We appreciate your interest in our platform. Please carefully review the following Terms of Use, as they outline the agreement between you and My Fitmate Pty Ltd (“Fitmate” or “we”). These terms govern your access to and use of the Fitmate website, mobile application, and associated content (the “Platform”), as well as your participation in any fitness, recreational, wellness, classes, activities, services, and/or products made available through Fitmate. (collectively, “Fitness Options “).
By accessing and/or using the Platform or participating in Fitness Options, you are indicating your acceptance and agreement to be bound by these Terms. If you do not agree with these Terms, kindly refrain from using the Platform or participating in any Fitness Options.
Fitmate reserves the right to amend these Terms periodically. Your continued use of the Platform or participation in Fitness Options after the posting of any amendments constitutes your consent to be bound by the updated Terms.
Some plans, offers, products, or services may be subject to additional terms, conditions, or rules. Additionally, the Fitmate Privacy Policy is an integral part of these Terms.
Fitmate serves as a platform allowing consumers to access, schedule, purchase, and attend a diverse array of exercise, recreational, wellness and Fitness Options offered by third-party venues collectively referred to as “Venues.”
Fitmate provides various subscriptions options, including subscription plans, promotional plans, and non-subscription purchases. These options may have differing conditions, prices, and policies, all subject to modification by Fitmate at its discretion.
Subscriptions automatically renew weekly, and each billing period is 1 week in length (referred to as a “Subscription Cycle”).
In addition to subscriptions, Fitmate allows users to make specific product or Fitness Option purchases without committing to a subscription. Users are responsible for paying applicable fees, which are subject to change.
Your Fitmate account is personal and should not be shared. Users are prohibited from transferring or gifting Fitness Options to third parties. The platform may undergo testing, and Fitmate reserves the right to take actions to prevent fraud and abuse.
Access to the Platform and participation in Fitness Options may be restricted based on demographic, geographic, health, or other criteria set by Fitmate. Fitmate reserves the right to disallow or terminate subscriptions based on these criteria.
If you are representing a company, entity, or organisation (a “Subscribing Organisation”), you affirm that you are an authorised representative with the authority to bind the organisation to these Terms.
Access to the Platform is not permitted for users who have been suspended or removed by Fitmate. By using the Platform, you affirm that you are a resident of Australia, at least 18 years old, and have not been previously suspended or removed. Users accessing the Platform do so voluntarily and are responsible for complying with all local rules, including but not limited to rules regarding the internet, data, email, other electronic messages, and privacy, to the extent that such rules are applicable.
When you subscribe to Fitmate, you authorise us to charge your initial subscription and a recurring fortnightly fee at the current rate, subject to change. Fortnightly charges may vary due to promotional offers, plan changes, and you authorise us to charge your Payment Method accordingly. You are responsible for subscription fees until cancellation.
Upon subscribing, your first cycle is billed immediately. Subsequent cycles renew fortnightly every 14 days unless communicated otherwise. We reserve the right to adjust billing timing, with changes communicated through appropriate channels.
Fees, including fortnightly subscription fees, are generally nonrefundable. Refunds for prepaid cycles are considered only if you cancel within the same day of purchasing the subscription due to relocation, disability, or death.
Fitmate may adjust pricing with notice provided through the website, mobile app, or other means. Advance notice will be given for price increases, and acceptance is presumed if you do not cancel your subscription.
You can edit Payment Method information in your account settings. Unsuccessful payments due to expiration or insufficient funds make you responsible for uncollected amounts, and we may continue billing the provided Payment Method or an updated one.
You can cancel your fortnightly subscription the membership plan tab located within your account settings prior to the renewal date. Following cancellation, your subscription will continue to be billed for the current 4-week period, and you will retain access until the end of this cycle. Reactivation may incur a fee.
Fees apply for not cancelling reserved Fitness Option or missing scheduled ones. Fitmate reserves the right to change fee policies, introduce new fees, or modify existing ones at any time.
