Terms of Use

1. Our Agreement

1.1 ) In these terms and conditions, “Steppen”, “we”, “our” or “us” means Steppen Pty Ltd (ACN 648 239 445) trading as Steppen and includes its related entities and their respective officers, employees and agents. “You”, “your” or “User” means a person who uses our Platform or accesses our Steppen Services. Additional definitions are set out in clause 17. 

1.2) These Platform terms and conditions and our Privacy Policy (together, the “Agreement”) apply to your use of the Platform and Steppen Services.

1.3) By accessing the Platform or using the Steppen Services, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, then you must immediately cease using the Platform and accessing the Steppen Services.

1.4) If you have any questions about the Platform, our Services or this Agreement, please contact us by email at info@steppen.fit

2. The Steppen Platform

2.1) The Steppen Platform is a social media fitness app which provides an easy and convenient space for users to view, create and post fitness Content. 

2.2) Steppen does not supply or sell any goods and/or services on, or via the Platform. For the avoidance of doubt Steppen is not a gym, health club, fitness studio, health or medical physician or similar, and does not own or operate any of the Content that is uploaded to the Platform. Steppen is not an agent, nor does Steppen represent any third party, including persons or entities who upload Content on the Platform. 

2.3) We may, for any reason, at any time and without notice to you change or remove the Steppen Services, including Platform functionality or withdraw the Platform all together.

3. User Profile

3.1) To be able to use our Platform and the Steppen Services you must create a User Profile by providing:

(a) a username;

(b) a valid email address;

(c) year of birth; 

(d) gender; 

(e) height and weight;

(f) location, including city and country; and 

(g) nominate a password (“Password”). 

3.2) Registration is free. If you do not provide accurate and complete details, we may not be able to activate your User Profile. 

3.3) You will receive confirmation of User Profile registration by way of  email shortly after you have created your User Profile. 

3.4) If you do not provide accurate and complete details, we may not be able to activate your User Profile or provide you with complete access to the Platform and Steppen Services. 

3.5) If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to our Agreement on your behalf. 

3.6) If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create a User Profit, you agree to:

(a) exercise supervision over the Minor's use of the Platform and Steppen Services, including their User Profile;

(b) assume all risks associated with the Minor's use of the Platform, Steppen Services and their User Profile, including any use or  transmission of Content, or information to and from third parties via the internet; 

(c) assume any and all liabilities resulting from the Minor's use of the Platform, our  Steppen Services and their User Profit; 

(d) ensure the accuracy and truthfulness of all information submitted to us, on the Platform by the Minor; and 

(e) assume any and all risks and liabilities associated with and/or resulting from the Minor’s use or transmission of Content, which also includes exercising supervision when the Minor uses any Content. 

3.7) We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Platform by that Minor and the use of the Platform and/or Steppen Services.

3.8) You agree to keep your User Profile details current at all times by updating these details on your User Profile. 

3.9) You agree that you have sole responsibility for any activity that occurs on, or by using, your User Profile. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or User Profile. You must not provide your User Profile username or Password to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality and security of your username and Password and any use of your User Profile (including unauthorised use). 

3.10) We may, in our absolute discretion, terminate your User Profile, disable your User Profile or restrict your access to the Steppen Services or Platform (temporarily or permanently) where you breach this Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Steppen Services, Platform, your User Profile details, or any other Content associated with your User Profile. We will not be liable to you or any third party if this occurs. We may also impose limits or restrictions on the use you may make of the Platform. Where we limit or restrict your access to the Platform, we will inform you in writing via email. 

3.11) If you would like to deactivate your User Profile, you may do so by emailing us at any time at info@steppen.fit

4. Using the Steppen Services

4.1) As a User of the Platform, you will have access to the following Steppen Services: 

(a) search and find other user profiles on the App;

(b) create and upload your own fitness workouts; and

(c) like, comment and save other user’s workouts and exercises; 

(d) update your account settings and profile details. 

 

4.2) All comments and reviews provided by users must, at all times, comply with this Agreement. We may at our sole discretion remove any comments or reviews that do not comply with this Agreement. 

4.3) You acknowledge and understand that all users of the Platform are third parties, and are not contracted, employed or in any other way affiliated with Steppen. You therefore bear the responsibility for:

(a) checking the suitability of any Content or Material uploaded by a user; and 

(b) verifying the identity and authenticity of any user when you interact with them. 

