TERMS OF USE

Effective Date: 19/10/2023

1. Introduction

1.1. These Web Services Terms of Use govern your use
of Founders Fitness’s Web Services.

1.2. Every time you access our Web Services, you
implicitly agree to adhere to these terms of use. Founders Fitness retains the
right to review and amend these terms at our discretion. Any revisions will be
promptly published on our Web Services. The last date of review is indicated
above. By continuing to use our Web Services, you accept the prevailing version
of our terms of use as posted on our Web Services at any given time.

2. Definitions

Founders Fitness (collectively, “Founders
Fitness,” “we” or “us”) means the group of entities
based in Australia known as Founders Fitness, which includes but is not limited
to Founders Fitness Malaga Pty Ltd, and any related entity of those entities
from time to time. If any entity acts as a trustee of a trust, a reference to
Founders Fitness includes that entity both in its own capacity and as trustee
of the relevant trust.

Web Services means any of Founders Fitness’s websites
or mobile device applications, including but not limited to: www.foundersfitness.com.au
or any other Founders Fitness website or mobile device application in respect
of which this policy is published.

3. Security

3.1. Founders Fitness takes reasonable measures to
secure the information you send to us via our Web Services. These measures
include the use of content management systems and digital certificates.
However, please be aware that the transmission of information over the internet
may not be entirely secure. You are responsible for your decision to send us
information via our Web Services.

3.2. If you create an account with us, our Web
Services may prompt you to create a password for access to information. The
strength and security of your password is your responsibility, and you must
ensure that your password is unique and kept confidential.

3.3. Founders Fitness employs filtering and virus
scanning to maintain the security of our Web Services. However, we do not
guarantee that such filters and scans will detect and remove all viruses and
malware. It is advisable to take appropriate measures to safeguard any computer
or mobile device used to access our Web Services from viruses, malware, or
other potential damage.

4. Copyright

4.1. All rights, including copyright, in the content
and design of our Web Services are reserved. Copyright is owned by Founders
Fitness, a director, an officer of Founders Fitness, or is used under license
or applicable law.

4.2. You must not publish, adapt, distribute, amend,
communicate to the public, or copy any part of the content on our Web Services
for distribution without our prior written consent.

5. Liability

5.1. To the extent allowed by applicable law, all
liability of Founders Fitness, our directors, officers, and employees to you or
any other person for any loss or damage of any kind (however caused, including
in negligence) arising from or relating to any material or product (including
food and beverages) obtained from our Web Services and/or any use of our Web
Services is excluded.

5.2. Founders Fitness does not endorse or accept
liability for the contents of any third-party website or internet-based
application referred to or accessed via a link on our Web Services.

5.3. The material on our Web Services may be periodically
updated and amended, and it may not reflect the most recent information about
our products and services. Founders Fitness does not provide any warranty
regarding your use of our Web Services or the
currency, completeness, or accuracy of the information contained on our Web
Services.

5.4. If any condition or warranty is implied by law
into these terms of use, which cannot be excluded, whether by the Australian
Consumer Law or otherwise, then, to the maximum extent permitted by law, our
liability for any breach of such an implied term will be limited to the supply
of the relevant product or service again or the payment of the cost of having
that product or service supplied again. The decision to provide a refund or
re-supply is at the discretion of Founders Fitness’s management.

6. Privacy

6.1. Personal information provided by you or
collected by us during your use of our Web Services will be used and handled in
accordance with our Privacy Policy, a link to which can be found on our Web
Services.

6.2. We may use cookies to collect anonymous traffic
data from you and others who access our Web Services. We may also record
details about any computer used to access our Web Services, including the IP
address, domain name, browser type, time of access, and details of the
information viewed and downloaded. In this regard, any personal information
will be used and handled in accordance with our Privacy Policy, a link to which
can be found on our Web Services.

7. Jurisdiction

These terms and conditions are governed by the laws of
Western Australia. In the event of a dispute relating to your use of our Web
Services or these terms and conditions, Western Australian courts will have
exclusive jurisdiction.

8. Contact Details

Founders Fitness may be contacted at:

18/69 Hector St W, Osborne Park, WA 6017