Conditions of Use
www.stayfit2play.com, the official web site of Stay Fit 2 Play Ltd and its corporate affiliates (collectively, "Stay Fit 2 Play"). Please take time to read these important terms and conditions of use of our web site (the "Stay Fit 2 Play Site").
1 Application of Terms
1.1 These Website Terms and Conditions (the "Terms") govern the relationship between you and Stay Fit 2 Play with regard to your use of the Stay Fit 2 Play Site.
1.2 By accessing any part of the Stay Fit 2 Play Site or using any services on the Stay Fit 2 Play Site, you consent to the Terms. Stay Fit 2 Play reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the Stay Fit 2 Play Site. Your continued use of the Stay Fit 2 Play Site after any changes to the Terms constitutes your acceptance of the new Terms.
2 Use of the Website
2.1 The Stay Fit 2 Play Site is provided "as is" and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the Stay Fit 2 Play Site for your own personal, non-commercial use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Stay Fit 2 Play Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the Stay Fit 2 Play Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Stay Fit 2 Play Site.
2.4 You acknowledge that the Stay Fit 2 Play Site has been specifically designed for use in Australia and agree not to use or access the Stay Fit 2 Play Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
3 Stay Fit 2 Play Products and Services
3.1 You acknowledge that Stay Fit 2 Play offers certain products and services on the Stay Fit 2 Play Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and Stay Fit 2 Play, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a Stay Fit 2 Play product or service. This separate agreement contains the complete terms for use of or reliance on the relevant Stay Fit 2 Play product or service including all warranties and representations relating to that product or service. Stay Fit 2 Play does not give any warranties or representations in these Terms about the quality, functioning or accuracy of Stay Fit 2 Play’s products or services.
3.2 You agree to not use any of the services on the Stay Fit 2 Play Site or the Stay Fit 2 Play Site itself to:
i harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
ii engage in any unlawful activity or to use the site in an unlawful manner or in any other manner that could damage, disable, overburden or impair the site;
iii use automated scripts to collect information from or otherwise interact with the service or the Stay Fit 2 Play Site;
iv upload, post, transmit, share, store or otherwise make available any content that Stay Fit 2 Play deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
v impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
vi upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
vii upload, post, transmit, share, store or otherwise make publicly available on the Stay Fit 2 Play Site or to any third party any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
viii solicit personal information , passwords, or other personally identifying information for commercial or unlawful purposes;
ix upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
x intimidate or harass another;
xi upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xii use or attempt to use another's email account or other services or systems without authorization from Stay Fit 2 Play; or
xiii upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Stay Fit 2 Play, is objectionable or which may exposes Stay Fit 2 Play or its users to any harm or liability of any type.
4 Third party sites
4.1 You acknowledge that the Stay Fit 2 Play Site may contain links to websites operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and Stay Fit 2 Play does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. Stay Fit 2 Play shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
5 Intellectual Property Right Notice
5.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Stay Fit 2 Play Site are the property of Stay Fit 2 Play, its information providers, advertisers and other licensors. No part of the Stay Fit 2 Play Site, or its content may be copied or reproduced (except for your personal use and as per clause 2.1 of these Terms).
5.2 Stay Fit 2 Play grants you a personal, non-exclusive, nontransferable license to access the Stay Fit 2 Play Site and use the Stay Fit 2 Play Site in accordance with these Terms.
6 Disclaimer and exclusion of liability
6.1 Stay Fit 2 Play has taken all reasonable steps to ensure that the information on the Stay Fit 2 Play Site is accurate, complete and up to date and that the Stay Fit 2 Play Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Stay Fit 2 Play Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT STAY FIT 2 PLAY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE COMODO SITE, WITH THE EXCEPTION THAT STAY FIT 2 PLAY DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT STAY FIT 2 PLAY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD STAY FIT 2 PLAY HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE STAY FIT 2 PLAY SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND STAY FIT 2 PLAY ‘S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH STAY FIT 2 PLAY AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF STAY FIT 2 PLAY.
8 General
8.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
8.2 The rights and obligations created by these Terms are enforceable by and may be assigned by Stay Fit 2 Play. You may not assign your rights or obligations under these Terms.
8.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
9 Governing Law and Jurisdiction
9.1 The parties agree that these Terms are governed by New Jersey law and the state and federal courts of New Jersey have exclusive jurisdiction.
If you have any complaint or query in relation to the Stay Fit 2 Play Site of these Terms, please email info@stayfit2play.com.

