Terms & Conditions

These Terms and Conditions (referred to as “Terms”) are entered into by and between you (referred to as “User”, “you” or “your”) and Varsity Fitness PTY LTD (ABN 88 656 990 448) (referred to as “Varsity Fit”, “we”, “us” or “our”).

These Terms govern your access to and use of the Varsity Fit website (www.varsityfit.com.au), mobile application (the “Varsity Fit App”), and all related services, resources, tools and content offered through our platform (collectively, the “Platform”).

By accessing or using the Platform, creating an account, purchasing a subscription, or engaging our services, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

Varsity Fit provides a range of health, fitness, nutrition, performance and wellbeing services, including but not limited to:

• Personalised strength and conditioning programs
• Nutrition coaching and meal planning
• Corporate health and wellness programs
• Health and performance testing and assessments (including body composition analysis)
• Educational resources, articles, calculators and tools
• Exercise and movement demonstration libraries
• Recipe and meal libraries
• Digital fitness tools and tracking via the Varsity Fit App

The specific services available to you will depend on your subscription plan, service agreement, or program enrolment.

You must be at least 16 years of age to create an account and use the Platform. If you are between 16 and 18 years of age, you represent that you have the consent of a parent or legal guardian to use the Platform and that your parent or guardian has read and agreed to these Terms on your behalf.

If you are accessing the Platform on behalf of an organisation (for example, as part of a corporate wellness program), you represent that you have the authority to bind that organisation to these Terms.

To access certain features of the Platform, you may be required to create an account. When registering, you agree to:

• Provide accurate, current and complete information
• Maintain and promptly update your account information
• Keep your password confidential and not share your account credentials with any other person
• Accept responsibility for all activity that occurs under your account
• Notify us immediately if you become aware of any unauthorised use of your account

Your account is personal to you and may not be transferred, sold or assigned to another person. We reserve the right to suspend or terminate your account if we reasonably believe that your account information is inaccurate, or that your account has been compromised or is being used in breach of these Terms.

When using the Platform, you agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload, transmit or distribute any content that is defamatory, obscene, offensive, hateful, discriminatory or otherwise objectionable
• Interfere with, disrupt or attempt to gain unauthorised access to the Platform, its servers or connected systems
• Use any automated means (including bots, scrapers or crawlers) to access, collect data from, or interact with the Platform without our prior written consent
• Reverse engineer, decompile or disassemble any part of the Platform
• Reproduce, distribute, modify, create derivative works of, publicly display or exploit any content from the Platform without our prior written consent
• Share, transfer or allow another person to use your account or subscription

We reserve the right to investigate and take appropriate action in response to any suspected violation of these Terms, including suspension or termination of your account and reporting to relevant authorities where necessary.

All content, materials and resources on the Platform, including but not limited to text, graphics, logos, images, videos, exercise demonstrations, recipes, articles, software, training programs, educational materials and tools (collectively, “Content”), are the property of Varsity Fitness PTY LTD or our licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.

Your use of the Platform grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content for your personal, non-commercial use only, in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, transmit, sell or otherwise exploit any Content without our prior written consent.

The Varsity Fit name, logo and all related branding are trademarks of Varsity Fitness PTY LTD. You may not use our trademarks without our prior written permission.

You may submit content to the Platform, including profile information, progress data, photos, feedback, reviews and other materials (“User Content”). You retain ownership of your User Content, but by submitting it to the Platform, you grant Varsity Fit a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt and display your User Content for the purposes of operating and improving the Platform and our services.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not infringe the rights of any third party.

We reserve the right to remove any User Content that we consider, in our sole discretion, to be in breach of these Terms or otherwise inappropriate.

The information, programs, resources and services provided through the Platform are intended for general health, fitness and wellness purposes only. They are not a substitute for professional medical advice, diagnosis or treatment.

You acknowledge and agree that:

• You should consult with a qualified medical practitioner before beginning any exercise, nutrition or wellness program, particularly if you have any pre-existing health conditions, injuries, are pregnant, or have any concerns about your physical health
• Participation in any exercise or fitness program involves inherent risks of physical injury. You participate in our programs at your own risk
• Varsity Fit is not a medical provider. While our team includes qualified exercise and nutrition professionals, our services are not intended to diagnose, treat, cure or prevent any disease or medical condition
• The nutritional information, meal plans and dietary guidance provided through the Platform are general in nature and may not be suitable for your individual circumstances. You should seek advice from a qualified healthcare professional (such as a doctor, Accredited Practising Dietitian or Accredited Sports Dietitian) for specific medical nutrition therapy
• Results from our programs and services will vary between individuals and are not guaranteed
• You are solely responsible for ensuring that the exercises, nutrition advice and programs you follow through our Platform are appropriate for your individual health status and fitness level

Where Varsity Fit provides corporate wellness services to organisations, additional terms may apply as set out in a separate service agreement between Varsity Fit and the organisation. In the event of any conflict between these Terms and a corporate wellness service agreement, the service agreement will prevail.

Individual participants in corporate wellness programs are still bound by these Terms in relation to their personal use of the Platform.

To the maximum extent permitted by law, Varsity Fit, its directors, officers, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform is limited to the amount you paid to Varsity Fit in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

You agree to indemnify, defend and hold harmless Varsity Fit, its directors, officers, employees, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Platform
• Your breach of these Terms
• Your violation of any law or regulation
• Your User Content
• Any injury, illness or damage arising from your participation in exercise, fitness or nutrition programs

The Platform and all Content, services and features are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, to the maximum extent permitted by law.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any Content on the Platform is accurate, complete, reliable or current.

We reserve the right to modify, suspend or discontinue any part of the Platform at any time, with or without notice, and without liability to you.

The Platform may contain links to third-party websites, applications or services that are not owned or controlled by Varsity Fit. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

We may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe that you have breached these Terms or if we discontinue the Platform or any part of it.

You may terminate your account at any time by contacting us at privacy@varsityfit.com.au or through your account settings. Upon termination, your right to access and use the Platform will cease immediately, subject to any rights you may have under the Australian Consumer Law.

Sections of these Terms that by their nature should survive termination will remain in effect, including intellectual property, limitation of liability, indemnification, disclaimers, and governing law.

These Terms are governed by and construed in accordance with the laws of [Insert State/Territory, e.g. Western Australia], Australia. You agree to submit to the exclusive jurisdiction of the courts of [Insert State/Territory] and any courts of appeal from those courts for the resolution of any disputes arising out of or in connection with these Terms.

Varsity Fit will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a Force Majeure Event, including but not limited to natural disasters, acts of God, pandemics, government actions, power failures, internet or telecommunications failures, labour disputes, or any other event beyond our reasonable control.

We reserve the right to modify these Terms at any time. We will post the updated Terms on the Platform and update the “Last Updated” date at the top of this document. Where changes are material, we will notify you by email or through a prominent notice on the Platform.

Your continued use of the Platform after any changes to these Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must cease using the Platform.

If you have any questions or concerns about these Terms, please contact us:

• Business Name: Varsity Fitness PTY LTD
• ABN: 88 656 990 448
• Email: info@varsityfit.com.au
• Postal Address: Coming Soon
• Phone: Coming Soon