Terms and Conditions

  1. Overview

    1. We, GymLeads Pty Ltd (ACN 615 837 271), own and operate the website located at the website located at https://www.gymleads.net, including its applicable subdomains and any applications made available to you in conjunction with the website (collectively the Site).

    2. By accessing and using any part of the Site, you acknowledge that you have read, understood and agree to comply with:

      1. these Terms and Conditions;

      2. our Privacy Policy; and

      3. any other terms, policies or notices published on the Site, (collectively, Terms)

    3. Our Terms form a binding contractual agreement between the user of the Site (you) and us.

    4. Before accessing and using the Site, you should read the Terms carefully. If you have any questions about the Terms, you can contact us at [email protected] or 1300 043 186.

    5. If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Site.

  2. Access of Site

    1. Registration of an account

      1. You must register an account to access the Site.

      2. The register an account, you must:

        1. be at least 18 years old;

        2. possess the legal right and ability to enter into a legally binding agreement;

        3. provide complete and accurate answers to all the items in the sign-up page of the Site, including your full name, company and email address; and

        4. agree to the Terms.

      3. You may only create one account. If more than one person requires access to your account, you may designate such persons as a user. Each user must comply with the Terms.

      4. If an account has more than one user designated to it, each user will have their own username and password.

      5. The information you provide us to create your account must be accurate, complete and us to date. You must update this information to ensure it remains up to date.

      6. You and each user are responsible for maintaining the confidentiality and integrity of your account and for all use and activity carried out on your account.

      7. You must immediately notify us if:

        1. you believe that any unauthorised use has been made or may be made of your account; or

        1. you require a user’s right of access and use of the account to be terminated.

      8. We reserve our right to reject, at our sole discretion, an application by you to register an account.

  3. Use of Site

    1. Features
      The Site:

      1. allows you to manage, track and analyse your sales process and leads;

      2. allows you to schedule and manage client appointments;

      3. enables you to automate client communications including appointment confirmations and reminders via SMS and email;

      4. captures and tracks your sales leads from multiple sources;

      5. integrates with member management platforms; and

      6. facilitates the management and tracking of email and SMS campaigns.

    2. Obligations
      You represent and warrant to:

      1. use the Site in accordance with the Terms;

      2. ensure that any other users of your account use the Site in accordance with the Terms;

      3. comply, and ensure that all users comply, with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the work, including privacy laws (together, Law); and

      4. notify us of any issues or problems with the Site in a timely manner.

    3. Limitations
      In accessing the Site, you represent and warrant that you will not:

      1. modify or copy the layout of the Site or any computer software and code contained in the Site;

      2. interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

      3. create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;

      4. restrict, or attempt to restrict, another user from using or enjoying the Site;

      5. interfere with the privacy of another person;

      6. infringe any intellectual property rights or any other contractual or proprietary rights of another person;

      7. do any act, engage in any practice or omit to do any act or engage in any practice that:

        1. is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;

        2. would cause us to breach or to be taken to breach a Law;

        3. would bring us into disrepute; or

        4. interferes with the integrity or supply of the Site to any user; or

      8. encourage or facilitate violations of the Terms.

  4. Fees and payments

    1. User Fee

      1. Unless otherwise agreed, you will be charged a Fee for using the Site. The Fee is stated on the Site.

      2. The Fee will be charged on monthly basis.

      3. Unless otherwise agreed and to the fullest extent permitted by law, the Fee is non-refundable.

      4. We will use our best efforts to ensure that the Fee is clearly stated on the Site. In the event that the price is incorrectly stated (Incorrect Fee), we are not required to charge you the Incorrect Fee.

      5. We do not collect or store your credit card information. All payment processing is done through Paychoice, a third-party payment processor. The terms and conditions and privacy policy of Paychoice, where relevant, will apply to the actual payment process.

      6. We may charge a payment dishonour fee if a payment is dishonoured in any way. This fee is in addition to the fees your financial institution or credit provider may charge you.

      7. If there is a late payment (Overdue Fees):

        1. We may suspend or terminate your access to the Site; and

        2. interest will accrue on the amount owed at 2% above the official cash rate on that date for any period the Overdue Fees remain unpaid.

      8. Upon non-payment of any amounts owing under the Terms:

        1. We may, at our discretion refer the amount outstanding to a debt collection agency, credit reporting agency or a solicitor; and

        2. all costs and expenses associated with collecting any outstanding amounts including (but not limited to) legal fees and internal costs and expenses are to be paid by you as a debt due any payable under this Agreement.

      9. The suspension or termination of your account by either party does not affect your payment obligations.

  5. User Content

    1. General

      1. We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.

      2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.

      3. User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.

    2. Security of content

      1. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.

      2. However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused..

      3. We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.

    3. Prohibited content
      You must not create or generate any User Content:

      1. unless you hold all necessary rights, licences and consents to do so;

      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

      3. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;

      4. that would bring us into disrepute; or

      5. that infringes the rights, including intellectual property rights, of any third party.

