Terms and conditions
1. COOLING OFF PERIOD
1.1 Your membership is subject to a 7-day cooling off period. If you change your mind, you must advise us in writing within the cooling off period. If you cancel within the cooling off period no refund will be provided for any payments you have made to us.
2. HEALTH & SAFETY
2.1 You should not attend any class or use the online platform unless you have sought medical guidance and been given clearance to participate.
2.2 You authorise that you are currently in good, physical condition and it is your responsibility to ensure that each time you attend a class in studio or use our online platform you are in good, physical condition.
3. MEMBERSHIP SUSPENSION
3.1 You may suspend your membership for up to 8 weeks within a 12-month period, provided that your fees are up to date.
3.2 Suspensions must be in 1 week increments and your membership cannot be suspended indefinitely.
3.3 Your request for suspension must be received in writing at least 7 days prior to the commencement of the suspension.
3.4 If you are still within the minimum term of your membership, the minimum term will be extended by the length of your suspension.
4. CLASS BOOKINGS & ATTENDANCE
4.1 We recommend that you book your attendance at any class. This can be done via our app or our website.
4.2 If you are unable to attend a class you have booked, you must cancel your booking no later than 4 hours prior to the start of that class.
4.3 If you cancel your class booking within 4 hours of the start of the class or if you do not cancel your class booking and fail to attend, you will be charged a fee of $10.
5. ONGOING MEMBERSHIP
5.1 This is an ongoing membership. That means that you have agreed to a minimum term and once that term passes, your membership is ongoing on a weekly basis and it will continue unless you cancel in accordance with Clause 7 of this agreement.
6. PAYMENT OF MEMBERSHIP FEES AND DIRECT DEBIT ARRANGEMENTS
6.1 By providing us with your credit or debit account details (“your nominated account”) you authorise our third-party billing company to deduct your membership fees from that account on a weekly basis.
6.2 In the event that any authorised payment is rejected or is otherwise unsuccessful you will be charged the late payment fee, which is $7.50 for each rejected payment.
6.3 You authorise us and/or our third-party billing company to deduct any fees associated with your membership including but not limited to late class cancellation fees, class no show fees and late or non-payment fees related to your direct debit.
6.4 You must ensure that that your nominated bank account contains sufficient funds at the time of billing and that your account is otherwise able to be debited. We are not responsible for any fees you may be charged by your bank or financial institution if your account becomes overdrawn as a result of an attempted debit.
7. MEMBERSHIP CANCELLATION WITHIN THE MINIMUM TERM
7.1 You can cancel your membership for medical reasons if:
(i) You are no longer able to participate in our classes as a result of a serious medical condition or permanent physical incapacity; and
(ii) You provide us with satisfactory written evidence from a medical practitioner who has treated you for that medical condition or permanent physical incapacity; and
(iii) You provide us with 21 days’ written notice.
7.2 You can cancel your membership if you move if:
(i) Your new residential address is not within a 10km radius of the studio and you provide written evidence of your new address; and
(ii) You provide us with 21 days’ written notice.
7.3 You may cancel your membership for a reason not set out in Clause 7.1 or 7.2, if:
(i) You pay the early exit fee, which is either 50% of the balance due for the minimum term or the equivalent of 4 weeks’ membership fees, whichever is greater; and
(ii) You provide us with 21 days’ written notice.
Rules regarding the use of W1LL Studios (if any) will be displayed in Studios or otherwise advised to you. These rules apply to everyone using W1LL services and form part of this Agreement. If you break any of the rules we will respond in a way that we consider fair and appropriate. If you cause us or another person costs, losses or damages by breaking the rules, you agree to pay for these.
SAFETY AND SECURITY
You acknowledge W1LL Studio premises may have CCTV security cameras recording 24 hours a day (except in change rooms and toilets) and may have remote video or other guarding services. Such system (if any) is for security purposes but does not guarantee against theft or harm.
LIMITATION OF LIABILITY UNDER THE ACL
Under the Australian Consumer Law (ACL) in the Competition and Consumer Act (CCA) we guarantee that services we supply are: provided with due care and skill; reasonably fit for the purpose you have told us you are using them for or told us you wish to achieve; and/or are supplied in a reasonable time.
Under certain legislative provisions, however, we can ask you to accept some limitations to these guarantees. If you agree to make a purchase under these Terms, you agree (to the extent allowed under 139A of the CCA) to exclude or modify our liability to you for death or injury from our failure to comply with ACL. This does not apply if your death or injury is caused by our “reckless conduct”.
CHANGES TO THIS AGREEMENT
We may sometimes make changes to this Agreement (including our Pricing and our Studio Rules). If we do this, we will try to do this fairly and by giving you prior notice.
COMPLAINTS AND FEEDBACK
If you have any concerns or feedback about your purchase, our services or our Studio, please first raise it with Studio staff. If you are uncomfortable about approaching, or do not wish to approach, Studio staff, or are not happy with their response, you may send a complaint to SURRYHILLS@W1LL.CO
W1LL Studio Surry Hills Pty Ltd, ACN 605 162 561, and its Related Companies and franchises (“we”, “us”) recognise that your privacy is important to you. We are committed to protecting the privacy of your Personal Information in accordance with the Australian Privacy Principles.
Australian Privacy Principles, are the 13 principles, set out in the Privacy Act, which outline how government, private sector and not-for-profit organisations (with an annual turnover of more than $3 million), all private health service providers and some small businesses must handle, use and manage Personal Information.
Direct Marketing Communications: communications (including direct mail, telemarketing, email, SMS and MMS messages) you are sent about our products, services or events or about third party products, services, and events which we consider may be of interest to you.
Personal Information is defined under the Privacy Act to mean any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion. Some examples of Personal Information are your name, address, birth date, or email address.
Privacy Act refers to the Australian Privacy Act 1988 (Cth).
Related Company has the same meaning as “related bodies corporate” under Section 50 of the Australian Corporations Act 2001 (Cth).
Sensitive Information is a subset of Personal Information. It includes information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual orientation or practices, criminal record or health information.
COLLECTION OF PERSONAL INFORMATION
3.1 Personal Information We Collect
What we collect depends ultimately upon the purpose of collection and we have set out the general purposes of collection in part 4 below. As a general rule, however, we will only collect Personal Information that is necessary for us to provide our products and services to you.
Personal Information we collect includes:
your contact information such as your name, email address, address and phone numbers;
your date of birth;
proof of your identity such as your driver’s licence;
your emergency contact details;
whether you participated in any activity, event or class we organised;
photographs or video footage taken at our premises;
your opinions, statements and endorsements collected personally or via surveys and questionnaires, including your views on products and services;
if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information.
3.2 Surveys and Promotions
When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information, which you may withhold or provide at your own discretion. It is generally optional for you to engage in these activities.
3.3 Mandatory and Voluntary Information
Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to provide or effectively provide our services to you.
3.4 Cookies and Web Beacons
If you use our website or mobile app, we may use “cookies” and “web beacons” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website/mobile app. A cookie or web beacon does not identify you personally but may identify your internet service provider, computer or mobile device. You can set your browser or mobile device to notify you when you receive a cookie or web beacon and this should allow you to either accept or reject it each time.
3.5 Who We Collect Your Personal Information From
As far as possible, or unless provided otherwise under this policy, we will collect your Personal Information directly from you. If we collect details about you from someone else, we will try to make you aware of this and the reason for it.
3.6 Collection of Sensitive Information
We generally try to limit the collection of Sensitive Information we may collect from you, but depending how you use our products and services, this may not always be possible and we may collect Sensitive Information from you in order to carry out the services provided to you.
The type of Sensitive Information that we may collect (if any) will usually relate to your;
- health or medical information;
- current or previous membership or use of a health and fitness facility (if any);
- racial origin and religious beliefs, to the extent these are ascertainable from any photo ID (such as a driver’s licence or photo ID); or
- family health and medical history
The type of Sensitive Information we may collect from you or record about you is limited to information that is reasonably necessary or directly related to one or more of our functions or activities.
USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
4.1 We will only use or disclose your Personal Information for the primary purposes for which it was collected or as consented to and/or as set out below.
4.2 You consent to us using and disclosing your Personal Information to facilitate a purpose in connection with:
if required, the verification of your identity;
facilitating your use of our facilities and services;
providing our products and services to you;
facilitating the administration, management and improvement of our studios;
facilitating medical assistance in the event of a medical emergency, or to provide you with medical treatment as requested by you;
your participation in any activity or event we organise;
coordinating managing and maintaining good order and security of our premises;
investigating and reporting information to third parties regarding any accidents or incidents that may have occurred on our premises;
improving our services;
maintaining and developing our products and services, business systems and infrastructure;
our marketing and promotional activities (including by direct mail, telemarketing, email, SMS and MMS messages) such as print or electronic newsletters;
providing customer service functions, including handling customer enquiries and complaints;
offering updates, or other content, products or services that may be of interest to you;
our compliance with applicable laws; and/or
any other things reasonably necessary to provide our products and services to you.
4.3 We may also use or disclose your Personal Information, and in doing so we are not required to seek your additional consent in the following circumstances:
when it is disclosed or used for a purpose related to the primary purposes of collection set out above and you would reasonably expect your Personal Information to be used or disclosed for such a purpose (secondary use);
if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to a person’s life, health or safety or to lessen or prevent a threat to public health or safety;
if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
if it is required or authorised by law or formally requested by a statutory or regulatory authority.
4.4 If we propose to use or disclose your Personal Information other than for reasons set out above, we will use our best efforts to first seek your consent prior to such disclosure or use.
5. SHARING your Personal Information with Third Parties
5.1 We never sell, rent or trade your Personal Information. We may share your Personal Information with our Related Companies and franchisees to facilitate our provision of one of our primary purposes for collecting your Personal Information. We may also disclose your Personal Information to our contractors and agents, such as our professional advisors (including accountants, solicitors and auditors), or other organisation who help us to provide our products and services to you.
6. Photographs and Closed Circuit Television
6.1 We may use closed circuit televisions (CCTV) at certain locations throughout our premises and surrounding areas for security purposes and CCTV images or recordings may be stored. These images or recordings may also be supplied to the police or other relevant authority.
6.2 As indicated earlier, we may take photographs of you attending our premises, and we may wish to use them for marketing and advertising purposes. If we notify you of the collection and purpose at the time, unless you advise us otherwise, you expressly agree and consent to the use of any photographs without compensation.
7. Direct Marketing
7.1 You expressly consent to us using your Personal Information to provide you with Direct Marketing Communications.
7.2 You expressly consent to us disclosing your Personal Information to other organisations that may also use your Personal Information for sending you Direct Marketing Communications.
7.3 If at any time, you do not wish to receive any further Direct Marketing Communications from us, or others, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us via the details set out at the end of this policy.
8. Cross Border Disclosure
8.1 Any Personal information that you give us may be transferred to, and stored at, a place outside Australia where we may use overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to help us provide goods and services to you. Personal Information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, contractors or Related Companies.
9. Data quality and security
9.1 We are committed to keeping your Personal Information secure and will use reasonable precautions to protect it from loss, misuse or unauthorised access or alteration. We cannot, however, guarantee the security of all transmissions or Personal Information, especially where the Internet is involved.
9.2 You acknowledge that the accuracy of your Personal Information depends largely on the information you provide to us, so you agree to let us know if there are any errors in your Personal Information and keep us up-to-date with changes to your Personal Information.
10. Access to and correction of your Personal Information
10.1 You are entitled to have access to any Personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct this information if it is inaccurate, out of date, incomplete, irrelevant or misleading.
10.2 If you would like access to or correct any records of Personal Information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the end of this policy.
11. CONSENT AND CHANGES
12. QUESTIONS, SUGGESTIONS OR COMPLAINTS
12.2 You can obtain information on privacy issues in Australia by visiting the web site of the Office of the Australian Information Commissioner at www.oaic.gov.au.
13. OUR CONTACT DETAILS
Phone: (02) 9310 3271
401/409 cleveland Street Surry Hills 2010