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LocalFitness.com.au Terms & Conditions, Privacy Policy
Date of Last Revision 10 September 2014
Welcome to LocalFitness.com.au, a fitness-related website that allows you to easily find fitness solutions that fit your lifestyle. The LocalFitness.com.au service and network (collectively, "LocalFitness.com.au" or "the Service") is operated by LocalFitness Pty Ltd (collectively, "us", "we", "LocalFitness" or "the Company"). By accessing or using our web site at www.localfitness.com.au or the mobile version thereof (together the "Site"), you (the "User") acknowledge and warrant that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member or business listed with LocaFitness.com.au.
1. Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or its Materials or their selection and arrangement, except as expressly authorised herein.

In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or the LocalFitness Abuse Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. The parties agree that insofar as permitted by law, the Company retains ownership in all Site Content & User Content posted on the site and has the final right to determine what may or may not be posted on the site.

When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
3. Privacy
We know that your privacy is important to you, so your privacy as you use our site is very important to us. This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it. We will comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth) (the "APPs") in relation to any personal information you provide.
4. Personal Information
Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about you who is identified or reasonably identifiable. To take advantage of any ‘Voucher', 'Special Offer’ or gym membership listed by registered businesses at the Site or during registration, we ask you to provide personal information including your name, suburb / location, gender and age group, e-mail address and phone number. This information is personal information because it allows us to contact you and distinguish you.

We may receive additional personal information from you through communications with the Site. If so, we will use that information to fulfil your request and for aggregate reporting before deleting it from our active system. For example, if you email us to offer suggestions about our service or website, we will use that information to give you an answer. But we will also use that information to make our service better by reporting your request, without any personal information, in our monthly site reviews.
5. What if you don't provide us with your personal information?
We will provide individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us if it is lawful and practicable to do so. A pseudonym is a name or other descriptor that is different to an individual’s actual name. For example, you can access the Site and make general phone queries without having to identify yourself using the following form.

In some cases however, if you don't provide us with your personal information when requested, we may not be able to provide you with the product or service that you are seeking. For example, you must identify yourself for us to provide you with a voucher.
6. Unsolicited information
Unsolicited personal information is personal information we receive that we have taken no active steps to collect (such as an employment application sent to us by an individual on their own initiative, rather than in response to a job advertisement).

We may keep records of unsolicited personal information if the Privacy Act permits it (for example, if the information is reasonably necessary for one or more of our functions or activities). If not, we will destroy or de-identify the information as soon as practicable, provided it is lawful and reasonable to do so.
7. Other Information
In order to maintain and improve the Site, we gather some statistical data when you visit the Site. The exact information we collect may vary, but can include the date and time of an access to our site, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your personal information. In addition, if you respond to a poll or a research questionnaire, we will aggregate your responses with those of other the Site users but we do not associate your response with any personal information.
8. Public Information
There are many ways to submit information to be posted on the Site including participating in our forums. In each of these circumstances, the Site gathers information from you. Be aware that anything you submit to the Site through these services may be made public, so please remember not to include any information you want kept private. Information submitted to forums can be read, recorded and used by any third party or by the Site.
9. Cookies, third party Advertising and Retargeting
Like many web sites, we may use "cookies", which are stored on your computer and contain small amounts of information sent by the Site to your computer and read by the Site when you visit the different pages of our website. For example, cookies allow us to remember usernames and passwords (if applicable) as you navigate around our site. The cookies we use do not identify individual users, although they do identify the user's internet browser. We also use Google AdWords' conversion tracking feature which uses cookies - see here for more information.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information, which does not identify you personally, about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

We use Google Retargeting (www.googleretargeting.com) which uses cookies to reach visitors who come to our site but leave without completing an action. We may then advertise to you on Google’s network of partner sites.

We also use AdRoll Retargeting (www.adroll.com) to reach visitors who come to our site but leave without completing an action. We target these visitors on Facebook and Facebook Mobile).

So if you visit our site but do not download a voucher or make an enquiry we may add your browser to our retargeting lists and when you visit other sites that are part of Google’s Network we retarget you. If you visit Facebook we retarget you via AdRoll. We may choose other retargeting methods in the future in which case we will update this Privacy Policy if necessary.
10. Web Beacons
Like many web sites, the Site may also use web beacons, also known as pixel tags, spotlight tags or web bugs, to improve our understanding of site traffic, visitor behaviour, and response to promotional campaigns, as a supplement to our server logs and other methods of traffic and response measurement. We may also implement pixel tags provided by other companies, for the same purpose. Information collected through the use of activity tags on our site is never linked to any personal information
11. Children's Privacy/Site Usage
The Site is not directed to children under the age of fourteen and we do NOT knowingly collect personal information from children under the age of fourteen.
12. Registration
When you perform certain actions on this Site (including purchasing a gym membership, making enquiries, downloading vouchers or completing any form and submitting your details), you become a registered user. We reserve the right to terminate your registration and to withdraw your access to the Site at any time if you breach these terms and conditions, or if we consider that you are using the services provided on the Site in an inappropriate manner. You agree to pay for the services provided on the Site in the manner specified on the Site.
13. Why and How We Use Collected Information
Why we collect personal information
We gather the information discussed above for purposes of providing and improving the Site. For example, we may use the information we gather to make decisions about system upgrades and to communicate with you about updates and new features.

