Website Terms & Conditions.

Website Terms and Conditions

1. Acceptance of these Terms

   By accessing, browsing, downloading or otherwise using the Site, you agree to be bound by these Terms, our Privacy Policy and any other policies or notices we publish on the Site. If you do not agree, you must stop using the Site immediately.

   We may amend these Terms at any time by posting an updated version on the Site. The version published at the URL above is always the current version, and the "Last updated" date reflects when it was last revised. Your continued use of the Site after a change is published constitutes your acceptance of the updated Terms.

2. Eligibility

   You must be at least 18 years of age, or accessing the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf, to use the Site. By using the Site you represent and warrant that you meet this requirement.

3. Licence to use the Site

   Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your personal, non-commercial use only. All rights not expressly granted to you are reserved by us and our licensors.

   For the App, this licence is further subject to the relevant App store's terms (Apple App Store, Google Play, etc.) and any device-specific terms that apply to your installation and use of the App.

4. Acceptable use

   You agree to use the Site lawfully and in good faith. In particular, you must not:

   • use the Site in a way that is, or could be, illegal, harmful, defamatory, harassing, threatening, abusive, obscene, discriminatory or otherwise objectionable;
   • impersonate any person, misrepresent your affiliation with any person or entity, or provide false or misleading information;
   • interfere with, disrupt, overload, damage or impair the Site, our servers, networks or systems, or any other user's use of the Site;
   • attempt to gain unauthorised access to any part of the Site, any user account, or any system or network connected to the Site;
   • use any robot, spider, scraper, data miner, AI training pipeline or other automated means to access, copy, index or extract content from the Site without our prior written consent;
   • introduce viruses, worms, malware, trojan horses or any other malicious code;
   • collect or harvest personal information about other users;
   • use the Site to send unsolicited marketing communications or otherwise breach the Spam Act 2003 (Cth);
   • copy, reproduce, modify, translate, distribute, publish, transmit, frame, mirror, reverse engineer, decompile, disassemble or create derivative works from the Site or any part of it, except as expressly permitted by these Terms or by law; or
   • use the Site in a way that breaches any applicable law or third-party right.

5. Intellectual property

   All content on the Site — including text, copy, photographs, video, audio, training programs, workout descriptions, class names, illustrations, graphics, icons, logos, trade marks, the "Elevate Athletica" name and brand marks, software, source code, layout, design and the selection and arrangement of all of the foregoing — is owned by us or our licensors and is protected by Australian and international copyright, trade mark and other intellectual property laws.

   You may view, download and print pages from the Site solely for your own personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. Any other use — including any reproduction, modification, distribution, transmission, republication, display or performance — requires our prior written consent.

   Nothing in these Terms transfers to you any ownership of, or licence in, any intellectual property in the Site, other than the limited licence in clause 3.

6. User-generated content

   You may have the opportunity to submit content to the Site — for example, reviews, testimonials, photos, comments, feedback, social media tags or other materials ("User Content").

   You retain ownership of your User Content. However, by submitting User Content to or through the Site, or by tagging us or our hashtags on social media, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable and transferable licence to use, reproduce, modify, adapt, translate, publish, distribute, display, perform and create derivative works of that User Content, in any media now known or later developed, for any purpose connected with our business — including marketing, advertising, social media, internal training and case studies — without compensation, attribution or further notice to you.

   You represent and warrant that:

   • you own or have all necessary rights to submit the User Content and to grant the licence above;
   • your User Content does not breach any law, infringe any third party's intellectual property, privacy, publicity or other rights, and is not defamatory, misleading or deceptive; and
   • where your User Content depicts another person, you have that person's informed consent.

   We do not endorse, adopt or guarantee the accuracy of any User Content and may remove, edit, refuse to publish or take down any User Content at any time, in our sole discretion, without notice.

7. Social media conduct

   When interacting with us on social media (including Instagram, Facebook, TikTok, YouTube and any future channels), you also agree to comply with the relevant platform's terms and community guidelines. We may, at our discretion, hide, delete, report or block any comment, post or account that breaches these Terms, is offensive, harassing, discriminatory, defamatory or that we otherwise consider inappropriate.

8. General information only

   The information on the Site — including training tips, articles, programs, session descriptions, recipes, recovery suggestions and educational content — is provided for general information purposes only. It is not tailored to your individual circumstances, goals, health, fitness level or medical history.

   While we make reasonable efforts to keep the information accurate and up to date, we do not warrant that it is complete, current, error-free or fit for any particular purpose, and we may change, suspend or remove any content at any time without notice.

9. Fitness content is not medical advice

   The fitness, training, nutrition, recovery and wellbeing content on the Site is general in nature and is not personalised medical, health, allied-health, nutritional, psychological or other professional advice. It is not intended to diagnose, treat, cure or prevent any disease, injury or condition.

   You should not rely on Site content as a substitute for personalised advice from a qualified medical practitioner, allied-health professional or accredited dietitian. Before starting any new training program, changing your diet or undertaking any physical activity, you should consult an appropriately qualified professional — particularly if you are pregnant, have any pre-existing condition, injury, disability, medication or other health concern.

   Physical exercise carries inherent risks of injury and, in rare cases, more serious health consequences. By using any fitness content from the Site, you assume those risks and accept full responsibility for assessing your own suitability and capacity to participate. If you experience pain, dizziness, shortness of breath or any other symptom while exercising, you must stop immediately and seek medical attention.

10. Third-party links and services

    The Site may contain links to, integrations with, or content from third-party websites, applications and services — including App stores, payment processors, scheduling platforms (such as PushPress), social media platforms, Apple Health, Google Health / Health Connect, the InBody Composition Analyzer and online maps.

    We do not own, control, operate, endorse or assume responsibility for those third-party websites, applications, services or their content. Your access to and use of them is at your own risk and is governed by the terms and privacy policies of the relevant third party, not by us. To the maximum extent permitted by law, we exclude all liability arising from or relating to any third-party website, application, service or content.

11. Disclaimers

    To the maximum extent permitted by law, the Site is provided "as is" and "as available", with all faults and without any warranties, conditions, representations or guarantees of any kind — whether express, implied, statutory or otherwise — including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, security, uninterrupted access, freedom from viruses or non-infringement.

    Without limiting the above, we do not warrant that:

    • the Site will operate without interruption, error, delay or loss of data;
    • defects, bugs or vulnerabilities will be corrected;
    • the Site or any content is free from malicious code; or
    • the Site, any content or any communication through it is secure or confidential.

12. Limitation of liability

    To the maximum extent permitted by law, and subject to clause 13 (Australian Consumer Law):

    • we exclude all liability — whether in contract, tort (including negligence), under statute, in equity or otherwise — for any loss, damage, cost or expense (including legal costs) arising out of or in connection with your access to or use of the Site, your inability to use the Site, any content on the Site, any reliance you place on the Site, or any act or omission by us in connection with the Site;
    • in particular, we exclude all liability for any indirect, special, incidental, consequential, punitive or exemplary loss, including loss of profits, revenue, goodwill, business opportunity, savings, anticipated savings, data, use, contracts, or for personal injury or property damage, however arising;
    • where our liability cannot lawfully be excluded but can be limited, our total aggregate liability to you, arising out of or in connection with the Site and these Terms, is limited at our option to (a) the supply of the services or content again or (b) the cost of having the services or content supplied again; and
    • where neither paragraph above applies, our total aggregate liability to you arising out of or in connection with the Site and these Terms is limited to AUD $100.

    You acknowledge that the allocation of risk in these Terms reflects the fact that the Site is made available without charge, and that you have agreed to these limitations as a material condition of being permitted to use the Site.

13. Indemnity

    You agree to indemnify, defend and hold harmless Elevate Athletica, its directors, officers, employees, contractors, coaches, agents and affiliates from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

    • your access to or use of the Site;
    • your breach of these Terms or any law;
    • any User Content you submit, post or transmit;
    • your violation of any third party's rights, including intellectual property, privacy or publicity rights; or
    • any negligent, reckless or wilful act or omission by you in connection with the Site.

    This indemnity survives termination of these Terms.

14. Australian Consumer Law

    Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law where to do so would be unlawful (the "Non-Excludable Rights").

    To the maximum extent permitted by law, our liability for breach of any Non-Excludable Right is limited (at our option) to the supply of the services or content again, or the payment of the cost of having the services or content supplied again.

    Consumer guarantees notice. If you are a "consumer" within the meaning of the Australian Consumer Law, you have certain rights and remedies that cannot be excluded, restricted or modified. Nothing in these Terms is intended to do so. The other disclaimers, exclusions and limitations in these Terms apply only to the extent permitted by law.

15. Suspension and termination

    We may suspend, restrict, terminate or modify your access to all or any part of the Site at any time, with or without notice or reason. Without limiting the foregoing, we may do so where we reasonably believe that you have breached these Terms, that your use of the Site poses a security or operational risk, or where required by law.

    On termination, the licence granted to you under clause 3 ends immediately, and clauses that by their nature are intended to survive (including clauses 5, 6, 11, 12, 13, 14, 17 and this clause 15) continue in full force and effect.

16. Membership and class bookings

    These Terms govern your use of the Site only. Your gym membership, class bookings, casual visits, personal training engagements and use of our facility are governed by a separate Membership Agreement and any related health-screening, waiver and rules-of-conduct documents you sign with us in person or electronically.

    If there is any inconsistency between these Terms and your Membership Agreement in relation to the services provided at our facility, the Membership Agreement prevails to the extent of the inconsistency.

17. Privacy

    Our collection, use and disclosure of your personal information in connection with the Site is described in our Privacy Policy, which forms part of these Terms.

18. General

    • Severability: If any part of these Terms is held to be invalid, illegal or unenforceable, the rest continues in full force, and the invalid part will be read down to the extent necessary to make it valid.
    • No waiver: A failure or delay by us to exercise any right or remedy under these Terms is not a waiver of that right or remedy.
    • Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms to a related body corporate or to a purchaser of our business.
    • Entire agreement: These Terms, together with our Privacy Policy and any in-facility agreements, constitute the entire agreement between you and us in relation to your use of the Site, and supersede all prior representations, agreements and understandings.
    • Force majeure: We will not be liable for any failure or delay in performing our obligations under these Terms where caused by an event beyond our reasonable control.

19. Governing law and jurisdiction

    These Terms are governed by the laws of Queensland, Australia. You and we submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them in respect of any dispute arising out of or in connection with these Terms or the Site.

20. Contact

    If you have any questions or concerns about these Terms or the Site, please contact:

    Elevate Athletica Pty Ltd
    5/210 Robinson Rd E, Geebung QLD 4034
    Email: admin@elevateathletica.com.au