The following terms and conditions of use (the "Terms of Use") govern your use of www.CycleBar.com.au (the "Site") which is made available by CycleBar ("we", “us” or “our”). By using the Site, you accept and agree to these Terms of Use governing your use of the Site. If you do not agree to these Terms of Use, you may not use the Site.
Amendments to Terms of Use
We reserve the right to change the Terms of Use from time to time, and at any time without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use.
In addition, please be advised that information collected on this Site may be used to populate the program application(s) that we use for our programs.
Our Service
On www.CycleBar.com, we provide information and promotional materials for our fitness brand, including general industry news, as well as a designated area for you to contact us about our products and services. We reserve the right to withdraw or amend our products and services without notice.
Accessing Our Site
Currently, you must be at least eighteen (18) years of age or older and live in Australia in order to use the Site. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through our Site, for any purpose, including seeking information about our fitness brand and opportunities. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing the Site in violation of these Terms of Use, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.
We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Exclusive Ownership Rights
We solely own and control all copyright and intellectual property rights on our Site or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Site to you. You may view the content on the Site on your personal computer or other internet device, and make copies or prints of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the Australia and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.
Use of the Site
During your use of the Site, you may be asked to provide personal information or data to us in order to receive newsletters or other information about our products and services to assist you with your needs. Our information collection and use policies with respect to the privacy of personal information are set forth in the Site's Privacy Policy which is incorporated herein by reference. Please read our Privacy Policy before submitting any personal information. By using this Website, you consent to the processing described in the privacy policy. You acknowledge and agree that you are solely responsible for the accuracy and content of all personal information and any other data you submit. We cannot be responsible for maintaining any information that you provide to us, and we may delete or destroy any such information at any time.
Use of the Site for the any following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others' use of the Site, unless such interference is for the purpose of complying with another section of these Terms of Use; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Site; g) disguising the origin of any content transmitted through the Site or manipulating your presence on the Site; and/or h) causing the launch of any automated system(s) that accesses the Site in a manner that sends more request messages to servers of the Site in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
Breaching this provision would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
Cancellation Terms
CANCELLATION RIGHTS. After expiration of the 48-hour period, you may cancel this Agreement only if you qualify as follows:
(a) You die or become subject to medical incapacity. Your estate may cancel this Agreement and receive a refund for any prepaid sums if you die. You may cancel this Agreement and receive a refund for any prepaid sums if you are subject to medical incapacity. Where the cancellation is due to medical incapacity, [locationname] will refund you (or your estate) any unused prepaid fees. We require you to produce supporting documentation provided by a qualified medical practitioner certifying that you are sick or incapacitated from undertaking any exercise regime for a period of 12 months.
(b) You change your permanent residence. If you change your permanent residence to a location more than 30 kilometers from the [locationname] facility where you originally signed up for services, then you may cancel this Agreement without penalty and receive a prorated refund, where applicable, for any prepaid sums. We require you to produce supporting documentation to prove your relocation.
TERMINATION OF RECURRING FEES MEMBERSHIP. If you are a month-to-month member, you may terminate this Agreement at any time by providing [locationname] with a 30-day advance written notice. There is no early termination fee for a month-to-month membership. However, if a minimum 24 hours' notice is not provided before the commencement of your new monthly invoice cycle, invoicing will occur for the next months' membership plus an additional month to support the required 30-day advance notice period. For notice provided at least 24 hours before the monthly invoice cycle, one (1) further invoice will issue maintaining an active membership until the expiration of that 30-day period. Classes not used by the expiration of your then-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.
REFUNDS. If you properly rescind or cancel your membership, [locationname] will “turn off” the EFT/debit on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law. [locationname] has no obligation to pay a refund on classes or services that you have used.
NOTICE. All notices under this Agreement may be delivered in person to the studio, or sent via registered mail
User Accounts
We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Disclaimer of Warranties
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity
All content, materials and services provided on this Site, without limitation, are given on an "as is” and "as available" basis, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data processing services, uninterrupted access, or any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site or the services, content, functions or materials contained therein will be timely or secure or continue uninterrupted or error-free or that defects will be corrected. We make no warranty that the Site will meet users' requirements. If you should be dissatisfied with the Site, your sole remedy is to discontinue use. You should not rely on the Site to maintain any user data. You should retain all such data and information in your own records for use in the event that the Site fails or is unavailable, or the data or information is lost.
Limitation of Liability
To the fullest extent permissible under applicable law, in no event shall we or any of our directors, officers, or employees, consultants, or those of our agents, affiliates, or content or service providers (hereinafter associated entities) be liable for damages of any kind whatsoever including, but not limited to, direct, indirect, special, incidental, consequential, exemplary or punitive arising from, or directly or indirectly related to, your use of or inability to use this Site or the linked sites or its content, materials and functions, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise Without limitation, no liability shall arise from any loss of revenue or anticipated profits or lost business or lost sales, even if we and/or our associated entities are advised of the possibility of such damages. Some jurisdictions do not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. In such case, the maximum liability of us shall not exceed the amount paid by you for access to this Site. In no event shall we or our associated entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.
This does not affect CycleBar’s liability for death or personal injury arising from its, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Links from our Site
Our Site contains links to other third-party websites maintained and operated by persons and/or companies outside of CycleBar. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials.
You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website - or for any of the goods, services, or advertising available from these sites nor are we responsible for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Applicable Laws
These Terms of Use shall be governed by and construed in accordance with the laws of Australia.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court to be unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.
Indemnity
You agree to indemnify, defend and hold harmless CycleBar, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Last Updated: June 2020