Website and App Terms and
Conditions of Use

  1. About the Website
    1. Welcome to (the ‘Website’) and/or the 98 Training App (the “App”) which are owned and operated by 98 Gym Pty Ltd (ABN 93 143 131 131) and 98 Training Pty Ltd (ABN 35 639 004 452) their subsidiaries and affiliates in Australia (collectively referred to as “98 Gym”, “we” or “us”).
    2. The Website Gym Memberships, Online Programs and any associated products or services provided via this Website and/or App are collectively the ‘Services’ which are provided by 98 Gym.
    3. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website and/or App, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and/or App, or any of Services, immediately.
    4. 98 Gym reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 98 Gym updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website and/or App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by 98 Gym in the user interface.
    2. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or App and/or the Terms, as we see fit
  3. Registration to use the Services
    1. In order to access the Services, you must first register for an account through the Website and/or App (the ‘Account’).
    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. an email address
      2. preferred username
      3. a mailing address
      4. a telephone number
      5. a password
    3. You warrant that any information you give to 98 Gym in the course of completing the registration process will always be accurate, correct and up to date.
    4. Once you have completed the registration process, you will be a registered member of the Website and/or App (‘Member’) and agree to be bound by the Terms.
    5. You may not use the Services and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with 98 Gym; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify 98 Gym of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      4. access and use of the Website and/or App is limited, non-transferable and allows for the sole use of the Website and/or App by you for the purposes of 98 Gym providing the Services;
      5. you will not use the Services or the Website and/or App in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of 98 Gym;
      6. you will not use the Services, Website and/or App for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website and/or App;
      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website and/or App without notice and may result in termination of the Services. Appropriate legal action will be taken by 98 Gym for any illegal or unauthorised use of the Website and/or App; and
      8. you acknowledge and agree that any automated use of the Website and/or App or its Services is prohibited.
  5. Payment
    1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
      1. Electronic funds transfer (‘EFT’) into our nominated bank account
      2. Credit Card Payment (‘Credit Card’)
      3. Cash (‘Cash’)
      4. Cheque (‘Cheque’)
      5. PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’)
      6. BPAY (‘BPAY’)
    2. All payments made in the course of your use of the Services are made using Ezidebit (‘Ezidebit’). In using the Website and/or App, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Ezidebit terms and conditions which are available on their website.
    3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
    4. You agree and acknowledge that 98 Gym can vary the Services Fee at any time.
  6. Refund Policy

    98 Gym will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of 98 Gym makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
  7. Copyright and Intellectual Property
    1. The Website, the App, the Services and all of the related products of 98 Gym are subject to copyright. The material on the Website and App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by 98 Gym or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by 98 Gym, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
        1. use the Website and/or App pursuant to the Terms;
        2. copy and store the Website and/or App and the material contained in the Website and/or App in your device’s cache memory; and
        3. print pages from the Website for your own personal and non-commercial use.

      98 Gym does not grant you any other rights whatsoever in relation to the Website, the App or the Services. All other rights are expressly reserved by 98 Gym.

    3. 98 Gym retains all rights, title and interest in and to the Website and the App and all related Services. Nothing you do on or in relation to the Website and/or App will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    4. You may not, without the prior written permission of 98 Gym and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website and/or the APP which are freely available for re-use or are in the public domain.
    5. You agree that your use of the Website and/or App will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.
    6. You agree that in using the Website and/or App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
    7. You agree that we may, and reserve the right to, remove any comments made by you about the Website and/or App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to 98 Gym.
  8. Privacy
    1. 98 Gym takes your privacy seriously and any information provided through your use of the Website, the App and/or Services are subject to 98 Gym’s Privacy Policy, which is available on the Website and/or App.
  9. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including under the Competition and Consumer Act (2010) (Cth) (“Australian Consumer Law”) (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. 98 Gym will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of Australian Consumer Law or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and/or App and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
  10. Limitation of liability
    1. 98 Gym’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that 98 Gym, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. Subject to the rights granted to you by Australian Consumer Law, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
    4. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for:
      1. death;
      2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
      3. the contraction, aggravation or acceleration of a disease; and
      4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community; or that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
  11. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by 98 Gym as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. providing 98 Gym with 14 days’ notice of your intention to terminate; and
      2. closing your accounts for all of the services which you use, where 98 Gym has made this option available to you.
        Your notice should be sent, in writing, to 98 Gym via the ‘Contact Us’ link on our homepage.
    3. 98 Gym may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. 98 Gym is required to do so by law;
      3. the provision of the Services to you by 98 Gym is, in the opinion of 98 Gym, no longer commercially viable.
      4. Subject to local applicable laws, 98 Gym reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 98 Gym’s name or reputation or violates the rights of those of another party.
    4. Indemnity
      1. You agree to indemnify 98 Gym, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
        1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with content you have posted on the Website and/or App;
        2. any direct or indirect consequences of you accessing, using or transacting on the Website and/or App or attempts to do so; and/or
        3. any breach of the Terms.
    5. General
      1. These Terms are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
      2. These Terms and Conditions form the entire agreement between us and you in relation to the Website and/or the App and your use of it.
      3. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
      4. All information provided by us on the Website and/or App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website and/or App may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website, the App or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website and/or App.