Find Your Rhythm Platform – Terms and Conditions
This platform, accessible online via FYR.com.au and via the FYR mobile application, (together the FYR Platform) is operated and maintained by Medibank Private Limited ABN 47 080 890 259 (MP).
By accessing, using or utilising the FYR Platform in any way, including by signing up to, logging in to the FYR Platform or using information contained in the FYR Platform, you signify your understanding of, and agreement to, be bound by these terms and conditions (Terms). MP may vary these Terms at any time, without your prior consent. Please read the Terms carefully before using the FYR Platform and do not use the FYR Platform if you do not agree to be bound by these Terms.
1. No medical advice
1.1 Disclaimer. The content on the FYR Platform has been created and compiled for informational purposes only. The content on the FYR Platform is not, and is not intended in any way to be, or to be a substitute for, professional medical advice, nor does it replace a health care professional's independent judgment about the appropriateness or risks of a procedure, treatment, exercise program or nutritional suggestions. Neither the content of, nor any other service offered by or through, the FYR Platform is intended to be relied on to diagnose or treat a health condition or disease.Reliance on and use of any content on the FYR Platform is solely at your own risk. Please consult a health care professional for advice about a specific health condition or treatment. Never disregard medical advice or delay in seeking medical advice because of something you have read on the FYR Platform. In an emergency, call 000.
1.1 Exercise information. If your use of the FYR Platform involves exercise, please consult with a health care professional prior to beginning any exercise. When undertaking any exercise activity, there is a risk of injury or illness (including as a result of underlying medical conditions which may or may not be known to you). Although MP tries to outline safe exercises, MP cannot prevent injuries from occurring. You should be familiar with the proper form, techniques, and preparation for the exercises you undertake and the equipment you use before undertaking any exercise or exercise program. If you are unfamiliar with the proper and safe techniques and equipment for the exercises you intend to perform, please seek advice and assistance before performing them.If you have any medical condition, ask for the opinion of your health care professional and, where so advised, exercise only under qualified supervision. The exercise information on the FYR Platform is of a general nature only and does not take into account any health conditions specifically relevant to you. Discontinue exercising if you experience any headaches, dizziness, shortness of breath, or discomfort and consult a health care professional.
1.2 Nutritional information. The nutritional information on the FYR Platform is of a general nature only and does not take into account any lifestyle factors or nutritional needs specifically relevant to you including, but not limited to, medical conditions, food allergies, sensitivities or intolerances. If you have any medical condition, are taking medication or have food allergies, sensitivities or intolerances you should ask for the opinion of a health care professional (including dietitian) before making any changes to your usual nutritional intake.
1.3 Personnel engaged by MP. Personnel engaged by MP or its related bodies corporate may include health care professionals, including, without limitation, doctors, dieticians, nutritionists, nurses and nurse practitioners. None of these health care professionals will provide health care services to you and they should not be considered to be in a doctor-patient, clinical or treatment relationship with you.
2. Content
2.1 Disclaimer. The FYR Platform strives to be a valuable resource of information for its users. However, MP cannot ensure and does not represent or warrant that the information provided is exhaustive or complete on every subject or that it will necessarily include any or all of the most recent information available on a particular topic. The content on the FYR Platform is of a general nature and provided for informational purposes only and you are encouraged to review it with a health care professional. MP makes no representation that it will update or keep updated information made available through the FYR Platform.
2.2 Information from others. The FYR Platform may display some content that is not from MP, including, without limitation, articles and posts from third parties, which may represent different points of view, opinions, recommendations and other information. The FYR Platform may also contain advertisements by third parties which may contain information from or about, or links to, other sources. In making such information and links available, MP does not investigate the content of such information. This content is the sole responsibility of the entity that makes it available, however, from time to time, MP may review content only to determine whether it is illegal or violates its policies and may remove or refuse to display content that it reasonably believes violates its policies or the law. MP does not endorse, guarantee, warrant or recommend the accuracy of such information or necessarily subscribe to any such opinions or recommendations and will not be liable for any such information, links and/or advertisements. Further, to the extent that you make use of any link to any other source, the disclosure, reproduction, sale, distribution or other use of the contents of that source may be prohibited. You use any such information, links and/or advertisements at your own risk.
2.3 Intellectual property rights. The content on the FYR Platform, including but not limited to text, graphics, logos, photographs and images is the property of MP or its related bodies corporate and content suppliers and is protected by copyright law. The compilation of all such content is the exclusive property of MP or its related bodies corporate and protected by copyright law. "FYR", "Find Your Rhythm" and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of MP or its related bodies corporate. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without MP' express prior written consent. Except to the extent expressly stated in these Terms, using the FYR Platform does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) and proprietary rights to the content on the FYR Platform or any trademarks, logos or other proprietary graphics of MP.
