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    TERMS & conditions

    Terms and Conditions – Gyymi Pty Limited, Australia

    Acceptance of these Terms and Conditions (the “Terms”) constitute a legally binding agreement (the “Agreement”) between you and Gyymi Pty Limited (“Gyymi”) with ABN 416 2466 5934 and govern your use and access to the Gyymi website, mobile and/or tablet application and all Gyymi’s related services (collectively, the “Gyymi Platform”).

     

    Important Note: Gyms are responsible for ensuring compliance with any laws, rules and regulations pertaining to their services. Gyms are responsible for citing any required registrations, permits and/or licenses of Personal Trainers using their services and undertake to ensure that their own registration, permits and licenses are current before providing any services through the Gyymi Platform.

  • 1. Definitions

    "Gyymi.com", “Gyymi” "us", "we" or "our" means Gyymi Pty Ltd a limited liability company incorporated under the laws of New South Wales, Australia, with ABN 416 2466 5934. "Gyymi Platform" means the website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Gyymi.

    • “PT”, “Personal Trainer” means qualified person with a cert 3 or 4 or equivalent certification.
    • “Gym” means a commercial space providing for activities relevant to the fitness industry and supporting the services of Personal Trainers with their clients, including a variety of specialist exercise equipment, safe and secure premises to train in etc.
    • “Gym Services” means all services and facilities offered by a Gym on the Gyymi Platform for a set Session fee per hour.
    • “Images” includes pictures, animations or video’s;
    • Registered Users means all registered users on the Gyymi Platform
    • Sessions – means an allocated block of time set by the Gyms (eg: 30min, 60min, 90min etc) made available for Personal Trainers to book on the Gyymi Platform, for the purposes of training their clients at that gym for the booked session time or times.
    • “Total Fee” All applicable fees, including the Session Fee, booking fee, transaction and credit card fees, Security Deposit (if applicable), and any applicable Taxes and insurances.
  • 2. The Gyymi Platform

    1. Platform enables registered users comprising Personal Trainers (“PT’s”) who reserve and use gym space offered by gym owners (“Gyms”) who offer services (“Gym Services”). The Gyymi Platform facilitates communication of service requests between PT’s and Gyms. Gym Services include offering of gym space facilities for single session or multiple session use.
    2. Gyymi is the provider of the Gyymi Platform and does not supply, own, provide, control or manage any Gym Services. all Gym Services are provided by independent third parties who are not agents of Gyymi or any of its affiliates. Where reservations are made, registered PT’s and Gyms (together “Registered Users”) are entering a contract directly with each other. Gyymi is not and does not become a party to or other participant in any contractual relationship between the Registered Users, nor is Gyymi an insurer. Save for those situations set out in the Payment Terms, Gyymi is not acting as an agent in any capacity for a Registered User.
    3. Gyymi cannot influence or take any responsibility for the quality or defects of the service. For this reason, Gyymi is unable to guarantee consistently accurate and faultless provision of Gym Services. Registered User’s should take care when deciding whether to use a Gym and/or accept a booking request from a PT or communicate and interact with other Registered Users. Descriptions and images appearing on the Gyymi Platform are a guide only and not an endorsement by Gyymi of any Gym or Gym Services.
    4. If you use the Gyymi Platform as a Gym, the relationship between you and Gyymi is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Gyymi for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Gyymi. Gyymi does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Gym Services. You acknowledge and agree that you have complete discretion whether to list Gym Services or otherwise engage in other business or employment activities.
    5. The Gyymi Platform will include links to various external website’s or resources which are independent to the Gyymi Platform (“Third Party Content”). The Third Party Content is external to the Gyymi Platform and Gyymi is not responsible or liable for the Third Party Content.
    6. Gyymi reserves the right restrict availability to the Gyymi Platform and cannot guarantee continuous or uninterrupted access. Access may be interrupted due to restrictions to internet availability, capacity limits being reached or routine maintenance and modification.
  • 3. Use of the Gyymi App

    1. Use of the Gyymi Platform may require installation of the software and registration of a user account. During the installation, your mobile number is linked to your user account and added to the database.
    2. Registered Users must be at least 18 years of age to register, access and use the Gyymi Platform. By accessing or using the Gyymi Platform you warrant that you are 18 or older and are authorised to enter into a legally binding contract.
    3. Your access and use of the Gyymi Platform constitutes your agreement to be bound by these Terms and Conditions and establishes a contractual relationship between you and Gyymi. If you do not agree to these Terms and Conditions, you may not access or use the Gyymi Platform and services. These Terms and Conditions expressly supersede prior agreements or arrangements with you.
    4. As a Registered User, you are responsible for the security of your user name and password for the Gyymi Platform. Gyymi may assume that anyone using a Registered User's user name and password is authorised by the user to do so. You must notify Gyymi immediately on becoming aware of any unauthorised use of your user name or password or of any other security breach in connection with the Gyymi Platform.
    5. As a Registered User, you must provide accurate, current and complete information during the registration process and keep user account and public Gyymi profile page information up-to-date at all times. If you are registering a user account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant Gyymi all permissions and licenses provided in these Terms.
    6. You may not register more than one (1) Gyymi account of each type (Gym and/or PT) unless Gyymi authorises you to do so. You may not assign or otherwise transfer your Gyymi Account to another party.
    7. When using the Gyymi Platform, you can choose whether you wish to pay for the Gym Services using a credit or debit card.
    8. Gyymi has no obligation to any Registered User to assist or involve itself in any dispute between users, although may do so at its own discretion.
    9. Any questions or complaints can be sent to our support team via email: support@gyymi.com
  • 4. Terms for Gyms

    1. When using the Gymmi Platform you must take care to publish Gym Services (“Profile(s)”) by complying with the following criteria:
    • Providing precise, accurate and factual information about your Gym Service (ie. information includes: Listing description, facilities, equipment, location, availability etc.);
    • Disclosing all applicable limitations, restrictions and requirements that apply to your Gym Services (ie. gender specific Gym Services, age restrictions, access restrictions etc.)
    • You may not provide the details of more than one Gym Service per Listing;
    • Images used in your Listings must accurately reflect the quality and condition of your Gym Services.

    Gyymi reserves the right to request that you alter your listing and add/remove information / limitations / images to ensure conformity with the Gyymi Platform, this right falls solely within the discretion of Gyymi.

    1. You warrant that any Listing for Gym Services will not breach any agreement you have entered with any third parties and will comply with all applicable laws (ie. zoning laws and tax requirements). You also warrant that you have all required permits, licenses and registrations necessary to provide the Gym Services.
    2. the default ranking in search results is created through a complex ever changing and evolving system (algorithm) that considers a multitude of criteria in order to match PT’s and Gym Services in an optimal way. You acknowledge that the actual ranking will be different for each search as there are many criteria included.
    3. Your acceptance of a booking by a PT means that you agree to enter into a legally binding agreement with that PT and are required to provide the Gym Services set out in your Listing. Your Acceptance is also an indication that you agree to pay Gyymi the agreed fee and all applicable Government Taxes applicable to your Gym.
    4. Pre-populated Listing prices are an indication only, Gyms are solely responsible for setting their own prices for their Listings. Upon confirmation of a booking, prices cannot be altered in any way.

    As a Gym, you are required obtain and keep current the appropriate insurance cover which is legally required in the Country/State where your Gym is located at all times whilst using the Gyymi Platform. Accordingly, you warrant that you are appropriately covered and will ensure that you will remain appropriately covered at all times whilst you are a Registered User. For further terms relating to insurance, refer to Clause 10.

  • 5. Terms for Personal Trainers

    1. By becoming a Registered User of the Gyymi Platform, as a PT you warrant that you are appropriately qualified and/or certified to provide the services which you are offering as a personal trainer on the Gyymi Platform, in accordance with the legal requirements applicable in the country in which you will provide the services / use the Gyymi Platform. You further warrant that you carry all required certificates (ie. CPR / first aid certificates) required to provide the services you offer as a Personal Trainer. Provision of all documentary evidence to prove currency of your qualification may form part of the verification process and Gyymi and/or the Gyms reserve the right to request these at any time.
    2. Gyymi reserves the right to complete any verification processes prior to enabling you to book a listings. Once verified, you will be able to follow the booking process to reserve the Gym Services offered by Gyms. The Total Fee will be presented to you at the time of booking. You agree to pay the Total Fee for all bookings made in connection to your Gyymi user account.
    3. A confirmed booking of a Gym serves as a license granted by the Gym to you to make us of the Gym Services for the duration of your booking. The license is limited to the duration of the booking. You acknowledge that the license is non-exclusive and the Gym may allow for shared use of Gym Services, at it’s sole discretion.
    4. By booking Gym Services through the Gyymi Platform, you enter into a direct (legally binding) contractual relationship with the Gym with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your booking, we act solely as an intermediary between you and the Gym, transmitting the relevant details of your booking to the relevant Gym(s) and sending you a confirmation for and on behalf of the Gym. Gyymi does not (re)sell, rent out or offer any product or service. Gyymi will collect the Total Fee at the time of booking or upon the Gym’s confirmation.
    5. As a PT, you are required to ensure that all your clients meet any requirements set by the Gym and are made aware and agree to any terms and conditions set by the Gym (ie. Age, Gender etc.).
    6. If you are booking for a client who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. PT’s with minor clients may only book Gym Services where those minor clients are accompanied by a parent or guardian.
    7. Your booking has a start time and an end time, you agree to leave the Gym by no later than the end time or such other time as agreed between you and the Gym. Should you stay past the end time without the Gym’s consent, your license will have expired and the Gym is entitled to charge you for the extra time to extend your license. You authorise Gyymi to charge you to collect fee’s for license extensions.
    8. You warrant that any insurance cover which you are legally required to obtain is current at the time of booking the Gym Service. You accept that Gyms and Gyymi may request, and you will provide, certificates of currency of your insurance and that your verification may be affected should you not provide satisfactory evidence of your compliance with this clause 4.8. For further terms relating to insurance, refer to Clause 10.
  • 6. Gyymi Credit Card and mobile payment conditions

    1. As a user of the Gyymi Platform you can pay for the Gym Services (and any fees or levies payable in respect of the Gym Service or the Gyymi Platform) with a debit card or credit card payment, which requires the prior activation of the debit card or credit card data within the Gyymi Platform. The use of credit and debit card payments are subject to these terms and conditions.
    2. Gyymi Pty Ltd may charge fees to Gyms and/or PT’s (together, "Service Fees") in consideration for the use of the Gyymi Platform.
    3. Gyymi reserves the right to change the Service Fees at any time by providing adequate notice.
    4. When making credit or debit card payments, the receiver of the payment is Gyymi Pty Ltd, who pays the Gym. You agree that payments to Gyymi Pty Ltd are facilitated by Stripe Payments Australia Pty Limited.
    5. By using the Gyymi Platform and providing any financial information, you agree to be bound by the Stripe Service Agreement, https://stripe.com/au/ssa
    6. For debit card and credit card payments, Gyymi Pty Ltd may charge a service fee for each payment that is added to each gym booking. The service fee is for Visa / MasterCard service fees. The amount of the service fee is displayed in the Gyymi Platform. Your bank may make additional charges for use of your credit or debit card (which are not shown in the mobile app).
    7. When offering debit card and credit card payments, Gyymi collects the payment for the Gyms. Your payment shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into the Gyymi bank account.
  • 7. Privacy

    Gyymi’s collection and use of personal information relating to your use of the Gyymi Platform is described in our Privacy Policy.

  • 8. Acceptance, Cancellation, Modification or Refunds

    1. You agree to make arrangements for use of a Registered User’s Gym only through the Gyymi Platform.

    2. Gyymi may cancel a booking for Gym Services if it is unable to take a pre-authorisation on Your Card or unable to collect payment instalments that are payable for a long-term booking. Further to this, in certain circumstances, Gyymi may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions

    3. In the event that a PT cancels a booking, charges for cancelled / unused time may apply.

    3.1.1. Cancellations can be made free of charge up to 24 hours before a gym session starts.

    3.2.2. If a PT cancels the booking outside the above period, that time is subject to the cancellation policy outlined below:

    TIME OF CANCELLATION

    Less than 24 hours before the gym session start time

    Over 24 hours before the gym session start time.

    FEE

    No refund

    Only the booking fee and credit card processing fee will be charged

    4. Gyymi may at its sole discretion, keep the calendar for the Gym Services unavailable or blocked for the dates of the cancelled booking, and/or impose a cancellation fee, in instances where the Gym doesn’t have a legitimate reason for cancelling the Gym Session.

  • 9. Property Damage

    1. As a PT, you accept full responsibility for leaving the Gym (including any personal or other property located inside the Gym) in the condition it was in at the start of your session. You are responsible for your own acts and omissions and also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to.
    2. Registered Users agree to cooperate with Gyymi to provide information and take such actions as may be reasonably necessary, in connection with any claims or other complaints.
    3. Registered Users agree that Gyymi may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for. You agree to cooperate with and assist Gyymi in good faith, and to provide all necessary information, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Gyymi may reasonably request.
  • 10. Insurance

    1. It is a requirement of Gyymi that all Registered Users obtain and keep current the appropriate insurance cover which is legally required at all times whilst using the Gyymi Platform. Accordingly, you warrant that you are appropriately covered and will ensure that you will remain appropriately covered at all times whilst you are a Registered User, for avoidance of doubt, this clause will extend to both Gym’s and PT’s.
    2. Gyymi or any Registered User with whom you interact may at any time request, and you will provide, certificates of currency of your insurance.  You understand that your verification may be affected should you not provide satisfactory evidence of your compliance with this clause.
    3. Gyymi may at it’s sole discretion offer Registered Users the opportunity to obtain insurance through use of the Gyymi Platform. Any opportunity to obtain insurance will be offered by a third party and not by Gyymi directly. All insurance policies are third party services and subject to further terms by those respective third parties.
    4. Gyymi requires every user to make its own enquiries about whether any insurance offering contained on the Gyymi Platform is appropriate and does not represent that any insurance it acquires, or which is offered is adequate or appropriate.
    5. In certain circumstances, Gyymi may take out insurance itself and that insurance may at time’s extend cover to some Users to ensure that they meet the insurance requirements under this Clause 10. Gyymi reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. Where relevant, policy documents extending to Registered Users will be accessible on the Gyymi Platform.
    6. In the Event you make a claim under a Gyymi policy and the insurance taken out by Gyymi provides cover. Gyymi may make a claim under any applicable policy and if the claim is successful, Gyymi reserves its right to recover any excess or deductible payable in respect of the claim from the Registered User.
    7. You acknowledge and agree that where you make a claim relating to any Gym Services arising from use of the Gyymi Platform and the insurance taken out by Gyymi (if any) does not provide cover for the claim (for whatever reason) Gyymi will not be liable for payment of any losses incurred by you.
  • 11. Liability

    1. To the extent permitted by law, you agree that the entire risk arising out of your access to and use of the Gyymi Platform and the resultant use of a Gym and or allowing access to a PT remains with you. Gyymi’s directors, officers, representatives, employees, subsidiaries, affiliated companies, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the Gyymi Platform and its contents will not be liable for any:

    1.1.1. incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services.

    1.1.2. inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Registered Users as made available on the Gyymi Platform.

    1.1.3. services rendered or products offered by the Registered Users.

    1.1.4. Injury (incl. personal injury), death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to acts (incl. legal acts), errors, breaches, negligence (incl. gross negligence), wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Registered Users.

     

    2. Gyymi is not responsible (and disclaims any liability) for the validity, use, suitability, quality and disclosure of the Gym Services and does not warrant the state and/or suitability for a particular purpose. You acknowledge and agree that the relevant Gym is solely responsible and assumes all responsibility and liability in respect of the Gym Services. Gyymi is not a (re)seller of the Gym Services. Complaints or claims in respect of the Gym Services are to be dealt with by the Gym and the PT directly. Gyymi is not responsible for any liability in respect of such complaints, claims, and liabilities.

  • 12. Indemnification

    1. You hereby agree to release, protect, indemnify, defend and hold harmless Gyymi and its affiliates and their respective officers, employees and agents from all claims, losses, damages, costs (including legal costs), expense and liabilities of every kind and nature resulting from:

    1.1. loss of or damage to owned or rented property, facilities, material, equipment and/or tools arising directly or indirectly out of or in connection with the use of the Gyymi Platform;

    1.2. personal injury, including fatal injury and disease, arising directly or indirectly out of or in connection with the use of the Gyymi Platform;

    1.3. your interaction with any user, participation in Gym Services or completion of any session, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use.

    1.4. your breach of these Terms or any Gyymi policies or standards as updated from time to time;

    1.5. your improper use of the Gyymi Platform or any Gyymi Services; or

    1.6. your breach of any laws, regulations or third-party rights without regard to the cause or causes thereof, including, without limitation, the fault or negligence (whether sole, concurrent, active, passive or otherwise) or breach of duty (statutory, contractual or otherwise) of either party or any other person or entity.

  • 13. Disclaimer

    1. To the fullest extent permitted by law, the Gyymi Platform, its content and functionality is provided on an 'as is' and 'as available' basis. Gyymi and its Affiliates do not represent, warrant or guarantee that access to the Gyymi Platform will be uninterrupted or error free.
    2. By uploading photos/images onto the Gyymi Platform you grant Gyymi a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images in Gyymi’s sole discretion. You certify, warrant and agree that you own the copyright to the photos/images and you agree that Gyymi may use the uploaded photos/images on the Gyymi Platform, and in (online/offline) promotional materials and publications and as Gyymi at its discretion sees fit.
  • 14. Apple App Store Provisions (IOS)

    1. Where use of the Gyymi Platform is undertaken through the app and has been acquired from the Apple App Store. You acknowledge that the agreement for use of the Gyymi Platform is between you and Gyymi only, not Apple, Inc. (Apple). You further acknowledge that Apple has no responsibility for the App or content thereof and that your use of the App must comply with the App Store Terms of Service.
    2. You agree to Apple’s Licensed Application End User License Agreement
  • 15. Google Provisions

    1. Where use of the Gyymi Platform is undertaken through the app and has been acquired from the Google Play Store. You acknowledge that the agreement for use of the Gyymi App is between you and Gyymi, not Google, Inc. (Google). Your use of the Gyymi Platform must comply with the Google Play Store Terms of Service.
    2. Some areas of the Gyymi Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
  • 16. Intellectual Property and Content Provisions

    1. Gyymi reserves the right to enable Registered Users to upload, create, send, post, store and receive content, such as pictures, text or video through the Gyymi Platform ("User Content"). Once the User Content is on the Gyymi Platform, Gyymi may (ii) view, access and use User Content at its sole discretion.

    2. All Gyymi Platform users grant Gyymi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to any User Content submitted by uploading, posting, creating, sending, receiving, storing, or otherwise making available through the Gyymi Platform. Gyymi may use, store, access, modify, copy, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content.

    3. You represent and warrant that you are the sole and exclusive owner of all User Content made available through the Gyymi Platform, or that you have all rights, licenses, consents and releases that are necessary to grant to Gyymi the rights in and to such User Content.

    4. You agree to not submit any User Content that:

    • promotes illegal or harmful activities or substances;
    • is pornographic, defamatory, vulgar or offensive;
    • is misleading, fraudulent, false or deceptive;
    • promotes racism, discrimination, harassment, harm or hatred against any individual or group; or
    • is violent or threatening to any other person or animal;

    5. Gyymi reserves the right to remove or disable access to any User Content that Gyymi finds to be in violation of these Terms or or otherwise may be harmful to Gyymi, its Users, third parties, or property.

    6. In addition to the User Content, the Gyymi Platform comprises Gyymi content which may wholly or partly be protected by copyright, trademark, and/or other laws of Australia and other any other countries where the Gyymi Platform is used.

    7. As a Registered User, you agree that the Gyymi Platform, comprising of both Gyymi Content and User Content including all associated intellectual property rights, are the exclusive property of Gyymi and/or its licensors or authorizing third-parties. You undertake not to change, alter or remove any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Gyymi Platform. All trademarks, trade names, logos and/or service marks of Gyymi are trademarks or registered trademarks of Gyymi in Australia and abroad.

    8. Trademarks, trade names, logos or service marks and any other proprietary designations of Registered Users or third parties which are used on or in connection with the Gyymi Platform are used for identification purposes only and may be the property of their respective owners.

    9.You are not entitled to copy, scrape, adapt, publish, promote, market, integrate, utilize, combine, modify sell, publicly display, distribute or otherwise use the content (including any translations thereof and reviews on the Gyymi Platform) or our brand without the express written permission of Gyymi. No licenses or rights are granted to you by implication.

    10. The Gyymi Platform is made available for purpose of booking Gym space only. you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on the Gyymi Platform for any commercial or competitive activity or purpose.

    11. Subject to your compliance with this Part 16, Gymmi hereby grants a limited a limited, non-exclusive, non-sublicensable, revocable, non-transferable license for the content contained on the Gyymi Platform for the following purposes:

    11.1.1. To download and use any version of the Gyymi Platform on your personal / mobile device; and

    11.1.2. To access and use content made available to you on the Gyymi Platform for your own personal, non-commercial use.

  • 17. Rating And Reviews

    1. Both PT’s and Gyms will be given the opportunity to leave public reviews about each other within a limited timeframe following the completion of a session (“Review”). Reviews may be uploaded onto a Registered User’s information page for the sole purpose of informing (future) customers / clients of your opinion of the service and quality of that relevant user. Reviews may also (wholly or partly) be used and placed on the Gyymi Platform at the sole discretion of Gyymi (e.g. for marketing, promotion, or improvement of our service), Reviews may also be placed on other Platform’s or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Gyymi.
    2. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Gyymi. Ratings and Reviews are not verified by Gyymi for accuracy and may be incorrect or misleading.
    3. Registered Users may not manipulate Reviews or the Review system in any manner.
    4. Ratings and Reviews by Gyms and PT’s must not contain any offensive or defamatory language.
  • 18. Term, Suspension and Termination

    1. Gyymi may terminate your account and this Agreement at any time for any reason. You may terminate this Agreement at any time by sending us an email.

    2. Termination of this Agreement does not affect any booking that has been confirmed between Registered Users. If a booking is confirmed, you must comply with the terms of This Agreement until the booking has concluded, including providing the Gym Services or paying the agreed price as applicable.

    3. Where your account or this Agreement has been terminated or this Agreement are terminated by Gyymi (for any reason), then you may not without Gyymi’s prior written consent (in its absolute discretion) create any further accounts with Gyymi.

    4. In addition to the above, Gyymi may take any of the following measures for any reason (in it’s sole discretion):

    4.1. temporarily or where deemed appropriate, permanently suspend your Gyymi account and stop providing access to the Gyymi Platform;

    4.2. cancel any pending or confirmed bookings;

    4.3. refuse to post, delete or delay posting any User Content, Ratings, Reviews, or other Registered User content;

    4.4. limit your access to or use of the Gyymi Platform;

    5. Sections 6 (payment terms), 11 (Limitation of Liability) and 19 (Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

    19. Dispute Resolution / Agreement to Arbitrate

    1. In the event of a dispute arising with between Registered Users, You must co-operate with the other user and make a genuine attempt to resolve the dispute.
    2. Gyymi may hold any fee’s for booking which are subject to a dispute in escrow, until the dispute has been resolved.
    3. Gyymi may in its absolute discretion, assist Registered Users in the dispute resolution process. Where Gyymi is involved, you must co-operate with any investigation undertaken by Gyymi and comply with a final determination.
    4. If you have a complaint about Gyymi please contact us at support@gyymi.com
    5. If there is a dispute between the You and Gyymi relating to or arising out of this Agreement, you must meet and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussion with Gyymi within a reasonable time
    6. Agreement to Arbitrate. If a dispute cannot be resolved in accordance with Clause 18.5, you and Gyymi mutually agree that any dispute or claim in relation to these Terms or to the use of the Gyymi Platform will be settled by means of arbitration (the “Arbitration Agreement”).
    7. This Arbitration Agreement shall apply if your country of residence is in Australia or if your Country of Residence is not in Australia, but you bring any claim against Gyymi in the Australia.
    8. You agree for the Dispute to be referred to arbitration in accordance with, and subject to, the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration rules.
    9. You agree to submit yourself to the Arbitration Rules and further agree to adhere to the settlement procedure(s) within the Arbitration Rules.
    10. You agree to treat all matters relating to an Arbitration under this Agreement as Confidential unless otherwise specified per the explicit direction of the Arbitration Rules and/or the Arbitrator.
  • 20. Variation of these Terms

    1. Gyymi reserves the right to change, modify or edit these Terms and Conditions at any time in accordance with this Clause. Any changes will be posted on the Gyymi Platform together with the date on which the last changes were made. Registered Users will receive email notification of any changes by email at least thirty (30) days before the date they take effect. Registered Users who disagree with the revised Terms, may terminate this Agreement with immediate effect. Gyymi will inform Registered Users about the right to terminate the Agreement in the notification email. If the Agreement is not terminated before the date the revised Terms become effective, continued access to or use of the Gyymi Platform will constitute acceptance of the revised Terms and Conditions.

    21. Applicable Law and Jurisdiction

    1. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Australian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in New South Wales, Australia.
    2. If any provision contained in these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.