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![]() | HELP TOPICS | |
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![]() | Gym Locator | |
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![]() | Contact Us | |
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Welcome to the Gym Alliance User Agreement. This Agreement describes the terms
and conditions that govern your use of our services at
http://GymAlliance.com (the "Site").
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may become either an alliance partner or a member of Gym Alliance. We
strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages referred to in this document,
as they may contain further terms and conditions which apply to you.
By accepting this User Agreement, you also agree to be bound by the User
Agreements and it's posted terms and conditions.
We may amend this Agreement at any time in our discretion by posting the
amended terms on our Site. The fact that amendments have been made to the User
Agreement will also be notified on our Announcements Board and if you choose to susbscribe the alerts will be sent to your designated mailbox. Except as stated
below, all amended terms shall automatically be effective 30 days after they
are initially posted on our Site. If you do not agree with such changes, you
must terminate your alliance partnership or membership of Gym Alliance. |
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| 1. |
Our services are available only to, and may only be used by,
individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to persons under
16 years of age or to temporarily or indefinitely suspended Gym Passport
members. If you do not qualify, please do not use our services. Further, your
Gym Alliance account, data and User ID may not be transferred or sold to
another party. |
Our services are available only to, and may only be used by, alliance
partner health club owners and their delegates who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to temporarily or indefinitely suspended Alliance partners. If
you do not qualify, please do not use our services. Further, your Gym Alliance
Partner account and User ID may not be transferred or sold to another party. |
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| 2. |
When signing up for Gym Passport with the express purpose of using our services you have an opportunity to review and accept the fees that you
will be charged for your selected Gym Passport. Our Fees and Credits Policy is
available on the site. We may change our Fees and Credits Policy and the fees
for our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the changes by
posting the changes on the announcements board and notifying you via My
messages within My Account. However, we may choose to temporarily reduce our
Fees and Credits Policy and the fees for our services for promotional events
and such changes are effective when we post the temporary promotional event on
the announcements board. We may in our sole discretion change the function of
some or all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are quoted in your local currency. You are
responsible for paying all fees associated with using our services and our Site
and all applicable taxes.
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Alliance Partnership is free. Additional services provided by Gym Alliance with
the express purpose of promoting your facilities will be negotiated and agreed
on a case by case basis. As an alliance partner when you host a gym passport holder
you will be credited for that visit. At the end of the period your nominated
account will be credited for the visit based upon the gym passport holders
fees, the number of visits the gym passport holder has made in that period and the
Gym Passport service fee. The Gym Passport service fee
and payment policy is available (at the Alliance Partner My Account
part of the site) and is incorporated into this User Agreement by reference. We
may change our Gym Passport Service Fee and Payment Policy from time to time.
Our changes to the policy are effective after we provide you with at least
fourteen (14) days' notice of the changes by notifying you via My messages
within My Account.
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| 3. |
Your Information. |
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3.1 Definition. |
"Your Information" is defined as
any information you provide to us, alliance partners or gym alliance members in
the process of using the services. Your Information
includes feedback and posted forum comments. You are solely responsible
for Your Information, and we act as a passive conduit for your online
distribution and publication of Your Information. |
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3.2 Restrictions. |
Your Information must not: be
false, inaccurate or misleading; be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; be obscene; contain any viruses, Trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, modify, delete, detrimentally interfere
with, surreptitiously intercept, access without authority or expropriate any
system, data or personal information; create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other suppliers; and
link directly or indirectly to or include descriptions of goods or services
that: are prohibited under this Agreement.
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3.3 License. |
Solely to enable Gym Alliance to use
the information you supply us with, so that we are not violating any rights you
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in any media now known or
not currently known, with respect to Your Information. Gym Alliance will only
use Your Information in accordance with our Privacy Policy (at
http://Gym Alliance.com/HelpCentre/privacypolicy.aspx).
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Our Site contains robot exclusion headers and you agree that you
will not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without our prior
expressed written permission. You agree that you will not use any device,
software or routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of our Site or any transaction
being conducted through our Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure. You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except for Your
Information) from our Site without the prior express written permission of Gym
Alliance or the appropriate third party authorised to grant such permission.
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You may not take any actions that may undermine the integrity of
the feedback system. If as an Alliance Partner you earn a net feedback rating of -4 (minus four), your
Alliance Partnership will be reviewed and maybe suspended. During suspension you will be unable to receive
Gym Passport holders. |
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5.1 Export. |
You acknowledge that your feedback
consists of comments left by Gym Passport members and a composite feedback number
compiled by Gym Alliance, and that the composite number without the comments
does not convey your full user profile. Because feedback ratings are not
designed for any purpose other than for indicating the relative service of Alliance
Partners to Gym Passport holders, you agree that you shall not market or export
your Gym Alliance feedback rating in any venue other than a Gym Alliance
operated website. |
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5.2 Import. |
We do not provide the technical
ability to allow you to import feedback from other websites to Gym Alliance
because a composite number, without the corresponding feedback does not reflect
your true online reputation within our community.