 

4.4) You acknowledge that in relation to the responsibilities set out in clause 4.3, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of User.

5. Assumption of Risk and Disclaimer

5.1) You understand that Steppen is not a personal trainer, health or medical physician, gymnasium, health club, facility, fitness studio or similar, and any Content or Material uploaded to our Platform is provided by Users, and not Steppen. 

5.2) Steppen is not responsible for the quality of any Content or Material provided by a User or by any other third party. You are solely responsible for determining whether any Content or Material available on or through the Platform is right for you.  

5.3) You understand that there are certain inherent risks and dangers in exercising and that Content that you rely on for exercising or otherwise will offer a range of different activity and intensity levels. By using Steppen, you acknowledge and agree, on behalf of yourself, your heirs and/or personal representatives that you are aware of these risks which include, but are not limited to, illness, loss, bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury, harm or death.   

 

5.4) You acknowledge and agree that it is your responsibility to consult with your physician or other health care provider prior and during your use of the Steppen Service and the Platform, and to determine if and how participating in the Steppen Services is appropriate for you. 

 

5.5) Any information published via the Platform or otherwise provided to users is supplied in good faith, but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

6. Prohibited Conduct

6.1) Without limiting the prohibitions and restrictions found elsewhere throughout this Agreement, you agree not to: 

(a) harass, threaten, stalk, disrupt or defraud other users, or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment on the Platform; or 

(b) act in a deceptive or fraudulent manner by, among other things, impersonating another person or accessing another User Profile. 

6.2) Steppen reserves the right to refuse to provide the Steppen Services or terminate your User Profile at our sole discretion if we have evidence to show that you have been engaging in any of the prohibited conduct listed in this clause or any other breach of this Agreement. Where we consider you in breach of this Agreement, we will notify you in writing and provide a reason why your access to the Steppen Services have been terminated.

7. Platform Use

7.1) You warrant and represent that your access to, and use of, the Platform and Steppen Services is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

 

7.2) You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

 

7.3) All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us, another user of the Platform, through the Steppen Services or any third party. It is not within the scope of our obligations to enquire as to, or to verify, the accuracy or completeness of information that we receive from you, another user of the Platform or any third parties.

 

7.4) You will not:

(a) modify the Platform or merge any aspect of the Platform with another programme other than as expressly provided under this Agreement;

(b) record, reverse engineer, copy, duplicate, reproduce, create derivative works from, frame, download, display, transmit or distribute any of the Platform or Material therein or the source code of the Platform;

(c) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Platform or Material;

(d) engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

 (e) access, store, distribute or transmit: 

I) viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;

ii) material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;

iiI) material that facilitates illegal activity; or

iv) material that abuses or causes damage or injury to any person or property;

f) provide Platform login details or passwords, or otherwise provide access to the Platform, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Platform;

g) share any features of the Platform that are not publicly available with any unauthorised third party; 

h) use the Platform other than for its intended purpose; and 

i) engage in any conduct on the Platform that is in breach of this Agreement (or any other terms mentioned therein).

 

7.5) The Platform may contain links to third party websites. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party Material or Content appearing on, or via, other websites linked to this Platform. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not to be held responsible for the Content, Material or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites. 

8. Content uploaded to the Platform

8.1) You must not upload any Content to the Platform that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Platform without the uploader’s consent and without notice to the uploader. 

 

8.2) The Content uploaded to our platform is the responsibility of the person or entity that uploads it to the Platform.

 

8.3) Steppen reserves the right, at any time and without prior notice, to remove or disable access to the Content, in whole or in part, at our discretion for any reason or no reason. These reasons may include, but are not limited to: 

(a) where we find the Content objectionable; 

(b) in violation of this Agreement; 

(c) harmful to Steppen or other users;  

(d) the content could cause physical risk, harm, loss or death to users; or

(e) is in breach of any law or regulation. 

 

8.4) Steppen does not routinely screen or monitor the Content uploaded on the Platform by other users, and as such, does not guarantee the accuracy, integrity or quality of such Content. 

