PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to TYMC.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and TYMC.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that TYMC.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), TYMC.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of TYMC.com.au
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
TYMC.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of TYMC.com.au.
LINKS TO OTHER WEBSITES
TYMC.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between TYMC.com.au and the owners of those websites. TYMC.com.au takes no responsibility for any of the content found on the linked websites.
TYMC.com.au’s website may contain information or advertisements provided by third parties for whichTYMC.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, TYMC.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.TYMC.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of TYMC.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. TYMC.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data TYMC.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
TYMC.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
TYMC.com.au may be required, in certain circumstances, to disclose information in good faith and whereTYMC.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of TYMC.com.au.TYMC.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then TYMC.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. TYMC.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
TYMC.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and TYMC.com.au concerning your use and access to TYMC.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
FITNESS AND EXERCISE
Exercise and health are matters that vary from person to person. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge TYMC.com.au, all its instructors, commentators and any associated with theTYMC.com.au website from any and all claims or causes of action, known or unknown.
TYMC.com.au and its contents are made available without warranties or guarantees of any kind andTYMC.com.au, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
You should always consult a physician before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on TYMC.com.au, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you andTYMC.com.au that results in litigation then you must submit to the jurisdiction of the courts of VIC.
TYMC CLUB TERMS AND CONDITIONS
- To join your home club, you must complete all details above. We will only accept membership application upon receipt of complete.
- Your membership is an arrangement between you and the operator of the home club.
- Members under 18 years of age cannot enter into a direct debit or arrangement or a membership agreement without the full consent and guarantee of a responsible adult. This means that the adult consenting to the membership arrangement takes full financial responsibility for the contract regardless of whether they are paying for the fortnightly debits or not.
- All TYMC clubs retain the right to use your prior membership information when joining another club within the network.
- This exchange of information includes instances where outstanding fees have been involved and/or non compliance of the Club Etiquette policy has been present.
- TYMC may refuse agreement of membership based on past behavioural issues.
- TYMC may seek alternative member information from another club in order to make reasonable contact with you.
- It is important that you ensure you notify your home club of any changes to your health or existing medical conditions, or if you believe there is a risk to your health or the health of others as a result of you participating in activities under your membership.
- You acknowledge that the membership fee is non-refundable
- We may increase your fees on one occasion in any given calendar year. You will be notified via writing either in the newsletter or with a personal letter of any changes to your fees and we will provide you 30 days notice.
- Fees are paid in advance for the week ahead.
- Where the membership fees are paid by credit card, we may pass on part of the merchant fee charged for the transaction by deducting those fees from your credit card amount.
- You are responsible for:
i: Making sure your credit card has sufficient credit to allow for the payment of your membership fee on each payment date
ii: Telling us in advance if you are transferring or closing your credit card account
iii: Telling us in advance of any changes to your credit card
- If your credit card fails, you are liable for all resulting charges and fees
- You will be notified in advance of the expiry date of your term fees
- A receipt is available for view on your profile area
- You are not entitled to withhold payment of any amount due on account of any claim against TYMC whether admitted or disputed.
- If you do not pay for the services of any instalment or instalments at the times they are due then TYMC will give you a reasonable opportunity to rectify your default. If, after being given reasonable opportunity to rectify the default, then TYMC, in addition to any of the rights or remedies which it may have under the terms and conditions, be entitled in its absolute discretion to cancel the contract.
Timetable of Sessions
- Each club offers a timetable of classes and sessions. Some classes require you to book into the sessions you wish to attend.
- Session times can only be changed by contacting your trainer and club.
- If the TYMC cannot offer a session due to weather or other reasons, please read the missed session policy. TYMC may offer make up session, which is a session added to the timetable for members to make up a session that was forced to be cancelled.
Missed Session Policy
- The missed session policy applies in the event that you need to miss a session at short notice.
- If you cannot make a session you are booked into, you or the person acting on your behalf must inform your trainer no later than the start time of the session you will miss.
- You may make up the missed session at another session on the timetable by contacting your trainer prior to the session
- You must make up a missed session by the end of the next calendar month in which you missed the session. Sessions missed in March must be made up by the end of April.
- If the session is not made up by the end of the next calendar month then those sessions are fortified.
- The suspension policy is for periods of time in which you cannot train and need to suspend your membership.
