These Terms and Conditions (“Terms”) govern your access to, and use of, the AirActive Service and App further described in these Terms and provided by AirActive Pvt Ltd (ABN – 65 608 866 619) (“AirActive”, “We”) to you (“User”, “You”).
BY COMPLETING YOUR REGISTRATION WITH AIRACTIVE AND DOWNLOADING THE AIRACTIVE APP, YOU ARE DEEMED TO HAVE AGREED THAT YOU HAVE RECEIVED ADEQUATE NOTICE OF THESE TERMS, YOU HAVE READ THEM AND THAT YOU AGREE TO BE BOUND BY THEM AS AN AGREEMENT BETWEEN AIRACTIVE AND YOU.
In addition to these Terms (which comprise the General Terms, the App Terms and the Privacy Statement), You will be bound by the Acceptable Use Policy (“Acceptable Use Policy”) and the App Terms (“App Terms”). These all comprise the binding agreement between You and AirActive.
TERMS OF AGREEMENT
1. Scope of Supply and Registration
- AirActive offers the AirActive application (the “App”) for Users to access and book fitness related activities and services (“Activities”) offered by participating providers (“Providers”) in Australia (the “AirActive Service”). Subject to the relevant terms of each of provider and these Terms, You can use the AirActive Service to access Activities offered by Providers throughout Australia, provided that You are over the age of 16. You warrant and represent that you are lawfully able to enter into this agreement.
- To use the AirActive Service, You must download the App and complete the registration details (“Registration”). Only Users with completed Registration are entitled to access Providers and make booking via the AirActive Service. Details of how to register are available online at the App Terms. Users can access AirActive Service by: (i) an iOS device; (ii) an Android device; or (iii) any further device which may be available to Users in the future (collectively, the “Devices”). References to the “App” mean the AirActive application, irrespective of which Device is used to access it. It is free to download the App on the Devices.
- Use of the App is at all times subject to Your compliance with any terms and conditions, which purport to apply to the app. The App and any related terms and conditions of use may be updated at any time and Users may be required to download versions of the App (and confirm their agreement to any updated terms and conditions) in order to continue to use the AirActive Service.
- As a further condition of the Registration, You must complete and pass a short pre-exercise questionnaire in accordance with Stage 1 of the Fitness Australia endorsed Adult Pre-Exercise Screening system via the App, in order to determine whether any specific Activity is an appropriate activity for You. You warrant the information and answers that You provide in response to the Registration will be true, accurate and complete.
- You consent to AirActive’s use of all information relating to Your Registration in order to provide the AirActive Service to You or otherwise to enable AirActive to comply with any request of a governmental regulatory body (including subpoenas and court orders).You are responsible to keep all information relating to Your Registration up to date at all times, and for all activities that occur under Your Registration. You must maintain all log-in keys and authorization confidential and secure at all times. Except to the extent caused by AirActive’s breach of these Terms, AirActive is not responsible for unauthorised access to Your Registration. You must contact AirActive immediately if You believe an unauthorised person may be using any information fromYourRegistration or such information is lost or stolen. If any of AirActive’s confidential information comes into Your possession or control, You must not disclose it to any third party, unless You first get AirActive’s written consent.
- You may be sent push notifications via the App. The push notifications may include, but are not limited to, notification of changes that AirActive may make in accordance with Section 2(n). You can disable push notifications via Yourphone settings. If You reject or disable push notifications, You may not receive relevant updates via the App.
2. Bookings and Payment
- You must login to the App in order to book and purchase an Activity offered bya Provider. Upon arrival atProvider’s location within theAirActiveService, You must check-in using Your Registration details. At the time of purchase, AirActive will provide Your name, email address and emergency contact details to the selected Provider. You agree and acknowledge that the type, pricing and scheduling of Activities are set by the Provider, and not by AirActive and that Providers may change any of these as stated on the App from time to time, with our without prior notice to You.
- All prices for Activities in the App are stated to be inclusive of all relevant taxes, including GST. Payments from credit cards are subject to the relevant card issuers’ transaction fees and any other fees and, in the case of international credit cards, exchange rates. If AirActive makes any offer of “free” Activities, such taxes, fees and charges may still be applicable.
