Welcome to the SUMHIIT Fitness website of CWG SH1 Pty Ltd (ABN 59 616 507 236) (“SUMHIIT Fitness”) the Australian operator of SUMHIIT Fitness under licence from Basecamp Fitness Franchisor® LLC (“Basecamp Fitness”). SUMHIIT Fitness is pleased to make the websites located at https://www.sumhiit.com/studio/sydney-crows-nest (the “Sites”) available for your use and benefit. By using the Sites, you agree to be bound by the Terms and Conditions set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms and Conditions and the Privacy Notice, you must immediately log off the Sites and may not use the Sites.
These Terms & Conditions covers our activities throughout the world. We may host the sites or information within the apps on servers located within these countries or in any other country we, our service providers, or our service providers’ vendors maintain facilities, including the United States. This means that your personal information may be stored on servers located within any country where there are SUMHIIT Fitness locations. The locations of our servers may change from time-to-time. Further, our franchisees may maintain individual websites in the country or territory they service.
Terms & Conditions varies from country to country. To meet these requirements, we have included certain “Country-Specific Terms & Conditions” as part of this Terms & Conditions. You may locate the Country-Specific Terms & Conditions on the respective websites for each country by clicking on the links below:
Any information collected at the Sites is governed by our privacy policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with SUMHIIT Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of SUMHIIT Fitness or its content, software, and technology suppliers, and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the property of SUMHIIT Fitness under licence from Basecamp Fitness and protected by U.S, Australian and international copyright laws. SUMHIIT Fitness grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, non-commercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of Basecamp Fitness and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Basecamp Fitness. Any use of these rights without the prior written permission of Basecamp Fitness is strictly prohibited.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. SUMHIIT Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If SUMHIIT Fitness discovers price errors, they will be corrected on SUMHIIT Fitness’ systems, and the corrected price will apply to your order. In such circumstances you will be entitled to cancel your order or if your order has been delivered in part or full, such part of your order that has not been provided.
THE SITES AND ALL CONTENT, MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITES ARE PROVIDED IN GOOD FAITH ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS. SUMHIIT FITNESS DOES NOT REPRESENT OR WARRANT THE RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITES OR CONTENT, MATERIALS AND INFORMATION CONTAINED ON THE SITES. TO THE EXTENT PERMITTED BY LAW, SUMHIIT FITNESS IS NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITIES (DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES AND DAMAGES) ARISING IN ANY WAY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) FOR ERRORS IN, OR OMISSIONS FROM, THE SITES OR THE CONTENT, MATERIALS AND INFORMATION CONTAINED ON THE SITES.
SUMHIIT FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. SUMHIIT FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF AUSTRALIA. NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK. IF SUMHIIT FITNESS IS FOUND TO BE LIABLE, THIS WILL BE LIMITED TO THE COST OF SUPPLYING THE CONTENT, INFORMATION OR MATERIAL AGAIN.
SUMHIIT FITNESS DO NOT EXCLUDE OR LIMIT THE APPLICATION OF ANY PROVISION OF ANY STATUTE OR LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW) WHERE TO DO SO WOULD CONTRAVENE THAT STATUTE OR CAUSE ANY PART OF CLAUSES 6 OR 7 OF THESE TERMS AND CONDITIONS TO BE VOID (“STATUTORY GUARANTEE”).
EXCEPT WHERE A STATUTORY GUARANTEE APPLIES, IN NO EVENT SHALL EITHER SUMHIIT FITNESS, BASECAMP FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SUMHIIT Fitness’s liability to you for any breach of any actual or implied provision of these Terms and Conditions is limited, at our option, to refunding the price of the services in respect of which the breach occurred, or to providing or replacing those services again.
As a visitor or user of the Sites you shall not:
You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites (“User Content”). In addition to the rights granted to SUMHIIT Fitness elsewhere in these Terms and Conditions, you hereby grant SUMHIIT Fitness the irrevocable right to copy and use User Content in connection with the Sites and for the purposes related to your Post of the User Content. Although SUMHIIT Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, SUMHIIT Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by SUMHIIT Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Sites, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to SUMHIIT Fitness you grant in these Terms and Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms and Conditions or any applicable local, state, national or international statute, regulation, or law.
You agree to indemnify, defend, and hold SUMHIIT Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable legal fees that SUMHIIT Fitness incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms and Conditions, or your breach of any of your representations or warranties made under these Terms and Conditions. This indemnity is limited to the extent that SUMHIIT Fitness contributes to any such loss due to gross negligence of SUMHIIT Fitness.
