Uplift Gym Privacy Policy + Terms and Conditions
Last updated January 2021.
Privacy Policy.
Thank you for visiting the website, originally founded in Canada. We respect and protect the privacy of our users. This privacy policy tells you how we collect and use information.
If you contact us, we will collect the email address you nominate and any other identifying information you provide, such as a name or phone number. We may use this information for Uplift Gym marketing purposes. We will never sell this private information to third parties.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). By accessing and using this website, you agree to this privacy policy. If you do not agree with this privacy policy, please do not use or access this website.
What is Personal Information?
“Personal information” is personally identifiable information such as your name, residential address and email address and includes information about your products, services, subscriptions and usage, credit card information and billing records. It does not include the name, title, business address or telephone number of an employee of an organization.
What kind of personal information does Uplift Gym collect?
We collect various types of personal information including: Your name, shipping address, email address, telephone number, credit card information, or demographic information like Your age, gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting Us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases. This information will be used for the primary purpose for which it was collected, which may include: responding to your message, communicating with you about the requested service or product, and processing payments for any and all purchases made by you through the website and links.
Uplift Gym also collects certain technical information from your computer each time you request a page during a visit to our web site www.upliftgym.com.au.This information is collected from your computer’s Web browser to enhance your experience on our web site and may include your IP address, desktop or mobile operating system, Web browser software, screen resolution, and referrer Website.
How Does Uplift Gym] collect personal information?
We collect personal information that is voluntarily provided to us by our customers, members, sponsors, web site users and the public in general when they contact us via telephone, e-mail, web browser, or in person. As mentioned above, we may also collect personal information from our business partners and other third parties who have agreed to obtain the consent of the person the information pertains to before disclosing the information to us. Uplift Gym may also collect personal information through the following means:
i) Cookies .A cookie is a piece of data stored on a web site user’s computer hard drive containing information about the user. Cookies automatically delete this information from our computer storage system after 30 days, but permanent cookie files remain on the user’s computer’s hard drive until they manually delete the file. Uplift Gym can use cookies to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our website. Cookies, by themselves, cannot be used to disclose your individual identity. A cookie will identify your browser, but not you, to our computer servers when you visit our website. Most browsers are initially set up to accept cookies, but you can set your browsers to refuse cookies. However, if you do not accept cookies, you may be limited in some areas of our website.
ii) Web beacons. To assess the effectiveness of promotional and marketing emails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the email. This only occurs if the recipient’s computer supports such technology.
iii) Google Analytics, Shopify Analytics + Facebook Pixel. We may partner with third-party analytic companies, including, but not limited to, Google Analytics, Shopify Analytics, Facebook Pixels. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access Our website, You must consent to the collection and use of Your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if You have questions. If You do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Why does [Uplift Gym collect personal information?
Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Collecting Data from Children
This website or mobile app is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact Us so that We may delete that data.
Sensitive Data
We request that You do not submit any sensitive data to Us, via public postings, email correspondence with Us, or any other method, including social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Us this information, then by doing so You are consenting to Our use, storage, and processing of this information in accordance with this privacy policy.
Verifying and Amending Your Personal Information
Uplift Gym tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. To enable us to do so, please inform the person to whom you provided your personal information of any change to that information.
You can inquire about, access and review your personal information held by [Uplift Gym and make corrections to it. Please send us an email to admin@upliftgym.com.au for assistance with these matters. In some cases, Uplift Gym will be prevented from disclosing the requested information to you. If any request you make for access to personal information is denied, we will provide you with an explanation.
Website Analytics / Cookies
To improve your experience on our site, we may use 'cookies'. Cookies are an industry standard and most major websites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.
Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and web page usage.
Terms And Conditions.
Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them. The following terms and conditions form a binding agreement (“Agreement”) between you and [Uplift Gym . We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions.
Canadian Copyright Law
Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.
a) Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized byUplift Gym , is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from [Uplift Gym You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, withoutUplift Gym written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Uplift Gym A usage fee may be assessed depending on the type and nature of the proposed use.
b) Links to Third Party Websites
The Uplift Gym website contains links to third party websites. The linked sites and pages are not under the control of Uplift Gym and Uplift Gym s not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement or sponsorship of the linked website by Uplift Gym
c) Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Uplift Gym linked to these terms and conditions constitute the entire Agreement between you and Barks & Recreation relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Uplift Gym making such amendments or modifications available on this website.
d) Limitation of Liability and Indemnity
IN NO EVENT WILL Uplift Gym OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW. As a condition of your use of this website, you agree to indemnify Uplift Gym and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
Resolving Your Concerns
If you have any questions or concerns aboutUplift Gym personal information collection, use and disclosure practices, or terms and conditions, please let us know and we will do our best to help you. Please contact us directly at admin@upliftgym.com.au
Refund Policy
Membership Terms & Conditions
This agreement is made between Uplift Gym ABN 24981534152 and the member whose name appears in the application for membership agreement (“you”).
The Club Rules, these Terms and Conditions, Pre- Exercise Questionnaire, any express waivers you have signed as part of the joining process and your Membership Application make up the entire agreement between the parties (“the Agreement”).
As a member you must use our Club in accordance with the following terms and conditions:
1. MEMBERSHIP TYPES
We offer the following types of Membership:
Ongoing membership types are deemed “no commitment” (no minimum term). This just means we require ONE month notice to our email admin@upliftgym.com.au with your name to cancel. This needs to be in writing and will be cancelled after one month.
