Terms & Conditions

Effective Date: 15 November 2022

Welcome to the website of CWG SH 1 Pty Limited d/b/a SUMHIIT Fitness, located at 2/71 Longueville Road, Lane Cove, NSW 2066, Australia ("SUMIIT Fitness" or "we" or "us"). SUMHIIT Fitness is pleased to make the website located at https://sumhiitfitness.com and other applicable webpages (the "Site") available for your use and benefit. By using the Site you agree to be bound by the Terms and Conditions set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms and Conditions and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms and Conditions apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with SUMHIIT Fitness, unless otherwise directed by SUMHIIT Fitness. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Visitor Information on this Site

Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, 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.

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of SUMHIIT Fitness or its content, software, and technology suppliers, and is protected by applicable copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of SUMHIIT Fitness and protected by applicable copyright laws. SUMHIIT Fitness grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and "look and feel" (the "Trademarks") used and displayed on the Site are registered and unregistered Trademarks of SUMHIIT Fitness and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, 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 SUMHIIT Fitness. Any use of these rights without the prior written permission of SUMHIIT Fitness is strictly prohibited.

Accuracy

Information on the Site 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. The corrected price will not be retrospectively applied to any previous orders.

Disclaimer of Warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SUMHIIT FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ANYTIME FITNESS MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ANYTIME FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF AUSTRALIA. TO THE FULL EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER SUMHIIT 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 SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND ONLY TO THE EXTENT THAT ANY SUCH DAMAGES DO NOT ARISE DUE TO SUMHIIT FITNESS'S NEGLIGENCE OR WILLFUL MISCONDUCT.

Non-Excludable Rights

Certain legislation (including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law")), regulation, common law, standards, rules, government notices, conventions or other guidance from regulators or governing bodies may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent ("Non-Excludable Rights"). Nothing in these Terms has the effect of limiting or excluding any Non-Excludable Rights.

To the full extent permitted by law, SUMHIIT Fitness' aggregate liability resulting from or relating to your use of the Site shall not exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a "Post") any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked Site;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked Site;
  • use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the web pages on the Site or the content contained therein without Anytime Fitness's prior, express, and written permission; or
  • use the Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site ("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 Site 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 Site, 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 Site at any time and for any reason without notice. Your User Content may be available on the Site 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 Site, 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 Site 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 Site, does not and will not violate these Terms and Conditions or any applicable local, state, national or international statute, regulation, or law.

Indemnification

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 attorneys' fees that SUMHIIT Fitness incurs or suffers which relate to your use of the Site, 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.

Your liability to SUMHIIT Fitness under or in connection with your use of the Site is reduced to the extent, if any, to which our acts or omissions cause or contribute to SUMHIIT Fitness' own loss or damage.

Links to Other Websites

The Site may contain links to other websites. Additionally, other websites may contain links to the Site. SUMHIIT Fitness does not review or monitor the websites linked to the Site and SUMHIIT Fitness is not responsible for the content or policies of any other website. Any link established by SUMHIIT Fitness does not constitute an endorsement of the other website or create a relationship between SUMHIIT Fitness and the operators of other website. SUMHIIT Fitness disclaims any liability with respect to your use of any other web site, and you release SUMHIIT Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by SUMHIIT Fitness, such web site use may be subject to different and additional terms and conditions.

Changes to Terms and Conditions

SUMHIIT Fitness may revise these Terms and Conditions at any time without notice to the extent that the revisions do not cause you any serious detriment. If any changes to the terms would cause you serious detriment we will give you reasonable notice of such change. Any use of the Site following the date on which changes to these Terms and Conditions or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. To the extent that the changes do not cause you serious detriment, you expressly agree that SUMHIIT 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.

Continued Operation, Accessibility, and Maintenance of this Site

SUMHIIT Fitness may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and SUMHIIT Fitness reserves the right to refuse service to anyone at any time, with or without cause. If we restrict your access to the Site, we will suspend any membership fees. We will notify you via email of any such restriction and the resulting impact on your membership fees.

Your Account

If you are a registered user of any of the Site, 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 sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

Payment

You authorize 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 Site. You represent and warrant that you are the only one who will make payments in connection with the Site, 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.

Fitness Studio Owners, Employees, Trainers or Other Contractors

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 Site or SUMHIIT Fitness Studio facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. 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.

General Provisions

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.

These Terms and Conditions shall be governed by the laws of New South Wales, Australia without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms and Conditions, or arising out of any other dispute or claim associated with SUMHIIT Fitness, you irrevocably and unconditionally: (i) consent to submit to the non-exclusive jurisdiction of the courts in New South Wales, Australia (the "New South Wales Courts") for any litigation or dispute arising out of or relating to these Terms and Conditions; (ii) agree not to commence any litigation arising out of or relating to these Terms and Conditions except in the New South Wales Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the New South Wales courts represent the non-exclusive jurisdiction for all disputes relating to these Terms and Conditions.

If any portion of these Terms and Conditions is held to be invalid, such holding shall not invalidate the other provisions of these Terms and Conditions.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to SUMHIIT Fitness or a third party provider on the Site, by a Post or otherwise (collectively, "Submissions"), shall become SUMHIIT Fitness' property; and you hereby transfer, sell, and assign to SUMHIIT Fitness all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. SUMHIIT Fitness has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. SUMHIIT Fitness shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Site or these Terms and Conditions, please email us at privacy@sumhiit.com.