debts when they fall due; or 
  • e) having something with the same or a similar effect happen under the laws of any jurisdiction.

Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act 1988 (Cth) which is collected or held by any parties in connection with this Agreement.

Record means a written record relating to a CEC activity or qualifications on which a person relies on to meet the Registration requirements.

Registration means our registration of you on the Register in accordance with clause 2.

Registration Period has the meaning ascribed to that term in clause 2.3.

you, your or derivatives of any of those terms, means the applicant set out in your application to be registered on the Register.

we, us, or derivatives of any of those terms, means Fitness Australia Limited (ABN 51 131 422 403) of PO Box 6453 Alexandria NSW 2015, New South Wales.

  • 13.2 A reference to any legislation or statutory instrument or regulation in this Agreement is a reference to that legislation or statutory instrument or regulation as amended or replaced from time to time.
  • 13.3 No provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.
  • 13.4 If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more of them jointly.
  • 13.5 An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
  • 13.6 A party, which is a trustee, is bound both personally and in its capacity as a trustee.