Terms of Use

Terms of use.

This website is operated by Barcaldine Fitness Centre Inc By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms & conditions, please don’t use, or access this Website. Barcaldine Fitness Centre may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses, or expenses which you may incur as a result of your participation.

Each time you use this Gym, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Gym until you have sought appropriate medical guidance and been given the go-ahead.

You promise that information you give us will be true and accurate and not misleading in any way. You must not use the Gym if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

For safety and security reasons you must be at least 16 years old to register for this Gym. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your membership, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Gym or to the contents and components of the Gym or are in any way in breach of these terms and conditions.

You must not:

use this Gym (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;

disrupt, interfere with, reverse engineer or compromise the security of this Gym or any software or hardware used in connection with this Gym; or

restrict, inhibit or interfere with any other user’s use or enjoyment of this Gym.

Privacy

All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by Barcaldine Fitness Centre according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to Barcaldine Fitness Centre dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Gym in accordance with any other policies that we publish on this Website from time to time.

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

Cookies

During your use of this Website, Barcaldine Fitness Centre may issue and request cookies to and from your computer or mobile device. By using this Website you authorise Barcaldine Fitness Centre to issue and request such cookies.

Barcaldine Fitness Centre does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and

This Website and its contents are provided on an “as is” basis without any warranties of any kind. Barcaldine Fitness Centre may change this Website or limit or terminate your access to this Website at any time without notice.

Limitation of liability

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Barcaldine Fitness Centre will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold Barcaldine Fitness Centre harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

Inconsistency

In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.

Applicable law

By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of Queensland and under the exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.

These terms and conditions were last updated in January 2022.