Steppen For Creators
<aside> 👉 Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you join us are set out below:
Nothing in this Agreement limit your rights under any applicable consumer law.
1 Our Agreement
1.1 In this Agreement and conditions, “Steppen”, “we”, “our” or “us” means Steppen Pty Ltd (ACN 648 239 445) trading as Steppen and includes its related entities and their respective officers, employees and agents. “You”, “your” or “User” means the person registered with us as a Creator, or the individual accessing or using the Platform and/or Steppen Creator Services.
1.2 These Platform terms and conditions (Agreement) apply to your use of the Platform and Steppen Creator Services.
1.3 We provide the Platform where creators of fitness Creator Content (Creators) and users that view and purchase the Creator Content (Users) can connect and transact.
1.4 By accessing the Platform or using the Steppen Creator Services, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, then you must immediately cease using the Platform and accessing the Steppen Creator Services.
1.5 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 this Agreement.
1.6 If you have any questions about the Platform, our Services or this Agreement, please contact us by email at email@example.com.
2 The Steppen Platform
2.1 The Steppen Platform is a social media fitness app which provides an easy and convenient space for users to view, create and post fitness Creator Content.
2.2 We provide the Platform to Creators and Users, including:
(together, the Steppen Creator Services). You understand and agree that we only make available the Steppen Creator Services. We are not party to any agreement entered into between a User and a Creator and we have no control over the conduct of Creators, Users or any other users of the Platform.
2.3 Steppen does not supply or sell any goods and/or services on, or via the Platform. For the avoidance of doubt Steppen is not a gym, health club, fitness studio, health or medical physician or similar, and does not own or operate any of the Creator Content that is uploaded to the Platform. Steppen is not an agent, nor does Steppen represent any third party, including persons or entities who upload Creator Content on the Platform.
2.4 You understand and agree that we only make available the Services. We are not party to any agreement entered between you and a User and we have no control over the conduct of Users.
2.5 Subject to your compliance with this Agreement, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with this Agreement. All other uses are prohibited without our prior written consent.
3 Creator Profile
3.1 You must register a Creator Profile on the Platform to access the Platform’s features. You will be invited to access the Platform via a link provided by us. To be able to use our Platform and the Steppen Creator Services you must create a Creator Profile by providing:
3.2 If you do not provide accurate and complete details, we may not be able to activate your Creator Profile.
3.3 If you do not provide accurate and complete details, we may not be able to activate your Creator Profile or provide you with complete access to the Platform and Steppen Creator Services.
3.4 You agree to keep your Creator Profile details current at all times by updating these details on your Creator Profile.
3.5 You agree that you have sole responsibility for any activity that occurs on, or by using, your Creator Profile. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Creator Profile. You must not provide your Creator Profile username or Password to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality and security of your username and Password and any use of your Creator Profile (including unauthorised use).
3.6 We may, in our absolute discretion, terminate your Creator Profile, disable your Creator Profile or restrict your access to the Steppen Creator Services or Platform (temporarily or permanently) where you breach this Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Steppen Creator Services, Platform, your Creator Profile details, or any other Creator Content associated with your Creator Profile. We will not be liable to you or any third party if this occurs. We may also impose limits or restrictions on the use you may make of the Platform. Where we limit or restrict your access to the Platform, we will inform you In writing via email.
3.7 When you create a Creator Profile, you must also select a membership (Membership). You may choose between different tiers of the Membership with different services and different membership periods, as set out on the Platform.
4.1 Once you have created a Creator Profile and chosen a Membership, you agree to pay the membership fee set out on the Platform (Membership Fees) by the date specified on the Platform (Payment Date) to access and use certain features on the Platform and benefit from your Membership.
4.2 Unless your Membership is suspended or terminated in accordance with this Agreement, your Membership will roll over on an ongoing monthly basis, and you will be charged the same Membership Fees on an ongoing monthly basis from the Payment Date. Without limiting your rights under the Australian Consumer Law, you can cancel your Membership at any time in accordance with the “Cancellation of Memberships” clause of this Agreement but the cancellation will only have effect from expiry of the monthly period for which you have paid the Membership Fees.
4.3 The payment methods we offer for the Membership Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
4.4 You must not pay, or attempt to pay, the Membership Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
4.5 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
4.6 Changes to your Membership: If you wish to suspend or change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Creator Profile that you wish to suspend or vary your Membership at least 24 hours before the next Payment Date. If you vary your Membership and the Membership Fees increase, we will charge you for the increase in the Membership Fees on a pro-rata basis for the remainder of the period until your next Payment Date, and you will have access to the additional Membership features from the date you make such payment.