Fitness Options must be reserved and cancelled through the Fitmate Platform. Breaching this by reserving or cancelling directly with a Venue may result in charges and subscription termination.
Apart from Fitmate fees, Venues may charge additional fees directly. Access is limited to the specified class, and Venues may have extra charges for additional classes or amenities.
Each subscription includes a set number of (“Points”).
Unused Points will automatically roll over for up to three (3) consecutive fortnight cycles.
If Points remain unused after six (6) weeks, they will be converted into Fitmate Cash.
Fitmate Cash may only be redeemed at participating partner storefronts via the Fitmate Platform.
Fitmate Cash can be redeemed once the balance reaches a minimum of AUD $100.
Fitmate Cash is not transferable, refundable, or exchangeable for cash, and may be subject to additional terms as set by partner venues.
Any unredeemed Fitmate Cash resets at the start of each new financial year (1 July), regardless of balance.
You acknowledge that Fitmate may, without prior notice, (1) terminate, cancel, deactivate, disable, delete, and/or suspend your subscription, account, orders, or access to the Platform, including Venues, Fitness Options, or services, and/or (2) discontinue, disable, suspend, modify, or alter any aspect, feature, or policy of the Platform, including your subscription. This includes the right to terminate or modify any subscription before the end of any Subscription Cycle. Fitmate may immediately deactivate your account upon termination, with no liability unless specified below.
Upon termination without cause, Fitmate will issue a pro-rata refund for the prepaid portion of your subscription applicable to future unused services, less fees for used Fitness Options or services. If termination is due to a violation of these Terms, no refund will be provided.
You agree that Fitmate is not liable for any termination or modification and that your only remedy for dissatisfaction is to cancel your subscription. If Fitmate deletes your account for violations, you may not re-register.
Your privacy is crucial to Fitmate, and the Fitmate Privacy Policy is incorporated into these Terms.
In addition to other prohibitions and restrictions in these Terms, you agree not to:
Harass, threaten, stalk, disrupt, or defraud users, staff, or Venues.
Act deceptively or fraudulently, including impersonation or accessing others' accounts.
Share Fitmate passwords or encourage others to do so.
Permit others to use Fitness Options or services booked under your subscription.
Reserve or cancel classes directly with a Venue instead of through the Site.
Exploit any portion of the Site for commercial purposes.
Upload damaging material or engage in harmful activities.
Misrepresent information transmitted via the Platform.
Upload copyrighted material without legal rights.
Upload inappropriate content.
Attempt to gain unauthorised access or interfere with the Platform's functionality.
Make unsolicited offers, send spam, or engage in inappropriate communication.
Interfere with security features or access the Platform unlawfully.
Use automated means to access the Platform without written permission.
Use the Platform for unlawful purposes.
Fitmate reserves the right to refuse service, terminate accounts, edit content, or cancel orders at its discretion.
The Platform offers features allowing users to submit, share, and search for content, including text, graphics, profiles, Fitness Option information, and reviews ("User Submissions"). Users should be cautious about what they share, as Fitmate does not guarantee anonymity or confidentiality. The Privacy Policy details the use of personal information.
Reviews may be made public without additional notice, and users should assume broad accessibility. Fitmate is not responsible for the use or disclosure of information in Reviews. Reviews reflect the submitter's opinion, and users are entirely responsible for their content.
Fitmate reserves the right to refuse, edit, or remove any User Submissions at its discretion. This includes monitoring and editing content that violates site standards. Fitmate takes no responsibility for User Submissions.
By using Fitmate, you're allowing us to use and share your content for activities like reproduction, distribution, modification, and display on the Fitmate Platform. This includes business needs such as marketing. While you may have moral rights related to your submissions, using our services implies you are willing to release these rights.
Users affirm they have the necessary rights to their User Submissions and that the content doesn't infringe on third-party rights, violate laws, or contain inappropriate material. Users are solely responsible for their submissions.
Fitmate does not endorse or take responsibility for the accuracy, usefulness, safety, or appropriateness of User Submissions. Users may be exposed to inaccurate or offensive content, and Fitmate disclaims liability for such content.