We also aggregate information supplied by users during registration and information about their use of the Site to maintain our services and describe our user base to third parties including potential partners, investors, and advertisers about products and services that may be of interest to you. We may supply summary data about our community of users and in some circumstances we may disclose personal information about you, and we think it is important that you know about them.

How we use and disclose personal information
We may employ other companies to perform functions on our behalf, such as providing customer service, sending mail, advertising, processing credit card payments, hosting message boards or other functions necessary for us to provide our services to you or products and services that we consider may be of interest to you. We may share your personal information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes. The service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.

In the interest of enhancing our service, we may share some of your personal information with third parties in order to extend these services to you. We require that the third party respect your privacy and not disclose your information to other organisations without your consent, but beyond that, the third party's use of your information is governed by their privacy policies. We may reveal user information if we believe that a user is harming or interfering with other users of the Site, anyone else, or violating (either intentionally or unintentionally) our Terms of Use, or infringing any LocalFitness' rights, or trespassing on, damaging, or abusing any LocalFitness properties.

Direct Marketing
We may use your personal information to let you know about us and our products and services (including promotions, special offers and events).

If you opt-in to third party special offers, we will send them via email/sms/mobile app or other method. We may do so either where we have your express or implied consent, or where we are otherwise permitted by law to do so. We may contact you for these purposes in a variety of ways, including by mail, email, SMS, telephone, or online advertising.

Opting out
Where you have consented to receiving marketing communications from us, your consent will remain current until you advise us otherwise. However, you can opt out at any time, by:
• contacting us www.localfitness.com.au/contact;
• advising us if you receive a marketing call that you no longer wish to receive these calls; or
• using the unsubscribe facility that we include in our commercial electronic messages (such as emails and SMSes)

Other purposes
We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or:
• which are required or authorised by or under law (including, without limitation, privacy legislation); and
• for which you have provided your consent.

We will reveal information, including personal information, to the extent we believe it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your personal information we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration at least ten days before we respond to the request. We may transfer any information, including any personal information, in connection with a sale of all or most of the assets of the company.
14. Cross border disclosure of personal information
We may disclose personal information to third parties located overseas who provide or manage our email lists, promotions, and infrastructure. These include but are not limited to MailChimp for email list management and AdConion for serving of third-party special offers.

The countries in which such recipients are likely to be located are: Canada, USA, Singapore, UK and Ireland.

In each case, we will comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information.
15. Accessing and Changing Your Information
We are committed to ensuring that you have control over your personal or business information. You can view and change your password and login details (business registrants only) and all of your other information, including your personal information, by logging into the Account Management section or by contacting us [www.localfitness.com.au/contact]. We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected. We encourage you to promptly update your personal information if it changes.

You may ask to have the information on your account deleted or removed. However, because we keep track of past transactions, you cannot delete information associated with past transactions on the Site. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.
16. Data Quality and Security
General
We hold personal information in a number of ways, including, electronic databases, email contact lists,. We take reasonable steps to:
• make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
• protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the APPs.

You can help us keep your information up to date, by letting us know about any changes to your details, such as your address, email address or phone number, in the way set out under heading 16 above.

Security
We have put in place a number of industry standard security measures to make sure your personal information and data is safe from loss, misuse, or alteration. These include industry standard encryption, firewall and other data security practices. Our employees and contractors may be given access to member data and if so, only on a password-protected basis. It is our employment policy that this information is to be treated with the utmost confidentiality, and any misuse of this information is grounds for disciplinary action, including termination.

Third party websites
Links to third party websites that are not operated or controlled by us are provided for your convenience. We are not responsible for the privacy or security practices of those websites, which are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.
17. Disclaimer
No claim is made as to the accuracy or authenticity of the content of the Site. We do not accept any liability to any person for the information or advice (or the use of such information or advice), which is provided on the Site or incorporated into it by reference. The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.

We do not accept any liability to any person in reference to using or visiting any facility listed on or registered with the Site and any use of or visit to any facility listed or registered on the Site is at the individual’s own risk. We do not accept any liability to any person in reference to purchasing health and fitness services provided by any facility listed on this Site and any use of or visit to any facility listed following a purchase on this Site is at the individual's own risk.

We cannot accept any responsibility for the loss, damage to equipment, stock or persons during a visit to a facility or external advertiser’s premises as a result of a ‘Voucher or Special Offer’ downloaded from the Site or any purchase from the Site. Any and all conditions of use, must be abided by any individual if visiting a facility or business or service provider that is advertising or is listed on the Site.

The information contained in the Site is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format. No responsibility is taken for any information or services, which may appear on any linked websites.
18. Refund Policy
Except as provided by law, a refund of any purchase made from the Site will only be granted in accordance with this Refund Policy.

