The WELLBEING HQ website at wellbeinghq.com.au are owned and operated by WELLBEING HQ Pty Ltd (ABN 97 797 154) of 16/20 Narabang Way, Belrose NSW (“WELLBEING HQ”, “we”, “us”, “our”).

By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, including the use of the information services provided through this Website.

If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that WELLBEING HQ is entitled to suspend or terminate your use of the Website or membership at any time if WELLBEING HQ considers that you have brought, or may bring, the reputation of WELLBEING HQ or its members into disrepute.

If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.

2. Conditions of use of Website

2.1 Seek advice from Medical Professional

As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

2.2 Information provided on Website

All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

You should not rely on this information as a substitute for, or replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you have read on this site. The use of any information provided on this site is solely at your own risk.

2.3 Quality of the Website

We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

2.4 Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

2.5 Non WELLBEING HQ services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the WELLBEING HQ. If in the opinion of the WELLBEING HQ members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then WELLBEING HQ reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

2.6 Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

2.7 Indirect and Consequential Loss

To the extent permitted by law, and subject to clause [7], in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

2.8 Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

(a) if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or

(b) if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

2.9 Fitness Levels

In conjunction with the meal plan and advice provided on the Website, we recommended that you exercise regularly. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

• pregnant women and women who are breastfeeding or who are trying to conceive a child;

• persons with any ongoing physical condition such as:

• persons suffering from cancer or other long term illness;

• persons with liver disease, kidney disease, or renal failure,

• persons with eating disorders;

• persons with diabetes, blood pressure or cholesterol issues;

• elderly persons;

• persons recovering from or recently recovered from illness or injury; and

• persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that is included as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

3. Indemnity

You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.

4. Intellectual Property

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

(a) publishing or posting any of the content (such as recipes or exercise programs) on any other website, but excluding your personal social media pages;

(b) using the logo or trade marks of this Website, the phrase WELLBEING HQ (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);

(c) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and

(d) systematic downloading or scraping of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

(a) the frequency and nature of any downloads; and

(b) the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

5. Linked Websites

The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

6. Variation

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or WELLBEING HQ members, we will provide you additional notice to you at the time that you access the Website following any variation.

7. Personal Information Collection Notice

In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Our Privacy Policy can be viewed at www.wellbeinghq.com/terms

The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

8. Contest – Giveaway Terms

(a) The $200 Giveaway is a $200 voucher to use on the start-up of any membership at Wellbeing HQ.

(b) Employees of the promoter and agencies associated with this promotion (WELLBEING HQ Pty Ltd) are ineligible to enter the competition, as are their immediate families. Existing members are ineligible to enter the competition.  

(c) The winner/s of the WELLBEING HQ $200 Giveaway will be determined by WELLBEING HQ Pty Ltd at its sole discretion.

(d) Winners of the competition must be 18 years old and cannot be a member of WELLBEING HQ.

(e) The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.

(f) The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged for another itinerary. In the event that, for any reason whatsoever, a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

(g) The promoter reserves the right to substitute any component of the prize for an itinerary of equal value at their discretion.

(h) Prize cannot be gifted to other persons in lieu of the winner not being able to travel. Should the winner not be able to complete all aspects of the itinerary within the period of prize validity, the remaining items shall be forfeited without any replacement for their value.

(i) The winner is required to obtain the relevant & suitable travel insurance at their own expense in order to be able to take the competition prize. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to, Valid passports, visas, and health requirements, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.

(j) The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws.

(l) By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.

(m) The winner will be notified in writing by email within thirty (30) working days of the conclusion of the competition.

9. Severance & Termination

WELLBEING HQ may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

10. Governing Law

These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

Privacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means WELLBEING HQ Pty Ltd, its affiliates, and member studios. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information.

WELLBEING HQ is independently owned and operated. 

Please read this Privacy Policy carefully.  We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.  We will notify you of any modifications to this Privacy Policy that might materially affect the way we use or disclose your personal information prior to the change becoming effective.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.

If you are visiting this site from the European Economic Area (“EEA”), click here.

What personal information do we collect?

We may collect the following types of personal information:

name;

mailing or street address;

email address;

telephone number and other contact details;

age or date of birth;

credit card information;

your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your inquiries;

any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;

information you provide to us through customer surveys; or

any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

register on our website or app;

communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;

interact with our sites, services, content and advertising; or

invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act in Australia.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

to operate, protect, improve and optimize our services and app, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

to send membership offers, promotions or discounts to use or train at a WELLBEING HQ;

to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;

to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

to consider your employment application.

Do we use your personal information for direct marketing?

With your consent where required by law, we and/or our carefully selected business partners may send you direct marketing communications and information about our services and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act, or relevant law in your jurisdiction. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).

To whom do we disclose your personal information?

We do not disclose your personal information to anyone or any business/third-party.

We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorized access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Users from the European Union and Switzerland

This section of the Privacy Policy applies only if you use our website or services covered by this Privacy Policy from a country that is a Member State of the European Union or Switzerland, & supplements the information in this Privacy Policy.

Controller of Personal Information

To the extent that we are subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), WELLBEING HQ  Pty Ltd and the member studio with which you have a relationship are both controllers with respect to your Personal Data.  That means that we may both determine how and why your personal data is used.

Legal Basis for Data Processing

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the WELLBEING HQ studio with which you are member (for example, to register you as a member of one of our studios or to resolve billing or customer service inquiries related to your membership or products you have purchased); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties as described above), which may subsequently be withdrawn at any time (by contacting us as set out in the “Contact Us” section below) without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our website.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your Rights

You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Data, and to request access to, rectification, erasure and portability of your own Personal Data.  Requests should be submitted by contacting us as set out in the “Contact Us” section below.  We will only share your information with third parties for marketing purposes where you have given your consent to do so, and you can opt-out of such sharing at any time.  You may need to separately opt-out of receiving marketing from the third party.

If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected.  You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data violates applicable law.

Contact Us

For further information about our Privacy Policy or practices, or to exercise control over your personal information, or make a complaint, please contact us via hello@wellbeinghq.com.au, or in person. If you have questions about how we process your information in particular, contact us on www.wellbeinghq.com/contact