Your subscription to My 5 Online allows you to access the My 5 service. The My 5 concept, services, design, logo and all associated materials remain the property of My 5 Pty Ltd (ACN 121 460 517) and/or My 5 Developments Ltd (ACN 122 987 624). You should not install and use My 5 Online if to do so would result in the breach of any law in the country or territory in which you are located. BY accessing My 5 Online, you agree as follows:
If you have not undertaken any physical activity for some time, are over 40 and relatively inactive, or have a history of heart or other health problems, please be careful using My 5 Online. If in any doubt, consult your doctor before using My 5 Online. If you feel any discomfort whilst using My 5 Online, stop immediately and seek professional medical assistance. While every effort has been taken to make My 5 Online safe and enjoyable, no responsibility is taken by My 5 for any injury sustained while using My 5 Online.
You acknowledge that you have read the medical warning above and will ensure that any other person under your control whom you allow to use My 5 online reads and complies with directions contained in that warning. My 5 will not be liable for any injury or harm suffered by any such person as a result of undertaking any of the activities that form part of My 5 Online.
My 5 Online is copyright and intended to be used only by persons authorised by My 5. No use or disclosure of My 5 Online is otherwise permitted and it may not be reproduced by any process, electronic or otherwise, without the specific written permission of My 5.
You must not market, distribute or transfer any copy of My 5 Online to others or electronically transfer My 5 Online from one computer to another over a network, either on its own or with or as part of any other product or equipment.
You must not modify, adapt, translate, rent, lease, loan, sell, distribute, network or create derivative works based upon My 5 Online or any part thereof. My 5 Online contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce My 5 Online to a humanly perceivable form. You agree not to divulge directly or indirectly, any such trade secrets to any person, unless and until such trade secrets cease to be confidential, for any reason not your own fault.
This Agreement shall enure to the benefit of and be binding upon the successors and permitted assigns of the respective parties hereto.
To the full extent permitted by law, My 5 hereby excludes all conditions and warranties, whether imposed by statute or by operation of law or otherwise, not expressly set out herein. My 5 Online is provided 'as is' without warranty of any kind. My 5 does not warrant, guarantee or make any representations regarding the use, or the results of the use, of My 5 Online with respect to its correctness, accuracy, reliability, currentness or otherwise.
Except as specifically set forth in this document, My 5 makes no express or implied warranties or conditions including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to My 5 Online. No oral or written information or advice given by My 5, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice.
Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which are applicable to this Agreement or My 5 Online supplied hereunder, and which by virtue of any national or State Fair Trading, Trade Practices or other consumer legislation may not be modified or excluded. If permitted by such legislation, however, My 5's liability for any breach of any such warranty or condition shall be and is hereby limited to the correction of any defect in such part of My 5 Online licensed hereunder as My 5 at its sole discretion may determine to be necessary to correct the said breach.
Except as set out in this document, in no event shall My 5 be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of business profits, business interruption, and loss of business information or computer programs), even if My 5 or any My 5 representative has been advised of the possibility of such damages.
This Agreement will be construed under the laws of New South Wales, Australia and you and My 5 submit to the non-exclusive jurisdiction of the courts of New South Wales. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by My 5 in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect