IMPORTANT – Please read these Terms carefully prior to purchasing, installing, subscribing or downloading the My Gym Rewards mobile application (“App”) or the Subscriber Software Dashboard.
These Terms relate to the My Gym Rewards website (www.mygymrewards.com) and the My Gym Rewards App provided by My Gym Rewards Pty Ltd (ACN 668 861 783) (“My Gym Rewards”,“us”or “we”) of PO Box 3030 MENTONE EAST 3194, Melbourne, Victoria, Australia and apply to you as a paid user of the App (“Subscriber”, "you" or “your”) as at the date you download and use the App and/or the Subscriber Services.
The App is available either by purchase or for free from the Apple, Inc (“Apple”) “App Store” or the Google LLC (“Google”) “Google Play” platform. Neither Apple or Google are a party to this Agreement, however, Apple and Google are third party beneficiaries of this Agreement and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
1.1 By subscribing, downloading, accessing and using the App or Subscriber Services, you are agreeing to the terms and conditions contained in these Terms as may be amended from time to time.
1.2 We reserve the right to vary, modify or change Terms at any time. Any changes will be effective upon posting the updated terms within the App, and on the sign up Subscription page Terms and Conditions, or providing notice to you.
1.3 It is your responsibility to review these Terms periodically to stay informed about any changes. Your continued use of the App and/or the Subscriber Services after the modified terms have been posted or notified constitutes acceptance of the updated Terms.
1.4 If you do not agree to the terms and conditions contained in these Terms you should not use the App or the Subscriber Services
1.5 We reserve the right to change, suspend or terminate the Subscriber Services (or any part of them) at any time without notifying you first.
1.6 To be eligible to use the App and the Subscriber Services as a Subscriber, you must:
1.7 Upon subscribing to or using the App and/or the Subscriber Services you accept and will be bound by these Terms.
2.1 To use the App and the Subscriber Services you must have:
2.2 Any personal information provided to us will be held and used by us in accordance with the Privacy Policy referred to in clause 12.1 below.
2.3 You must provide current, correct and complete information when you register your Subscriber Account.
2.4 You are only permitted to register and maintain one (1) Subscriber Account and the Subscriber Account must be in your own name or the Business’s name.
2.5 You can manage your Subscriber Account via the Subscriber Software Dashboard, including changing any of the information provided and requesting cancellation of your Subscriber Account. It is your responsibility to cancel your Subscriber Account should you no longer wish to be a Subscriber via the Subscriber Software Dashboar
2.6 We may from time to time advertise promotions including, but not limited to, discounts and/or other perks and competitions (“Promotions”) offered by sponsors or brand partners of the App (“Brand Collaboration Partners”). Any Promotions offered by Brand Collaboration Partners may be communicated to you via push notifications or directly emailed to the address associated with your Subscriber Account and may be subject to additional terms as well as the terms and conditions of these Terms.
3.1 As a Subscriber of the My Gym Rewards App, you will have the right to access the Subscriber Software Dashboard and use the following services and features:
(“Rewards Program”)
(collectively, the “Subscriber Services")
3.2 Members may only redeem Rewards from the relevant Rewards Program while they remain current members of your Business. We may provide standard instructions to Members on how to redeem a Reward, however, Subscribers must provide instructions in relation to any redemption requirements that are specific to their Rewards Program.
3.3 Subscribers and Members are responsible for any additional costs they may respectively incur in relation to the provision and redemption of any Rewards, including but not limited to travelling to and from the Subscriber’s Business premises.
3.4 You may specify the timeframes within which a Reward must be redeemed and when it will expire. You may also determine any limits on the number of Rewards your Members may receive or other conditions such as time of day, day, availability or similar. Subject to applicable laws, you may change these conditions without notice.
3.5 You are responsible for the provision of any Benefits offered by you to your Members and agree to indemnify and hold us harmless if:
3.6 It is your responsibility to ensure that Members are in fact current members of your Business and that they are entitled to redeem a Reward under your Rewards Program.
3.7 Any Rewards you offer must be on the condition that they:
3.8 As the provider of the Rewards, you are responsible for the Reward, not us. You acknowledge that you are not our agent nor are we, your agent. You acknowledge and agree that we are not liable for the availability, quality or fitness for purpose of any of the Rewards that you offer under your Rewards Program.
4.1 As a Subscriber, we grant you a personal, limited, non-exclusive, non-sublicensable and non-transferable licence to download, install and use the App and, subject to payment of the subscription fees, the Subscriber Services, including accessing the Subscriber Software Dashboard, strictly in accordance with the terms and conditions of these Terms.
4.2 These Terms apply to all upgrades and updates to the App, unless such upgrade or update is provided on the express basis that it will be subject to a separate licence, in which case, the terms of that new licence shall apply.
4.3 We reserve the right to add or remove features or functions of the App. Your use of the App is voluntary and may be uninstalled by you at any time, however, you will be unable to access or use the App and the Services thereafter.
5.1 By accessing or using the Subscriber Services, including the Subscriber Software Dashboard, you agree to pay the monthly subscription fees as outlined in the pricing or subscription plan specified on the Website.
5.2 The monthly subscription fees may be subject to change, and any changes will be communicated to you in advance. Continued use of the Subscriber Services, including accessing the Subscriber Software Dashboard, after the fee change constitutes acceptance of the new subscription fees.
5.3 All subscription fees are payable in the currency specified in the App or on the Website and are exclusive of any applicable taxes, unless otherwise stated.
6.1 You agree to provide accurate and complete payment information when creating your Subscriber Account. This includes valid credit card details or any other accepted payment method.
6.2 By providing payment information, you authorise us or our designated third party payment processor (“Payment Processor”) to charge the subscription fees to the specified payment method. If a third party payment processor is used, all financial transactions will be processed in accordance with that third party’s terms of use, privacy policy and/or any applicable payment terms and conditions.
6.3 You are responsible for ensuring that your payment information remains up-to-date. If we or our designated Payment Processor are unable to process the subscription fee due to invalid or expired payment details, your access to the App and/or the Subscriber Services, including accessing the Subscriber Software Dashboard, may be suspended or terminated.
7.1 The subscription will automatically renew at the end of each billing cycle unless you cancel the subscription in accordance with the cancellation policy outlined in these Terms.
7.2 By subscribing to the Subscriber Services, including accessing the Subscriber Software Dashboard, you authorise us or our Payment Processor to automatically charge the subscription fees to your payment method on the renewal date.
7.3 The renewal date refers to the start of each new billing cycle, which is typically be the same day as the initial subscription date each month or a subsequent renewal date.
8.1 You may cancel your monthly subscription at any time by following the cancellation procedure specified in the App, the Subscriber Software Dashboard, or on the Website. The cancellation will take 72 hours to process.
8.2 Subject to the Australian Consumer Law, no refunds or credits will be provided for any unused portion of the subscription period.
8.3 In the event of a valid cancellation, you will continue to have access to the Subscriber Services for up to 72 hours after which your access will be terminated unless you renew your subscription.
9.1 We reserve the right to suspend or terminate your access to the App and/or the Subscriber Services, including the Subscriber Software Dashboard, in the event of non-payment or failure to comply with these Terms.
9.2 In the case of suspension or termination due to non-payment, your access to the App and/or the Subscriber Services, including the Subscriber Software Dashboard, will be reinstated upon successful payment of any outstanding subscription fees.
9.3 We may also suspend or terminate your access to the App and/or the Subscriber Services, including the Subscriber Software Dashboard, for any other violations of these Terms or if deemed necessary to protect the integrity and security of the App.
9.4 In the event your access to the App and/or the Subscriber Services, including the Subscriber Software Dashboard, is suspender or terminated any reason, You:
10.1 We reserve the right to modify the subscription fees at any time. Notice of any fee changes will be provided to you in advance, and you will have the opportunity to accept or decline the new fees.
10.2 If you decline the new subscription fees, your subscription will be cancelled at the end of the current billing cycle, and you will no longer have access to the Subscriber Services.
11.1 The download, installation, access and use of the App and the Subscriber Services, including the Subscriber Software Dashboard, are at your own risk and cost.
11.2 We are not responsible for the content of any other websites, social media platforms or applications linked on the App. If you access other websites using the links provided they may have their own terms and conditions.
11.3 The App may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the social media platform).
12.1 We collect, use and disclose your personal information in accordance with the My Gym Rewards Privacy Policy available for review on the My Gym Rewards website.
13.1 You:
13.2 This app contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the app or our name or the name of our related bodies corporate without our prior written consent. Additionally, where applicable, you must not use any of the other company, product and services marks on the app that are owned by other third parties (including our Brand Partners and/or other subscribers of the App) without obtaining the relevant third party owner’s consent.
14.1 To the maximum extent permitted by law, we shall not be liable for any direct, incidental, consequential, indirect loss or punitive damages arising out of or in connection with these Terms or your or your Members’ use of the App and/or the Subscriber Services, including the Subscriber Software Dashboard.
14.2 To the maximum extent permitted by law, your sole and exclusive remedy for any dispute with us related to these Terms, the App or the Subscriber Services, including the Subscriber Software Dashboard, shall be uninstalling the App, cancelling your subscription and ceasing use of the App and Subscriber Services, including the Subscriber Software Dashboard.
14.3 You agree to indemnify and hold harmless us and our successors and assigns from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities and damages including interest, penalties and legal costs, that we may incur or suffer directly, or indirectly, as a result of or in connection with your use of the App or the Subscriber Services, including the Subscriber Software Dashboard.
14.4 My Gym Rewards and you acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Subscriber Services.
14.5 To the maximum extent permitted by law, Apple and Google shall have no liability of any kind whatsoever with respect to the App or the Subscriber Services.
15.1 We may monitor your Subscriber Account activity and, if we reasonably determine that there are signs of fraud, abuse or suspicious activity, or any breach of these Terms, terminate or suspend your Subscriber Account at our discretion.
15.2 To the extent permitted by law, the App is provided on an “as is” and “as available” basis without any warranties of any kind either express or implied. We disclaim all warranties of merchantability, non-infringement and fitness for a particular purpose or that the App will be error-free, operate without interruptions or downtime or free from harmful code or viruses.
15.3 The App is provided with the guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). You have rights under the ACL for minor and major failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduce value of any goods or services. For a minor failure, we may decide to provide you with a replacement or refund for goods or services, or a re-supply of a service.
15.4 The type of remedy offered (if any) will be dependent upon, amongst other things, the nature and time of the claim you make.
If you have any questions, contact us at: support@mygymrewards.com