The Sites may contain links to other websites. Additionally, other websites may contain links to the Sites. SUMHIIT Fitness does not review or monitor the websites linked to the Sites and SUMHIIT Fitness is not responsible for the content or policies of any other websites. Any link established by SUMHIIT Fitness does not constitute an endorsement of the other websites or create a relationship between SUMHIIT Fitness and the operators of other websites. SUMHIIT Fitness disclaims any liability with respect to your use of any other website, and you release SUMHIIT Fitness from any liability related to your use of any link to another website or your use of any other website. Where the Sites contains a link to another website owned and/or operated by SUMHIIT Fitness or Basecampt Fitness, such website use may be subject to different and additional terms and conditions and privacy policy terms and conditions.
SUMHIIT Fitness may revise these Terms and Conditions at any time without notice. Any use of the Sites following the date on which changes to these Terms and Conditions or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Basecamp Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms and Conditions or the Privacy Policy.
SUMHIIT Fitness may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services through the Sites without notice and SUMHIIT Fitness reserves the right to refuse the provision of services through the Sites to anyone at any time in SUMHIIT Fitness’ reasonable discretion.
If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. SUMHIIT Fitness reserves the right, without notice and in its reasonable discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
Where you have entered into a Membership Agreement or other agreement with us for the provision by SUMHIIT Fitness of products or services, then the terms of that agreement shall apply in the event of any inconsistency with these Terms and Conditions.
You authorise SUMHIIT Fitness and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. Where a third party payment processer is utilised for direct debit payments, you agree to enter into their direct debit payment agreement and understand that we are not a party to it. You acknowledge that our payment processing service provider may change, if this occurs the direct debit payment agreement may be novated to the new provider and you consent to your personal information being provided to the new provider. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to SUMHIIT Fitness are nonrefundable.
THIS SECTION OF THESE TERMS AND CONDITIONS APPLY ONLY IF YOU ARE A SUMHIIT FITNESS STUDIO OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO PROVIDED WITH ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”) and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Sites or SUMHIIT Fitness studio facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others including by complying with the Privacy Policy and any other internal privacy policies, procedures and security measures applicable to the SUMHIIT Fitness Studio. You may not disclose any Member Data to any other person without the prior consent of SUMHIIT Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, SUMHIIT Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by SUMHIIT Fitness or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.
English has been used in the preparation of these Terms and Conditions, and English shall be the controlling language with respect to these Terms and Conditions and their interpretation.
Any failure by SUMHIIT Fitness to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or the right to enforce same.
If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.
These Terms and Conditions are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia.
For questions or comments related to the Sites or these Terms and Conditions, please email us at accessibility@collectivewellness.com.au.
Purchase 30 days of unlimited training in SUMHIIT Fitness CrowsNest for $99 (inclusive of GST).
Offer valid for non-members, 16 years and older only, (photo ID required). Offer subject to satisfactory completion of pre-exercise screening and to standard membership terms. Not valid with any other offers. Not redeemable for cash. Not transferrable. Only valid at SUMHIIT Fitness CrowsNest. Limit 1 offer per person. 30 days is valid from the date of purchase and cannot be suspended. Further provisions may apply. Contact the participating club for details.
Personal information of participants in the offer will be managed in accordance with the SUMHIIT Fitness Privacy Notice and Collection Notice.
Purchase 4 weeks of unlimited training in SUMHIIT Fitness Crows Nest for $4 (inclusive of GST) where you sign up for a membership.
Offer valid for non-members, 16 years and older only, (photo ID required). Offer subject to satisfactory completion of pre-exercise screening and to standard membership terms. Not valid with any other offers. Not redeemable for cash. Not transferrable. Only valid at SUMHIIT Fitness Crows Nest. Limit 1 offer per person. Four weeks (28 days) for $4 is valid from the date of purchase and cannot be suspended during the four week period. The four weeks for $4 promotion serves to reduce your normal payments for the four week period to only $4 for the four weeks (or $1 per week). Normal cancellation provisions and all other provisions under our standard membership agreement apply where you wish to cancel your membership after the initial four weeks. No cancellation notice can be served in the first four weeks. Further provisions may apply. Contact the participating club for details.
Personal information of participants in the offer will be managed in accordance with the SUMHIIT Fitness Privacy Notice and Collection Notice.
