Fun and Learn (Evershine Enterprises Pty Ltd.)

1. Introduction

• This website or mobile application (such as for iPhone , tablet or Android) is operated by Fun and Learn (Evershine Enterprises Pty Ltd.). Throughout the site, the terms “we”, “us” and “our” refer to Fun and Learn (Evershine Enterprises Pty Ltd.)
• Fun and Learn provides access to gyms, studios and health related product and consumables directly from the seller
• By accessing this Website or mobile application you agree to comply with these Terms and Conditions (Terms) and any other policy which may be posted on the Website now or in the future or that are incorporated into these Terms.
• We reserve the right to update, change or replace any part of the Terms. All amendments will be effective from the date of the amendment and your consent will be derived from your continued use of or access to the Website or Mobile Application.
• If you do not wish to be bound by these Terms you must discontinue accessing, browsing or otherwise using the Website or mobile application.
• You may also be bound by further terms and conditions by applicable third parties at any time.
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2. Fun and Learn

• Fun and Learn platform allows consumers to book classes with a wide range of Businesses across Australia directly from the sellers or any other third party.
• Fun and Learn is not a gym, studio, or similar establishment and does not operate the classes or memberships that you are offered through the Website or mobile application.
• There are a number of ways to use Fun and Learn’s services e.g. via website, mobile App etc and Fun and Learn reserves all of its rights to modify, terminate or amend any services offered at any time and at its sole discretion.
• Fun and Learn offers subscriptions and or 1 time payment packages for its services to its Vendors.
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3. Use of Website

• While using the Website you agree not to:-
  • Use the website for any purpose prohibited by these Terms;
  • Infringe any laws or third party’s rights;
  • Impersonate another person or entity;
  • Provide any information to a third party which is misleading or deceptive, whether by an act or omission;
  • Share information which reasonably identifies another person without their consent;
  • Hinder or interfere or attempt to hinder or interfere with the operation of the Website;
  • Breach these Terms or any policies incorporated into these Terms.
• The headings in these Terms are for convenience only and will not limit or otherwise affect these Terms.
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4. Account and Password 

• You will require an account to use paid services for our Website.
• You agree that the information that you provide to Fun and Learn at the time of creating an account and at all other times during the use of the Website will be true, accurate, current and complete.
• You agree to continue to update any personal information provided to Fun and Learn.
• You are responsible for any activity that occurs under your account including any activity that may be deemed by Fun and Learn or at law as unauthorised.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve
  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.
• Credit card information is always encrypted during transfer over networks.
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5. Fees, Billing and Cancellation
   • We bill via monthly subscriptions or one-time Annual payments to our Vendors as per the plan.
   • We reserve the right at any time to modify, terminate or disable your account (or any part thereof) without notice at any time.
   • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.
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6. Privacy
   • Your personal information will be collected and handled in accordance with Fun and Learn’s Privacy Policy. If you do not provide the personal information requested, you may not be able to create an account on the Website.
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7. Optional Tools

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
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Third-Party LinksCertain content, products and services available via our Service may include materials from third-parties.

8. • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
   • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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9. Disclaimer
   • All aspects of the Website are provided “as is” and “as available” without warranties of any kind either express or implied.
   • To the maximum extent of law, Fun and Learn, on behalf of its suppliers and partners disclaims and excluded all guarantees, warranties, terms and conditions whether statutory, express of implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
   • Fun and Learn does not warrant or make any representations:
     • Regarding the adequacy or safety of any recommendation;
     • That the Website will be uninterrupted or error-free, that defects will be corrected or that the site and any downloaded software, consent, service or applications made available in conjunction with or through the site or the server that makes them available are free of virus or other harmful components; or
     • that the content or services that may be obtained from the Website will be accurate or reliable.
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10. Limit of Liability

• In no case shall Fun and Learn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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11. Indemnification

• You agree to indemnify, defend and hold harmless Code for Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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12. Severability

• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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13. Termination

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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14. Entire Agreement
    • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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15. Governing Law

• These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.
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16. Contact Information

• If there are any questions regarding these Terms and Conditions, please reach out to us using the information located on our Contact Page.