GymBetter

*Not all gyms within the partner network are participating in the GymBetter program. Gym locations may also change from time to time. Check the GymBetter app for participating gyms.

 

^{A. Program Rules}

^{1.     GymBetter is available to anyone who wishes to use a Gym in Australia (“Gym Members”).}

^{2.     Subject to the relevant terms of each of the Gyms listed below and these Terms of Use, GymBetter can be used by Gym Members to access participating gyms throughout Australia from the following networks (as amended from time to time pursuant to these Terms of Use):}

       ^{a. Goodlife Health Clubs ABN 59 120 953 200;}

       ^{b. Fernwood Fitness Pty Ltd ABN 39 093 200 901; and}

       ^{c. YMCA ABN 45 004 076 297,}

^{(the “Gyms”). Please refer to the App for a full list of Gym locations.}

^{3.     Gym Members must be over the age of 16 to access YMCA, and over the age of 18 to access all other participating Gyms (subject to these Terms of Use).}

^{4.     Gym Members who hold Medibank health insurance at the time of using GymBetter will be eligible to receive a discounted price on visits to the Gym, as set out in in these Terms of Use.}

^{5.     Gym Members who hold any ahm product, Ambulance only cover, or only Medibank non private health insurance product(s) (including but not limited to pet insurance, life insurance and travel insurance) will not be eligible to receive the discounted price, as set out in these Terms of Use.}

^{6.     These Terms of Use are comprised of the Program Rules, the App Terms and the Privacy Statement.}

^{7.     Gym Members can access GymBetter in one of two ways:}

        ^{a. by using an iOS device to access the GymBetter App (“iOS App”); or}

        ^{b. by using an Android device to access the GymBetter App (“Android App”);}

        ^{together, the “Apps”.  It is free to download the Apps.}

^{8.     Gym Members may access the iOS App using iOS software version 7.1 or above.}

^{9.     Gym Members may access the Android App using Android software version 4.0.3 or above.}

^{10.  Gym Members must complete and pass a short pre-exercise questionnaire in accordance with Stage 1 of the Fitness Australia endorsed Adult Pre-Exercise Screening System (APSS) via the App to determine whether GymBetter is an appropriate program for them. Gym Members warrant that the information and answers that they provide in response to this questionnaire will be true and correct.}

^{11.  If a Gym Member receives medical advice from their health care professional that they should not participate in GymBetter, they must cease using the program until advised otherwise by their health care professional.}

^{12.  Nothing in these Terms of Use limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").}

^{13.  To join the GymBetter program, Gym Members must download the App and register. Details of how to register are available online at http://www.medibank.com.au/gymbetter/}

^{14.  Use of the App is at all times subject to the Gym Members’ compliance with any terms and conditions of use which purport to apply to the App. The App (and any terms and conditions of use) may be updated at any time and Gym Members may be required to download updated versions of the App (and confirm their agreement to any updated terms and conditions) in order to continue to participate in GymBetter.}

^{15.  Registration in GymBetter is subject to Gym Members completing and passing a short pre-exercise questionnaire via the App (refer to clause 10 above).  Registration is deemed acceptance of these Terms of Use.}

^{16.  Gym Members must provide the following information when registering via the App:}

     ^{a. Name;}

     ^{b. Email address;}

     ^{c. Date of Birth;}

     ^{d. Postcode;}

     ^{e. Phone number;}

     ^{f.  Gender;}

     ^{g. Emergency contact name and phone number;}

     ^{h. Medibank Membership number (if applicable); and}

     ^{i.  Payment details (credit card or scheme debit card).}

^{17.  Gym Members acknowledge and agree that Fernwood Fitness Pty Ltd is a female only Gym, and as such only females will be permitted entry to the Gym. More details can be found at www.fernwoodfitness.com.au.}

^{18.  Gym Members’ payment details will be securely stored by Qvalent Pty Ltd, a wholly owned subsidiary of Westpac Banking Corporation (“Westpac Qvalent”), the payment gateway provider for GymBetter[1]. Westpac Qvalent’s terms and conditions and privacy policy are available at www.qvalent.com.}

^{19.  Gym Members acknowledge that payments from international credit cards are subject to the relevant card issuers exchange rates, transaction fees and any other fees.}  

^{20.  Medibank may change payment gateway providers for GymBetter at any time and will notify Gym Members in advance via the email address that they have provided via the App. Gym Members may provide payment details on registration or prior to making a purchase via the App.}

^{21.  Gym Members are required to verify their email address via the App in order to complete the registration process. Gym Members will be sent an email confirming that they have completed the registration process.}

^{22.  To locate a particular Gym, Gym Members have the option to either:}

     ^{a. enable location services and the App will display the nearest Gyms at which the Member is located; or}

     ^{b. the Member can manually search by postcode or suburb for the Gym they wish to visit.}

^{23.  There is no minimum spend required by Gym Members to participate in GymBetter.}

^{24.  Gym Members who register for GymBetter from 1 October 2015 will receive a free pass to use at one of our participating Gyms within 7 days of registering subject to the terms and conditions of the relevant Gym. To use the free pass, Gym Members must select a participating Gym and “Create a First Time Visit Pass”. This First Time Visit Pass will only be valid for 7 days from the day the Gym Member registers, regardless of when the First Time Visit Pass is created.}

^{25.  Flexible, pay-as-you-go method with no lock-in contracts means that a Gym Member who:}

      ^{a. holds Medibank  health insurance at the time of purchasing a pass will receive a discount on the cost of the pass to a Gym in the network. In order to be eligible to receive this price, Gym Members must provide their Medibank membership number via the App prior to purchasing a pass and their registered name in the App must match their Medibank health insurance policy details exactly; or}

     ^{b. does not hold Medibank  health insurance  at the time of purchasing a pass will be charged the non-discounted price per pass to access a Gym in the network.}

^{26.  If a Gym Member joins GymBetter and subsequently becomes a Medibank health insurance policyholder, they are able to provide their Medibank health cover membership number at any time via the App and will be able to access the discounted price for subsequent pass purchases. Their registered name in the App must match their Medibank  health insurance policy details exactly.}

^{27.  If a Gym Member is found to be ineligible or becomes ineligible for the discounted price because they cease to hold Medibank  health insurance, they will pay the non-discounted price on any subsequent pass purchases.}

^{28.  To become eligible for the GymBetter discounted price, a Gym Member must use their own Medibank Membership number. If Gym Member uses a Medibank Membership number that is not theirs, the Gym Members’ Membership may immediately be suspended or cancelled and they may be banned from joining GymBetter in the future.}

^{29.  Gym Members must login to the App in order to purchase a pass to their chosen Gym within the network. Upon arrival at any Gym in the network, Gym Members must check-in via the App.  At the time of check-in, the Gym Member’s name, responses to the pre-exercise questionnaire and emergency contact details will be provided to the Gym. The App will display a confirmation screen.}

^{30.  Once a Gym Member obtains a pass for a specific Gym, they cannot change the Gym location.}

^{31.  Gym Members must show the confirmation screen on their mobile device to the front desk of the Gym to gain entry to the Gym within one (1) hour of checking in via the App. If the pass has not been used to enter a Gym within one (1) hour of check-in, subject to the Non-Excludable Guarantees, the pass expires and will not be refunded or transferred.}

^{32.  Each pass allows for only one (1) visit (unlimited duration) to the selected Gym to use the facilities and classes from the time a Gym Member checks in via the App. Gym passes must be checked-in, and may not be copied.  Once a Gym Member enters the Gym, they are unable to leave and re-enter unless they purchase/obtain a new pass. Once the fee has been paid via the App, and subject to the Non-Excludable Guarantees, it is non-refundable (regardless of whether or not the Gym Member visits the Gym). A pass will expire 6 months after purchase (provided that the Gym Member has not checked-in to a particular Gym using that pass).}

^{33.  A tax invoice will be sent to the email address a Gym Member provides via the App each time they purchase a pass.}

^{34.  Only Gym Members may access a Gym via GymBetter. Gym Members must not give non-Gym Members access to a Gym without the approval of Gym staff.}

^{35.  Failure to comply with terms 28, 32 and 34 may result in Gym Member being charged a fee of $200 and/or your GymBetter registration being suspended or cancelled.}

^{36.  GymBetter provides Gym Members with access to the same facilities as an ordinary gym membership would (i.e. classes, access to equipment).}

^{37.  Gym Members can only access 24/7 Gyms during staffed hours.  Each Gym’s opening hours are listed within the App and may be updated from time to time.}

