TERMS & CONDITIONS
Au Fitness Pty Ltd (ACN: 687 272 180) trading as Aus Fitness 24/7 | Last updated: May 2026
Please Read Carefully
These Terms & Conditions govern your use of the Aus Fitness 24/7 website at ausfitnessgym.com.au. By accessing or using this website, you agree to be bound by these terms in full. If you do not agree, please discontinue use immediately.
Acceptance of Terms
1.1 — Binding Agreement
By accessing, browsing, or using ausfitnessgym.com.au (the “Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”), our Privacy Policy, and any other notices or policies published on the Website.
1.2 — Capacity
By using this Website, you represent and warrant that you are at least 18 years of age and have the full legal capacity to enter into a binding agreement. If you are under 18, you may only use this Website with the involvement, supervision, and consent of a parent or legal guardian, who accepts these Terms on your behalf.
1.3 — Electronic Acceptance
Pursuant to the Electronic Transactions Act 1999 (Cth), your use of this Website and any online submission — including membership sign-up — constitutes a valid and enforceable electronic acceptance of these Terms, equivalent to a written signature.
1.4 — Continued Use
Your continued use of the Website after any posted changes to these Terms constitutes your acceptance of those changes. We will use reasonable efforts to notify you of material changes.
About Us
2.1 — Identity
This Website is operated by Au Fitness Pty Ltd (ACN: 687 272 180), trading as Aus Fitness 24/7 (“we”, “us”, “our”). Our principal place of business is 108 Epsom Road, Zetland NSW 2017, Australia.
2.2 — Website Purpose
This Website is provided for general information about Aus Fitness 24/7, its facilities, services, membership options, class schedules, and promotions. Content is informational only and does not constitute a contractual offer unless expressly stated. Membership is governed by a separate Membership Agreement.
Relationship to the Membership Agreement
3.1 — Separate Documents
These Terms govern use of this Website only and are entirely separate from the Aus Fitness 24/7 Membership Agreement. In the event of any inconsistency, the Membership Agreement prevails for all matters relating to your gym membership.
3.2 — No Contractual Offer
Website content about pricing, classes, and facilities does not constitute a binding offer. No membership contract is formed until both parties have executed a valid Membership Agreement. We reserve the right to decline any application at our discretion.
3.3 — Availability of Membership Agreement
Our current Membership Agreement is available upon request. Read it in full before signing.
Acceptable Use
4.1 — Permitted Use
You may use this Website solely for lawful, personal, and non-commercial purposes in accordance with these Terms and all applicable Australian and NSW laws.
4.2 — Prohibited Conduct
4.3 — Defamation
You must not post content that is defamatory of any person. Defamation is governed by the Defamation Act 2005 (NSW). We reserve the right to remove any content we reasonably believe may be defamatory and to report it to relevant authorities.
4.4 — Misleading Conduct
You must not engage in misleading or deceptive conduct on this Website, in contravention of the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) or the Fair Trading Act 1987 (NSW).
4.5 — Consequences of Breach
We may restrict, suspend, or permanently terminate your Website access without notice if we reasonably believe you have breached these Terms or are using the Website unlawfully. Termination of Website access does not affect any existing Membership Agreement.
Intellectual Property
5.1 — Ownership
All Website content — text, images, logos, graphics, video, layout, and code — is owned by or licensed to Au Fitness Pty Ltd and protected by the Copyright Act 1968 (Cth). All rights are reserved.
5.2 — Limited Licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to view Website content for personal, non-commercial use only. This does not include the right to download, reproduce, modify, sublicence, reverse engineer, or create derivative works without our prior written consent.
5.3 — Trade Marks
“Aus Fitness 24/7” and associated logos are trade marks of Au Fitness Pty Ltd. Nothing on this Website grants any right to use our marks without prior written consent.
5.4 — Moral Rights
To the extent permitted by the Copyright Act 1968 (Cth), any person submitting content to this Website consents to Aus Fitness 24/7 exercising acts that would otherwise infringe that person’s moral rights, including modifying or using content without attribution.
By submitting feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without compensation or attribution.
Website Availability & Accuracy
6.1 — No Guarantee of Uptime
We aim to keep the Website available at all times but make no guarantee of continuous, uninterrupted, or error-free access.
6.2 — Content Accuracy
We take reasonable care to ensure accuracy but do not warrant completeness or currency. Pricing, schedules, and hours are subject to change. Confirm current details directly with us before purchasing.
6.3 — Health & Fitness Information
Health, fitness, or exercise content is for general information only and does not constitute medical advice. Consult a qualified medical professional before commencing any exercise programme — consistent with the disclosure obligations in clause 12.1 of the Membership Agreement.