2. JOINING AND ACCESS
When you join our Club, you will need to give us personal information about you and will need to go through reception to come into the space.
2.1. Agreement Start Date
If our Club is open, the date you sign this Agreement (unless we agree to a later date) is the day the agreement starts. Otherwise, the date our Club opens provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is the day you are notified that our Club has opened..
2.2. Orientation
You may be required to participate in a Member orientation to familiarise you with the Club.
2.3. MINIMUM AGE
For safety and security reasons you must be at least 16 years old to become a Member. However, if you are aged between 16 years and 18 years old, a parent or guardian must sign all documents required by us and must accompany you at the Club. We reserve the right to refuse you access to the Club if you are aged between 16 and 18 years and attend the Club without your parent or guardian present.
2.4. COOLING OFF
If you change your mind after joining, you have 48 hours to cool off or cancel your Membership starting on the Start Date (ending on 11:59pm that day). To be effective, you must let us know in writing at any time during this 48 hour cooling off period.
3. YOUR HEALTH AND SAFETY
3.1 Your physical condition
When you sign this Agreement and each time you use the Club, 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 Club until you have sought appropriate medical guidance and been given the go-ahead.
You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
You promise that information you give us will be true and accurate and not misleading in any way.
4. FEES
4.1. General
The Fees (including your Membership Fee) you have to pay have been explained to you when you selected your Membership Type or as otherwise set out in this Agreement. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to the Club until all outstanding amounts have been paid. Your Membership may also be terminated if any Fees remain unpaid for 28 days or more. You will still be liable for all unpaid amounts.
4.2. Membership Fees
If this is a Fixed Term Agreement you must pre-pay your Membership Fees (pay them up front) when you sign this Agreement.
If this is an Ongoing Agreement, you must pay Membership Fees on a weekly basis in advance until your Agreement ends .The Ongoing Agreement will continue unless cancelled in writing. A pro rata charge for Membership will be made at the time the Membership application is accepted by us. This charge is based on the number of days between the Start Date and the first direct debit date.
4.3. If you do not pay a Fee when due
If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement.
4.4. Fee increases
We review Membership Fees and other Fees periodically and may change the Membership Fees from time to time. Your Membership Fees and other Fees may be increased at the discretion of and at any time by us, subject to us providing ninety (90) days written notice. To avoid doubt, this notice period does not apply if you are renewing a Fixed Term Agreement. If you do not agree to the increase you may cancel your Membership.
5. DIRECT DEBIT
5.1. Direct Debit Payment Agreement
If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (Ezidebit).
You will be provided with a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.
You must keep your account details up to date. You will be charged by the biller if you fail a payment due to details not being updated. We do not refund for this.
The following transaction fees apply:
-
Bank account (BSB and Account number) $0.80 per transaction
-
Visa and MasterCard 1.87% of the transaction
-
AMEX and Diners: 4.4% of the transaction
5.2. Late or rejected direct debit payments
You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.
If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee of $10.20. Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.
-
PUTTING YOUR MEMBERSHIP ON HOLD
In any 12 month period you may freeze your Membership for a minimum of 1 week and a maximum of 12 weeks so long as your account is up to date. We will not “backdate” any freeze request and a freeze request cannot take place during the notice period of a cancellation request.
In any 12 month period you are entitled to a 4 week hold period free of charge. Any additional hold beyond this will incur a Hold Fee of $5 per week. This will be added to your next billing cycle. Where you, by reason of temporary physical incapacity are unable to undertake physical activity at the Club, you may freeze your Membership for a maximum of three months in any 12 month period, but you must give us proof (such as supporting documentation) to our reasonable satisfaction.
If you have a medical reason, we will not charge you for this extended time freeze to allow you time to recover.
All holds outside of the first complimentary 4 week timeframe require a written request via email to admin@upliftgym.com.au
7. CHANGES TO MEMBERSHIP TYPE
You may decide you want to change the type of Membership you hold. If you signed up to a COACHED Membership and you want to change to a OPEN GYM Membership (downgrade) you are required to provide a minimum of 14 day notice period. If a hold is placed during the downgrade notice period, the downgrade notice period will pause while the hold is in place and restart when the hold has finished.
If you signed up to a OPEN GYM Membership and want to change to a COACHED Membership (upgrade), this change will require a 1 day notice period.
In both instances, if the Membership is within the minimum term, the remainder of the minimum term period will transfer to the new Membership.
All Membership changes require a written request via email to admin@upliftgym.com.au
8. CONDUCT
8.1. Proper use of equipment
You promise to take care to use the equipment safely and properly.
8.2. Guests
You may bring a guest into a Club but only if they register with Club staff, pay a Casual Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre-Exercise Questionnaire and any other forms we require.
8.3. Illegal performance enhancing or other illicit substances
You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Club.
8.4. No Commercial activity unless approved
You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.
12.6. Action for risky or inappropriate conduct
If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
9. SECURITY
9.1. 24 Hour CCTV cameras
The Club is under 24-hour camera surveillance. Whether you are working out, entering / leaving the Club or restrooms, Your activities are recorded. The video is used for security purposes. The security system does not protect you in or on the Premises.
9.2. Entering the premises
You are only allowed to enter the premises from the front door & register with reception.
10. COMPLAINTS AND FEEDBACK
If you have any concerns about the Club or anything else in relation to your Membership, you should first raise it with Club staff.
If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a complaint to admin@upliftgym.com.au