Providing feedback grants Fitmate a license to use and incorporate suggested changes into the Site without compensation. Users grant a perpetual, irrevocable, nonexclusive license to use Feedback.
Fitmate may terminate access and remove content submitted by infringers or those engaging in illegal activities. Suspected illegal activity may be reported to law enforcement.
Users may be required to rate their Fitness Option and experiences.
Users permit Fitmate to use and display User Submissions in connection with ads, offers, and messages to Fitmate friends without compensation. Users can update preferences in Privacy Settings.
Materials on the Platform are owned by Fitmate, excluding User Submissions. Users may access Materials for personal, non-commercial use but cannot sell, license, distribute, or make unauthorised use of the Materials.
The Platform may include links to other sites for user convenience. Fitmate doesn't endorse Linked Sites and is not responsible for their content. Users engage with third parties at their own risk, and Fitmate disclaims liability for dealings with third parties on the Platform.
These terms don't exclude or alter any guarantee, warranty, term, or condition implied by applicable law, including the Australian Consumer Law. Certain rights cannot be lawfully excluded, restricted, or modified.
The Platform, including downloadable software, content, and services, is provided "as is" and "as available." Fitmate disclaims all guarantees, warranties, and conditions, whether statutory, express, or implied, to the maximum extent permitted by law. No assurance is given regarding the suitability, availability, or uninterrupted nature of the Platform.
Fitness Options and non-Fitmate products/services on the Platform are provided by third parties, not Fitmate. Fitmate disclaims liability for your attendance, participation, purchase, or use of Fitness Options. It is your responsibility to determine if the Fitness Options are suitable for you
You acknowledge the inherent risks in exercising and assume the risk of injury or harm. It's your responsibility to consult a healthcare professional before using Fitmate. Fitmate is not liable for any health-related issues arising from using the Platform.
You agree to indemnify and hold Fitmate and its affiliates, contractors, employees, and agents harmless from claims, losses, damages, and liabilities arising from your misuse of the Platform or violation of these Terms.
Fitmate and its affiliates, contractors, employees, and agents are not liable for special, indirect, incidental, or consequential damages. Fitmate’s liability is limited to the greater of $50 or the amounts paid by you to Fitmate in the three months preceding the claim.
Members agree to Venue-specific liability waivers and terms when accessing gym facilities and attending classes. Failure to comply may result in restricted access. For Venue-specific terms, refer to the Venue's website or contact the Venue directly.
Disputes should be resolved through neutral and cost-effective means. Contact Fitmate for resolution before pursuing other avenues.
Governing law is New South Wales, and disputes are subject to the jurisdiction of New South Wales courts unless agreed otherwise.
For claims under $10,000, the party seeking relief may opt for binding, non-appearance-based arbitration. The arbitration process is conducted by telephone, online, or based on written submissions. The judgment may be entered in any court of competent jurisdiction.
Fitmate reserves the right to assign or novate its rights and obligations under these Terms. The benefits of these Terms extend to Fitmate's successors, assigns, and licensees.
If any provision of these Terms is wholly or partially void or unenforceable, it is severed to the extent of its voidness or unenforceability. The validity and enforceability of the remaining provisions remain unaffected.
Headings are included for convenience only, do not form part of these Terms, and do not limit or affect any provisions herein.
These Terms, along with any applicable Additional Terms, constitute the complete agreement between users and Fitmate concerning the subject matter herein, as amended.
Statute of Limitations: Fitmate and users agree that any legal claim arising from these Terms, the Platform, or attendance at, participation in, use of, or purchase of classes must be initiated within one (1) year after the cause of action arises. Otherwise, such claims are permanently barred
Fitmate's waiver of any provision in these Terms is only effective if authorised in writing by an executive officer. A waiver of one breach does not constitute a waiver of other breaches or provisions.
Notices will be sent to users at the provided email address during registration. Legal notices may also be served by post to the registered address, with notice deemed given three days after posting.