These terms and conditions (together with the documents referred to in them) tells you the terms of use on which you may make use of our application (our "Services"), whether as a member or guest. By accessing the Services you enter into a contract with Virgin Active Australia Pty Limited whereby your use of the Services is subject to these terms and conditions.
The Services are operated by Virgin Active Australia Pty Limited (ABN 68 126 741 133 ("Virgin Active", “we” or “us”)). It is important that you have read and understood all of the terms and conditions before using the Services.
Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, of our entire Services, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection or device are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not download, print off or copy any part of any materials published on our Services. You must not use any part of the materials on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content provided in our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our Services.
Although we make reasonable efforts to update the information contained in our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.
We aim to update our Services regularly, and may change the content at any time. We do not guarantee that our Services will always be available or be uninterrupted. If the need arises, we may suspend access to our Services, or close access to them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
You agree that Virgin Active will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in our Services or from access to other material on the Internet via web links from our Services.
We process information about you in accordance with our Privacy Policy. For more information about how we use personal data, please see our Privacy Policy.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
Any material you upload to our Services will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Services. We have the right to remove any material or posting you make on our Services.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are hosted, or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.
A breach of this provision may constitute a criminal offence under Australian law, including but not limited to the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities, including by disclosing your identity. In the event of such a breach, your right to use our Services will cease immediately.
We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, mobile device, software, data or other proprietary material as a result of your use of our Services or your downloading of any content from our Services, or any website linked to it.
Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The courts of New South Wales, Australia will have exclusive jurisdiction over any claim arising from, or related to, your use of our Services. However, we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant jurisdiction.
These terms of use, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.
We may revise these terms of use at any time. You are expected to check these terms and conditions from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Services.
If you have any concerns about material which appears on our Services, please contact us.