    4. Blocking
      We reserve the right to remove or block any User Content that violates our Terms.

  6. Anti-spam

    1. For the purposes of the Terms, Spam refers to any email or other electronic communications sent by you or a user of your account to a recipient who has not given you or the user their direct permission to do so, or who marks such email as “spam”.

    2. From time to time we may publish and update information in the Gym Leads knowledge base (available via the Site or as otherwise notified by us to you). This information may include further directions to you concerning Spam and marketing. Any definitions, obligations or directions published in the knowledge base form part of this agreement from the date of publication.

    3. You warrant and agree that you will not, and will ensure that any users of your account do not, send through the Site:

      1. any Spam;

      2. any content or communications that is hateful, discriminatory, derogatory or threatening;

      3. any obscene or illegal material;

      4. any content or material that violates or infringes the rights of a third party; and/or

      5. any content or material that violates any applicable laws.

    4. We may suspend or terminate your account without notice to you and with immediate effect if we determine, in our sole discretion that you have breached this clause 7.

    5. You indemnify and hold us harmless from any losses, including legal fees, that arise as a result of your failure, or the failure of any users of your account, to comply with this clause 7.

  7. Third Party Links

    1. The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).

    2. Third Party Links are provided as a convenience to you and the existence of such links on the Site does is not an endorsement of those Third Party Links.

    3. We are not responsible for the content or material contained on any Third Party Link.

  8. Privacy

    1. We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.

    2. You are responsible for ensuring your own compliance with the Australian Privacy Principles contained in the Privacy Act 1998 (“Privacy Act”), the General Data Protection Regulation (“GDPR”), and any other applicable privacy laws. In particular, you must not hold or maintain access to a person’s personal information for any longer than is strictly necessary for you to provide that person with your services.

    3. From time to time we may publish and update information in the Gym Leads knowledge base (available via the Site or as otherwise notified by us to you). This information may include further directions to you concerning privacy and personal information. Any definitions, obligations or directions published in the knowledge base form part of this agreement from the date of publication.

    4. For more information on our information collection and handling practices, please view our Privacy Policy at www.gymleads.net or by clicking here

    5. You must not use the Site to:

      1. access or record the data of (or make any contact with) any persons under the age of 18 years;

      2. access or record any sensitive data about any person, including (but not limited to) racial or ethnic origin, political opinion and religious beliefs or data relating to criminal convictions.

    6. If we, or any person whose personal information is held or accessed by you requests that you delete, amend, or otherwise take action in respect of that information, you must promptly and completely comply with that request. You acknowledge that we may remove your access to any Service or information as required to facilitate our (or your) compliance with the Privacy Act, the GDPR, or any other applicable privacy laws.

    7. You indemnify and hold us harmless from any losses, including legal fees, that arise as a result of your failure, or the failure of any users of your account, to comply with this clause 8.

  9. Intellectual property rights

    1. We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Site and in or to the Material made available to you in providing the Site (together, the Site Content).

    2. Your use and access of the Site does not grant or transfer any rights, title or interest to you in relation to the Site Content.

    3. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site.

  10. Disclaimer

    1. The Site and Third Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site or Third Party Links.

    2. We do not endorse or support any User Content and reliance on any such information is at your own risk.

    3. We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any User Content or Third Party Links, at any time and without notice to you.

    4. You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements.

    5. You alone are responsible for your User Content.

    6. We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user or lead.

  11. Exclusions and limitation of liability

    1. To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site.

    2. To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.

    3. If we are found by a court of competent jurisdiction liable to you for loss or damage that could otherwise have been limited, such liability will be limited to the fee paid by you to access the Site.

    4. Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:

      1. fraud or other unlawful acts;

      2. gross negligence; or

      3. liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

  12. Indemnity

    1. You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose directly or indirectly out of or in connection with:

      1. any breach of these Terms by you; or

      2. breach of any right of a third party

      except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.

  13. Termination

    1. We reserve the right to cease operating the Site, without notice and for any reason. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.

    2. On termination of these Terms:

      1. access to your account will expire or cease; and

      2. you will not have any access to User Content through the Site; and

      3. we will remove your account and its related information from the Site.

    3. We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Site.

  14. Contact us
    If you wish to contact us or make a complaint, please contact us at 1300 043 186 or [email protected].

  15. Variation to the Terms

    1. We may vary, amend or otherwise modify the Terms at any time (New Terms).

    2. We will publish the New Terms on the Site, at which time they will be effective.

    3. Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.

  16. Assignment

    1. We may assign or otherwise deal with our rights and obligations under the Terms without prior notice to you.

    2. We may notify you of the assignment or any other dealing once such assignment or dealing has taken place.

    3. You may not assign or otherwise deal with any of your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld.

    4. Any assignment, novation or other transfer in breach of this clause will be of no effect.

  17. Severability
    If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, and will not affect the enforceability or validity of the remaining provisions.

  18. Jurisdiction

    1. The Terms are governed by the laws in force in Victoria, Australia.

    2. You and we submit to the exclusive jurisdiction of the courts of Victoria.

Last update of these Terms of Use: 21 May 2018