Terms & Conditions

  1. Thank you for visiting our website. This website is owned and operated by Ultimate Fitness Centre Pty Ltd (ACN 147 140 001). By accessing and/or using this website and related services whether through a mobile, computer or other device, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://ultimatefitnesscentre.com.au/) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
  2. In these Terms, ‘us‘, ‘we‘ and ‘our‘ means Ultimate Fitness Centre Pty Ltd (ACN 147 140 001) and our related bodies corporate.

Acceptance of Terms of Use

  1. These Terms form an electronic contract that establishes the legally binding terms you must accept to use the website. 
  2. By accessing or using our website, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein. To withdraw this consent, you must cease using the website. 
  3. We may modify these Terms from time to time, such modifications to be effective upon us posting the amended terms to our website.

Enquiries

  1. When you submit an online enquiry with us, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. 
  2. To submit an enquiry, you must be:
    1. at least 18 years of age;
    2. possess the legal right and ability to enter into a legally binding agreement with us; and
    3. agree and warrant to use the website in accordance with these Terms.
  3. By submitting an enquiry, you agree that you will automatically be added to our CRM system and consent to receiving direct marketing from us including by email and SMS. You may opt-out of receiving marketing materials from us by using the opt-out facilities provided.

Collection notice

  1. We collect personal information about you in order to respond to your enquiries, to provide you with our services and for purposes otherwise set out in our Privacy Policy.  
  2. 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 and products to you. 
  3. Our Privacy Policy explains: 
    1. how we store and use, and how you may access and correct your personal information; 
    2. how you can lodge a complaint regarding the handling of your personal information; and 
    3. how we will handle any complaint. 

If you would like any further information about our privacy policies or practices, please contact us at info@ultimatefitnesscentre.com.au.

  1. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information

  1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. Whilst 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.
  2. 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 that may interfere with or damage the operations of your computer systems.
  3. We may, from time to time and without notice, change or add to the website (including these 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.

Specifications and information

  1. Specifications and information provided on our website are given in good faith based on our knowledge, experience, or information derived from sources believed to be accurate at the time the information is received by us. If you have any questions regarding the services portrayed on this website, you should contact us directly or seek external professional opinion.

Promotions

  1. For certain promotions additional terms and conditions may apply. If you want to participate in such a promotion, you need to agree to the relevant terms and conditions applicable to that promotion. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Linked sites

  1. 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.

Intellectual property rights

  1. 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 this website (Content). 
  2. 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 non-exclusive, worldwide, non-transferable licence to access the website and view the Content in accordance with these Terms, and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of this website or the Content is expressly prohibited. In addition, you must not copy the Content to any other server, location or support for publication. 
  4. All other uses, copying or reproduction of this website, the Content or any part of it, is prohibited, except to the extent permitted by law. However, you are permitted to make a copy for the purpose of viewing the Content for your own personal use.
  5. You acknowledge and agree that: 
    1. we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion; and
    2. the website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

No commercial use

  1. Unless otherwise agreed to by us, 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. Unless otherwise agreed to by us, 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.

Unacceptable activity

  1. 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:
    1. 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 legal rights of individuals;
    2. using this website to defame or libel us, our employees or other individuals;
    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals; or 
    4. 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. 
  2. 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.

Customer service

  1. We may provide assistance and guidance through our customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately.

Modifications to website

  1. We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, access to the website (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification to, suspension or discontinuance of the website. To protect the integrity of the website, we reserve the right at any time in our sole discretion to block users or IP addresses from accessing the website.

Warranties and disclaimer

  1. To the maximum extent permitted by law, including the Australian Consumer Law, we exclude all warranties or representations (whether express or implied) 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.
  2. 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.

Liability

  1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and/or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website 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.

Termination

  1. These Terms terminate automatically if, for any reason, we cease to operate the website.
  2. We may otherwise terminate these Terms and your access to our website (at our sole discretion) at any time without notice.

Severability

  1. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Jurisdiction and governing law

  1. 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.