Terms of service

These Terms of Use are effective as of 21 April 2024.

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform Clause 8 (Changes and Updates), the purchase and renewal of memberships to the Platform Clause 2 (Memberships and Programs) and limitations of liability Clause 7.1 (Limitation of Liability). The following additional terms may also apply to you:

If you live in certain countries, the Additional Terms found at the end of these Terms of Use may apply to you. These Additional Terms override the other terms of these Terms of Use below to the extent of any inconsistency.

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or superseded from time to time (together, the ‘Terms of Use’) apply to your access and use of the Gofitan mobile or digital application (‘Gofitan App’), the website at https://gofitan.com/ (‘Website’) (together, the ‘Platform’) and associated fitness and nutrition services and products provided through them (‘Fitness Products’), which are made available to you by GOFITAN PTY LTD ABN 93 674 196 037 (‘Gofitan’, ‘we’, ‘our’, or ‘us’) and third party providers, including ABC Trainerize. These Terms of Use are subject to ABC Trainerize’s End User Terms located at https://www.trainerize.com/endUserTerms/#AU-NZ. If you use the Gofitan App you agree to be bound by and comply with those End User Terms.

These Terms of Use are entered into between you, as a user of the Platform for the purpose of accessing, obtaining or otherwise acquiring the Fitness Products (‘user’, ‘you’, ‘your’) and Gofitan. Gofitan’s offering of the Platform and Fitness Products to you is conditional on your acceptance of these Terms of Use and our Privacy Policy located at https://gofitan.com/policies/privacy-policy (‘Privacy Policy'). By creating an account with us, accessing, or using the Platform, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Platform or Fitness Products.

1. PLATFORM USERS

1.1 Eligibility

By accessing or using the Platform, you acknowledge and agree that you:

(a) are of legal age in your country and are not under 16 years old;

(b) have read and understood these Terms of Use and agree to be bound by them;

(c) consent to the use of your personal information for the purpose set out in these Terms of Use, our Privacy Policy and use of the Gofitan App generally;

(d) have full power, capacity and authority to agree to the Terms of Use; and

(e) have not been previously suspended or removed from using the Platform.

2.2 User Account

To use certain features of the Platform, you will need to create a user account (each, a ‘User Account’) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You are responsible for providing accurate and up to date information when creating your User Account. We may, in our sole discretion:

(a) limit the number of User Accounts that you may create or maintain;

(b) stipulate additional conditions and requirements for the opening and maintaining of User Accounts; and

1.3 Security

By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials. You agree that you will not share the access credentials of your User Account with a third party or allow any third party to access your User Account. As soon as you are aware of any unauthorised use of your User Account or other breaches of security you must immediately notify us in writing at info@gofitan.com.

1.4 Suspension and termination

We reserve the right to suspend access to or terminate your User Account at any time for any reason (including where you are in breach of these Term of Use), subject to applicable laws. You acknowledge and agree that these Terms of Use continue to apply even after you cease use of the Platform or your User Account expires, is suspended or terminated.

2. MEMBERSHIPS AND PROGRAMS

2.1 Memberships

Gofitan may offer a membership to the Platform on either a monthly, quarterly or annual basis, or for such other periods that Gofitan may offer from time to time, and the applicable fees will be set forth on the Website.

You acknowledge that eligibility for any promotions or discounts is ascertained at the time you purchase a membership and cannot be changed during the term of your membership. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

We reserve the right to revise and update the applicable fees for memberships (including the fees set out on the Gofitan App), and the different membership packages available, at any time in our sole discretion. Any such revision or updates to the fees will apply prospectively to any membership entered into following the effective date of the fee revision or update.

2.2 Free trials

Gofitan may offer a free trial to a membership for a fixed period of time, as determined by us in our sole discretion. Unless otherwise stated by us in respect of specific promotions, free trials are only available to new users of the Platform, and we reserve the right to cancel any free trial immediately if we become aware that the user has already had a free trial on a different User Account or is using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in us restricting, suspending or terminating your User Account.

After the free trial, your membership will renew automatically at the full membership price unless you cancel your membership before the end of the free trial. To cancel your membership during the free trial, please refer to the instructions set out in the Clause 2.4 (Automatic renewal).

2.3 Automatic renewal

If you purchase a membership, it will automatically renew for the original membership period unless you cancel at least forty-eight (48) hours before the end of the current billing period. However, you may cancel your membership at any time by navigating to your profile page and following the prompts to cancel your membership. Upon such cancellation, you will not be entitled to a refund or credit of your membership fees unless required by law, but you will still be entitled to access the membership services on the Platform for the remainder of the duration that you have paid for.

2.4 Cancellation and refund of membership fees

Where you have purchased a membership to the Platform through the Website, you may change your mind and receive a full refund of the amount you have paid for the membership within seven (7) days starting from the day you purchased the membership to the Platform through the Website (the ‘Cooling-off Period’). You acknowledge and agree that:

(a) if you sign up for a free trial, you agree that the Cooling-off Period for the paid membership that you are receiving the free trial in connection with ends seven (7) days after you start the free trial - if you use the Platform during the free trial and don’t cancel the paid membership before the free trial ends, you lose your right of withdrawal; and

(b) if you purchase a membership, the Cooling-off Period is available for seven (7) days after you have paid for the membership, but the Cooling-off Period expires once you use the Platform during that period.

To exercise your right to the Cooling-off Period please email Gofitan at info@gotfitan.com.

Following expiry of the Cooling-off Period, memberships are non-refundable and there is no right to refunds or credits unless required by applicable laws. Although you may notify us of your intention to cancel your membership at any time, such notice will only take effect at the end of your then current membership period, and you will not receive a refund. You will still be entitled to access the membership services on the Platform for the remainder of the duration that you have paid for.

2.5 Programs

After you purchase a program from the Website, you will be granted access to that program via the Gofitan App for the duration of that program period within forty-eight (48) hours from the date of your purchase, provided your purchase falls on a weekday. If you purchase a program from the Website on a Saturday or Sunday, you may not be granted access to that program on the Gofitan App for up to seventy-two (72) hours. Once the program ends, you will still have access to the Gofitan App via your User Account, but you will no longer have access to the program.

At no time will the access period be extended unless you purchase extended access, or after purchasing the program, you discover a physical or medical condition (including pregnancy) that prevents your participation in that program. In that event, you must submit evidence of that condition to us at info@gofitan.com. We will provide you with either a refund or a credit, in our sole discretion, for the portion of the program you are unable to complete. We reserve our right to refuse any changes, refunds or credits requested by you unless you have submitted evidence of your condition to us as soon reasonably practicable following your discovery that you are unable to complete the program. No other refunds or credits are available in respect of a program, including incidental purchases, unused program periods, change of mind, or any similar reason or event, unless required by applicable law.

Upon the purchase of a program by you:

(a) Gofitan grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence to use the program and materials provided therein in accordance with these Terms of Use and solely for your personal use and enjoyment; and

(b) you acknowledge and agree that it is for your use only and you may not authorise any third party to use the program, or other digital product or service supplied by us to you via your User Account.

2.6 Payment details

You can pay for the Fitness Products on the Website either through a credit card, PayPal payment or any other payment method made available by us from time to time.

The price of our Fitness Products, as well as the currency in which it is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Website).

When you purchase any of our Fitness Products, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase our Fitness Products using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the Fitness Products. Gofitan reserves the right to contact the issuing bank and/or payment provider and/or law enforcement authorities or other appropriate third parties if there is any suspicious activity.

In addition to the price you are charged for the purchase of our Fitness Products, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees in addition to the price paid for any of our Fitness Products.

3. USE OF THE PLATFORM

3.1 Unauthorised Use

By using the Platform, you agree that you will not use the Platform for any of the following:

Unlawful Activity

(a) any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Gofitan or its users are bound in any jurisdiction applicable to the access and use of the Platform.

Unauthorised Use

(b) any activity that: (i) interferes with, disrupts, negatively affects or inhibits other users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.

Abusive Acts

(c) any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.