4.7 To the extent permitted by law, the Membership Fees are non-refundable and non-cancellable once paid.
4.8 We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the changes to your Membership. If the changes substantially and adversely affect your enjoyment of the Membership, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.
4.9 We may need to change the Membership Fees from time to time. If we change the Membership Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.
5 Payment of Creator Fees
5.1 As a Creator, you can create and upload your Creator Content to the Platform in accordance with your Membership. If included in your Membership (as set out on the Platform), you may charge Users to view and download your Creator Content (User Payment).
5.2 We charge you a fee being a percentage of all User Payments made to you, the percentage being set out in your Creator Profile on the Platform in accordance with your Membership (Service Fee). The remaining amount of the User Payment is payable to you (Creator Earnings). We will deduct the Service Fee from the User Payments and pay your Creator Earnings as set out in this clause.
5.3 Your bank may charge you transfer fees or currency conversion fees to receive your payout. We are not responsible for any such fees.
5.4 You agree that if a User successfully requests a refund or chargeback from their payment card provider in relation to a User Payment, we may decide to deduct your account for an amount equal to the Creator Earnings you earnt on the charged back or refunded amount.
5.5 The following are situations where we may withhold Creator Earnings which have not yet been paid to you:
5.6 In each of the above situations, we will investigate the claim and if we determine that you have breached the above clause, we will not pay out your Creator Earnings and we will attempt to return the User Payment(s) to the relevant User(s).
5.7 You agree that we may set-off or deduct from any monies payable to you under this Agreement, any amounts which are payable by you to us (whether under this Agreement or otherwise).
6 Promotional Opportunities and Discount Codes
6.1 As a Creator, you may choose to purchase promotional opportunities (Promotional Opportunity), and we may run Promotional Opportunities or competitions from time to time on the Platform or on social media. Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and this Agreement, the Promotional Opportunity terms and conditions will prevail.
7 Creator Content
7.1 As a Creator, you acknowledge that once you have posted Creator Content to the Platform, we cannot control the use which other users or third parties make of such Creator Content. You may delete your Account at any time, but your Creator Content may still be circulating through users who have recorded or copied such Creator Content in breach of this Agreement.
7.2 Upon payment by a User of the User Payment, the Creator grants to the User a limited licence to access the applicable Creator Content which the Creator has made available to the User in consideration for the User Payment. The licence granted by the Creator to the User is non-transferable, non-sublicensable and non-exclusive and allows the User to access and view the relevant Creator Content on the User's personal device in accordance with the Terms. The licence is between the User and the Creator and we are in no way involved in the transaction apart from to collect User Payments on behalf of the Creator and to display the Creator Content.
7.3 The licence granted to a User in relation to the relevant Creator Content will automatically expire without notice in the following situations:
7.4 This clause will survive the termination or expiry of this Agreement.
8 Platform Use and Prohibited Conduct
8.1 You warrant and represent that your access to, and use of, the Platform and Steppen Creator Services is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
8.2 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.
8.3 All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us, another user of the Platform, through the Steppen Creator Services or any third party. It is not within the scope of our obligations to enquire as to, or to verify, the accuracy or completeness of information that we receive from you, another user of the Platform or any third parties.
8.4 In using the Platform, you agree that you will not:
8.5 Steppen reserves the right to refuse to provide the Steppen Creator Services, suspend your Creator Profile, or terminate your Creator Profile at our sole discretion if we have evidence to show that you have been engaging in any of the prohibited conduct listed in this clause or any other breach of this Agreement. Where we consider you in breach of this Agreement, we will notify you in writing and provide a reason why your access to the Steppen Creator Services have been terminated.
8.6 The Platform may contain links to third party websites. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party Material or Creator Content appearing on, or via, other websites linked to this Platform. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not to be held responsible for the Creator Content, Material or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
9 Intellectual Property
9.1 You acknowledge that all Intellectual Property Rights in the Platform are the property of Steppen (or our licensors) and your use of, and access to, the Steppen Creator Services and Platform does not give you any rights, title or interest in or to the Steppen Creator Services and Platform. Unless expressly authorised either under this Agreement or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Steppen Creator Services and Platform or any part of the Steppen Creator Services and Platform.
9.2 We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to devices that are controlled or approved by you.
9.3 You may not modify or copy the layout or appearance of the Platform or any computer software or code contained in the Platform, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Platform.
9.4 You own all your Creator Content. Note that your Creator Content does not include the Analytics (as described below).
9.5 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use the Creator Content to:
9.6 You agree that you are solely responsible for all of your Creator Content that you make available on or through the Platform. By uploading, posting, transmitting or otherwise making available any of Creator Content via the Platform, you represent and warrant that: