Terms & Conditions
1. ORDERING A MEMBERSHIP
To order and apply for a membership of NXTSET Health & Fitness, whether pre-paid, no lock-in contract or contract membership, (Membership) using our website, including via a linked website, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website in accordance with these Terms, and agree to the Membership Terms and Conditions prior to ordering and applying for a Membership.
2. COLLECTION NOTICE
(b) We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our web hosting providers, data centres, Membership application and/or payment processing providers located in New Zealand, Singapore and/or the United States of America, which may include Debit Success, among others.
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us by email at firstname.lastname@example.org.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. The information on our website is not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
(b) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(c) We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. PROCESSING OF MEMBERSHIP APPLICATION
You agree to comply with any terms and conditions of any of our third party agents, software licensors or contractors that process your Membership application and/or payment from the website, including via linked websites.
5. RELEASE, INDEMNITY AND PROPORTIONATE LIABILITY
(a) To the extent permitted by the law, you agree to release, indemnify and hold harmless, us and each of our current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from using this website except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from our negligence, wrongful act or omission or breach of these Terms.
(b) To the extent permitted by law the aggregate of our liability to you is limited to an amount not exceeding the amount paid by you for your Membership.
(c) Each indemnity in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.
6. USE OF INFORMATION
(a) You consent and authorise us and each of our officers, employees, agents and contractors to collect, use and disclose your personal information provided by your use of the website, including for the purposes of administering your Membership, and providing you with any services associated with your use of the website and Membership.
(b) You consent to information which you have provided to us as part of your use of the website being used by us and any of our related bodies corporate for the purpose of informing you about offers and promotions which relate to us or our related bodies corporate.
7. LINKED SITES
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8. INTELLECTUAL PROPERTY RIGHTS
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on www.nxtset.com.au.
(b) Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
(c) Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
(d) You may view the site using your web browser and save an electronic copy, or print out a copy, of parts of this site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
(a) This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
(b) You must take your own precautions to ensure that the process which you employ for accessing or using the 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. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to the website.
10. UNACCEPTABLE ACTIVITY
(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(ii) using this website to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(iv) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
(b) If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
11. WARRANTIES AND DISCLAIMERS
(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
(b) We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, including in connection with Membership application, and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
13. JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.