^{38.  Personal training sessions, crèche or extras not available under a Gym’s ordinary membership policy are excluded from GymBetter. Gym Members should contact the relevant Gym if they would like further information on exclusions.}

^{39.  Gym Members who use the App may be sent push notifications via the App. The push notifications may include, but are not limited to, notifications of changes to the App, GymBetter or these Terms of Use.  Gym Members can disable push notifications via their phone settings. Gym Members who disable push notifications may not receive relevant updates via the App.}

^{40.  Gym Members will be sent notifications of changes to the App, GymBetter or these Terms of Use via the email address they have provided.}

^{41.  Medibank will ask Gym Members to provide optional feedback within the App after they visit a Gym.}

^{42.  By complying with these Terms of Use, Gym Members also agree to comply with the terms and conditions (including any ‘house rules’ or ‘Club rules’) of each Gym that they access.  A copy of each Gym’s terms and conditions is available at:}

      ^{a. www.goodlifehealthclubs.com.au;}

      ^{b. www.fernwoodfitness.com.au; and}

      ^{c. http://ymca.org.au/what-we-do/Pages/Recreation.aspx,}

^{or as otherwise advised to the Gym Member from time to time.  To the extent of any inconsistency between each Gym’s terms and conditions and these Terms of Use, these Terms of Use will prevail.}

^{43.  Each Gym Member agrees to be held liable, and indemnifies Medibank and any Gym for, any act or omission that results in any loss or damage to a Gym or its facilities and services or any other person through a wilful, wrongful or negligent act, including but not limited to any act of omission of a Gym Member which is in breach of the Club or House Rules or these Terms of Use that causes Medibank, a Gym or any other person to suffer loss or damage including consequential loss.}

^{44.  Gym staff have the right to ask for photographic identification before they give access to a Gym Member. Gym staff may deny access to Gym Members where a Gym Member is unable to provide photographic identification upon request.}

^{45.  Gym Members who use Goodlife Gym facilities acknowledge the following:}

      ^{a. Certain inherent risks exist in relation to the use of and/or participation in and/or reliance upon Goodlife services;}

      ^{b. Goodlife has provided them with a risk warning and these risks include, but are not limited to:}

           ^{i. Personal injury and loss (including financial loss) resulting from their actions, actions of others or equipment breakdown or failure; and}

          ^{ii. Loss or damage to personal property whether it be lost, stolen, damaged or destroyed;}

      ^{c. They are aware that exercise is physically demanding and participation in some activities may pose a risk to their health;}

      ^{d. They have photographic identification;}

      ^{e. They fully understand these risks and Goodlife’s terms and conditions available at www.googlifehealthclubs.com.au and participate freely and accept the risks involved. They agree to indemnify, and will not hold responsible, Goodlife and Goodlife staff from all claims and liabilities (whatsoever in nature) associated with their use and/or participation in and/or reliance upon Goodlife Services and they hereby release Goodlife and Goodlife Staff from any claims or actions (whatsoever in nature) that may be instituted in relation to your use of and/or participation in and/or reliance upon Goodlife services; and}

      ^{f.  They are physically and mentally capable of using Goodlife Services, and are responsible for their physical and emotional wellbeing while at the Gym, and that they have read and accepted the terms in paragraph 44 of these Terms of Use.}

^{46.  Except for liability that cannot be excluded by law, including the Non-Excludable Guarantees,  Medibank (including their respective officers, employees and agents) excludes all liability (including in negligence) for any loss or damage whatsoever (including indirect or consequential loss) suffered, or for personal injury which is suffered or sustained, by Gym Members in connection with participation in GymBetter, use of the Gyms and/or inaccurate or false answers provided by Gym Members in response to the pre-exercise questionnaire.}

^{47.  Medibank can terminate GymBetter at any time, vary these Terms of Use (including but not limited to, the fees, eligibility to receive the discounted rate and payment terms) and change, add or remove Gyms (including but not limited to, locations), at its sole discretion. If a Gym Member has purchased a pass and Medibank terminates GymBetter before they are able to use it, Medibank will refund the pass using the payment details that the Gym Member provided via the App.}

^{48.  If a Gym Member has purchased a pass to a Gym that is removed from GymBetter before they are able to use it, Medibank will refund the pass using the payment details that the Gym Member provided via the App.}

^{49.  If Medibank removes a Gym from GymBetter, Gym Members will not be able to subsequently purchase a pass to that Gym.}