2.4 Modifications and termination by MP.MP is constantly changing and improving the FYR Platform. MP may adapt, add or remove functionalities or features of, and it may suspend or stop a service offered through, the FYR Platform, or the FYR Platform itself, altogether.
3. Using the FYR platform
3.1 Acceptance of these Terms. Use of the FYR Platform is subject to these Terms. These Terms contain important information, including warranty disclaimers and limitations of liability. Please read these Terms carefully before signing up to, accessing or using the FYR Platform.
3.2 Eligibility to use the FYR Platform. To be eligible to access and use the FYR Platform, you must be 18 years of age or older, reside in Australia (ie. have a current Australian address) and have a body mass indexation (BMI) greater than 18.5.The FYR Platform is not suitable for anyone who does not have a regular menstrual cycle, is on hormonal contraception or is currently pregnant or breastfeeding.
3.3 Appropriate use. You must only use the FYR Platform in accordance with these Terms and must not use or attempt to use the FYR Platform:
  1. for any unlawful purpose, in any way that may breach any law or regulation or to solicit others to perform or participate in unlawful acts;
  2. for any commercial purpose;
  3. to corrupt, damage or interfere with the FYR Platform, including any data, software or information technology systems;
  4. to adversely affect the reputation or public image of MP or any of its related bodies corporate; or
  5. to cause annoyance or inconvenience to MP or any of its related bodies corporate.
3.4 True, accurate and complete information. You must provide true, accurate and complete information when registering for and using the FYR Platform and must ensure that such information is current and up to date at all times. When providing information when using the FYR Platform, you must not omit any information that is relevant to the questions being asked or the services being provided via the FYR Platform.
3.5 Safety. The FYR Platform is available on mobile devices. Do not use the FYR Platform in a way that distracts you and prevents you from obeying traffic or safety laws.
3.6 Availability. The FYR Platform is designed for use within Australia only. The information provided on the FYR Platform is intended only for residents of Australia.MP makes no claims that the FYR Platform is appropriate, legal or may be downloaded outside of Australia. If you access the FYR Platform outside of Australia, you must ensure that your access to, and use of, the FYR Platform is not illegal or prohibited by laws which apply to you in your location.
4. Integration with Apple health
4.1 Integration. If you have an iOS device, you may choose to integrate the FYR mobile application with the Apple health application to allow your data to be shared between the FYR mobile application and the Apple health application.
4.2 Consenting to data being shared.If you want to integrate the FYR mobile application with the Apple health application, you will need to consent to your data being shared between these applications. When providing your consent, you will be able to select which data you would like to be shared between these applications and which data should not be shared.If you provide consent for any data to be shared, this data will automatically be shared between the FYR mobile application and the Apple health application. If you manually update any data in the FYR mobile application, this data will automatically be updated in the Apple health application. Similarly, if you manually update any data in the Apple health application, this data will automatically be updated in the FYR mobile application.
4.3 No consent.If you do not consent to your data being shared between the FYR mobile application and the Apple Health application, the FYR mobile application will not be integrated with the Apple health application and no data you input to the FYR mobile application will be shared with, or received by, Apple or appear in the Apple health app on your device.
5. Price and payment
5.1 Price. The amount payable by you to use and access the FYR Platform will be made available to you in the Apple App Store before you access the FYR Platform. You should consider all applicable costs before signing up to use the FYR Platform.
5.2 Payment terms. You will be able to provide payment using Apple ID when you sign up to the FYR Platform. Your financial data will be stored by Apple, and will be protected by Apple's standard security protocols.
5.3 Changes to price and payment terms.MP may vary the price and / or payment terms at any time in accordance with item 10.1 of these Terms.
6. Consumer guarantees, warranties and limitation of liability
6.1 Consumer guarantees. The services provided through the FYR Platform come with guarantees that cannot be excluded under the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law). For major failures with the service, you are entitled:
  1. to cancel your service contract with us; and
  2. to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
6.2 No additional warranties.MP provides the FYR Platform using a commercially reasonable level of skill and care and hopes that you will enjoy using it. That said, there are certain things that MP does not promise about the FYR Platform. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) and other than as expressly set out in these Terms, MP does not make any specific promises about the content or services offered through the FYR Platform or their availability. For example, MP does not make any commitments about the content within the FYR Platform, the specific functions of the services, or their reliability, availability, or ability of the FYR Platform to meet your needs. The FYR Platform is provided on an "as is" basis.
