MEMBERSHIP TERMS AND CONDITION
1. ORDERING A MEMBERSHIP
To order and apply for an ATHLETIX membership, whether pre-paid, no lock-in contract or yearly contract membership, (Membership) using our website, including via a linked website, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website in accordance with these Terms, and agree to the Membership Terms and Conditions prior to ordering and applying for a Membership.
2. COLLECTION NOTICE
(b) We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our web hosting providers, data centres, Membership application and/or payment processing providers located in New Zealand, Singapore, UK, and/or the United States of America, which may include GYMMASTER, Paychoice, EziDebit, among others.
- (i) how we store and use, and how you may access and correct your personal information;
- (ii) how you can lodge a complaint regarding the handling of your personal information; and
- (iii) how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us by email at email@example.com
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. The information on our website is not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
(b) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(c) We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. PROCESSING OF MEMBERSHIP APPLICATION
You agree to comply with any terms and conditions of any of our third party agents, software licensors or contractors that process your Membership application and/or payment from the website, including via linked websites.
5. RELEASE, INDEMNITY AND PROPORTIONATE LIABILITY
(a) To the extent permitted by the law, you agree to release, indemnify and hold harmless, us and each of our current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from using this website except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from our negligence, wrongful act or omission or breach of these Terms.
(b) To the extent permitted by law the aggregate of our liability to you is limited to an amount not exceeding the amount paid by you for your Membership.
(c) Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.
6. USE OF INFORMATION
(a) You consent and authorise us and each of our officers, employees, agents and contractors to collect, use and disclose your personal information provided by your use of the website, including for the purposes of administering your Membership, and providing you with any services associated with your use of the website and Membership.
(b) You consent to information which you have provided to us as part of your use of the website being used by us and any of our related bodies corporate for the purpose of informing you about offers and promotions which relate to us or our related bodies corporate.
7. LINKED SITES
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8. INTELLECTUAL PROPERTY RIGHTS
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on www.athletix.com.au
(b) Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorized by us and/or our third party licensors.
(c) Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
(d) You may view the site using your web browser and save an electronic copy, or print out a copy, of parts of this site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
(a) This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
(b) You must take your own precautions to ensure that the process which you employ for accessing or using the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to the website.
10. UNACCEPTABLE ACTIVITY
(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- (i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- (ii) using this website to defame or libel us, our employees or other individuals;
- (iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- (iv) posting or transmitting to this website any non-authorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
(b) If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
11. WARRANTIES AND DISCLAIMERS
(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
(b) We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, including in connection with Membership application, and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
13. JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
PAYMENT AUTHORISATION. Payments will continue until, 30 days after I submit a written notice of cancellation of my membership to the Club as instructed on page 2 of this agreement. I agree I am bound by the membership payment terms and unpaid account balance due upon cancellation. I agree that you will be fully protected in honouring these direct debits* and that your treatment of them and rights in respect to them are the same as if personally signed by me. I understand that I must notify the Club of account changes and that I will incur an additional fee of $10 per month whenever there is a payment default. *Direct debit fees include a non-refundable fee of $1.25 transaction fee per transaction
MEMBER’S RIGHT TO CANCEL. After the member’s right to cancel period, I may cancel my membership with 30 days notice in writing to my home club. I must pay as stated above even if I do not use the club after providing my notice of cancellation. If collection or legal services are needed to collect the unpaid amount, I am responsible for all costs of collection, including solicitors’ fees of 12 Round Fitness, Memberships are NOT transferable or assignable to another individual.
MONTH-TO-MONTH MEMBERSHIP. This agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment is due that I must immediately pay the entire amount owing. This is an ongoing membership agreement.
MEMBERSHIP FREEZE. I have the right to freeze my membership for up to six weeks annually, during which time I will be charged $5 per week instead of my standard membership fees. I understand that if I elect to freeze my membership I cannot cancel my membership during the “freeze” period.
TERMINATION FOR CAUSE BY CLUB OWNER. Club Owner may, at its option, terminate my membership if (1) I fail to make payments or any payments or fees are late, (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason and I or my cosigner do not provide an acceptable alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, or (4) my conduct is improper and harmful to the best interest of the Club or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice to my last known address. I am liable for all financial obligations until that date. Club Owner also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law. If my membership is terminated, I will receive a termination notice and a refund of any unused prepaid membership fees.
PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Club facilities. I acknowledge that I have been informed that the Club offers a consultation which includes a brief interview regarding my medical history. However, I understand and acknowledge that 12 Round Fitness, will not and cannot provide me any medical advice. If I have any health or medical concerns now or after I join the Club, I will discuss them with my doctor before using the Club facilities.
DAMAGED, LOST OR STOLEN PROPERTY. I understand that 12 Round Fitness, are not responsible for any of my personal property that is damaged, lost or stolen while in or around the Club Location or any other “12 Round Fitness” location.
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring
at or near the Club Location or any other “12 Round Fitness” location. In the event I am injured while on a 12 Round Fitness property or during a 12 Round Fitness-sponsored event, I will hold harmless, 12 Round Fitness and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. I understand and agree that the Club Location and all 12 Round Fitness locations are unsupervised fitness centers and no employee is on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against 12 Round Fitness, and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns.
FAMILY MEMBERSHIP INDEMNIFICATION. If “Family or Joint” is the membership plan checked on the first page of this agreement, I agree that each member of my family covered under this agreement also agrees to assume the risk of injury as stated above and I indemnify and hold harmless 12 Round Fitness and their respective owners, employees, agents, successors and assigns from any claims for injury and damages brought by my family members. Moreover, I am aware that only family members listed in this agreement may use the club. A family member must be at least 16 years old to use the club alone. A family member between ages 14 and 15 can use the club only under the supervision of an adult member 18 years or older.
PERSONAL E-MAIL ADDRESS. I must provide my personal e-mail address. I also will receive occasional e-mails from 12 Round Fitness updating me on my membership benefits. However, I will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed.
DDR SERVICE AGREEMENT
I/We hereby authorise Ezidebit/PayChoice Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969) (herein referred to as “Ezidebit/PayChoice”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).
I/We acknowledge that Ezidebit/PayChoice is acting as a Direct Debit Agent for the Business and that Ezidebit/PayChoice does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/we have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available,
I/We acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit/PayChoice on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit/PayChoice cut off times, being 4:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit/PayChoice to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit/PayChoice to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit/PayChoice to notify me/us of such variations to the debit amount. I/We acknowledge that Ezidebit/PayChoice is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit/PayChoice. If no resolution is forthcoming, I/we agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit/PayChoice. I/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit/PayChoice. I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit/PayChoice and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit/PayChoice.
Credit Card Payments
I/We acknowledge that “Ezidebit/PayChoice” will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit/PayChoice will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit/PayChoice is acting only as a Direct Debit Agent for the Business. I/We acknowledge and agree that in the event that a claim is made, Ezidebit/PayChoice will not be liable for the refund of any funds and agree to reimburse Ezidebit/PayChoice for any successful claims made by the Card Holder through their financial institution against Ezidebit/PayChoice.
This is an ongoing membership agreement, the agreement will continue until either you or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract.