fitpass Terms and Conditions
These Terms and Conditions apply for all products or services sold by FITPASS Pty Ltd (ABN – 55 154 457 799) ("FITPASS") including on the FITPASS website www.FITPASS.com.au. We reserve the right to change these terms and conditions without notice.
Making a purchase
When you purchase and/or register to use FITPASS products ("Pass") you must first acknowledge that you have read and accepted these Terms and Conditions ("Pass Holder"). Please do not proceed with the purchase/registration of any Pass until you have read, understood and accepted these Terms and Conditions. By registering, purchasing and/or using a Pass you agree to be legally bound by these Terms and Conditions. If you have any queries, please contact us and we will be pleased to assist.
Products, services and prices
Purchase price of FITPASS products is advertised on FITPASS website. All prices include transaction fees and Goods and Services Tax (GST) at the current rate of 10%.
Each purchase of a Pass results in an allocation of credit ("Credit") that is able to be applied to acquire fitness and wellness goods and services ("Fitness Services") from certain participating service providers ("Service Providers"). A list of current participating Service Providers is available on our website. The participating Service Providers, the Fitness Services they offer and the price at which the Fitness Services are offered are subject to change from time to time without notice, however we will at all times update our website with the latest changes as soon as possible.
If you use your Pass to acquire Fitness Services, an amount equal to the value of the Fitness Services you acquire will be debited from the Credits on your Pass. In the event that you have insufficient Credits on your Pass, you will be required to top up your account prior to attending the Fitness Services.
FITPASS provides a credit facility only and does not itself supply or sell any of the Fitness Services. By using any Fitness Services, you agree to be bound by any terms and conditions applicable to the Fitness Services or which may otherwise be imposed by the Service Provider. All Fitness Services are subject to availability. FITPASS and the Services Providers cannot guarantee availability.
Cancellations and refunds
You may cancel your Pass at any time through the user section of FITPASS' website.
All FITPASS purchases are refundable to the Pass Holder and subject to various fees and charges from FITPASS. Any refunds given will be in respect of unused Credits only and will be the difference between the Credit balance on the Pass less any transaction costs incurred by FITPASS.
In case of any unauthorised or mistaken transactions, the Pass Holder needs to contact FITPASS through the "Contact Us" section of the FITPASS website within 1 month. FITPASS will ensure that any unauthorised or mistaken transactions are investigated and that where applicable, unexpired Credits are promptly refunded to the Pass Holder's account.
Expiry of credits
Any Credits on a Pass/in the Pass Holder's account will expire within 12 months unless further Credits are purchased onto the Pass Holder's Account within 12 months in which case all unexpired Credits on the Pass Holder's account will expire 12 months from the date of the latest purchase. Your Pass will state this expiry term clearly. You can view your account balance, transaction history and the expiry date of your Credits on FITPASS' website.
Age and health requirements
Access to Fitness Services may be subject to age and health requirements imposed by the Service Provider. Fitness Services must only be used by Pass Holders who are:
a) at least 16 years of age (or otherwise, with the written authorisation of a parent or guardian over the age of 18); and
b) are of suitable health, fitness and medical condition so as to utilise the Service.
Service Provider's staff members are not medically trained or medically qualified to assess if you are in good physical condition and can exercise without damaging your health, safety, comfort or physical condition. If you are in any doubt, we strongly urge you to seek expert medical advice before starting an active or passive exercise program.
Using the Venues
You will be required to present your Pass to enable access to a Service Provider's venue and to utilise the Fitness Services. The Pass might be used as a paper printout or a display on a smart phone.
The Pass must be presented to the Service Provider prior to the provision of the Fitness Services.
The Pass is not transferrable and may only be used by the Pass Holder. Service Providers may require photo identification or other acceptable identification to confirm the identity of the Pass holder.
You are responsible to read, listen and follow any instructions displayed at the Service Provider's premises or otherwise as instructed by the Service Provider. Some Service Providers might require you to complete their specific induction or sign a Service Provider's waiver.
You are responsible for using Service Provider's facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please request assistance from one of the Service Provider's staff members before you use it.
You agree that you will at all times be responsible for any damage to the Service Provider's facilities and equipment.
Warranties & Liability
To the maximum extent permitted by law, other than as expressly set out in this agreement, FITPASS makes no warranties, express, implied or statutory, with respect to any of its products or services or any of the Fitness Services to be provided by Service Providers. To the maximum extent permitted by applicable laws, any conditions or warranties imposed by legislation or statute are hereby excluded and insofar as liability under or pursuant to such legislation or statute may not be excluded, such liability and any other liability arising under or in connection with this agreement is limited, at the option of FITPASS, to: (i) the replacement or the supply of equivalent applicable products or services; or (ii) the payment of the cost of replacing or of acquiring equivalent applicable products or services.
FITPASS Liability and Indemnity
You acknowledge and agree that, upon accepting these Terms and Conditions, you acknowledge and accept the risks associated with using the Fitness Services and acknowledge and accept that FITPASS has no liability in connection with those Fitness Services.
FITPASS has no liability for any act, omission or default, whether negligent or otherwise of any participating Service Provider or third party.
As a condition of the purchase and use of a Pass or any other FITPASS Products, you unconditionally and irrevocably release and indemnify FITPASS and its officer, employees and agents against any loss, claim, cost, expense, injury, damage or accident that may arise or be sustained, as a result of your purchase and/ or use of the Pass or other FITPASS product, the use of the Fitness Services or otherwise in connection with this agreement.
Where FITPASS' liability cannot be excluded, such liability is capped at the value of the Pass or other FITPASS product acquired.
Respecting your privacy
FITPASS will respect your privacy. Our promise is to:
Prevent disclosure of your personal information to any other parties or the public except to enable us to provide our services. Any personal information supplied to FITPASS is strictly for FITPASS' use only and will never be shared, sold or given to any other persons, other than Service Providers and other third parties who require the information in connection with this agreement.
Abstain from unsolicited contact and promotion of products and services.
Complaints, disputes and conflict resolution
A problem or a complaint related to the Fitness Services or venue should be brought to the Service Provider staff's attention immediately to ensure issues are addressed on the spot, where possible.
Any disputes related to Credit balance changes due to Fitness Services use or FITPASS service concerns should be raised with FITPASS through the ‘Contact Us' section on its web site.
When problems persist or remain unsolved, please contact FITPASS through the ‘Contact Us' section on FITPASS website, we will be pleased to assist you.
Breaking the rules and items from these Terms and Conditions
Non-compliance with these Terms and Conditions may result in cancellation of your FITPASS registration. In case of such cancellation, any remaining credits will remain the property of FITPASS.