Terms & Conditions

Welcome to MiGym.com.au. Before purchasing a gym membership via MiGym.com.au, please take the time to read the following terms and conditions. We advise you to only purchase a membership if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.

1. INTRODUCTION

a. By purchasing a gym membership via MiGym.com.au, you are agreeing to abide by the rules of the membership. You also acknowledge and agree that you are medically sound to undertake a normal course of exercise, you use any fitness facility associated with MiGym.com.au (regardless of location) at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. These terms are stated below.

b. All queries and comments about the Services provided under this Agreement should be directed to MiGym.com.au.

2. DEFINITIONS

In this Agreement unless the contrary intention appears:

a. The singular includes the plural and vice versa.

b. A reference to a party includes that party’s legal personal representative heirs and assigns.

c. ”MiGym.com.au” means MiGym.com.au Pty Ltd

d. “Fitness Providers” means List of businesses and locations outlined on the MiGym.com.au Website.

3. ESSENTIAL DATES

a. The membership is valid from the start date selected by the member.

b. Memberships must start within 30 days of purchase date.

4. RECEPTION AND ACCESS

On their first visit, all members must visit during staffed hours and show valid photo identification. Staffed hours can be found on the fitness providers website or their dedicated MiGym.com.au page. Members may be asked to fill out some additional fitness screening paperwork on their first visit.

5. AGE

By entering into this membership you confirm that you are at least 18 years of age.

6. MEMBERSHIP OBLIGATIONS

a. To join a fitness provider through MiGym.com.au you are required to:

i. Be 18 years of age or older; and

ii. Comply with all MiGym.com.au Terms and conditions; and

iii. Comply with all Fitness Providers individual Terms, Conditions and Rules; and

iv. Comply with all Fitness Providers individual Terms, Conditions and Rules when booking Group Fitness Classes, Sessions and Facilities; and

v. Pay all agreed fees to MiGym.com.au, ensure sufficient funds are available to cover all fees and advise us in advance if your credit card is closed or changed; and

vi. Update your contact details when they change; and

vii. Inform Fitness Providers in advance if there is any risk to your health if you participate in fitness services.

7. MEMBERSHIP & BILLING CYCLE

a. By signing up to a Fitness Provider though MiGym.com.au, you authorise MiGym.com.au to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a different membership, and you authorise us to charge your Payment Method for such varying amounts.

b. Your membership starts from the date of purchase, unless you select a later start date during the signup process. If you chose a later start date, you will not be able to access the fitness provider until that date. Your membership will continue to automatically renew each month unless it is cancelled or terminated. For example, if you purchase your membership on the 5th of September, it will automatically renew on the 5th of October. Should you join on the 31st and the last day of the following months are the 28th or 30th, you will be charged on the 28th or 30th.

c. Should you choose a later start date during the signup process, your credit card will be charged the first month’s payment, and any administration fees and/or optional extras you choose. Your next payment won’t be due until your selected membership start date. For example, if you join on the 5th of September and choose your membership start date to be the 12th of September, you will be charged your first month’s payment and administration/optional extras on the 5th of September. Your monthly membership dues will then be charged to your credit card on the 12th of October, and the 12th of each month until it is cancelled or terminated.

8. MEMBERSHIP SUSPENSION

You can suspend your membership for a minimum of two weeks, with a total of 4 weeks suspension per year. You can suspend your membership online, by logging into your MiGym.com.au dashboard. Suspending your membership will alter your billing cycle, dependent on how long you suspend your membership. For example, if your payments are deducted on the 12th of each month and you suspend your membership for 2 weeks, your new billing date will be be the 26th. If this is an issue, it is your responsibility to contact MiGym.com.au to make arrangements.

9. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS

There are variations in the facilities and services provided at different Fitness Providers, which could include but not limited to personal training, child minding, small group training, massage therapy and physiotherapy . To ascertain exactly what a particular club provides in addition to the above entitlements, please enquire at the club directly. There may be additional fees charged to access these facilities and services.

10. DAMAGE & PERSONAL INJURY

To the extent permitted by law, MiGym.com.au and all Fitness Providers excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products & advice provided by MiGym.com.au and all Fitness Providers, and/or any act or omission of MiGym.com.au and all Fitness Providers.

11. REFUNDS

There is a 7 day cooling off period from the purchase date of your membership; upon return of all facilities property (membership tag, promotional products etc.) After the 7 days, payments are non-refundable.

12. PRIVACY

A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by MiGym.com.au and all Fitness Providers to provide you with the services contemplated by this Agreement.

13. ELECTRONIC SIGNATURE

You acknowledge and agree that by clicking on the button labeled “JOIN NOW,” on the signup page you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these terms.

14. ENTIRE AGREEMENT

This Agreement constitute the entire agreement, understanding and arrangement (express and implied) between the Member, MiGym.com.au and all Fitness Providers relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

MiGym.com.au Giveaway Terms & Conditions

1. In order to qualify for the giveaway program conducted through MiGym.com.au, you must join a fitness provider listed on the MiGym.com.au website, via the MiGym.com.au website www.migym.com.au.

2. The promotion period runs for the entire calendar month, unless otherwise stated.

3. Each member can receive a maximum of one voucher/product or giveaway during this promotional period.

4. First time users only.

5. Giveaway will be sent to the members within 30 days of the members start date either via mail or regular post.

6. Giveaway is not transferable and cannot be exchanged or redeemed for cash.

7. To the extent permitted by law, MiGym.com.au, its employees and agents, will not be liable for any claims, damages, injuries, costs or expenses suffered or incurred (including but not limited to indirect or consequential loss) as a result of, or arising out of, or in any way connected to any giveaway or promotion.

MiGym.com.au Referral Terms and Conditions

1. In order to qualify for the MiGym.com.au referral program, you must be a current member of a fitness provider listed on the MiGym.com.au website, and you must have signed up to said current membership via the MiGym.com.au website www.migym.com.au.

2. You will be credited the promotional dollar value to your account when someone uses your unique referral code/referral link to join any fitness provider on the MiGym.com.au website, via the MiGym.com.au website.

3. The referred person must pay all administration fees and their first month’s membership before the credit will hit your “MiGym.com.au Wallet”.

4. This credit will then become a deduction from your next monthly installment.

5. The referred person must abide by all MiGym.com.au and fitness providers terms and conditions.

6. Referral credit is not transferable and cannot be exchanged or redeemed for cash.

7. To the extent permitted by law, MiGym.com.au, its employees and agents, will not be liable for any claims, damages, injuries, costs or expenses suffered or incurred (including but not limited to indirect or consequential loss) as a result of, or arising out of, or in any way connected to any giveaway or promotional program.