Our Privacy Policy

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Hi there! We want to let you know how we collect information so that you can feel comfortable sharing it with us. That's why we have this privacy policy which outlines the way we at Live Fit Exercise Pty Ltd (ABN 95668356394) collect, hold, use, and disclose personal information. 

WHAT PERSONAL INFORMATION WE COLLECT & HOW AND WHY WE COLLECT IT?

What personal information do we collect?

The personal information we collect is generally limited to:

• credit card or direct debit details; 
• date of birth; 
• job information; 
• name and contact details; 
• opinions; 
• and any communications we have.

However, we may also collect:

·  sensitive information from you with your consent, such as where we ask for information about your health; and 

·  financial information; and

·  information about how you use our website, via third parties.

How do we collect your personal information?

The main way we collect information is when you give it to us. You might do this by filling out forms on our website like sign-up or intake forms. Or you might give us information through phone calls, emails, or social media. On occasion we may also collect information from the person that referred you, or other people or organisations.

We love hearing from you, and we promise to keep your information safe and secure.

We also use cookies on our website. These are little bits of data that help our website work better. They might identify you and keep track of the pages you visit. This helps us improve our website and make it more secure. Plus, it makes it easier for you to use our website! You won’t have to fill in your information again and again.

At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about your habits on the internet.

Why do we collect your personal information?

We need your personal information to:

• communicate with you in relation to your enquiry;
• verify your identity for security purposes; 
• send you news if you have signed up (you can unsubscribe at any time);
• conduct our business, and enable your use of our website, products, and services; and
• in some cases, to comply with our legal obligations, such as record keeping.

We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse our website traffic and to customise the content and advertising we provide. 

You can opt-out of the collection and use of this information by changing your privacy settings or opting out.
To opt-out of Google advertising you can go here: https://tools.google.com/dlpage/gaoptout
To change your Facebook ad preferences you can go to "Facebook Help Centre", "Manage my account" and "Ad preferences".

Where we collect your financial information, we use it to help you pay for our products and services. Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary. We use SSL certificates to verify your identity and encrypt any data you give us. All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions). We do not keep any details of your direct debit, and all information is sent to our bank for processing. 

WHEN DO WE DISCLOSE PERSONAL INFORMATION & HOW YOU CAN ACCESS IT? 

When do we disclose your personal information?

We use reasonable precautions to make sure your information stays safe and secure.  Only authorised personnel can access it, and we keep it in accordance with our legal record keeping obligations. When we don't need it anymore, we destroy it appropriately. We generally will not disclose your personal information unless we have your consent, it's required by law*, or it's necessary for us to provide you with our services. 

* This can include where we are of the reasonable belief that there is a serious risk to life, health or safety of you or another person. For example, if there is evidence of clear danger of harm to self and/or others, we may be legally required to report this information to the authorities responsible for ensuring safety. This includes if there is a strong suspicion of physical or sexual abuse or emotional, or neglect or exposure to family violence of any person under 18 years of age. A court order could also require us to release information contained in records.  

Sometimes we do disclose your personal information where it is necessary to obtain third-party services, like analytics, data storage, payment providers or advertising services. We do our best to make sure the providers we use comply with privacy laws and regulations.  You can opt-out of the collection and use of this information by changing your privacy settings or opting out.

How can you access or delete your information? 

If you want to access, correct, or delete your information, please email us at info@livefitexercise.au. We're happy to help unless we're required by law to withhold it. And if you have any concerns at all about your privacy, please also email us at info@livefitexercise.au. You can also make a complaint with the Office of the Australian Information Commissioner by phone on 1300 363 992, online at http://www.oaic.gov.au where you can go to the "Lodge a Privacy Complaint with us" page, or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001.

Thank you!

Thank you for trusting us with your personal information. Above all, we will do our best to keep it safe and use it responsibly. 

BOOKING TERMS AND CONDITIONS  

By signing up to participate in our Classes, you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you (“the Client”/ “you”/ “your”) and us, Live Fit Exercise Pty Ltd [ABN 95668356394] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate in our Classes.   
 

OUR CLASSES AND ACCESS 

Please note our Classes are conducted at a Venue with no disability access. All our classes are circuit classes designed for over 60’s at all fitness levels, including people with osteoporosis, arthritis etc. We may require you to have one on one classes for a period of time before enrolling and participating in the group classes to ensure you are at a basic balance, strength and fitness level that is adequate for the group class. Our Classes may be unsuitable for some people with particular conditions, and we may at our sole discretion, stop you attending our Classes for any reason.  

MEDICAL WARNING  

The Sessions may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing the Sessions and that you are mindful of your current health concerns and physical limitations.   

If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Class, or if you are pregnant or ill you must notify your instructor prior to commencing the Class.  Participating in any form of exercise at our Venue with a Medical Condition is done entirely at your own risk. 

It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.  

By undertaking any exercise program including Classes and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage   

arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us.    

Our instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort, or Medical Conditions.   

BOOKING AND FEES  

Our Class fees and Class timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.  

To sign up to participate in our Classes, you must create an account with us. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password.  

There are a set number of spaces in each Class. To attend a Class, you must reserve a space by making the full payment. Bookings can be made Bookings are made through the Halaxy Booking app found on the second page of livefitexercise.au. Alternatively, bookings can be made directly with the instructor, over the phone, text message or email.  info@livefitexercise.au. 

PERSONAL INFORMATION  

When you create an account, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:  

• all information you provide is true, correct, current and up to date; and  
• you will respond promptly to any of our requests for further information.  

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here. Please note that you consent to us sharing your health information with your referring Doctor and allied health team, and we may liaise with your referring Doctor and allied health team in relation to the Classes.  

PAYMENTS  

Our Class Fees are payable prior to the class and at the time of booking. Except as required by the Australian Consumer Law, no refunds are provided. If you wish to credit your Class Fee to a later class, please notify us at info@livefitexercise.au. All credits for other classes are given at our sole discretion.  

CLASS WAITLISTS  

You can register yourself on the Class waitlist If you are unable to book a spot because the Class is full. If your selected spot becomes available, we will notify you via email and automatically book you into the Class. Please ensure you check your email for your waitlist confirmation.  

If you are unable to attend the Class, please remove yourself from the waitlist prior to our confirmation. Once you have been automatically confirmed for a Class from the waitlist, our Cancellation Policy will apply, and a cancellation fee will apply if cancelled with less than 24 hours’ notice.   

CLASS SCHEDULES AND OPENING HOURS  

Class schedules are subject to change or cancellation without prior notice.  We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind for Classes that are not held in accordance with the Class schedule.   

We reserve the right to change our opening hours at any time, without prior notice to you.  We will use our reasonable endeavours to notify you of any permanent or temporary changes to our opening hours.  

CLASS PACKS  

We offer reduced cost Class Packs, such as our 12 pack. All Class packs have an expiry date of 12 weeks from the date of purchase, or as further described on our website.  We do not provide credits or refunds for any unused classes.  

CANCELLATION POLICY  

Class bookings can be cancelled online by logging into your account and selecting the cancel option on Halaxy.com. 

You must notify your cancellation to us at least 48 hours prior to the commencement time of your Class to get a credit for a makeup class. Cancellations made with less than 48 hours’ notice will incur the full cost of the Class booked and no makeup class will be available.  
 

HEALTH AND SAFETY 

There are risks associated with attending our classes. We have minimized these risks by complying with government recommendations. You acknowledge and agree that by participating in our classes there is a risk of catching an infectious disease, including COVID-19, and participating is done at your sole risk.   

CONDUCT RULES AND YOUR OBLIGATIONS  

You are required to treat all persons and property at the Venue with all due care and respect. We reserve the right to refuse entry to or remove you from our Venue  for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory or dangerous behaviour that may threaten the safety or security of our Clients, staff, any other persons, our Venue including infrastructure and equipment.  

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.  

• Please arrive 10 minutes prior to your scheduled Class in order to minimise disruption during the Class. We reserve the right to re-allocate your spot to someone on the waitlist if you do not arrive on time for your Class, and you will not be eligible for a refund.   
•  We strongly discourage you from departing the Class prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.  
• You are required to always wear appropriate attire for the Classes and must refrain from wearing any that contains offensive prints or designs.  
• Please bring along a towel and water bottle. 
•  For the enjoyment of all participants please turn off your mobile phone before your Class unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.  

PHYSICAL TOUCH 

You acknowledge and agree that our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that exercise physiology is undertaken in accordance with Live Fit Exercise Pty Ltd.’s best practice. If you do not wish to be touched, please notify us prior to any Classes. 

PERSONAL BELONGINGS  

We do not assume any responsibility to safeguard your personal belongings that you bring into our Venue.  As such, we strongly recommend that you:  

• refrain from bringing any valuable personal belongings into our Venue, such as mobile phones, jewellery, personal devices, wallets, handbags, and purses;  
• only bring personal belongings into our Venue that are absolutely necessary for you to possess for the duration of your visit; and  
• store any personal belongings in the storage facilities provided for use for the duration of your visit.  

AUSTRALIAN CONSUMER LAW 

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

• to cancel your service contract with us; and 
• to a refund for the unused portion, or to compensation for its reduced value. 

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.  

LIMITATION OF LIABILITY  
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at our Venue  or Classes including, but not limited to, any theft, unauthorised access or third-party interference.  

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:  

• the supply of equivalent services e.g., another opportunity to book a Class; or  
• the refund of the payment made for the Class.  

In any case, our liability to you will not exceed the amount actually paid by you to us for the Class.  

You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes, and any third-party claims.  

TERMINATION AND REFUNDS  

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Class Packs, and any outstanding Fees become immediately due and payable.  

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.   

IF THERE IS A DISPUTE  

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.  

GOVERNING LAW AND OTHER MATTERS  

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement.  

DEFINITIONS  

“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy, and any other policies we publish or link to on our Website.  

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).   
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award, or costs.  
“Classes” mean the exercise physiology consults conducted either on a 1:1 basis or in small groups.
“Fees” mean payment due from you for the Classes provided by us.   
"Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures. 

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.  

“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity, or mental illness.  

“Venue” means the physical location(s) where the Classes are held.  

“We, us, or our” means Live Fit Exercise Pty Ltd [ABN 95668356394] and includes any of our directors, officers, employees, agents, partners, and contractors.  

“Website and Services” means livefitexercise.au and everything available on this Website including, but not limited to, products and services.