1. Scope and agreement priority
TAN FIT is an Australian digital platform based in Victoria that supports physical education, learning, school administration, and performance activities. These Terms of Use apply when you access tanfit.org, the TAN FIT web application, and related services (together, the Service).
In these terms, TAN FIT, we, us, and our refer to the operator of the Service. School means the school, department, organisation, or other customer that authorises your access. You means the individual authorised user.
The School's signed customer agreement with TAN FIT governs subscriptions, fees, service commitments, data processing, commercial liability, and termination arrangements. If that agreement conflicts with these terms, the signed customer agreement takes priority. These terms do not make an individual student, parent, teacher, or staff member responsible for the School's commercial obligations.
2. Eligibility and school-authorised access
You may use the Service only if a School or TAN FIT has authorised your access and you comply with these terms and applicable School policies. By accessing the Service, you agree to follow these terms in your individual capacity. You do not represent that you can bind a School unless you are separately authorised to enter the customer agreement on its behalf.
Students use TAN FIT within a School-authorised educational context and under the School's supervision and safeguarding arrangements. A parent or guardian may be given access only where the School enables an appropriate family-facing role or workflow.
3. Accounts and security
Accounts are personal to the assigned user. You must provide accurate information, keep sign-in credentials confidential, use only your own account, and notify the School or TAN FIT promptly if you suspect unauthorised access.
Schools and authorised administrators determine which users receive access and which roles, classes, groups, and modules are available to them. You must not attempt to access another organisation, user, role, record, or feature outside your assigned authority. You are responsible for activity performed through your account unless the activity resulted from a security failure outside your reasonable control.
4. Acceptable use
You may use the Service only for legitimate, authorised school, learning, teaching, administration, and performance purposes. You must not:
- break the law, a School policy, these terms, or another person's rights;
- harass, threaten, exploit, discriminate against, or endanger another person;
- upload unlawful, malicious, sexually explicit, deceptive, or rights-infringing material;
- share credentials, impersonate another person, or misrepresent your authority;
- probe, bypass, disable, or interfere with security, access controls, rate limits, or service operation;
- introduce malware, scrape the Service at scale, or use automated access without written permission;
- reverse engineer, copy, redistribute, sell, or commercially exploit the Service except where law expressly permits; or
- use TAN FIT information or AI output as the sole basis for a high-impact decision about a student.
5. School responsibilities
Under its customer agreement and applicable law, the School is responsible for configuring authorised use, assigning appropriate access, managing its users, providing required notices and permissions, and maintaining suitable safeguarding, supervision, assessment, health, and safety processes.
The School must use appropriate professional judgement when interpreting learning, assessment, readiness, or performance information. TAN FIT remains responsible for its own obligations as the Service operator; these terms do not transfer an obligation that the law places on TAN FIT to the School or an individual user.
6. Content and intellectual property
TAN FIT and its licensors own the Service, software, interface, branding, templates, and content we supply. Subject to these terms and the customer agreement, we grant you a limited, personal, non-exclusive, non-transferable, and revocable right to use that material through the Service for its intended purpose.
The School or submitting user retains ownership of content they provide, subject to any rights between them. The School grants TAN FIT the rights reasonably necessary to host, copy, process, transmit, display, secure, back up, and support that content for the Service and lawful School instructions. You confirm that you are authorised to submit the content you provide.
If you voluntarily provide feedback about TAN FIT, we may use it to improve the Service without identifying you publicly or disclosing School-confidential information.
7. AI-assisted features
Certain authorised features use OpenAI services to assist with tasks such as extracting information from an assessment image or generating audio from learning text. AI-generated and AI-extracted output may be inaccurate, incomplete, or unsuitable for a particular context.
You must review AI output before relying on it and must not treat it as a final assessment, safeguarding determination, medical conclusion, or other consequential decision. Do not submit personal information or confidential material that is unnecessary for the authorised task. The School remains responsible for human oversight of educational decisions, and TAN FIT remains responsible for operating the enabled feature in accordance with its agreements and Privacy Policy.
8. Performance, health, and safety
TAN FIT may organise training programmes, physical-activity records, readiness information, and optional wearable or connected-device data. These features support education and supervised performance activity. They are not a medical service, diagnosis, emergency service, or substitute for advice from an appropriately qualified professional.
Physical activity involves risk. Users must follow School instructions, use equipment appropriately, stop when an activity appears unsafe, and report injury or concerning symptoms to an appropriate adult or professional. Schools remain responsible for supervision, risk assessment, safeguarding, and their own health and safety procedures.
9. Third-party services
The Service relies on or may connect with third-party services, including hosting, authentication, storage, analytics, AI, and user-selected device platforms. Those providers may have their own terms and privacy notices. TAN FIT is responsible for selecting and managing its contracted providers as described in the customer agreement and Privacy Policy, but does not control an independent service selected or operated by a user or School.
A third-party outage, policy change, revoked permission, or discontinued integration may affect a connected feature. Where reasonably practicable, we will explain the impact and available recovery steps.
10. Service operation and changes
We work to keep the Service secure, reliable, and available, but continuous or error-free operation is not guaranteed. Access may be interrupted by maintenance, upgrades, security work, internet or provider failures, or events outside our reasonable control.
We may add, improve, replace, or retire features to maintain the Service, address security or legal requirements, or respond to School needs. Service levels, support commitments, and notice requirements promised to a School are governed by its customer agreement. We will not materially reduce a contracted service without following that agreement.
11. Suspension and termination
A School may change or remove a user's access. TAN FIT may restrict or suspend access where reasonably necessary to address a security risk, protect a person, investigate suspected misuse, comply with law, prevent material harm, or enforce these terms or the customer agreement.
Where appropriate, we will work with the School before or promptly after a restriction. When access or the School's service ends, School-controlled information is returned, retained, or deleted in accordance with the customer agreement, lawful School instructions, applicable law, and our Privacy Policy. Provisions that by their nature should continue—including ownership, permitted enforcement, and liability provisions—survive termination.
12. Warranties and liability
Nothing in these terms excludes, restricts, or modifies a guarantee, right, remedy, or liability that cannot lawfully be excluded or limited, including applicable rights under the Australian Consumer Law.
To the extent permitted by law, the Service is provided subject to the availability and limitations described in these terms and the customer agreement. TAN FIT does not guarantee a particular educational, assessment, sporting, fitness, health, or employment outcome.
The customer agreement governs liability between TAN FIT and the School. For an individual authorised user, and to the extent permitted by law, TAN FIT is not liable for indirect or consequential loss arising from use of the Service. This limitation does not apply where loss results from fraud, wilful misconduct, or another liability that cannot lawfully be limited.
13. Governing law
These terms are governed by the laws of Victoria, Australia. The courts of Victoria and the courts of the Commonwealth of Australia with jurisdiction there have non-exclusive jurisdiction over disputes concerning these terms.
The School's customer agreement may specify a different dispute process or jurisdiction for the commercial relationship. Mandatory rights and protections that apply to an individual in another location are not excluded by this section.
14. Changes and contact
We may update these terms when the Service, our operating practices, or legal requirements change. We will publish the revised terms with a new effective date. If a change materially affects authorised use, we will give the School's nominated contact reasonable notice where practicable and follow any notice requirements in the customer agreement.
For questions about these terms, use the TAN FIT contact page. Privacy questions and requests can be sent to privacy@tanfit.org.