The Company provides the "Hijack" health and fitness app for health & fitness coaches and athletes. Use of Hijack is subject to these Terms of Service. Pixelface Technologies Pty Ltd ABN 69 683 745 851.
Pixelface Technologies Pty Ltd ABN 69 683 745 851.
The "Hijack" online health and fitness platform owned and operated by the Company, accessible at a Mobile Application Marketplace.
A user of Hijack that holds an Account and includes Athletes and Coaches.
A health & fitness coach registered with Hijack that uses the features associated with a Coach Account.
A registered user of Hijack that uses the features associated with an Athlete Account.
A registered account with Hijack set up by Users.
A booking for a Session made via Hijack.
A group of connected Users who interact in relation to a certain interest, activity, club, or Coach.
A health and fitness program comprising text and/or visual content made available via Hijack.
A type of health & wellbeing session provided by a Coach for Athletes.
A Fee charged by the Company for use of Hijack on a periodical basis, as notified to Users from time-to-time.
All information, data, documents, hyperlinks, and other such materials entered or uploaded into Hijack by a User (excluding derivative data or analytics).
Stripe, or such other payment system the Company may adopt within Hijack from time-to-time.
The Company's privacy policy as updated from time-to-time, published on the Site.
These terms and conditions for the use of Hijack, as updated from time-to-time and published on the Site.
The User agrees that all use of Hijack is subject to these Terms of Service. The User must accept these Terms to use Hijack and must cease use if they can no longer agree to these Terms. The Company may suspend Accounts or restrict access for Users who breach these Terms.
Persons under 18 years must not use Hijack without parent or guardian consent. By accepting these Terms, the User represents they are 18+ or have parental consent.
The Company's role is limited to providing a digital platform connecting Users for health and fitness promotion. Coaches are not engaged by the Company and don't provide services on behalf of the Company. The Company is not responsible for Coach conduct or Session activities.
The Company provides a platform to facilitate User connections for health and fitness promotion. The Company cannot be held liable for any injury suffered by a User in connection with Hijack use. Users follow Programs or participate in Sessions at their own risk. Users should seek qualified health professional advice before participating if they have medical concerns.
To access Hijack, Users must set up an Account. Users may need to verify their mobile number or email address. Users can set up free Accounts, though full features require a Subscription. Users are responsible for all Account activities.
Hijack allows Athletes to: make Bookings; schedule Sessions; create and access Programs; join Communities; search and view Coach Profiles; sign up with Coaches; send and receive Messages; and access other features the Company may provide.
Hijack allows Coaches to: manage their Coach Profile; offer Bookings; conduct Sessions; create and distribute Programs; build Communities; manage registered Athletes; send and receive Messages; and access other features the Company may provide.
Bookings are managed by Coaches and may specify location, date, time, attendees, fees, promotions, and cancellation policies. Coaches must ensure availability is accurate and provide confirmed Sessions. Bookings are confirmed when Athletes complete payment via Hijack. Athletes are responsible for determining Session and Coach appropriateness before booking and cannot get refunds simply for disliking a Session or Coach.
Programs may be created within Hijack or imported on free or paid basis. Users may rely on Hijack's AI to tailor Programs to fitness goals. Programs may be general templates or tailored for specific Athletes. Coach Programs are only accessible to registered Athletes unless otherwise permitted.
Users may create new Communities (private or public) and manage them. Users may accept/decline Community invitations and leave Communities anytime. Community creators may delete Communities under their control anytime.
Users may make Posts within Hijack with limited access to certain Users or Communities. Only connected Users can Message each other via Chat. Messages must be respectful and appropriate. Chat history is stored indefinitely unless removed.
The primary Fee is the Subscription Fee, payable in advance for the elected subscription period. Subscription Fees automatically renew unless cancelled via the Mobile Application Marketplace. The Company may update Subscription Fees with written notice.
Athletes must pay Booking Fees determined by the relevant Coach. The Company manages payment via Hijack and is authorized to charge and collect Booking Fees on behalf of Coaches. Coaches may not charge Athletes for Sessions outside of Hijack.
All Fees are paid via the Payment Gateway within Hijack and/or Mobile Application Marketplace in Australian dollars. For Australian Users, GST applies to Company-charged Fees. All Fees are deemed GST-inclusive unless stated otherwise.
No refunds on Fees are provided except where required by law or agreed by the Company in its sole discretion. Where refunds are provided, the Company may issue Account credits equivalent to the refund value.
User Content is the sole responsibility of the uploading User. By uploading User Content, Users warrant it is true and accurate and they have necessary consents for third-party personal information. Users warrant hyperlinks are safe and legitimate. Users indemnify the Company for fake, illegal, pornographic, offensive, discriminatory, defamatory, rude, indecent or objectionable User Content. The Company may remove inappropriate User Content. Users warrant they have necessary Intellectual Property rights for User Content.
By accepting these Terms, Users are granted a limited, non-exclusive, revocable licence to access and use Hijack. The Company may revoke or suspend the User's licence for breach of these Terms.
The Company may update these Terms from time-to-time. When modified, the Company will provide written notice and Users must accept modified terms to continue using Hijack.
Hijack is hosted on Company-managed or approved third-party servers and is only accessible via internet connection. The Company reserves the right to upgrade, maintain, backup, amend, add or remove features, and otherwise alter Hijack.
Users shall only use Hijack for legal purposes and not engage in unlawful, immoral, threatening, abusive conduct. Users are responsible for username and password security. The Company provides access to the best of its abilities but accepts no responsibility for ongoing access.
The Company has moral & registered rights in its trade marks. Users shall not copy, alter, use or otherwise deal in the marks without prior written consent.
Users warrant that by using Hijack they will not copy Hijack for commercial purposes or reverse engineer any source code, architecture, or algorithms contained in Hijack.
All content submitted to the Company (except User Content) becomes the Company's Intellectual Property, including source code, analytics, insights, ideas, enhancements, and suggestions.
Where a Coach distributes a Program via Hijack, the Coach grants the Company a non-exclusive, perpetual, royalty-free, worldwide licence to make the Program available to Users who have signed up to the Coach, even after termination.
Coaches warrant that: all submitted information is true and accurate, including qualifications, experience, and work history; they hold necessary skills, experience, capacity, and expertise to perform Sessions; and they will perform Sessions in a proper and efficient manner using skill, diligence, prudence, and foresight reasonably expected from a professional health & fitness coach.
Users acknowledge that undertaking Sessions may result in injury and agree they use Hijack at their own risk. The Company makes no representation that Users will achieve certain results from using Hijack.
The Company is not responsible for User conduct or activities and is not liable for such under any circumstances. The Company will not be liable for any direct, incidental, consequential or indirect damages, property damage, injury, illness, loss of data, profits, or opportunities resulting from Hijack use.
Users agree to indemnify the Company for any loss, damage, cost, or expense suffered as a result of User conduct during Sessions or breach of these Terms.
Certain rights under the Competition and Consumer Act 2010 (Cth) may not be excluded. Apart from those that cannot be excluded, the Company excludes all conditions and warranties implied by law.
Either party may terminate immediately by giving written notice, which is deemed given by the User when they cancel their Account. Termination does not affect accrued rights or remedies of parties arising from these Terms up to the date of termination.
The parties agree to be bound by these Terms when accepted electronically by the User through the Site.
The Company will send notices to details submitted by Users. It is the User's responsibility to update contact details. Electronic communication is effective unless physical delivery is required by law.
Users may not assign these Terms. The Company may assign its rights under these Terms by giving written notice to the User.
These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of courts with jurisdiction there.
Any clause that is invalid or unenforceable is ineffective to the extent of invalidity without affecting remaining clauses of these Terms.