Welcome to The Academy! We are passionate about physical, mental and social development. We want to help you be better, do better and get rewarded.
These terms and conditions (Terms) are entered into between The Academy App Pty Ltd trading as The Academy ABN 44 643 549 035 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.
We provide a well-being ecosystem platform where businesses that cater to better physical, mental and social development (Academy Partners) and individuals looking to get rewarded for managing their overall health and well-being through leading a positive lifestyle (Customers) can connect and transact (Platform). The Platform is available via theacademyapp.com and other channels or addresses including our mobile application and our application programme interfaces.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Academy Partner; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Eligibility
To use the Platform, you must be at least 13 years of age. If you are under the age of 18, you must have the consent of a parent or guardian to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.
Acceptance
You accept these Terms by registering on the Platform or using the Platform or the services.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use 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.
Platform summary
The Platform is a marketplace where Customers can earn points for completing certain tasks as set out on the Platform and use points to claim discounts on goods or services offered by Academy Partners. We provide the following services (including hosting and maintaining the Platform) to users via the Platform (together The Academy Services):
Goods and services in our in-app marketplace are provided by third-party businesses (Academy Partners). These businesses are solely responsible for the delivery, quality, and safety of their goods and services. We are not responsible for any loss or damage caused by these businesses.
Customers and Academy Partners may enter into separate written agreements in relation to the goods or services.
Customer Accounts (applicable to Customers only)
To access the Platform’s features, you must register on the Platform and create an Account (Account).
You must provide basic details when registering for an Account including your name and email address. You may add a profile photograph to your Account. We will ask you to grant us permissions as set out on the Platform including permissions to access your location, health data and send you notifications. We require you to grant us permissions to track your progress, award you points for completing tasks as set out on the Platform and notify you of your achievements. You can connect and sync your favourite health application that tracks your health metrics (such as Fitbit, Garmin, Samsung Health, Google Fit and Apple Health) to your Account so we can reward your activity. You may connect and sync a new health application or remove an existing one at any time. You must create a password to complete the Account registration process.
As the Platform allows you to sync your health app data from third-party health applications, you acknowledge that by syncing your data, you grant us permission to access, process, and store your health app data to provide you with Platform functionality, including tasks, challenges, and rewards.
You may also register for an Account using your Google or other social media network accounts (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including your current profile photo and other basic information.
When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership including a free or premium Membership with different services including different ways to earn points and different membership periods as set out on the Platform.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
Your Account is personal and you must not transfer it to others, except with our written permission.
Academy Partner Accounts (applicable to Academy Partners only)
You must request to register for an Account and if approved, create an Account to access the Platform’s features.
You must provide basic information when requesting to register for an Account including your business name, ABN, contact name and email address. We will review your request for an Account before approving the request. We may use third parties such as Equifax to verify your ABN and business. We may request additional information, including information to confirm that your business aligns with one or more of our three core pillars (physical, mental and social) of well-being. If you do not provide us with information we reasonably request, we may refuse to provide you with an Account. If you provide us with any information which indicates that your business is not legitimate or does not align with our core pillars, we may refuse to provide you with an Account. We also reserve the right to refuse any application for an account at our sole discretion.
You acknowledge that filling in your account details and applying for an account, does not guarantee successful verification. Only upon being successfully verified will you have unrestricted access to the App.
Your Account information will be used to create a profile which you may then curate to include further details about your business such as photographs, a description of your business and your business address (if applicable).
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
We may make access to and use of the Platform subject to conditions or requirements, including verification, cancellation history and quality of the goods or services.
Depending on the Membership you select, you may have access to de-identified aggregated analytics to help you understand and analyse anonymous customer behaviour including customer purchasing habits and patterns via your Account.
Academy Partner Offers (applicable to Academy Partners only)
An Academy Partner wanting to provide discounts for goods or services must create an Account and post an accurate and complete description of the goods or services the Academy Partner can provide including the physical address of the Academy Partner’s physical store (if applicable), the regular retail price for the goods or services, the discount value, validity period and the type of discount offer (whether the discount is redeemable digitally or physically in store) (Offer).
You must include all additional terms and conditions relating to their goods or services in the relevant Offer or must clearly state that there are additional terms and conditions.
You may be able to post several Offers and have several Offers available at the same time through the Platform.
By creating an Offer, you confirm that you are legally entitled to and capable of supplying the discount and goods or services for the validity period as described in the Offer.
You acknowledge that Businesses (Academy Partners) selling goods or services on the Platform must provide fair and honest Offers and take full responsibility for the delivery and quality of their goods and services. Businesses may be held liable for any loss or damages incurred by The Academy App due to false or misleading content, or failure to meet our guidelines for providing a safe and valuable marketplace for our users.
Earning points (applicable to Customers only)
We will reward you with points for completing tasks and challenges as set out on the Platform. You may accumulate points and view your points balance via your dashboard on the Platform. You may use your points to claim and redeem Offers.
We may run monthly competitions, where you have the opportunity to win cash and non-cash prizes. Participation in these competitions is subject to additional rules and restrictions, which will be made available in the Platform or on our website.
You cannot transfer, sell or give your points to other Customers under any circumstances.
We reserve the right at any time without notice to refuse to reward you with points or prizes, reverse any points or terminate your Account if you use the Platform or points for any unlawful purposes, fraudulently accumulate points, engage in any kind of hacking, tampering, misuse or abuse of the Platform to be rewarded with points automatically or to interfere with the operation of the Platform.
Claiming and redeeming Offers (applicable to Customers only)
If, as a Customer, you wish to claim an Offer, you must (1) review the Offer; (2) have sufficient points in your Account to claim the Offer; (3) claim the Offer in exchange for the amount of points as set out in the Offer. Following the successful exchange of points for the Offer, the Offer will become available in your wallet and you can then redeem the Offer from an Academy Partner.
You acknowledge and agree that before claiming an Offer it is your responsibility to check the details of the Offer including the validity period of the Offer.
Your wallet will display the Offers you have successfully claimed where the last date in the validity period as set out in the Offer has not yet passed (Active Offers), Offers you have successfully redeemed in accordance with the terms and conditions of the Offer and below clause (Redeemed Offers) and Offers you have successfully claimed but not yet redeemed and the last date in the validity period as set out in the Offer has passed (Expired Offers).
Subject to the terms and conditions of the Active Offer, you may redeem an Active Offer in your wallet in one of the following ways: (1) you may redeem a physical Active Offer by presenting the discount code in the Active Offer to the Academy Partner at their physical store address described in the Active Offer; (2) you may redeem a digital Active Offer by entering the discount code in the Active Offer when purchasing goods or services as set out in the Active Offer via the Academy Partner’s website; or (3) you may redeem a digital Active Offer by placing an order for the goods as set out in the Active Offer via the Platform.
You cannot for any reason, unless otherwise agreed to in writing with us or an Academy Partner, redeem an already Redeemed Offer or an Expired Offer.
Purchase of goods from an Academy Partner through the Platform
A Customer may redeem an Active Offer by placing an order on the Platform to purchase the goods as set out in the Active Offer. Any order placed through the Platform is an offer by the Customer to purchase a particular good or goods from the Academy Partner for either the points or price notified (plus the delivery or other applicable charges and taxes) at the time the Customer places the order.
As a Customer, when you make a purchase, you will be asked to input basic contact information such as your name, email, delivery address, billing address and payment details.
By placing an order, a Customer is accepting the additional terms and conditions of the relevant Academy Partner outlined in the Active Offer.
An Academy Partner may, at its absolute discretion, accept or reject an order. An Academy Partner will endeavour to notify the Customer of a rejection at the time of the order or within a reasonable time thereafter.
Each order that an Academy Partner accepts results in a separate binding agreement between the Academy Partner and the Customer for the supply of goods in accordance with the Academy Partner’s terms and conditions.
It is the Customer’s responsibility to check the order details, including selected goods and pricing, before submitting the order through the Platform.
When the Customer orders and pays on the Platform and the payment by the Customer has been validated, the Academy Partner will provide the Customer with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
Academy Partners are responsible for the delivering goods to Customers to the delivery address in the Customer’s order. Customers are responsible for delivery costs which are set out on the Platform.
Payment
Memberships and Subscription details
Once you have created an Account, you may choose a free Membership and use the Platform for free or you may choose a premium Membership.
If you choose a premium Membership, you agree to pay the membership fee set out on the Platform (Membership Fee) to access/use certain features on the Platform and benefit from your Membership. Your membership will last for the period specified on the Platform, either on a month to month basis (Month to Month Membership) or for a set term (Set Membership).
To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
The Membership Fee will be charged upfront on a monthly basis for Month to Month Memberships and Set Memberships on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.
Month to Month Memberships automatically continue until cancelled in accordance with the cancellation clause below.
If you do not cancel your Set Membership in accordance with the cancellation clause below, it will be renewed for the same term at the end of your current Set Membership term. We will notify you 30 days prior to the end of the current Set Membership term.
We may modify our Memberships and the Membership Fees from time to time. For Month to Month Memberships, any price changes will apply to you no earlier than 30 days following notice to you. For Set Memberships, the price changes will apply to you no earlier than the start of your renewed Membership. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
Cancelling Memberships
You may cancel your Membership at any time in the Account page / manage Memberships (or similar) section of your Account settings.
The cancellation will apply to the next month for Month to Month Memberships or the next term of the Set Membership if you cancel your Membership at least 7 business days before the next Payment Date.
If you cancel your Membership less than 7 business days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month for Month to Month Memberships or the next term for Set Memberships.
Placing an order (only applicable to Customers paying for goods through the Platform)
As a Customer, you agree to pay the relevant fees set out in the Offer (Offer Fees) plus any applicable costs including delivery costs as set out on the Platform (together with the Purchase Price) at the time you place an order through the Platform.
Only once the Purchase Price is paid in full will the goods be dispatched from an Academy Partner to a Customer.
In consideration for providing the Platform and processing payment for orders on behalf of Academy Partners through our payment processor, we may charge Academy Partners a percentage of the relevant fees set out in the Offer (Service Fee) as set out on the Platform.
If you are an Academy Partner, you appoint us as your limited payment collection agent solely for the purpose of accepting the Purchase Price from the relevant Customer. As an Academy Partner, you agree that we will not be required to pay you any amount until we have received the Purchase Price from the relevant Customer and until we have received a receipt evidencing that you have dispatched the good/s to the relevant Customer, that we may deduct our Service Fee from any Purchase Price we receive and that we may grant refunds to Customers in accordance with these Terms.
General
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
Communication
We may contact you via the Platform about our services using in-Account notifications, or via off-Platform communication channels, such as text message or email.
As a Customer we may also communicate with you to send you promotional information about our services, information from Academy Partners and information that we consider may be of interest to you.
Content
We may allow you to (1) post, upload, publish, send or receive relevant content and information, (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (The Academy Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific health needs, objectives or circumstances, and is not advice. The Platform and Content is not a health service or health advice. You cannot rely on it as such. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Warranties
You represent, warrant and agree that:
Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Customer, the goods and services provided by an Academy Partner may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
This clause will survive the termination or expiry of these Terms.
Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
This clause will survive the termination or expiry of these Terms.
Termination
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
These Terms will terminate immediately upon written notice by you, if we:
Upon expiry or termination of these Terms:
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify
Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
General
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or an Academy Partner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint in relation to our services or an Offer on the Platform, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
The Academy App Pty Ltd ABN 44 643 549 035
Email: info@theacademyapp.com
Last update: 12/04/2023