- A booking of an Activity via the App is not complete until Your payment has been approved. Upon the completion of the booking and related purchase, AirActive will send You a confirmation of approval as a booking certificate screen to Your Device via the App and a tax invoice via the email address that You have provided in Your Registration (“Completed Booking”). You must show the booking certificate screen (AirPass)on Your mobile device to Provider as evidence of Your entitlement to undertake the Activity.Your are not entitled to resell the Completed Booking to any third party.
- If Youdo not attend the Activity that is the subject of a Completed Booking and You fail to cancel it in accordance with these Terms then, subject to the application of any laws which cannot be excluded from operating in these Terms, You will not be entitled to a refund of the price paid for the Activity. If You cancel the Activity by no later than one (1) hour prior to the scheduled commencement of the Activity (as stated in the booking certificate for the Completed Booking), AirActive will provide You with a refund of the price paid for the Activity, after the deduction ofAirActive’s cancellation fee of two Australian dollars ($A2). If the Provider cancels the Activity for any reason, Your are entitled to a full refund of the monies that You have paid for the Completed Booking. The refund will be paid to the credit card that You have provided in Your Registration.
- AirActive may offer, in conjunction with partners, User benefits that could be, but not limited to free group classes, loyalty points, or rebates. Restrictions may be placed that limit benefits offered. For example, benefits may not be redeemed from two or multiple programs. AirActive or its partners may limit, withdraw, modify, cancel, increase or otherwise amend a benefit program from time to time.
- AirActive offers a corporate program that Users may have available to them from their employers. If a User transacts with AirActive under the corporate program they must have registered using the employers email address. For the program reimbursement amount to be paid,
- Users will have booked and paid for their ten (10) paid Completed Bookings within a twelve (12) month period through personal registration in the AirActive application
- Reimbursement will be made directly to the credit card of the User that was used for the final Completed Booking of the ten paid Completed Bookings that trigger the reimbursement
- Reimbursement will be made within 7 days of the final Completed Booking of the ten paid Completed Bookings
3. Providers and Instructor Feedback
- You agree to be subject to the terms and conditions of the Provider whilst attending Providers’ premises and/or undertaking the Activity, including any “club rules” or “house rules” (as applicable). To the extent of any inconsistency between the Providers’ terms and conditions and these Terms, these Terms will prevail. You can only access Providers’ premises during the opening hours stated in the App for such Providers and, in the case of “24/7” Providers, during staffed hours. Each Providers’ opening hours are listed within the App. Provider staff are entitled to ask for photographic identification before they give access to a You. Provider staff may deny access to You where You are unable to provide photographic identification upon request.
- You will be entitled to submit feedback on individual instructors who lead or otherwise instruct You in the performance of any Activity that is the subject of a Completed Booking (“Instructors”), solely by using the mechanism provided by AirActive and in accordance with the ranking system nominated by AirActive (“Feedback”). You must not submit Feedback in violation of these Terms or the Acceptable Use Policy. You must not do anything to prevent or restrict Users’ ability to submit Feedback or to hinder, interfere with or otherwise change such Feedback.
4. Termination and Suspension Rights
- AirActive may discontinue or change theAirActive Service, in whole or in part, or change, remove or substitute features or functionality of the App at its sole discretion from time to time. AirActive will, at its discretion send to You notifications of changes to the to the App, the AirActive Service or these Terms via the email address that You have provided in Your Registration or via push notices on the App, unless You have disabled it.
- AirActive may suspend the supply of AirActive Services to You, in whole or in part, without liability if; (i) AirActive considers that You are, have been, or are likely to use the AirActive Service and/or App in violation of these Terms; (ii) AirActive considers it is necessary to do so to perform maintenance, whether scheduled or unscheduled, routine or emergency; (iii) You fail to co-operate with AirActive’s investigations around a suspected violation of these Terms; (iv) AirActive considers that Your Registration has been accessed or used by an unauthorized person; AirActive considers it is necessary to do so to protect the AirActive Service, the App, other Users or otherwise the general public; or (iv) it is required by law. AirActive will seek to provide You with prior notice of a suspension, where possible.
