Terms of services

 

X-Active Gym, also know as XGym Rhodes Pty Limited (we, our or us) operates the gym located at 6-14 Walker St, Rhodes, NSW 2138.  We also operate this website and use it to provide information about our gym, membership options, promotions and allow members to join and manage their memberships.

These website terms (Terms) apply between us and you.  They set out the terms for how you may use our website and any social media pages run by us, including on Facebook, Instagram, Snapchat, TikTok or similar.  Together, we refer to our website and all social media pages in these terms as our Sites.

By using the Sites, you are deemed to have accepted these terms, so you should read them carefully and make sure that you understand them.  If you do not agree to these terms, you should stop using the Sites immediately.

  • What we do (and don’t do)
    • We use our Sites to publish information about our gym and how we operate. We also allow you join our gym and manage your membership through our website.
    • We don’t provide any personalised fitness or health advice.  Any information made available by us on our Sites does not take into account your particular situation or any of your particular health requirements.  None of the information provided by us can be taken as personalised fitness, health or medical advice.
    • If you’re unsure whether or not a particular service or exercise regime is right for you, you should get advice from a suitably qualified professional.
  • Membership

In order to become a member of our gym, you must submit a membership application, accept our membership terms and pay all relevant fees.  More information can be found on our membership page on the website.

  • Links to other websites
    • The Sites may contain links to other internet pages including those of our partners and affiliates. Unless expressly stated, these internet pages are not under our control.
    • We assume no responsibility for the content of those internet pages and disclaim liability for any and all forms of loss or damage arising out of your use of them.
    • The inclusion of a link to another internet page on our Sites does not imply any endorsement of the pages themselves or those in control of them.
  • Privacy Policy

We describe how collect and use your personal information in our Privacy Policy.

  • Content and acceptable use
    • By uploading content (including, without limitation, any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of our Sites) (Content) to and creating Content on our Sites, you grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of operating or promoting our Sites and gym.
    • You should maintain copies of all Content you upload to our Sites. We do not make any guarantees that there will be no loss of your Content or that the Sites will be bug free.  You should download all your Content prior to terminating your membership with us.
    • You acknowledge that you are responsible for any Content you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Sites any Content that:
      • is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable;
      • may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; and
      • may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam.You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  You may not upload commercial content onto the Sites,

(together, the Content Standards)

  • You warrant that any Content you uploaded or send via the Sites complies with the Content Standards.  You will be liable to us and you indemnify us for any breach of that warranty.  We have the right to remove any Content without notice if, in our opinion, your Content does not comply with the Content Standards.
  • Intellectual Property
    • We are the owner or the licensee of all intellectual property rights in the website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, software, code and look and feel).  Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved.
    • You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Sites or anyone else’s Content, without our express prior written permission.
    • You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to or create on the Sites.
    • You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you to use the Sites and for any other purpose related to the provision of the Sites to you.
  • Takedown procedure
    • Without limiting our other rights in these terms, we may, without any prior notice to you, remove any of your Content from our Sites or block access to our Sites (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content.  You agree that we will have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action.
    • If there is a dispute between you and a third party as to whether your Content infringes the intellectual property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Sites.  You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.
  • Prohibited use
    • You may not use the Sites for any of the following purposes:
      • in any way which causes, or may cause, damage to the Sites or interferes with any other person’s use or enjoyment of the Sites;
      • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
      • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
    • Indemnity

You agree to indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Sites or your violation of these terms.

  • Availability of the Sites and disclaimers
    • The Sites and any online facilities, tools, services or information that we make available through the Sites is provided “as is” and on an “as available” basis.  We give no warranty that such services will be free of defects and/or faults.  To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
    • While we use reasonable endeavours to ensure that the Sites are secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all users take responsibility for their security, that of their details and their computers.
    • We accept no liability for any disruption or non-availability of the Sites.
    • We reserve the right to alter, suspend or discontinue any part (or the whole of) the Sites including, but not limited to, any products and/or services available. These terms shall continue to apply to any modified version of the Sites unless it is expressly stated otherwise.
  • Limitation of liability
    • If you choose to use the Sites, you do so at your own risk.
    • You are solely responsible for all of your communications and interactions with our partners.
    • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Sites and any Content on them, whether express or implied.
    • We will not be liable to any you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • use of, or inability to use, the Sites;
      • any contact you have with our partners or other users whether in person or online; or
      • use of or reliance on any Content displayed on the Sites.
    • Nothing in these terms limits or excludes liability:
      • for fraud or fraudulent misrepresentation; or
      • in any way that is not permitted under applicable law.
    • We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  • General
    • As a paperless service, you agree that all notices which we are required to send to you will be by way of an email.
    • You may not transfer any of your rights under these terms to any other person.  We may assign our rights under these terms at our sole discretion, without restriction.
    • These terms may be varied by us from time to time.  Such revised terms will apply to the Sites from the date of publication.
    • If any court or competent authority finds that any provision of these terms (or part of any provision) is unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms will not be affected.
    • Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    • These terms shall be governed by the law of New South Wales and all disputes arising under the terms shall be subject to the exclusive jurisdiction of the New South Wales courts.

If you have any queries, please email us at info@xactivegym.com.au

 

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