Fraud

(d) any act that: (i) attempts to defraud Gofitan or any other person; or (ii) provides false, inaccurate or misleading information to Gofitan.

3.2 Contributed Content

You acknowledge and agree that:

(a) you are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including but not limited to any information contributed by you in respect of any comments, feedback or ideas that you send to Gofitan) (‘Contributed Content’) and expressly agree not to submit or upload any Contributed Content which: (i) advertises or promotes any services or brands (with respect to you or any third party); (ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal; (iii) you know not to be true and honest, or which spreads false or misleading statements; (iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any third party; (v) impersonates any person or entity or otherwise associates, infers or misrepresents the user’s affiliation with a person or entity; (vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure; (vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files; (viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute ‘spam’; (ix) may expose Gofitan or other users to any harm or liability of any kind; or (x) is contrary to any applicable laws;

(b) Gofitan has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform; and

(c) some of your Contributed Content might continue to be publicly available on the Platform after your User Account is suspended, closed or otherwise terminated, subject to your right to have your Contributed Content removed upon written request in accordance with applicable laws.

If you believe that any Contributed Content violates these Terms of Use or any applicable laws, including any copyright laws, you should report it to Gofitan at info@gofitan.com.

4. AVAILABILITY OF SERVICES, SECURITY

4.1 Availability of Platform

Gofitan will make commercially reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.

You acknowledge and agree that Gofitan will have no liability or be responsible in any way for:

(a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches;

(b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; and

You must immediately notify us if you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.

Users may be required to download and install updates to the Gofitan App so as to maintain access to the Platform and Fitness Products. A user's failure to do so might lead to certain Fitness Products offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.

4.2 Security

You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.

5. INTELLECTUAL PROPERTY, USE LICENCE

5.1 Gofitan’s ownership of the Platform

All of the patents, trade marks, logos, trade names, business names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world whether currently or in future (collectively, ‘Intellectual Property Rights’) in the Platform and the material published on and through it (except the Contributed Content) are owned by Gofitan, its licensors and other third party providers and are protected by applicable laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

5.2 User's licence to use Platform.

You are not granted any right to use, and may not use, any of Gofitan’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

(a) you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and enjoyment and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way without the prior written consent from Gofitan (such consent may be unreasonably withheld);

(b) you may not remove or modify any copyright, trade mark or other proprietary notices that have been placed in any part of the Platform; and

Gofitan reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

5.3 Gofitan’s licence to use Contributed Content.

By posting or otherwise providing Contributed Content, you grant Gofitan a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual, worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide us with such Contributed Content.

6. THIRD PARTY SERVICES AND CONTENT

You acknowledge that the Platform, including the Gofitan App, may contain third party content, including but not limited to software, links to web pages and services of such parties (‘Third Party Content’). Unless expressly stated otherwise, Gofitan does not control any Third Party Content and assumes no responsibility for Third Party Content including material that may be misleading, inadequate, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. Gofitan is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of the Third Party Content. You acknowledge that your use of Third Party Content, and your interactions with third parties, is at your own risk.

You are responsible for reading and abiding by the privacy policies and terms of use related to any Third Party Content and for any dealings with third parties associated with the Third Party Content. Whilst we are not liable for any claims that you may have against the third party provider of the Third Party Content, we will use reasonable efforts to connect you to the third party provider in order to resolve any claim.

7. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

7.1 Limitation of Liability

(a) Nothing in these Terms of Use shall exclude or restrict Gofitan’s liability for: (a) death or personal injury resulting from the negligence of Gofitan or its Related Parties (as defined in Clause 7.1(b)); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under applicable laws; or (d) the indemnities set out in Clause 7.3.

(b) Subject to the foregoing, to the maximum extent permitted by applicable laws: (i) in no event shall Gofitan, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, ‘Related Parties’) be liable for any: (A) indirect or consequential loss; or (B) loss of profit, loss of data, loss of business opportunity, loss of anticipated savings, loss of revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use; and (ii) Gofitan and the Related Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of, the total amount of fees received by Gofitan or the Related Parties from you in connection with your use of the Platform in the twelve (12) month period preceding the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use, and AUD100.00.

(c) To the maximum extent permitted under applicable laws, Gofitan is not responsible or liable for any loss or damage of any sort incurred that results from your use of, or inability to use, the features of the Platform.

(d) If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, including this clause 7.1, excludes, limits or affects your rights as a consumer to rely on such mandatory provisions of law which cannot be excluded or limited.

7.2 Disclaimers

(a) To the maximum extent permitted under applicable laws, the Platform, the Fitness Products and any other product, service or other item provided by or on behalf of Gofitan are provided on an "as is" and "as available" basis and Gofitan expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Gofitan does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

(b) The Fitness Products provided via the Platform are general guides to fitness and weight loss management and we do not provide individually tailored nutrition and exercise advice. The Fitness Products do not take into consideration any medical conditions, injuries, whether your pregnant or breastfeeding, or any other health or medical issues individual to you.

(c) Gofitan does not guarantee any particular outcome as a result of your participation in or use of any Fitness Products.

(d) The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform.

7.3 Indemnification

To the maximum extent permitted by applicable laws, you agree to indemnify and hold harmless immediately upon demand Gofitan and the Related Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense (including reasonable legal fees), in any way arising out of, in relation to or in connection with (directly or indirectly):

(a) your use of, or conduct in connection with, the Platform;

(b) your breach of these Terms of Use or our Privacy Policy;

(d) your violation of any applicable laws;

(e) your infringement of any Intellectual Property Rights of a third party or any other rights of any other person or entity.

You will provide Gofitan and the Related Parties with any assistance that they reasonably request in defending any such action or proceeding.

8. CHANGES AND UPDATES

Gofitan may terminate or modify any feature or part of the Platform at any time without notice. Gofitan may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. If such change is detrimental to your interests, we will provide you with not less than thirty (30) days’ notice prior to making that change where reasonably practicable. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of, or access to, the Platform following any changes to these Terms of Use constitutes your acceptance of those changes.

9. GENERAL

9.1 Contact us

If you have any questions, feedback or complaints, please contact us at info@gofitan.com. Alternatively, you can contact us through Facebook or Instagram.

9.2 Governing law

These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by the laws of New South Wales, Australia. All parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

9.3 Force Majeure

In this clause a ‘Force Majeure Event’ means any event beyond a party’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects a party’s ability to perform its obligations under these Terms of Use, the affected party must contact the unaffected party as soon as reasonably possible to notify the unaffected party that the affected party’s obligations under these Terms of Use will be suspended and the time of performance of the affected party’s obligations will be extended for the duration of the Force Majeure Event.

9.4 Data Privacy

We will only use your personal information as set out in our Privacy Policy (as amended from time to time) available at https://gofitan.com/ and via the Platform.

9.5 Transfers

We may transfer our rights and obligations under these Terms of Use to another entity with prior written notice to you, but this will not affect your rights or Gofitan's obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.

9.6 Severance

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

9.7 Waiver

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

9.8 Relationship of the parties

Nothing in the Terms of Use is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or shall give rise to any fiduciary or equitable duties owed by Gofitan to you.

ADDITIONAL TERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Use:

1. AUSTRALIA

1.1 In this Section 1 (Australia) of these Additional Terms:

(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

(b) Consumer has the meaning given to that term in Section 3 of the Australian Consumer Law; and

(c) Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.

1.2 Where you acquire as a Consumer:

(a) goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted or modified; and

(b) we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms of Use or in any other manner, and the parties agree it is fair and reasonable in all the circumstances for our liability to be so limited.

2. CANADA

2.1 Section 1.1(a) (Eligibility) is replaced with the following:

(a) you are of legal age in your country and not under sixteen (16) years old. In the case where you are resident in a province or jurisdiction where the legal age is eighteen (18) or nineteen (19) years old, you confirm that you are eighteen (18) or nineteen (19) years old or older (as applicable).

3. UNITED STATES OF AMERICA

3.1 Section 1.1(a) (Eligibility) is replaced with the following:

(a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is eighteen (18) years old, you confirm that you are eighteen (18) years old or older.