If you make a purchase of health and fitness services provided by a facility listed on this Site, you may request a full refund within 14 days after you have made the purchase in writing (by email) to LocalFitness. If more than 14 days has passed since the purchase, you are not entitled to any refund.

Upon receipt of your email request, LocalFitness will confirm with the facility that you have not attended the facility. If the facility confirms that you have not attended, LocalFitness will arrange for a full refund of the purchase price to be credited to the credit card or bank account details provided at the time of purchase.

Attendance at any facility within the 14 days, despite not using any of the services available at the facility, will be considered as bringing an end your right to a refund provided by this policy.
19. Australian Consumer Warranties
If this Agreement constitutes a supply of goods or services to a consumer to which the Australian Consumer Law ("ACL") applies, nothing contained in this Agreement excludes, restricts or modifies any condition, guarantee, warranty, right or remedy pursuant to which the ACL confers on the Client which may not be lawfully excluded (or the liability of any of our affiliates) with respect of the supply of any goods or services not ordinarily acquired for personal, domestic or household use or consumption, our liability for any breach of this Agreement will be limited as we may elect in our sole discretion, in the case of services supplied or offered by us, to either:

(a) the supplying of the services again;
(b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by us;
(c) the replacement of the goods or the supply of equivalent goods;
(d) the repair of such goods;
(e) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(f) the payment of the cost of having the goods repaired.

To the fullest extent permitted by law, we are not liable for any indirect, consequential or special loss or damage and all representations warranties or guarantees not expressly stated in these Terms of Use are excluded.
20. Viruses and/or Bugs
We use our best endeavours to minimise viruses and bugs from infiltrating the Site, however due to the nature of the internet the Site may be affected by viruses or bugs from time to time. We accept no responsibility for any damage or loss whatsoever which may be caused in relation to same.
21. Copyright and Trade Marks
The entire contents and design of the Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and other companies and is protected by copyright laws. This includes logos & trade marks in all Site content - these being registered®, trademarks™ and/or copyright© by the respective company or corporation. The Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information on the Site for commercial purposes or to establish, operate or maintain your own product or service offering. Postcode mapping information supplied by, and copyright FindMap.

A select few of the photos that appear on the Site (photos that were taken by LocalFitness and for which LocalFitness owns the copyright) have been contributed by LocalFitness to Wikimedia Commons under the Creative Commons Attribution-Share Alike 3.0 Unported License.
22. Indemnification
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms of Use or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Site using your login credentials.
23. Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Site. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.

Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
24. Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
25. Miscellaneous
Advertisers and sponsors of the Site and/or its e-newsletters have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. Our relationship with you under these Terms of Use is one of independent contractors and not of partnership, joint venture or principal and agent. We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the Site. Any formal notices or communications should be sent to our postal address: LocalFitness.com.au, Suite 247, 189 Queen St, Melbourne, VIC 3000. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia). If any clause or provision of these Terms of Use is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms of Use are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms of Use without affecting the enforceability of all remaining clauses and provisions.
26. Termination
These Terms of Use (and the agreement constituted by your use of the Site) and your access to the Site may be terminated at any time by the Company without notice. All licences granted by you and all disclaimers and limitations of liability by the Company will survive termination, however, you will no longer be authorised to access the Site.

If you breach any of the Terms of Use, then your permission to use LocalFitness.com.au automatically terminates.

These Terms of Use are governed by the laws of the State of Victoria, Australia.
27. Complaints
If you have a complaint about how we have collected or handled your personal information, please contact us here.

We will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a week.

If your complaint can't be resolved at the first instance, we will ask you to make a written Privacy Complaint in which you explain the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.

We will endeavour to acknowledge receipt of a written Privacy Complaint within 5 business days of receiving it and to complete our investigation into your complaint in a timely manner. This may include, for example, gathering the relevant facts, locating and reviewing relevant documents and speaking to relevant individuals.

In most cases, we aim for complaints to be investigated and a response provided within 30 days of receipt of the written Privacy Complaint. If the matter is more complex and our investigation may take longer, we will write and let you know, and tell you when we expect to provide our response.

If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner.
28. Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation or the Company then, in our sole discretion, we may transfer, sell or assign information collected on and through this Website (including, without limitation, Personal Information and other data, information and rights that LocalFitness has collected from you), to one or more relevant third parties. LocalFitness will not be required to obtain your prior consent or approval or to notify you of such a transfer.
29. Contact Us
If you have any questions about the personal information that we hold about you or the way we handle that personal information or our terms and conditions, please contact us
30. Terms & Conditions & Privacy Policy Changes
We reserve the right to change the Terms of Use at any time by posting the changes on the Site. You are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use. If you access the Site after any changes are posted, you agree to all changes.



By using www.localfitness.com.au, you acknowledge that you have read the Terms & Conditions and the Privacy Policy, and that you agree, accept and will be bound by the Terms & Conditions and Privacy Policy. If you do not agree and accept, without limitation or qualification, the Terms & Conditions and the Privacy Policy, please exit www.localfitness.com.au - Australia's Gym, Personal Trainer and Local Fitness Directory.
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