WEBSITE TERMS OF USE

Welcome to our website. This website is owned and operated by Belrose Wellness Centre

Pty Ltd t/a Energize Health Club (ABN 84 117 212 343), successors and assignees, (we or us). It is available

at: www.exerciseondemand.com.au (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if

you use the Site. Please read these Terms carefully. Please contact us if you have any questions, at

info@energizehealthclub.com.au. Your use of the Site indicates that you have had sufficient opportunity to

access the Terms and that you have read and accept the Terms.

1. Information: The information, including statements, opinions and documents contained in this Site

(Information) is for general information purposes only. It does not take into account your specific

needs, objectives or circumstances, and is not advice. Any reliance you place on the Information

is at your own risk. Before acting on any Information, we recommend that you consider whether

it is appropriate for your circumstances, carry out your own research and seek professional advice,

where necessary.

2. Amendment: The Information and Terms may be amended without notice from time to time in

our sole discretion. Your use of our Site following any amendments indicates that you accept the

amendments. You should check the Terms regularly to ensure you are aware of any changes, and

only proceed to use the Site if you accept and will comply with the new Terms.

3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a

contract, and that you have read and understood the Terms, before using the Site.

4. License to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-
transferable right and licence to use the Site for your personal, non-commercial use, in accordance

with the Terms. All other uses are prohibited without our prior written consent.

5. Prohibited Conduct: You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site:

(b) unless you hold all necessary rights, licences and consents to do so;

(c) that infringes the intellectual property or other rights of any person;

(d) that would cause you or us to breach any law, regulation, rule, code or other legal

(e) that defames, harasses, threatens, menaces, offends or restricts any person;

(f) that is or could reasonably be considered to be obscene, inappropriate, defamatory,

obligation;

disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to

incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of

privacy; or

(g) that would bring us, or the Site, into disrepute.

(h) Interfere with or inhibit any user from using the Site;

(i) Use the Site to send unsolicited email messages;

(j) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other

disabling features, or damage or interfere with the Site, including but not limited to the use

of trojan horses, viruses, or piracy or programming routines that may damage or interfere

with the Site; or

(k) Facilitate or assist another person to do any of the above acts.

6. Copyright and Intellectual Property Rights:

Our Site contains material which is owned by or licensed to us and is protected by Australian and

international laws, including but not limited to the trademarks, trade names, software, content,

design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright

which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that

nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your

use of the Site does not grant you a licence, or act as a right of use, any of the intellectual property,

whether registered or unregistered, displayed on the Site without the express written permission

of the owner.

You must not breach copyright or intellectual property rights, including but not limited to, that you

must not:

(a) alter or modify any of the code or the material on the Site;

(b) cause any of the material on the Site to be framed or embedded in another website;

(c) create derivative works from the content of the Site; or

(d) use our Site for commercial purposes.

7. Republishing:

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online)

material on the Site on the following grounds:

(a) you must make no alterations to the material;

(b) you must attribute the material to our Site, including linking back to our Site where

(c) you must not do so in way that could reasonably be considered to be obscene,

possible; and

inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic,

threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach

of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy, available on

our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.

9. Your content: If you choose to add any content on the Site, you:

(a) warrant to us that you have all necessary rights to post the content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable

(c) you consent to any act or omission which would otherwise constitute an infringement of

right and licence to use that content in any way (including but not limited to, by

reproducing, changing, and communicating the content to the public) and permit us to

authorise any other person to do the same thing; and

your moral rights, and if you add any content in which any third party has moral rights, you

must ensure that the third party consents in the same manner.

10. Third party information: The Site may contain third party information, including but not limited

to user comments, guest articles and advertisements (Third Party Information). We do not

control, recommend, endorse, sponsor or approve Third Party Information, including any

information, products or services mentioned in Third Party Information. You should make your

own investigations with respect to the suitability of Third Party Information for you.

