Please read these Terms & Conditions (“Terms”) carefully before accessing or using the information and services made available through the Arigo website (“Site”), and all combined services (“Arigo Services”). By accessing or using the Site, you agree to be bound by the Terms below. The Site and Arigo Services combined for the purposes of these Terms and our policies are referred to as the “Arigo Platform”.

When this policy mentions “Arigo,” “we,” “us,” or “our,” it refers to the company, Arigo Together Pty Ltd. 

Our collection, use, processing, and disclosure of personal information related to your use and access of the Arigo Platform is explained in our Privacy Policy.

 

1. Scope of Arigo Services

The Arigo Platform is an online platform which enables registered users (users registered with an Arigoer account are “Arigoers”) and certain third parties who are professionally qualified Personal Trainers, Group Exercise Instructors, and Fitness Experts who provide health & fitness related services (users registered with a Trainer account are “Trainers”) and the services they offer are (“Training Services”) to publish these Training Services on the Arigo Platform (Listings”) to have Arigoers seeking such Training Services to contact them and communicate with them directly. Training Services may include the offering of sessions which may include exercise and advice related to health and fitness (“Training”). Collectively, persons who register an account, either Arigoer or Trainer are users (“Users”) of the Arigo Platform.

1.1 

  • Arigo being the provider of the Arigo Platform does not create, own, provide, manage, control, offer, supply or deliver any Training Services or Listings.
  • Trainers are solely responsible for their Training Services and Listings.
  • When Arigoers contact Trainers, any subsequent contracts are made directly with each other.
  • Arigo is not affiliated whatsoever and does not become a party to or other participant in any contractual relationship between Users.

1.2

  • Although we may assist in the resolution of disputes, Arigo is not liable for, has no control over, and does not guarantee:

a) the existence, safety, quality, legality, or sustainability of any Trainer Services or Listings;

b) the accuracy or truth of any Listing or Training Services, or other User Content;

c) the conduct or performance of any Users or third party.

  • Arigo does not endorse any Arigoers, Trainers, Training Services, or Listings.
  • Any description and information provided by Users are not an endorsement, guarantee, or certification by Arigo, including any Users identity, background, qualifications, or whether the User is suitable, safe, or trustworthy.
  • You should always be thorough and careful when deciding to contact Trainers, or utilise any Training Services provided by Trainers, or accepting a request for Training Services, or interacting, communicating, meeting, or exercising with other Arigoers or Trainers, whether online or in person.
  • Any images or videos published by Trainers in their Listings are intended only to indicate an accurate photographic or visual representation of the Trainers, Listings, and Training Services at the time the photo or video was taken, and not an endorsement by Arigo of any Trainers, Listings, or Training Services.

1.3 If you choose to use the Arigo Platform as a Trainer with a Trainer Account, your relationship with Arigo is limited to being an independent, third-party contractor, and not an employee, joint venturer, agent, or partner of Arigo, and you act entirely on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Arigo.

1.4 In promotional activities for the Arigo Platform and for increased exposure of Trainers and their Listings to potential Clients, Trainers or Listings may be displayed on other websites and within emails.

1.5

  • The Arigo Platform may provide links and pointers to third-party websites or resources (“Third-Party Services”). These Third-Party Services are not under Arigo’s control and may have different privacy policies and terms and conditions.
  • Arigo is not liable or responsible for these Third-Party Services, or the content, services, or products from these Third-Party Services.
  • Links to these Third-Party Services are for your convenience and are not an endorsement by Arigo of these Third-Party Services.
  • Arigo is not liable for any damages or loss which may, arise from a connection with or incidental to any content, product, or service provided by any Third-Party Services.

1.6

  • Arigo cannot and does not guarantee the continuous and uninterrupted availability and accessibility of the Arigo Platform due to the nature of the internet.
  • It may be necessary for Arigo to restrict certain areas of the Arigo Platform to maintain the security and integrity of its servers, or for maintenance of the Arigo Platform to ensure optimal performance or improvements of its services to you.

 

2. Arigoer Account Registration

2.1 To access and use various features provided within the Arigo Platform you must register an Arigoer Account, such features include: contacting Trainers and commenting on blog posts.

2.2 To register an Arigoer Account you must use an email address and create a password.

2.3 When creating an Arigoer Account, you must provide accurate, complete, and current information in all sections within the My Profile pages and you will always keep your Arigoer Account up to date.

2.4 You are not permitted to register more than one Arigoer Account unless otherwise authorised by Arigo. You are also not permitted to transfer your Arigoer Account to any other party.

2.5 You are entirely responsible if you do not maintain the confidentiality of your password. You are responsible and liable for all activities performed under your account. You may change your password any time at your discretion. If you have reason to believe that there has been any breach of security known to you of your Arigoer Account you must immediately notify Arigo.

 

3. Trainer Account Registration

3.1 To access and use various features provided within the Arigo Platform you must register a Trainer Account, such features include: publishing Listings and commenting on blog posts.

3.2 To register a Trainer Account you must use an email address and create a password.

3.3 When creating a Trainer Account, you must provide accurate, complete, and current information in all sections within the My Profile pages, when Listing Training Services, and you will always keep your Trainer Account and Listings up to date.

3.4 By registering a Trainer Account you agree you are, and you must be professionally qualified in, meet all of the industry requirements, and are permitted to perform any and all of the Training Styles in your Listings. Furthermore, you agree to only submit legitimate Qualifications for your Listings that you have acquired.

3.5 You are not permitted to register more than one Trainer Account unless otherwise authorised by Arigo. You are also not permitted to transfer your Trainer Account to any other party.

3.6 You are entirely responsible if you do not maintain the confidentiality of your password. You are responsible and liable for all activities performed under your account. You may change your password any time at your discretion. If you have reason to believe that there has been any breach of security known to you of your Arigoer Account you must immediately notify Arigo. 

 

4. Content

Definitions:

“User Content” is any and all content that Arigo enables Users to contribute through the Arigo Platform. 

“Arigo Content” is any and all content that Arigo enables persons to access and view of User Content together with the content Arigo itself provides through the Arigo Platform.

“Collective Content” is any and all content provided through the Arigo Platform by both User Content and Arigo Content.

4.1

  • The Arigo Platform and all Arigo Content are owned by Arigo Together Pty Ltd (“Arigo”) unless indicated otherwise, which you agree not to infringe any intellectual property rights owned by Arigo.
  • You will not alter any copyright or trademarks or any other rights accompanying the Arigo Platform and its Collective Content.
  • Trademarks, logos, and trade names of third parties used on or in connection with the Arigo Platform and Collective Content are used for identification purposes and may be the property of its owner.

4.2

  • You will not copy, modify, prepare any derivative works of, and otherwise exploit the Arigo Platform or Collective Content unless you are the legal owner of the certain User Content.
  • Arigo reserves the rights to copy, modify, prepare any derivative works of, and otherwise exploit User Content to provide and promote the Arigo Platform.
  • Arigo does not claim ownership rights of User Content and we do not restrict your rights to exploit your User Content. 

4.3 You are solely responsible for all User Content that you provide through the Arigo Platform, therefore you warrant and agree that:

a) You are the exclusive owner of all User Content that you provide;

b) Arigo’s use of your User Content will not infringe any rights or violate any laws or regulations.

4.4 You will not provide any User Content that is:

a) false, fraudulent, misleading, or deceptive;

b) offensive, pornographic, defamatory, obscene, or vulgar;

c) abusive, threatening, or violent to any other person;

d) discriminatory, racist, or harmful to any individual or group;

e) a promotion of illegal or harmful behaviour;

f) a violation of these Terms.

4.5 Arigo reserves the right to, in its discretion, remove any User Content for any reason.

4.6 If you believe content on the Arigo Platform infringes any copyrights you own please contact us immediately.

 

 5. Terms specific to Trainer Accounts

If you choose to use a Trainer Account, the following Terms apply to you:

  • When creating a Listing through the Arigo Platform you must:

a) provide accurate, truthful, and complete information about your Training Services;

b) disclose any requirements such as age, skill, health, or fitness;

c) provide as much relevant information about your Training Services so that Arigoers are able to fully understand the Listing and the Training Services you provide.

  • You are solely responsible for keeping your Profile and Listing information up to date.
  • You are solely responsible for the price (including any Taxes that apply) you place on your Listings for your Training Services. Once an Arigoer contacts you through your Listing for the specified Training Service, you cannot, shortly after, increase the price for that certain Arigoer to provide them with your Training Services.
  • Any information given to you by an Arigoer through the Arigo Platform must only be used by you to provide your Training Services to them.
  • Any terms and conditions you include in your listing must not conflict with these Terms.
  • All photos and videos used in your Listings must accurately represent you and your Training Services relevant to that specific Listing.
  • You will only provide social media links to accounts which are yours and does not contain content that is:

a) false, fraudulent, misleading, or deceptive;

b) offensive, pornographic, defamatory, obscene, or vulgar;

c) abusive, threatening, or violent to any other person;

d) discriminatory, racist, or harmful to any individual or group;

e) a promotion of illegal or harmful behaviour.

  • You will only List one Listing for each specific Training Style.
  • You are responsible for your own acts and are also responsible for the acts of any Arigoers you gain as clients while providing your Training Services to them. 
  • Arigo reserves the right to, in its discretion, reject or remove any Listing or disable your account for any reason.

 

6. Terms specific to Arigoer Accounts

If you choose to use a Trainer Account, the following Terms apply to you: 

  • When filling in your fitness details you must:

a) provide accurate and truthful information about your health and fitness;

b) disclose any requirements, concerns, or potential issues that you believe a Trainer should know about you;

c) provide as much information that you feel comfortable providing to Trainers.

  • You acknowledge that the Trainers may need to know more information about you when you contact them and thereafter, furthermore Trainers my need to set up a consultation session before they can provide you with their Training Services. This is to ensure that they can tailor their Training Services to your specific needs, ensure their and your safety, and achieve maximum results towards your goals.
  • If you contact a Trainer to utilise their Training Services and plan to have additional persons join, you will:

a) ensure that all additional persons understand any requirements set by the Trainer in the Listing;

b) make all additional persons aware of and agree to these Terms and any terms and conditions set by the Trainer;

c) if an additional person is a minor, you agree that you are legally authorised to act on behalf of the minor.

  • You should be thorough and careful when reviewing the description, details and information provided in Listings by Trainers about their Training Services especially if are seeking their Training Services. Furthermore, you must ensure that:

a) you meet any age, skill, health or fitness requirements which have been specified by the Trainer in the specific Listing;

b) you inform the Trainer of any physical or medical conditions, or any other circumstance that may impact you or any additional person’s ability to safely participate in the Training Services you request from the Trainer.

c) You identify, understand, and agree with all laws, rules, and regulations that may apply to your participation in the Training Services.

  • Arigo reserves the right to, in its discretion, disable your account for any reason.

 

7. Prohibited Activities

Because Arigo grants you access to use the Arigo Platform and its Collective Content with the purpose of allowing you to enjoy the benefits it provides, you agree not to: 

  • use the Arigo Platform or its Collective Content for any commercial purposes otherwise stated in these Terms;
  • use the Arigo Platform to spam, solicit money from or defraud any Users;
  • offer, as a Trainer, any Training Services that you do not have the qualification, permission, or ability to perform;
  • use any data gathering methods on the Arigo Platform whatsoever;
  • violate any applicable laws, regulations, or agreements with third-parties and their rights, or these Terms;
  • contact a Trainer for any purpose other than to use their Training Service for yourself and any additional persons;
  • discriminate against, harass, infringe, or violate anyone through the Arigo Platform;
  • damage or attempt to harm the Arigo Platform whatsoever;
  • tarnish or harm the Arigo brand whatsoever. 

 

8. Disclaimers

  • The Arigo Platform and Collective Content is provided on an “as is” and “as available” basis without warranty of any kind.
  • If you choose to use the Arigo Platform or Collective Content, you do so voluntarily at your own risk.
  • Arigo takes no responsibility for any content provided by you or another User or third party through the Arigo Platform.
  • Because Arigo does not have the resources to perform background checks on all users we cannot guarantee that all Users’ information is accurate, correct, truthful, or current. Therefore, your communication, interaction, meeting, and exercising with other Users either online or in person through the Arigo Platform is voluntarily at your own risk.

 

9. Liability

  • You acknowledge any and all risks resulting from:

a) your access to and use of the Arigo Platform and Collective Content;

b) your contacting of Trainers and or publishing of Listings through the Arigo Platform;

c) your experience with any and all Training Services or Clients gained from the Arigo Platform;

d) any other interaction you have with other Users whether online or in person.

  • Arigo is not liable for any damages, or losses as a result of or related with:

a) either the use or inability to use the Arigo Platform or Collective Content;

b) any communications, interactions, meetings, or exercise sessions with other Trainers or Arigoers or any other persons you communicate, interact, meet, or exercise with as a result of your use of the Arigo Platform;

c) your publishing of Listings or contacting Trainers, or the use or provision of Training Services.

 

 10. Indemnification

You indemnify and will keep indemnified Arigo, its affiliates and subsidiaries, and their officers, directors, agents and employees against all actions, suits, damages, claims, losses, costs, liabilities and expenses, including without limitation responsible legal and accounting fees incurred by Arigo in relation with:

a) your breach of these Terms;

b) any negligent act or omission by you;

c) your improper use of the Arigo Platform;

d) your Listings of Training Services or contacting of Trainers;

e) your interaction with any other Users, including without limitation any injuries, losses, or damages of any kind in connection with or as a result of such interaction or use;

f) your breach of any laws, regulations or third party rights.

 

11. Applicable Law and Jurisdiction

The laws that govern this agreement are the laws in Queensland, Australia whose exclusive jurisdiction you irrevocably agree to.

 

12. General Terms

  • Arigo reserves the right to terminate your agreement with Arigo if you breach any of these Terms. Furthermore, Arigo reserves the right to, in its discretion, reject or remove any User Content or disable your account for any reason.
  • Termination of our agreement with you will not end the provision of these Terms.

 

13. Modification of these Terms

Arigo reserves the right to, at any time modify and update these Terms. These revised versions will be posted on the Arigo Platform.

 

14. Feedback

We will always welcome ideas and feedback about any aspects related to the Arigo Platform. You may send us feedback by contacting us through the “Contact Us” section of the Arigo Platform, or by any other means of communication. Any feedback sent to us is non-confidential and non-proprietary to you and is stored safely for us to administer and improve the Arigo Platform for you. By sending us feedback, you grant an irrevocable, non-exclusive, perpetual, sub-licensable, royalty-free licence to use and publish whatever we acquire from the feedback you send to us, without compensation to you.