TERMS AND CONDITIONS OF USE  Version 1.2

Effective Date: 22 September 2025
GymGoer Pty Ltd (ACN 680 858 440)

 

1. DEFINITIONS

In these Terms and Conditions (“Terms”), unless the context otherwise requires:

• “Application” means the GymGoer mobile platform and associated services;

• “Member” means a registered user of the Application;

• “Subscribing Gym” means a fitness centre that has entered into an agreement with GymGoer to accept passes;

• “Pass” means a time-limited, non-transferable digital token allowing Member access to a Subscribing Gym;

• “Services” means all services offered via the Application;

• “Credits” means non-refundable rewards earned through specified activities (e.g., referrals);

• “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

• “Stripe” means the third-party payment gateway utilised by GymGoer for processing transactions;

• “AppsFlyer” means the third-party mobile attribution and analytics provider integrated into the Application;

• “Tracking Technologies” means cookies, SDKs, pixels, and similar tools used to collect information about device usage, app installs, and referral activity;

• “Wellness Partner” means a Subscribing Gym or facility offering wellness and recovery services including, but not limited to, saunas, ice baths, cryotherapy, red-light therapy, steam rooms, and similar treatments;

• “Wellness Services” means activities provided by a Wellness Partner that involve exposure to heat, cold, light, or other recovery modalities.

 

2. AGREEMENT

2.1 These Terms govern access to and use of the Application. By using the Application, Members and Subscribing Gyms agree to be bound by these Terms and GymGoer’s Privacy Policy, as amended from time to time.
2.2 GymGoer reserves the right to amend these Terms. Notice of amendments shall be provided via the Application and will take effect fourteen (14) days after such notice is given.
2.3 Continued use following any amendments constitutes acceptance of the amended Terms.

 

 

3. REGISTRATION

3.1 A person may become a Member or Subscribing Gym by creating an account and providing accurate, complete, and up-to-date information, including but not limited to: name, email address, phone number, location, age, identification, and a password.
3.2 Registration is limited to individuals over the age of 18 with capacity to enter binding legal agreements.
3.3 You must not impersonate others or share your account.

 

4. OBLIGATIONS OF MEMBERS                             

4.1 Members must:
(a) Maintain the confidentiality of account credentials;
(b) Use the Application for lawful purposes and as intended;
(c) Not share or transfer their account;
(d) Adhere to the rules and policies of each Subscribing Gym;
(e) Accept digital waivers and assume responsibility for participation in physical activity;
(f) Not engage in harassing, defamatory, unlawful or disruptive conduct;
(g) Not attempt unauthorised access to systems or data;
(h) Only post content that is accurate, non-misleading, and lawful;
(i) Acknowledge and consent to the collection and use of their data by GymGoer and third-party providers (including AppsFlyer) in accordance with the Privacy Policy.

 

5. OBLIGATIONS OF SUBSCRIBING GYMS / WELLNESS PARTNERS 

5.1 Subscribing Gyms and Wellness Partners shall:
(a) Be a registered and insured fitness, wellness, or recovery business;
(b) Provide and maintain accurate business and facility details, including details of wellness and recovery services offered (e.g., sauna, ice bath, cryotherapy, red-light therapy);
(c) Honour all confirmed bookings made through the Application;
(d) Accept digital waivers provided via the Application;
(e) Maintain public liability coverage with a minimum of $10 million and professional indemnity insurance with a minimum coverage of $1 million, and provide documentation upon request;
(f) Treat GymGoer Members as regular patrons and not offer lower pricing outside the Application;
(g) Comply with applicable health, safety, and consumer laws, including specific regulations governing heat, cold, and light exposure facilities;
(h) Ensure wellness and recovery equipment is operated, maintained, and sanitised in accordance with industry standards and manufacturer guidelines;
(i) Provide clear safety instructions, warnings, and usage guidelines for all wellness and recovery services prior to Member participation;
(j) Ensure staff are adequately trained to supervise services and respond to adverse health events (including heat exhaustion, hypothermia, fainting, or related incidents);
(k) Comply with all privacy and data protection laws when handling Member data;
(l) Implement reasonable safeguards to protect Member data against unauthorised access, disclosure, or misuse.

5.2 GymGoer may terminate gym or wellness partnerships for breach of these obligations or for user complaints that pose a risk to Member safety or legal compliance.

 

6. LIABILITY WAIVER - FITNESS, WELLNESS, AND RECOVERY SERVICES

6.1 The Member acknowledges that participation in fitness, wellness, and recovery activities (including but not limited to gym exercise, sauna, ice bath, cryotherapy, and red-light therapy) involves risks of injury, illness, or death.
6.2 To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Member:
(a) Waives and releases GymGoer Pty Ltd and its officers, employees, contractors and agents from liability for any injury, loss or damage arising from use of a Subscribing Gym or Wellness Partner facility;
(b) Acknowledges this waiver does not apply in the event of gross negligence or reckless conduct.
6.3 Subscribing Gyms and Wellness Partners are solely responsible for the safety and condition of their premises, equipment, and services.

 

7. PASSES

7.1 Passes are:
(a) Activated only upon first check-in;
(b) Valid for one entry per calendar day for the relevant duration (e.g., 1-day, 3-day, 7-day, 14-day, 28-day);
(c) Non-transferable, non-pausable, and non-extendable;
(d) Subject to the Subscribing Gym’s or Wellness Partner’s hours of operation, capacity, and entry rules;
(e) Redeemable for fitness facilities and/or Wellness Services offered by participating partners, where available;
(f) Subject to additional conditions imposed by Wellness Partners, including mandatory pre-booking, maximum usage times, supervision requirements, or health eligibility restrictions;
(g) Not a guarantee of access to specific equipment or services at a particular time, as availability may vary;
(h) Revocable at GymGoer’s discretion in cases of misuse, breach of rules, or behaviour that endangers health, safety, or facility operations.

7.2 “Calendar day” refers to local time at the Subscribing Gym.

 

8. PAYMENTS AND REFUNDS

8.1 All payments are processed through Stripe. Use of the Services constitutes agreement with Stripe’s terms and conditions.
8.2 Refunds:
(a) Are only available for unused passes (i.e., where no check-in occurred);
(b) Are not provided once a pass has been activated;
(c) May be issued at GymGoer’s sole discretion in exceptional circumstances;
(d) Must first be requested from the relevant Subscribing Gym. If unresolved within 14 days, the Member may submit a written request to GymGoer with supporting documentation.

8.3 If a refund is approved, the Subscribing Gym may be instructed to reimburse the Member, minus applicable fees.
8.4 Credits issued via the Application are non-refundable and non-redeemable for cash.

 

9. PRIVACY AND DATA

9.1 GymGoer collects and handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and its Privacy Policy.
9.2 By using the Application, you consent to:
(a) The collection, use, and disclosure of your personal and sensitive information as set out in the Privacy Policy;
(b) The use of third-party analytics and attribution platforms (including AppsFlyer), which may process device identifiers, referral data, purchase event data, and engagement metrics;
(c) Automated decision-making where applicable, limited to fraud prevention, app performance analysis, and user recommendations;
(d) Overseas disclosure of personal information to jurisdictions including the United States, Israel, Singapore, and the European Union;
(e) Storage and processing of your information by third-party service providers.

9.3 Subscribing Gyms must comply with applicable privacy laws when handling Member data.

 

10. INTELLECTUAL PROPERTY

10.1 All intellectual property in the Application is owned or licensed by GymGoer.
10.2 Users may not reproduce, modify, or distribute content except as authorised by GymGoer.
10.3 By submitting content via the Application, you grant GymGoer a royalty-free, perpetual, worldwide licence to use and adapt such content.
10.4 Subscribing Gyms grant GymGoer a non-exclusive licence to use logos, images, and listings for promotional purposes.

 

11. INDEMNITY

11.1 You agree to indemnify GymGoer Pty Ltd and its officers, employees, and agents against all claims, losses, liabilities, legal costs and damages arising from:
(a) Your breach of these Terms;
(b) Your use or misuse of the Application or Services;
(c) Any injury or damage caused by your actions at a Subscribing Gym;
(d) Any claim arising out of your posted content.

 

12. DISPUTE RESOLUTION

12.1 Prior to commencing legal proceedings, parties agree to attempt to resolve disputes by mediation conducted in Melbourne, Victoria.
12.2 If unresolved within two (2) months, either party may commence litigation in the courts of Victoria.

 

13. TERMINATION

13.1 GymGoer may suspend or terminate access to the Application in the event of a material breach of these Terms, user complaints, or legal risk.
13.2 Members may terminate their accounts by providing five (5) days’ written notice.
13.3 All accrued obligations and liabilities shall survive termination.

 

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms are governed by the laws of Victoria, Australia.
14.2 All disputes shall be resolved exclusively in the courts of Victoria.

 

15. SEVERABILITY

15.1 If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.

 

16. SERVICE AVAILABILITY

16.1 GymGoer does not warrant uninterrupted availability of the Application. Scheduled and unscheduled maintenance may occur.

 

17. THIRD-PARTY SERVICES

17.1 The Application integrates third-party services including, but not limited to, Stripe (payments) and AppsFlyer (analytics and attribution).
17.2 While GymGoer takes reasonable steps to ensure third-party providers maintain appropriate standards, GymGoer is not responsible for the acts or omissions of such providers.
17.3 Your use of the Application constitutes acknowledgement that your information may be processed by such providers in accordance with their respective terms and privacy policies.

 

18. CONTACT

18.1 All notices and correspondence must be directed to:

help@joingymgoer.com
GymGoer Pty Ltd
ACN 680 858 440
Melbourne, Victoria, Australia