 

8.5) If you consider any Content that is uploaded to the Platform in breach of this Agreement or to be incorrect, offensive, against the law or community standards or is in breach of another party’s intellectual property rights, you can report it to info@steppen.fit. We request that you provide us with as much detail as possible so we can conduct our thorough investigation, including providing us with any relevant username and the name of the exercise/video you wish to report.

9. Warranties

9.1) Without limiting the foregoing, Steppen does not warrant or make any representations:

(a) that any Content is suitable for you or will meet your personal needs; and 

(b) regarding the adequacy or safety of Content or other services. 

 

9.2) We will use reasonable endeavours to provide constant, uninterrupted access to the Platform, but as with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Platform.

 

9.3) We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Steppen Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. You agree that our liability will be limited in any event to the right to attempt redelivery of the Steppen Services to you.

 

9.4) To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Platform provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Platform, Content and Material are provided on an ‘as is’ basis and that you will make your own investigations into whether or not the Steppen Services and/or Content are fit for your purposes. 

10. Indemnity

10.1) You agree to indemnify and hold us, our related bodies corporate and our officers, directors, employees or contractors (collectively, the “Indemnified”) harmless from and against any and all claims, actions, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be brought against the Indemnified arising out of, or in connection with, your access to, and use of the Platform, Content, Material or Steppen Services, and any breach by you of this Agreement. 

 

10.2) You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any users due to your actions, and you indemnify us from and against any and all claims by any user relation to your actions. 

 

10.3) This clause 10 survives termination or expiry of this Agreement.

11. Liability

11.1) Content made available to you via the Platform is provided by third parties, being users of the Platform, and not Steppen. To the maximum extent permitted by law, your use of the Content and Steppen Service is solely at your own risk. 

 

11.2) We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to any Content or any of the other services provided by third parties. 

11.3) In no event shall Steppen be liable for any act, error or omission by any third-party, including, without limitation, any which arises out of or is any way connected with a user’s use of Content or other service, or to the performance or non-performance any of third party, including other users.

 

11.4) Any information obtained by you in the course of using the Platform or Steppen Services is not medical information or advice provided by us and you must not rely on it in that respect. We do not accept any liability for any injury, loss or damage caused by the use of the information available on the Platform and through the Content. 

 

11.5) To the maximum extent permitted by law, we exclude all:

(a) conditions, guarantees or warranties expressed or implied by law; and 

(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Platform, Content, any of the Steppen Services and this Agreement.

 

11.6) Our liability to you is limited to the maximum extent permissible by law. To the extent that our liability is not otherwise excluded, subject to any Non-Excludable Guarantees, our liability to you is limited to the aggregate sum of $100. 

 

11.7) To the maximum extent permitted by law, all typographical, clerical or other errors or omissions on the Platform will be subject to correction without any liability on our part. We will have no liability for any losses suffered or any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the Platform or the Steppen Services.

 

11.8) You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Steppen Services, Content, the Platform or this Agreement. 

 

11.9) Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

12. Dispute Resolution

11.1) Content made available to you via the Platform is provided by third parties, being users of the Platform, and not Steppen. To the maximum extent permitted by law, your use of the Content and Steppen Service is solely at your own risk. 

 

11.2) We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to any Content or any of the other services provided by third parties. 

11.3) In no event shall Steppen be liable for any act, error or omission by any third-party, including, without limitation, any which arises out of or is any way connected with a user’s use of Content or other service, or to the performance or non-performance any of third party, including other users.

 

11.4) Any information obtained by you in the course of using the Platform or Steppen Services is not medical information or advice provided by us and you must not rely on it in that respect. We do not accept any liability for any injury, loss or damage caused by the use of the information available on the Platform and through the Content. 

 

11.5) To the maximum extent permitted by law, we exclude all:

(a) conditions, guarantees or warranties expressed or implied by law; and 

(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Platform, Content, any of the Steppen Services and this Agreement.

 

11.6) Our liability to you is limited to the maximum extent permissible by law. To the extent that our liability is not otherwise excluded, subject to any Non-Excludable Guarantees, our liability to you is limited to the aggregate sum of $100. 

 

11.7) To the maximum extent permitted by law, all typographical, clerical or other errors or omissions on the Platform will be subject to correction without any liability on our part. We will have no liability for any losses suffered or any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the Platform or the Steppen Services.

 

11.8) You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Steppen Services, Content, the Platform or this Agreement. 

 

11.9) Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.