F45 Website Terms and Conditions of Use

F45 Training Pty Ltd (ACN 162 731 900) is the owner and operator this website.

By doing any of the following acts you agree to be bound by these terms and conditions:

- expressly accepting these terms and conditions at any time, for example by clicking “I Accept” or “Proceed” or any clearly indicated activation phrase on your computer or other device;
- downloading any of our digital applications (App) or any upgrade to an App offered from time to time; or
- using the website.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website and any Apps, including our <Privacy Policy>.

These terms and conditions govern the use of all aspects of this website and all Apps so it is important that you read these terms and conditions carefully.

1. Terminology

In these terms and conditions, the expressions "we", "us" and "our" are a reference to F45 Training Pty Ltd (ACN 162 731 900) and its affiliates.

2. Variation of terms and conditions

We may amend, modify or otherwise update these terms at any time and we must use our reasonable efforts to notify you of those changes.  We may give such notice by posting updated terms on the website and using our reasonable efforts to draw them to your attention.  Your continued use of the website and/or any App constitutes an agreement by you that you accept these terms and any subsequent modification of these terms.

3. Your rights under law

Your use of the website and the Apps will be subject to certain laws including, without limitation, the Australian Consumer Law.  The Australian Consumer Law provides you with certain rights that cannot be excluded, including that services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated.  Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

4. Linked websites

4.1 This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. 

4.2 We are not responsible for the content or privacy practices associated with linked websites.

4.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we explicitly specify otherwise.

 

5. Information and feature available on the website

5.1 All tools, features and information provided by us are provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website.

5.2 The website does not purport to provide you with financial product or investment advice of any kind. The information available on the website does not take account of your particular financial or insurance requirements or circumstances.  We recommend that you seek independent advice prior to acting on any information available via the website.

 

6. Disclaimer

6.1 Subject to clauses 2 and 7, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.

6.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods:

  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of such goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied again.

7. Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner.

8. Specific warnings

8.1 You must take your own precautions to ensure that the process which you employ for accessing this 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. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

8.2 We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

9. Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

10. Trade marks

10.1 Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

10.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive;

(d) in a manner that disparages us or our information, products or services (including this website).

10.3 You must seek permission to use third party trade marks directly from the owner(s) of those trade marks.

 

11. Restricted use

11.2 Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bona fide personal use.

11.2 You agree that you will not (either yourself or via a third party):

(a) use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;

(b) use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;

(c) use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);

(d) use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;

(f) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or 

(g) copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.

12. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13. Indemnity

You must indemnify us, our employees, agents and contractors against any claim by a third party arising out of:

(a) your breach of these terms and conditions;

(b) your use of the links to third party websites or material on those websites; or

(c) your use of the material on our website or obtained via our Apps. 

14. Termination of access

Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination.

15. Governing law

15.1 These terms and conditions are governed by the laws in force in New South Wales Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

15.2 You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).

15.3 This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

16. General

16.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

16.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

16.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

 

 

Privacy Policy

In this Privacy Policy, 'us' 'we' or 'our' means F45 Training Pty Ltd and its affiliates. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.

What personal information do we collect?

We may collect the following types of personal information:

- name;
- mailing or street address;
- email address;
- telephone number and other contact details;
- age or date of birth;
- credit card information;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
- any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
- information you provide to us through customer surveys; or
- any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

- register on our website or app;
- communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
- interact with our sites, services, content and advertising; or
- invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

- to enable you to access and use our services and app;
- to operate, protect, improve and optimise our services and app, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
- to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
- to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
- to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our services and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

- our employees and related bodies corporate;
- third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
- professional advisers, dealers and agents;
- payment systems operators (eg merchants receiving card payments);
- our existing or potential agents, business partners or partners;
- our sponsors or promoters of any competition that we conduct via our services;
- anyone to whom our assets or businesses (or any part of them) are transferred;
- specific third parties authorised by you to receive information held by us; and/or
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of personal information outside Australia

We may disclose personal information outside of Australia to F45 Australia Pty Ltd, their affiliates and related body corporates and cloud service providers.

When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Using our app and cookies

We may collect personal information about you when you use and access our app.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a compl