- AirActive may terminate the supply of the AirActive Service to You, in whole or in part, without liability if You fail to comply with these Terms and where such failure is capable of remedy, you don’t remedy it within a reasonable time frame, of no more than 14 days from when AirActive notifies You of the failure.
5. Ownership Rights
- AirActive and its licensors own all right, title and interest, including all intellectual property rights, in the AirActive Service, the App, the AirActive website, the Feedback and in all technology used in the supply of these and You must not do anything to jeopardize such right, title and interest. You obtain no rights in such items, other than a limited, non-transferrable, non-exclusive license right to access and use those parts of the AirActive System, AirActive website and the App, as authorised by AirActive, subject to these Terms.
- You have no right to use any trade mark or brand name of AirActive, its licensors or their respective related bodies corporate.
- Except as expressly stated in this Agreement, all conditions, representations and warranties, including any implied warranties or conditions of merchantability, satisfactory quality, or fitness for a particular purpose and non-infringement are excluded, to the maximum extent permitted by applicable law. AirActive does not warrant that the AirActive System or App will operate uninterrupted or error free. Where legislation, including the Australian Competition and Consumer Act 2010(Cth) implies warranties or conditions or imposes obligations in these Terms, which cannot be excluded, restricted or modified except to a limited extent, these Terms must be read subject to those provisions. If those provisions apply, notwithstanding these Terms, and to the extent it is entitled to do so, AirActive limits its liability in respect those provisions to: (i) in the case of goods, AirActive’s option: (a) the replacement of the goods or the supply of equivalent goods (or payment of equivalent cost); or (b) the repair of the goods (or payment of equivalent cost); and (ii) in the case of services, at AirActive’s option the supply of the services again or payment of equivalent cost.
- Except for liability which cannot be excluded by operation of law, AirActive, or officers, employees and contractors will not be liable for any loss or damage, including death or personal injury, which is suffered or sustained by You, or any other User, Instructor or Provider in connection with the supply or failure to supply any Activity (including any conditions within the meaning of part 3 of Section 139A of the Competition and Consumer Act 2010 (Cth)), nor for any direct, indirect, incidental, special, or consequential damages, or for loss of profits, revenue, data or use, arising from any claim or action against AirActive relating to the subject matter of these Terms (including the AirActive Service and the App), whether an action in contract or tort (including negligence) or strict liability or any other basis, even if such party has been advised of the possibility of such damages. Limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy. For all claims of losses and damages which,by operation of law cannot be the subject of such exclusion, AirActive’s total and aggregate liability will be capped at a maximum amount equal to the lesser of (i) the total fees that You have paid for Completed Bookings in the 12 month period prior to the time of the event first giving rise to the claim and (ii) $A100,000.
- You agree to be liable for any a claim that is made against AirActive and/or its employees, officers, agents and contractors by a Provider, Instructor or other third party, with respect to any Activity, including Your acts or omissions whilst undertaking an Activity or otherwise on Provider’s premises, or any Feedback that You have postedand Youagree to defend, indemnify and hold AirActive and/or its employees, officers, agents and contractors harmless from and against all losses, damages, liabilities, judgments, settlements, costs, legal and other expenses that theyincur as a result of the claim. If You fail to assume the defence of any such claim properly, AirActive may assume the defence, and You reimburse AirActive for all and any reasonable expenses (including legal fees) incurred in such defence, in addition to Your other obligations.
- AirActive will not be liable for any delay or failure to perform any obligation to You where the delay or failure results from any act or omission by You or any person acting on Your behalf, any act or omission of a Provider or from any cause beyond AirActive’s reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
- If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the remaining Terms will remain in full force and effect.
- These Terms will be governed by the laws of the relevant jurisdiction where you are located and you agree that disputes will be heard in the courts of such jurisdiction; however, AirActive may seek to enforce any judgment anywhere in the world where you may have assets.You will not bring a claim under these Terms more than twelve (12) months after the event giving rise to the claim occurred.
- Any failure to enforce these Terms will not be a present or future waiver of that part nor limit AirActive’s right to enforce these Terms in the future. All waivers must be in writing.
- These Terms are not governed by the United Nations Conventionon the International Sale of Goods.
By accessing and using the AirActiveApplication (“App”), including any information owned by AirActive Pty Ltd (ABN – 55 154 457 799) (“AirActive“) as part of the AirActive Service, You agree to be bound by and abide by the following terms and conditions.
- The materials on the App have been prepared in connection with AirActive Service to which You are a participant. The information on the App, or on any other web content accessed via the App or otherwise, may not necessarily be accurate, complete or current.
- To the maximum extent permitted by law, AirActive and its officers, employees and agents and contractors disclaim any liability (including liability for negligence) to any person arising out of: (i) any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any materials from the App or from any other website on the Internet; (ii) any errors or omissions on the App or on any other website on the Internet (including but not limited to errors or omissions arising as a result of the negligence of AirActive or its officers, employees and agents or contractors); or (iii) any delay or interruption in access to or use of the App or any other website on the Internet (including but not limited to delay or interruption arising as a result of the negligence of AirActive or its officers, employees and agents or contractors).
- You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the App or any other website on the Internet and in relation to any information or material available from those sites. AirActive reserves the right, in its absolute discretion, to delete, alter or move any message or other posted material on the App.
- You must not use the App to:
- access someone else’s account or information;
- send unsolicited bulk e-mail or marketing material;
- collect other people’s personal data without their knowledge;
- interfere with other users of the App;
- for any defamatory or illegal purpose; or
- disturb or cause offence to others.
- AirActive may monitor Your use of the App and reserves the right to collect, collate and use data relating to such use.
- The information provided in the App, and its design, text, graphics and software, are copyright of AirActive and its licensors.
- AirActive grants to You a non-exclusive, non-transferable licence to use the App in accordance with these Terms, subject to Your continued compliance with the Terms. In AirActive’s discretion, this licence may be terminated by AirActive at any time. You must not modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the App in any way, accept as expressly provided for on the App or with the written authorisation of AirActive.
- AirActive does not warrant the accuracy of any hypertext links provided on the App, nor the suitability or accuracy of any content located at those links. Links and frames connecting the App with other web content are for convenience only and do not mean that AirActiveis associated with, endorses or approves that other content, or the people who run or contribute to it. Use or reliance on that content is at the Your own risk.
- AirActive does not represent or warrant that any files displayed or obtained from or through this App, or and other website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. AirActive’s liability for such an event is limited to the resupply of those files.
In this Privacy Statement, references to ‘us’, ‘we’ or ‘our’ means AirActive Pty Ltd (ABN – 55 154 457 799) (“AirActive“). Where relevant, we make the following statements on behalf of our Provider partners.
- We collect and use Your personal and sensitive information (“Information”) to enable us to provide You with chosen services and to give You information on other productsand services.
- If we do not collect this Information, we may not be able to provide You with these services.
- We may collect your Information from You or from a third party authorised to provide us with this information on Your behalf.
- Where You give us personal information about others, You must ensure that you let them know what information You are giving us and that you have their consent to do so. You should also let them know about this Privacy Statement.
- This Privacy Statement applies to:
- All prospective, current and past users of AirActive whose Information we collect;
- All individuals whose Information is collected in relation to AirActive products and services; and
- All individuals whose Information is collected by us in the course of our functions and activities related to AirActive such as service providers, contractors and prospective employees.
- We are committed to protecting Your Information and complying with our obligations under the Privacy Act 1988 (Cth) and other State and Territory laws governing the use of Information and which regulate how personal information is handled from collection to use and disclosure, storage, access and disposal.
- In order to provide You with AirActiveproducts and services, we may collect the following types of Information about You:
- name, postcode, date of birth, gender and email address;
- Your membership of any health fund;
- emergency Contact person’s name and their contact details;
- credit card and scheme debit card details in order to facilitate your payments;
- phone number;
- Information you provide as part of your use of the AirActive App (“App”), including:
- Your location and the location of the Provider that You visit;
- the date and time of Your visit;
- other information that You choose to provide from within the App;
- Information about any membership that You enter into with a Provider;
- Information you provide when using other AirActive products and services; and
- Your responses to forms, questionnaires and surveys.
