Fitness Australia Terms & Conditions

The material on the Fitness Australia Ltd ABN 41 131 422 403 ('Fitness Australia') Website, under the domain name 'fitness.org.au' (collectively 'Website') resides on a server in the state of New South Wales, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use 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. Anti-spam notice

Publication of electronic addresses on Fitness Australia's Website is for the purpose of professional communication only and must not be used to infer consent by Fitness Australia or the relevant addresses, to the receipt of unsolicited commercial electronic messages.

2. 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. Fitness Australia 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.

3. External links and advertisements

This Website contains links to websites maintained by other organisations over which Fitness Australia has no control. Fitness Australia 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.

Fitness Australia 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 Fitness Australia 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.

4. Limitation of liability

Fitness Australia (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. Fitness Australia 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 Fitness Australia in relation to the use of this website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).

Under no circumstances will Fitness Australia 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.

Fitness Australia 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.

5. 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 Fitness Australia Ltd (ABN 41 131 422 403). 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.

For further information about copyright in Fitness Australia content contact the Legal Business Unit.

Fitness Australia grants you permission to do the following with the content unless otherwise indicated:

  • store a reproduction of the content on your local computer for the sole purpose of viewing it
  • print hard copies of the content for non-commercial use or personal use only
  • reproduce or distribute any complete page of the content so long as
    • you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
    • you do not modify the copy from how it appears on the Website (unless expressly authorised by Fitness Australia)
    • you adhere to the Permitted Use Statement for Standards, Guidelines and Resources available on this website, where applicable, and
    • the content is appropriately attributed to Fitness Australia

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of Fitness Australia.

6. Copyright in other material

Fitness Australia 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.

Fitness Australia 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.

7. Trademarks

Trademarks including but not limited to the words 'Fitness Australia', unless otherwise indicated, are owned by Fitness Australia in Australia and may be the subject of rights in other countries. You must not use Fitness Australia's trademarks except: (i) by saving or printing out a copy of Fitness Australia's website as permitted by the copyright notice above; (ii) as permitted by written agreement from Fitness Australia.

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.

8. Indemnification

You agree to indemnify, defend and hold harmless Fitness Australia, 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. Fitness Australia 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 obligations.

9. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

10. Variation of terms of use

Fitness Australia reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

11. Website unavailability

Fitness Australia does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Fitness Australia.

12. Password requirement

Fitness Australia members may obtain a password by logging into the Fitness Australia Website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. Fitness Australia may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

13. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

14. Registration

Whether you are a member of Fitness Australia or a non-member, you need to register in order to purchase products and services from this Website, enrol into courses or enter competitions. Members may be entitled to receive discounts when purchasing and / or registering for products and services from this Website. Access to some areas of this Website may also be restricted to members only and / or CEC approved program providers. Find out more about becoming a member of Fitness Australia and the benefits available to members.

Exercise Professional Registration

  1. Registration fees are non-refundable.
  2. Payment is debited once application has been submitted.
  3. Please allow one week for processing applications.
  4. A tax receipt will be issued by Fitness Australia Limited, (ABN: 51 131 422 403), on receipt of payment.

Fitness Business Registration

  1. As a Registered Fitness Business with Fitness Australia you agree to comply with, support, promote and be bound by your states Fitness Industry Code of Practice.
  2. Registration is activated when we receive from you a completed application form and payment. A tax invoice will be issued upon receipt of payment.
  3. Registration is for one year commencing on the date your application is accepted and is renewable on the anniversary of the date for a subsequent year.
  4. All registration fees must be paid annually in advance.
  5. An invoice will be sent to you before your registration renewal date which is payable prior to renewal date.
  6. Registration may be suspended or terminated if your payment is not received by the renewal date.
  7. There is no refund of any membership fees should you cancel your registration at any stage during your registration year. 
  8. Changes to registration fees will only be made at the time of annual renewal of your registration.
  9. Registration is not transferable.
  10. You must notify us of changes to your contact details in writing (by letter, fax or email) otherwise we may not be able to make our services available to you.
  11. We reserve the right to change, from time to time, the services available to members.