6.3 Availability and network failure. MP does not provide, and has no control over, telecommunications services, networks or services, the internet or other technology required or used to access the FYR Platform. MP will not be liable in the event that the FYR Platform is unavailable to you for any reason, including due to malfunctions, congestion, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
6.4 Mistakes and omissions. The FYR Platform may contain typographical mistakes, inaccuracies, faults or omissions, and some information may not be complete or current. MP reserves the right to correct any errors or inaccuracies, faults or omissions and to change or update information at any time without prior notice, but makes no representations that it will do so.
6.5 Limitation of liability.Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), MP and its related bodies corporate will not be responsible for any loss or damage that is not reasonably foreseeable or for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
7. Privacy
7.1 Your personal information. Your name and email address will be collected by MP if you choose to sign up to the FYR Platform or contact MP on or via the FYR Platform. This information, and any other information which you may voluntarily choose to share with MP, will be handled in accordance with the Medibank privacy policy. The Medibank privacy policy, which can be accessed at [https://www.medibank.com.au/privacy/], explains how personal information will be handled. The following contact details can be used:
  1. to seek to access and/or correct any personal information held about you: contact@fyr.com.au
  2. to submit a privacy query or complaint to MP and find out how your complaint will be dealt with: contact@fyr.com.au
8. Cookies
8.1 Cookies. If your browser is set to accept cookies, a cookie will be stored on your hard drive or device when you visit the FYR Platform. Cookies allow MP to collect information about your device, which may include your IP address, type of browser, operating system, domain name and the details of any website you have visited while using the FYR Platform. MP uses cookies to track and collect information about which parts of the FYR Platform are being visited by you and allows MP to recognise you while you are on the FYR Platform. This information is used to provide tracking and statistics regarding the use of the FYR Platform. If you would rather not have this information stored on your device, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access parts of the FYR Platform.
8.2 Personalised messaging.MP and its service providers may use information MP collects through your interactions with the FYR Platform, including by using cookies, to predict your interests and select the content you see on the FYR Platform. This is used to provide useful and meaningful messaging and experiences that are personalised to you.
9. About the FYR Platform
9.1 Software updates. The software in the FYR Platform may updated automatically on your device once a new version or feature is available. You may be able to adjust your automatic update settings.
9.2 Content hosted by third parties. The website accessible at FYR.com.au is hosted and facilitated by Inlight Media Pty Ltd. These Terms, as well as any additional terms issued by Inlight Media Pty Ltd from time to time, govern your access to and use of the website accessible at FYR.com.au.
9.3 Licence to use. MP gives you a personal, Australia-wide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by MP as part of the FYR Platform. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the FYR Platform as provided by MP, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the FYR Platform, its content or the software used in the FYR Platform, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
10. About these Terms
10.1 Amendments to these Terms. MP may modify these Terms or any additional terms that apply to the FYR Platform to, for example, reflect changes to the law or changes to the FYR Platform. You should look at the Terms regularly and the amended Terms will be available on the FYR Platform. MP will post notice of modifications to these Terms in the FYR Platform.
Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions on the FYR Platform or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the FYR Platform, you should discontinue your use of the FYR Platform.
10.2 Minimum terms required by Apple.If you have obtained the FYR app via the Apple App Store, this clause 10.2 applies. You acknowledge and agree that:
  1. these terms and conditions are between you and MP, and not Apple, Inc. (Apple);
  2. MP, and not Apple, is solely responsible for the FYR app;
  3. your use of the FYR app is subject to Apple's Use Rules set out in the Apple Media Services Terms and Conditions accessible at www.apple.com/legal/internet-services/itunes/au/terms.html#APPS;
  4. Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the FYR app;
  5. in the event of any failure of the FYR app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the FYR app;
  6. subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Apple will have no other warranty obligation whatsoever with respect to the FYR app;
  7. Apple is not responsible for any claims that you have arising out of your use of the FYR app;
  8. Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the FYR app infringes that third party’s intellectual property rights; and
  9. Apple and its 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.
You represent and warrant that:
  1. you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and
  2. you are not listed on any United States Government list of prohibited or restricted parties.
10.3 Severability. Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity (if applicable) or severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
10.4 Governing law. These Terms are governed by, and must be construed in accordance with, the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
10.5 Contact Us. Questions about these Terms should be sent to us at contact@fyr.com.au.
Last modified: 07/07/2023