- We use Your information to provide You with AirActive products and services, including to:
- process your AirActive registration and administer your AirActive registration;
- notify the Provider of Your visit;
- process and audit payments;
- help us understand, develop and improve our products and services;
- perform other functions and activities relating to AirActive or to our business; and
- comply with our legal obligations.
- In order to perform the above, we may disclose your personal information to persons or organisations in Australia or overseas including:
- our Provider partners;
- other entities related to our Provider partners;
- our contractors, suppliers, partners, professional advisers and service providers;
- social media platforms you choose to link to your AirActive App;
- payment processing providers and financial institutions; and
- other parties to whom we are authorised or required by law to disclose Information.
- We take reasonable steps to ensure that third parties to which we disclose Your Information will protect it in accordance with Australian privacy laws and only use the Information to the purpose for which it was provided.
- Our Provider partners may have service providers located overseas. For more information about their locations, please refer to their respective privacy policies.
- We may communicate with You through the App or through other communication channels that You have provided to us as part of AirActive or when using our other products and
- Where You provide us with an email address, You consent to us sending You communications by email.
- From time to time, we may contact You to market products and services and to keep you informed of special offers from AirActive, our Provider partners and third parties, including by direct mail, SMS and MMS messages, by phone and email. You can manage your consents to receiving marketing communications by contacting AirActive.
ACCEPTABLE USE POLICY FOR THE AIRACTIVE SERVICE
It is prohibited to use theAirActive Service, the App, the AirActive website or any technology, infrastructure or networks used in the supply of these (“AirActive System”), in order to engage in, allow, promote or otherwise encourage illegal, irresponsible or destructive behavior, including:
- Unauthorised use of an internet account or use of a computer without the owner’s authorization;
- Unauthorised access to, or use of, data, systems and networks including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Unauthorised access to, or use of, data, systems and networks to distribute, publish, send, or facilitate any such conduct with respect to any commercial advertising, promotional materials and informational announcements, including unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”);
- Collecting or using email addresses, mail headers, screen names or other identifiers without the explicit consent of the person identified (including, without limitation, phishing, internet scamming, password robbery, spidering, and harvesting) or use of a service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with the supply of a service to any users of the AirActive Service, AirActive website or the App or any other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks or “denial of service”(DoS) and any conduct that is likely to result in retaliation or network interference of this nature against AirActive;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled;
- Operating network services like open proxies, open mail relays, or open recursive domain name servers;
- Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; and
- Use of the service for distribution of advertisement delivery software unless the user has consented to such use and the software is readily removable by the user.
- Promotion of any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography, promoting illegal drugs, violating export control laws or relating to illegal arms trafficking.
- Promotion of infringing, offensive content
- Promotion of any harmful activities to other persons or property.
Monitoring and Enforcement
AirActivemay test and otherwise monitor Your compliance with this Policy, but is under no obligation to conduct any investigations.
AirActive may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer information. AirActive also may co-operate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
You must co-operate in any investigation and reporting activities that we undertake.
If you become aware of any violation of this Policy independently of AirActive, you will immediately notify us and provide AirActive with assistance, as requested, to stop or remedy the violation.
You agree that AirActive may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
You will co-operate with our investigation of outages, security problems and any breach of Your agreement with AirActive and will immediately notify AirActive of any known or suspected security breaches.
Amendments to this Policy.
AirActive may modify this Policy at any time by posting a revised version on the AirActive website.
Each promo code:
(a) is only valid for Group Classes for the specified discount, service and number of bookings specified;
(b) may only be used during the specified validity period. If the promo code has expired, you will not be able to use it; and
(c) may be subject to its own specific or additional terms and conditions. Please check the individual promotions accordingly.
- cannot be used in conjunction with other promo codes or offers;
- are not transferable or redeemable for cash or credit and any balance resulting from use of a promo code will not be refunded or credited; and
- may not be copied, sold or transferred in any way, or disclosed to the public (whether by posting on a public forum or otherwise), unless permitted by AirActive.
AirActive reserves the right to withdraw or disable any promo code at any time and/or change these terms and conditions and/or any other terms and conditions applicable to the promo code at any time, in each case, without notice to you and without liability.