    Advisory Services 
     
  12. Any verbal advice provided by our advisers (via one of our hotlines or otherwise): is given in good faith; is given on the basis that you haveaccurately disclosed all relevant facts to us; and relates only to the facts which you have disclosed to us and your individual circumstances.
  13. Verbal advice may not represent the only or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your objectives, financial situation or need before acting on it as we may not be able to take them fully into account during a brief telephone conversation or initial meeting.

    Business Registration Disclaimer
  14. In relation to the provision of membership services: we exclude all implied conditions and warranties except those the exclusion of which would contravene any statute or cause anypart of these terms and conditions to be void; to the fullest extent permitted by law, we will not be liable for any loss or damage (whether foreseeable or not) suffered by any person acting on our advice, whether the loss or damage arises in connection with our negligence, default or lack of care, any misrepresentation or any other cause; and our liability is limited to providing you with the services again.

15. Registration for Events

If you have registered but fail to attend an event, you will be liable for payment unless cancellation is made in writing, in accordance with Fitness Australia's Cancellation Policy advertised for individual events. You can check the Cancellation Policy for individual events at registration.

Offline registrations: Offline registrations are made by fax or mail and all efforts will be made to process offline registrations within two (2) working days of receipt. For fax or mail registrations, please contact us.

Online registrations: If you encounter difficulties with online registrations, please contact us.

16. Payment

Your payment must accompany any registration for events or orders to purchase products.

16.1 Payment terms

A Tax Invoice will be issued once processing has been completed. Any dispute regarding the invoice must be notified to Fitness Australia within two (2) business days of receipt of invoice. No product or service shall be delivered to you without payment being received by Fitness Australia.

16.2 Payment types

The following credit cards are accepted:

  • Visa
  • Mastercard

Online transactions: Fill in your details and Fitness Australia will charge the transaction to your account.

Offline transactions: Print off the offline payment form and send the transaction by:

  • Mail - send the completed form with payment (with your credit card details OR cheque OR Australian money order) to Member Administration.
  • Fax - fax the completed form with payment (credit card details - cheque and Australian money orders cannot be processed via fax) to Member Administration.

17. Prices

Prices are correct at the time they appear on this Website. However, Fitness Australia reserves the right to change prices at any time.

The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.

In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.

The GST exclusive price is only available to customers who:

  • are non residents
  • are outside Australia at the time they receive the supply of the e-learning course and any other materials
  • agree to the declaration referred to previously

18. Refund Policy

It is important to Fitness Australia that all clients understand their rights and obligations in relation to refunds.

  • Fitness Australia Exercise Professional & Business Registration is a non-refundable fee.
  • Should you believe that your circumstances for a refund requires special consideration, please make an application in writing to the Manager, Industry  Services via email to registration@fitness.org.au, fax to 1300 734 613 or via mail to PO Box 6453, Alexandria 2015.
  • Should a refund be approved you will be notified by return email within 10 working days and asked to return all original documents received to the following address before the refund will be processed:

Fitness Australia Limited

Attn: Manager, Industry Services
PO Box 6453
ALEXANDRIA NSW 2015

  • Should a refund be granted a $55.00 (inc GST) Administration Fee will apply.

NOTE: If your refund request is approved you will be required to send in your original registration documents before your refund can be processed.

19. Participation in competitions

All competitions that you may enter on this Website are governed by the relevant Sate legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.

20. Privacy Policy

In addition to those provisions under the Fitness Australia Privacy Policy, Fitness Australia will disclose relevant personal information collected about you when you place this order to the third party suppliers for the purposes of providing order and delivery information. The third party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order to the Fitness Australia customer. The third party supplier will retain such relevant information as is necessary for the purposes of a warranty claim. Upon expiry of such a time, the information will be returned to Fitness Australia and managed in accordance with the Fitness Australia Privacy Policy, described herein.