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| 6.
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Without limiting other remedies available to Gym Alliance at law,
in equity or under this Agreement, we may, in our sole discretion, immediately
issue a warning, temporarily suspend, indefinitely suspend or terminate your
Alliance Partnership or Gym Passport membership and refuse to provide our services
to you if |
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you breach this Agreement, the Privacy Policy or the terms and policies those
documents incorporate by reference;
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we are unable to verify or authenticate any information you provide to us;
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we believe that your actions may cause legal liability for you, our users or us |
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| 7.
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Gym Alliance has a Privacy Policy which applies to all members and
is incorporated into this User Agreement by reference. Our current Privacy
Policy is available (at http://Gym
Alliance.com/HelpCentre/privacypolicy.aspx) You must read and accept
our Privacy Policy upon registration in order to use our Site, and you will
continue to be bound by its provisions (and any amendments we make to the
Privacy Policy) while you are a member or partner of Gym Alliance. |
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8.1 IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR
OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE
TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS
WHICH APPLY TO YOU. YOU AGREE THAT GYM ALLIANCE AND ALL AFFILIATES AND RELATED
ENTITIES OF GYM ALLIANCE HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR
MEMBERS' ACTIONS. |
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8.2 Notwithstanding the above provisions, nothing in
this Agreement is intended to limit or exclude any liability on the part of Gym
Alliance and its affiliates and related entities where and to the extent that
applicable law prohibits such exclusion or limitation. |
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| 9.
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You agree to indemnify and hold us and (as applicable) our affiliates,
officers, directors, agents, and employees, harmless from and against any
claims, demands, proceedings, losses and damages (actual, special and
consequential) of every kind and nature, known and unknown, including
reasonable solicitors' fees, made by any third party due to or arising out of
your breach of this Agreement or the terms and policies it incorporates by
reference, or your violation of any law or the rights of a third party.
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You shall comply with all applicable domestic (including common
law) and international laws, statutes, ordinances and regulations regarding
your use of our service. YOU ALONE, AND NOT GYM ALLIANCE, ARE RESPONSIBLE FOR
CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY
WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES
OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES
INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
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| 11. |
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You and Gym Alliance are independent contractors, and no agency,
partnership (in law), joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. |
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Except as explicitly stated otherwise, any notices shall be given to the email
address you provide to Gym Alliance during the registration process (in your
case). Alternatively, we may give you notice by certified airmail, postage
prepaid and return receipt requested, to the address provided to Gym Alliance
during the registration process, or as updated by you as relevant. Any notice
shall be deemed given (a) if sent by email, 24 hours after email is sent,
unless the sending party is notified that the email address is invalid, (b) if
sent by pre-paid post, three Business Days after the date of posting, and on
the seventh Business Day if sent to or posted from outside Australia, and (c)
if sent by facsimile transmission, on the Business Day the transmission is sent
(as long as the sender has a confirmation report specifying the facsimile
number listed above, the number of pages sent and the date of the
transmission). For purposes of this section, "Business Day" means a day on
which banks are open for general business in your country.
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Any controversy or claim arising out of or in connection with this
Agreement may at our discretion be settled by binding arbitration by reference
to a commercial disputes centre. You agree to be bound by the ruling
arbitrator. The costs of the dispute are borne by the originator. |
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The following documents are incorporated into this User Agreement
by reference, and you agree to be bound by the terms and policies outlined in
these documents. Any changes to the policies set out below will be notified on
our Announcements Board located at (http://GymAlliance.com/HelpCentre/Announcements.aspx)
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14.1 Our Privacy Policy is available at http://Gym
Alliance.com/HelpCentre/privacypolicy.aspx. We may change our Privacy
Policy from time to time and our changes are effective after we provide you
with at least thirty (30) days' notice of the changes by posting the changes on
the Announcement Board and sending email to users who select such notification |
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| 15.
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This Agreement shall be governed in all respects by the laws of the
State of New South Wales, Australia. All members of this Site irrevocably
submit to the non-exclusive jurisdiction of the courts of New South Wales,
Australia. The provisions of this Agreement are severable, and if any provision
of this Agreement is held to be invalid or unenforceable, such provision may be
removed and the remaining provisions shall be enforced. You agree that this
Agreement and all incorporated agreements may be automatically assigned by Gym
Alliance, in our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that this Agreement
may not be construed adversely against us solely because we prepared it.
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| 16. |
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The services hereunder are offered by Gym Alliance, located in Sydney, New
South Wales, Australia.
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Gym Alliance Privacy Policy |
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