11. Third Party links and websites: This Site may contain links to websites owned by third parties

(Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites,

including any information, products or services mentioned on Third Party Sites. You should make

your own investigations with respect to the suitability of Third Party Sites for you.

12. Reservation of Rights: We reserve the right to amend or delete any and all of your content, Third

Party Information and/or Third Party Sites, and to block any user, if we believe that there is a

violation of these Terms, or for any other reason, in our sole discretion.

13. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use

commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the

Site will be available at all times or at any given time. We may at any time and without notice to

you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or

liability that may result from our discontinuance of the Site.

14. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense,

whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered

by you or any third party, or claims made against you or any third party which result from any use

or access of, or any inability to use or access the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms

(whether express or implied) other than those expressly set out in these Terms, and the Australian

Consumer Law to the extent applicable.

15. Disclaimer:

The Site is provided to you without warranties, express or implied, including but not limited to

implied warranties of merchantability and fitness for a particular purpose. We do not warrant that

the functions contained in any material on the Site or your access to the Site will be error free, that

any defects will be corrected, that the Site or the server which stores and transmits material to you

are free of viruses or any other harmful components, or that the Site will operate on a continuous

basis or be available at any time.

While we endeavour to keep the Site and information up to date and correct, we make no

representations, warranties or guarantee, express or implied, about:

(a) the completeness, accuracy, reliability, suitability or availability of any Information, images,

(b) Third Party Information; or

(c) Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third

Party Sites, strictly at your own risk.

16. Indemnity: By using the Site, you agree to defend and indemnify and hold us (and our officers,

directors, employees and agents) harmless from and against all claims, actions, suits, demands,

damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis),

including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Site;

(b) any breach by you of these Terms; or

products, services, or related graphics contained on the Site for any purpose;

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These

Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you,

but may be assigned by us without restriction.

17. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature

and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability

set out in these Terms are reasonable. If you do not think they are reasonable you must not use

this Site. We reserve the right to remove any and all content found to be in breach of copyright,

or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we

reserve the right to block you from the Site and to enforce our rights against you. If we do not act

in relation to a breach of the Terms by you, this does not waive our rights to act with respect to

subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms

are reserved.

18. Exclusion of Competitors: You are prohibited from using our Site, including our information, in any

way that competes with our business. If you breach this term, we will hold you responsible for any

loss that we may sustain, and hold you accountable for any profits that you may make from non-
permitted use. We reserve the right to exclude any person from using our Site and Information, in

our sole discretion.

19. Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a

court of law, then the provision will not apply in that jurisdiction and is deemed not to have been

included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which

continue in full force and effect.

20. Termination: The Terms are effective until terminated by us, which we may do at any time and

without notice to you. In the event of termination, all restrictions imposed on you by the Terms

and limitations of liability set out in the Terms will survive.

21. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any

dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution

process. Please notify us in writing of any dispute you may have.

22. Jurisdiction: Your use of this Site and any dispute arising out of your use of it is subject to the

laws of New South Wales, Australia. You

irrevocably and unconditionally submit to the jurisdiction of the Courts of [insert same State] for

determining any dispute concerning the Terms.

23. General: If a provision of these Terms are invalid or unenforceable it is to be read down or severed

to the extent necessary without affecting the validity or enforceability of the remaining provisions.

If we do not act in relation to a breach by you of these Terms, this does not waive our right to act

with respect to that or subsequent or similar breaches. Each party must at its own expense do

everything reasonably necessary to give full effect to these Terms and the events contemplated by

it.

Terms of delivery follow an online basis - all services and products on this website are in digital format and are available to the customer as soon as the registration process has been confirmed.

For questions and notices, please contact us at:

Belrose Wellness Centre Pty Ltd t/a Energize Health Club

(ABN: 84 17 212 343)

c/- Energize Health Club, 106 Blackbutts Rd, Belrose NSW 2085, Australia

Email: info@energizehealthclub.com.au

Phone: +61 2 9452 2288