GymSales Terms And Conditions
GymSales Software Pty. Ltd.
P.O. Box 218 Camberwell VIC 3124 Australia
ABN 48 600 605 623
p 1300 104 122 (within Australia)
Terms of Service
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to GymSales, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
GymSales does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, GymSales and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
GymSales and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. GymSales does not accept responsibility for any liability in respect of access to other content through the use of this Website.
2. Use of the Website
While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. GymSales reserves its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of GymSales, including any GymSales account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or GymSales’s systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GymSales on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
GymSales does not guarantee that your use of this Website will be confidential. GymSales is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.
5. Links to other websites and to GymSales Website
This Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under GymSales’s control, and GymSales is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
GymSales notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
GymSales is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. GymSales requests that you promptly report to it any unauthorised use of the password.
A valid credit card is required for payments.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the GymSales application. Your credit card details are stored at a trusted and secure payment gateway used by GymSales for payment processing.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged the full amount for the new plan you have selected and your next billing date will be adjusted accordingly. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.
Downgrading or cancelling your account may cause the loss of access, content or features of the Service. GymSales does not accept any liability for such loss.
All monthly subscription fees must be paid monthly in advance.
All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by updates to the Website, notices within the Service itself, or by email correspondence.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.
SMS messaging (an optional feature) are charged per SMS credit sent. You are responsible for ensuring you have sufficient credit for SMS reminders (these are charged separately from the monthly subscription).
8. Cancellation and Termination
You are solely responsible for the cancellation of your account. You can cancel your account at any time via Email to [email protected] A 30 day notice period is required for cancellations, your service will remain active during this period
All of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered.
Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.
GymSales in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. GymSales reserves the right to refuse service to anyone for any reason at any time.
For any claims relating to a coupon that cannot be excluded or restricted under consumer protection laws:
(a) you will be entitled to a full refund or replacement coupon if there is a major failure by GymSales or the provider to comply with the consumer guarantees under the Australian consumer laws; and
(b) for minor failures by GymSales to comply with the consumer guarantees under these laws, the liability of GymSales for any applicable claim will (at GymSales’s discretion and to the maximum extent permitted by law) be limited to:
(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and
ii) if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.
GymSales reserves the right to do the following, at any time, without notice:
1. modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You must indemnify and hold harmless GymSales or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
b) reliance by you on any information obtained through the Website.
11. Applicable Law
The Website (excluding any linked third party Websites) is controlled by GymSales. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in Victoria. In accordance with the laws in force in Victoria (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout Australia and overseas, GymSales does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.