- The suspension policy allows you to suspend TYMC membership and training sessions only in the event that that you will miss a minimum of one week and a maximum of three weeks.
- If you miss training for a period of less than one week then you should adhere to the missed session policy.
- For periods greater than one week you will first be asked to makeup those sessions prior to suspension being granted. If you cannot make u the sessions, only then will a suspension be granted.
- You may not have more than three weeks of suspension out of every three calendar months of membership
- The suspension policy does not apply to you if are only booked to do one training session per week. One session a week members should adhere to the missed session policy.
- A suspension will be granted provided that you have notified your trainer 48 hours prior to the suspension period you require.
i: A suspension of membership form can be completed at a training session and handed to the trainer or sent via email.
ii: Please keep evidence of the suspension request you make,
- All membership fees must be up to date prior to a suspension being granted.
- If a suspension period has commenced and you wish to lengthen the suspension period, notice via email must be provided.
Cancelling your Membership
- You are free to cancel your membership at any time.
- I f you have prepaid your fees and you suffer from a permanent or long-term injury, or incapacity that renders you unable to participate at TYMC sessions for an extended period of time, then upon producing medical certificates TYMC may provide you with an extended suspension or a refund for the sessions you will be unable to use.
- The extended suspension or refund option will be at the sole discretion of TYMC.
Travelling Membership Training
Members who travel to other suburbs that are serviced by TYMC franchises are eligible to take up short term training sessions in their short term locations, payable to their temporary club.
Acknowledgement of risks, injury and obligations
Subject to the section ‘exclusions’, i acknowledge that the activity i am to undertake is a dangerous activity and that by participating in it i am exposed to certain risks. I acknowledge and understand that whilst participating in such activity
i: I may be injured, physically or mentally, or may die.
ii: my personal property may be lost or damaged
iii: Other persons participating in such activity may cause me injury or may damage my property
iiii: I may cause injury to other person or damage their property
iiiii: The conditions in which the activity is conducted may vary without warning except where a change to those conditions would amount to a breach of these terms and conditions by TYMC or a breach of law.
iiiiii: There may be no or inadequate facilities for treatment or transport of me if I am injured
iiiiiii: Provided that TYMC comply with these terms and conditions and have not breached the law, I assume the risk of and responsibility for any injury, death or property damage resulting from my participating in the activity.
Release and indemnity to TYMC Trainer
Subject to the ‘exclusions’, in consideration of the acceptance of my payment for participating in the activity, I agree to release and indemnify the trainers as followers:
i:I participate in the activity at my sole risk and responsibility.
ii: I release, indemnify and hold harmless TYMC trainer, its servants and agents for and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death causes to me or my property whether by negligence, breach of contract or in any way whatsoever, i also agree that in the event i am injured or my property damages I will bring no claim, legal or otherwise, against TYMC trainer in respect to that of injury or damage.
Subject to any statutory warranties implied by the Law, including any consumer law which applies in the location in which you attend sessions, these terms and conditions substitute and exclude all express and implied conditions, warranties or liabilities of any kind relating to the services sold and save as expressly provided in this clause, TYMC shall be under no liability under contract or otherwise for any injury, loss or damage of whatever kind of howsoever caused by or anything done or omitted to be done in the connection with the services or work in connection therewith. You shall not have any claim of any nature whatsoever against TYMC for any failure by TYMC to carry out any of its obligations under contract as a result of a force majeure including but without being limited to strike, lock out, shortage of labour material, delay in transport, stoppage or breakdown of machinery, accident of any kind, any default or delay by TYMC suppliers or sub-contractors, riot, political or crucial disturbances, the elements, any act by any State or Government, or any authority or any other case or any nature whatsoever directly beyond TYMC control.
You warrant that the information you have given is true and correct and acknowledge that any discrepancy shall be deemed to constitute a breach of these terms and shall entitle TYMC to terminate this agreement forthwith and take any action which may be necessary in order to protect its interest. You warrant that you are physically and mentally sound to proceed with normal course of exercise.
In the event of any inconsistency between any document and these terms and conditions, then the latter shall prevail. The validity, interpretation and performance of the Member Commitment Form shall be governed by the law. These conditions apply to all services supplied by TYMC to the applicant unless expressly varied in writing by TYMC without the consent of TYMC.