6.4 — Pricing Errors
If a price is displayed in error, we reserve the right to correct it and decline to honour the incorrect price, provided we notify you before processing payment. This does not affect your rights under the Australian Consumer Law.
Online Membership Sign-Up
7.1 — Pre-Contract Disclosure
Before completing an online membership application, you will be required to review and accept our full Membership Agreement. The Membership Agreement — not these Terms — governs your gym membership.
7.2 — Cooling-Off Period
You have a 7-day cooling-off period from your membership Start Date. To cancel, notify us in writing at AusFitness247@gmail.com. Pre-paid fees will be refunded less reasonable costs already incurred.
7.3 — Right to Decline
Submitting an online application does not guarantee acceptance. We reserve the right to decline any application at our absolute discretion, with any payment promptly refunded if declined.
7.4 — Age Requirement
Membership is available to persons aged 18 and over. By submitting an application, you confirm you meet this requirement.
Third-Party Links & Services
8.1 — External Links
Links to third-party websites are for convenience only. We do not control, endorse, or accept responsibility for third-party content, privacy practices, or availability.
8.2 — Payment Processing
Online payments are processed by Pay Choice, our authorised payment provider (referenced in clause 3 of the Membership Agreement). We do not store your card or bank account details. By making a payment, you also agree to Pay Choice’s terms.
8.3 — Social Media
Links to our social media pages are governed by those platforms’ own terms. We are not responsible for content hosted on third-party platforms.
User-Submitted Content
9.1 — Your Responsibility
You are solely responsible for ensuring any content you submit is accurate, lawful, not defamatory, and does not infringe third-party rights.
9.2 — Content Licence
By submitting content, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, display, reproduce, and adapt it in connection with our business without further compensation.
9.3 — Prohibited Content
Do not submit content that is defamatory, harassing, obscene, fraudulent, infringing, or unlawful. We may remove any content at our absolute discretion without notice and report unlawful content to relevant authorities.
Cookies & Tracking Technologies
10.1 — Cookie Use
This Website uses cookies and similar tracking technologies. By continuing to use the Website after being notified, you consent to non-essential cookies being placed on your device. Essential cookies operate on the basis of necessity.
10.2 — Cookie Types
- Essential — Required for Website function. Cannot be disabled.
- Analytics — Aggregated usage data via Google Analytics.
- Marketing / Retargeting — Targeted advertising via Meta Pixel and Google Ads.
- Functionality — Saves your preferences on return visits.
10.3 — Your Choices
Disable or delete non-essential cookies via your browser settings. You may also opt out of Google Analytics via the Google Analytics Opt-Out Add-on.
10.4 — Do Not Track
This Website does not currently respond to browser “Do Not Track” signals, as no consistent industry standard exists. Manage tracking preferences through your browser cookie settings.
Privacy
11.1 — Privacy Policy
Your use of this Website is governed by our Privacy Policy, incorporated into these Terms by reference. It explains how we collect, use, store, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Marketing Communications & Spam Act Compliance
12.1 — Consent-Based Marketing
We only send commercial electronic messages with your express or inferred consent, as required by the Spam Act 2003 (Cth). We will not send unsolicited commercial messages.
12.2 — Unsubscribe
Every marketing email includes a functional unsubscribe link. We will give effect to unsubscribe requests within 5 business days per the Spam Act 2003 (Cth). Opting out of marketing does not affect transactional communications.
12.3 — Do Not Call Register
If we conduct telephone marketing, we screen call lists against the Do Not Call Register in compliance with the Do Not Call Register Act 2006 (Cth).
Disclaimers
13.1 — “As Is” Basis
This Website is provided on an “as is” and “as available” basis without warranties, express or implied, to the maximum extent permitted by law.
13.2 — No Professional Advice
Nothing on this Website constitutes medical, legal, financial, or other professional advice. Seek independent advice before acting on any information.
13.3 — Fitness Results
Any results or testimonials referenced are illustrative only and not a guarantee of outcomes. Individual results vary.
13.4 — Security
We do not warrant that this Website is free of viruses or harmful components. Report any security vulnerability to AusFitness247@gmail.com immediately.
Australian Consumer Law — Statutory Guarantees
14.1 — Non-Excludable Guarantees
Under the Australian Consumer Law, consumers have statutory guarantees that cannot be excluded by contract — including that services will be rendered with due care and skill. Nothing in these Terms excludes, restricts, or modifies any such right.
14.2 — Where Limitation Is Permitted
To the extent our liability for breach of a non-excludable guarantee can be limited, it is limited to: (a) resupplying the service; or (b) paying the cost of having it resupplied.
14.3 — Unfair Contract Terms
We do not seek to rely on any term to the extent it would be an unfair contract term under Part 2-3 of the Australian Consumer Law. If any term is found unfair and void, the remaining Terms continue in full force.
Limitation of Liability
15.1 — Exclusion of Liability
Subject to clause 14, and to the maximum extent permitted by law, Au Fitness Pty Ltd and its officers, employees, agents, and contractors exclude all liability for any loss or damage arising from: your use of or inability to use this Website; errors or omissions in content; unauthorised access to transmitted data; third-party conduct; or Website interruption or termination.
15.2 — Cap on Liability
Where liability cannot be excluded, our total aggregate liability to you in connection with this Website will not exceed AUD $100. This cap does not apply to liability that cannot be capped under the Australian Consumer Law.
15.3 — Civil Liability Act
To the extent applicable, our liability is also governed by the Civil Liability Act 2002 (NSW), including its provisions on contributory negligence and proportionate liability.
Indemnity
16.1 — Your Indemnity
You agree to indemnify and hold harmless Au Fitness Pty Ltd and its officers, directors, employees, agents, and contractors from any claims, liabilities, damages, losses, and costs (including reasonable legal costs) arising from: your use or misuse of this Website; content you submit; your breach of these Terms or applicable law; or your infringement of any third-party right.
16.2 — Limitation on Indemnity
This indemnity does not apply to the extent that a loss is caused or contributed to by our own negligence, wilful misconduct, or breach of these Terms or applicable law.
Force Majeure
17.1 — Definition
A “Force Majeure Event” includes: acts of God; pandemic or public health emergency; government orders or restrictions; natural disasters; war, terrorism, or civil unrest; power or internet outages; cyber attacks; or acts of government authorities.
17.2 — No Liability
We are not liable for failure or delay caused by a Force Majeure Event, provided we take reasonable steps to mitigate impact and notify you as soon as practicable.
17.3 — Continuation
If a Force Majeure Event continues for more than 30 days, either party may terminate any relevant arrangement by written notice. Your statutory rights under the Australian Consumer Law are not affected.
Facility & Service Changes
18.1 — Right to Modify
We may modify, suspend, or discontinue any facilities, services, classes, or operating hours at any time for safety, operational, legal, or commercial reasons.
18.2 — Website Accuracy
Schedules and hours on this Website are indicative only and may not reflect real-time conditions. Check directly with us for time-sensitive information.
18.3 — No Claim for Loss of Access
Subject to the Australian Consumer Law and your Membership Agreement rights, temporary changes to facilities or hours do not entitle you to compensation or fee reductions, except as expressly provided in the Membership Agreement.
Dispute Resolution
19.1 — Contact Us First
For any dispute, contact us first at AusFitness247@gmail.com. We will acknowledge within 5 business days and aim to resolve within 30 days.
19.2 — NSW Fair Trading
If unresolved, refer your complaint to NSW Fair Trading for mediation: fairtrading.nsw.gov.au or call 13 32 20.
19.3 — NCAT
You may apply to the NSW Civil and Administrative Tribunal (NCAT) for consumer disputes up to $100,000 without needing a lawyer: ncat.nsw.gov.au.
19.4 — ACCC
For Australian Consumer Law breaches: ACCC at accc.gov.au or 1300 302 502.
Changes to These Terms
20.1 — Right to Amend
We may update these Terms at any time. Changes take effect upon posting with an updated effective date. We will notify you of material changes via email or Website notice.
20.2 — Severability
If any provision is found invalid or unenforceable, it is severed to the minimum extent necessary and the remaining Terms continue in full force.
20.3 — Waiver
Our failure to enforce any right at any time does not waive that right. No waiver is effective unless in writing by an authorised representative.
20.4 — Entire Agreement (Website Only)
These Terms and our Privacy Policy constitute the entire agreement regarding use of this Website. Your gym membership is governed exclusively by the Membership Agreement.
Governing Law & Jurisdiction
21.1 — Applicable Law
These Terms are governed by the laws of New South Wales, Australia, and applicable federal laws including the Competition and Consumer Act 2010 (Cth), Privacy Act 1988 (Cth), and Electronic Transactions Act 1999 (Cth).
21.2 — Jurisdiction
Subject to clause 19, you submit to the exclusive jurisdiction of the courts of New South Wales, Australia for any dispute arising from these Terms or your Website use.
Contact Us
- Address: 108 Epsom Road, Zetland NSW 2017
- Email: AusFitness247@gmail.com
- Website: ausfitnessgym.com.au
We aim to respond within 5 business days.