WEBSITE TERMS AND CONDITIONS
The material on the Champions Gym ABN 98 152 357 198 (Champions Gym Pty Ltd) Website, under the domain name ‘championsgym.com.au’ (Website) resides on a server in the state of Western Australia, Australia. This Website and the recreational facility operated by Champions Gym (Gym) is offered to you conditional upon your acceptance of these Terms and Conditions and the associated Privacy Policy. Your use of and access to this Website and the constitutes your acceptance.
We may change the Terms and Conditions at our discretion and without notice. A version of the current Terms and Conditions will be available on this Website as they are changed and upon request at the Gym. By continuing to use our Website and the Gym you accept the Terms and Conditions as they apply from time to time.
If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
1. Content on this Website
Material or information (Content) on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Champions Gym does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.
2. External links and advertisements
This Website contains links to websites maintained by other organisations over which Champions Gym has no control. Champions Gym does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
Champions Gym makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is Champions Gym responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.
3. Limitation of liability
Champions Gym (i) makes no warranties or representations about this Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this Website will not cause damage or is free from viruses or any other defects or errors. Champions Gym excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by Champions Gym in relation to the use of this Website or the Content, is limited as provided under any written law of Australia.
Under no circumstances will Champions Gym be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
Champions Gym shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
4. Copyright in material on this site and restriction of use
Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Champions Gym Pty Ltd. All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
5. Copyright in other material
Champions Gym makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
Champions Gym is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
6. Trademarks
This Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
7. Indemnification
You agree to indemnify, defend and hold harmless Champions Gym, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. Champions Gym reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligatio7
8. Visitors
No visitors are permitted to enter Champions Gym unless prior authorisation from Champions Gym has first been obtained. All contractors, guests or visitors to Champions Gym enter the gym at their own risk and release Champions Gym from all liability for any loss or damage suffered to persons or property, including injury or death.
9. Membership
Members are bound by Champions Gym’s membership terms and conditions, which are available at the time purchase of memberships or upon request. Members acknowledge they have satisfied themselves of the membership terms and conditions prior to use of the Gym.
10. Products
All products purchased at Champions Gym are subject to Champions Gym’s product and payment terms and conditions, which are available on the Website or upon request. Purchasers acknowledge they have satisfied themselves of product and payment terms and conditions prior to purchase of products.
11. Invalid terms and conditions
In the event that any or any part of the terms contained in these Terms and Conditions are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.
12. Variation of terms of use
Champions Gym reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time and you should therefore periodically review this page.
13. Governing Law
These Terms and Conditions are governed by the laws of Western Australia and International Intellectual Property Law.
PRODUCT TERMS AND CONDITIONS
1. Prices
Prices on the Champions Gym website (Website) are correct at the time they appear. However, Champions Gym reserves the right to change prices at any time.
The prices appearing on this Website may have a GST component and you are encourage to check this at point of payment, otherwise the prices include, handling and insurance.
2. Payment
You must pay for your products purchased on this Website at the time of placing an order. To pay for products, you will be transferred to an external site operated by PayPal. You agree that PayPal is responsible for processing and the security of your payment, and you hereby release Champions Gym from any liability in relation to such payment.
3. Disputes
A Tax Invoice will be issued to you once processing has been completed. Any dispute regarding the invoice must be notified to Champions Gym within two (2) business days of receipt of invoice. No product or service shall be delivered to you without payment being received by Champions Gym.
4. Delivery
Products may be collected by you from Champions Gym within 14 days of purchase, unless otherwise notified. Risk to you passes upon collection of the product purchased and title passes upon payment in full.
Not all products not collected from Champions Gym delivery may be arranged to you via Australia Post or as agreed with Champions Gym. You agree to pay the costs for delivery in advance and acknowledge that risk passes to you once products have left Champions Gym.
Champions Gym uses its best endeavors to ensure products ordered are available for collection, and in most cases will notify you where a product is unavailable prior to collection. However, you acknowledge that in some cases this is not possible and Champions Gym may need to reject or refund an order you have placed for a product where Champions Gym establishes that it is actually unavailable for delivery.
5. Invalid terms and conditions
In the event that any or any part of the terms contained in these Terms and Conditions are determined by a court to be invalid, unlawful or unenforceable, then such terms and conditions be severed from the remaining terms and conditions.
6. Variation of terms of use
Champions Gym reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time and you should therefore periodically review this page.
7. Governing law
These Terms and Conditions are governed by the laws of Western Australia.