^{50.  Medibank can transfer GymBetter to any other Medibank owned entity at any time.}

^{51.  If a Gym Member wishes to exit GymBetter, they can cancel their account using the App. There is no termination fee for Gym Members who no longer wish to participate in GymBetter.}

^{B.  App Terms}

^{1.     By accessing and using the App, including any information owned by Medibank, Gym Members agree to be bound by and abide by the Terms of Use, which for the avoidance of doubt includes the App Terms.}

^{2.     Any disputes arising from, in relation to or in connection with the information contained on the App are to be governed by the law of the State of Victoria. By visiting and using the App, Gym Members unconditionally submit to the jurisdiction of the Courts of that State.}

^{3.     The materials on the App have been prepared in connection with GymBetter to which Gym Members are a participating member. The information on the App, or on any other web content accessed via the App or otherwise, may not necessarily be accurate, complete or current.}

^{4.     To the maximum extent permitted by law, Medibank and its officers, employees and agents disclaim any liability (including liability for negligence) to any person arising out of: any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any materials from the App or from any other website on the Internet; any errors or omissions on the App or on any other website on the Internet (including but not limited to errors or omissions arising as a result of the negligence of Medibank or its officers, employees and agents); or any delay or interruption in access to or use of the App or any other website on the Internet (including but not limited to delay or interruption arising as a result of the negligence of Medibank or its officers, employees and agents).}

^{5.     Gym Members accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the App or any other website on the Internet and in relation to any information or material available from those sites. Medibank reserves the right, in its absolute discretion, to delete, alter or move any message or other posted material on the App.}

^{6.     Gym Members must not use the App to:}

      ^{a. access someone else's account or information;}

     ^{b. send unsolicited bulk e-mail or marketing material;}

     ^{c. collect other people's personal data without their knowledge;}

     ^{d. interfere with other users of the App;}

     ^{e. for any defamatory or illegal purpose; or}

     ^{f.  disturb or cause offence to others.}

^{7.     Medibank may monitor Gym Members’ use of the App and Medibank reserves the right to collect, collate and use data relating to Gym Members’ use of the App.}

^{8.     The information provided in the App, and its design, text, graphics and software, are (unless otherwise stated) copyright of Medibank.}

^{9.     Medibank grants Gym Members a non-exclusive, non-transferable licence to use the App in accordance with these Terms of Use, subject to Gym Members’ continued compliance with the Terms of Use. In Medibank’s discretion, this licence may be terminated by Medibank at any time. Gym Members must not modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the App in any way, except as expressly provided for on the App, by the Rules, or with the written authorisation of Medibank.}

^{10.  Medibank does not warrant the accuracy of any hypertext links provided on the App, nor the suitability or accuracy of any content located at those links. Links and frames connecting the App with other web content are for convenience only and do not mean that Medibank is associated with, endorses or approves that other content, or the people who run or contribute to it. Use or reliance on that content is at the user's own risk.}

^{11.  Medibank does not represent or warrant that any files displayed or obtained from or through this App, or and other website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. Medibank’s liability for such an event is limited to the resupply of those files.}

^{C. Privacy Statement}

^{Who are we?}

^{1.     We are GymBetter, a partnership between Medibank and participating Gyms.}

^{2.     References to 'us', 'we' or 'our' include Medibank, and our Gym partners.}

^{Why we collect your personal information}

^{3.     We collect and use your personal and sensitive information (“Information”) to enable us to provide you with GymBetter products and services, including access to, and payment for, Gym facilities and services and to give you information on other products and services.}

^{4.     If we do not collect this Information, we may not be able to provide you with these services.}

^{5.     We may collect your Information from you or from another person or third party authorised to provide us with this information on your behalf.}

^{6.     Where you give us personal information about others, you must ensure that you let them know what information you are giving us and that you have their consent to do so. You should also let them know about this Statement.}

^{Who does this Statement apply to?}

^{7.     This privacy statement applies to:}

^{a.     All prospective, current and past members of GymBetter whose Information we collect;}

^{b.     All individuals whose Information is collected in relation to GymBetter products and services; and}

^{c.     All individuals whose Information is collected by us in the course of our functions and activities related to GymBetter such as service providers, contractors and prospective employees.}

^{Protecting your privacy}

^{8.     We are committed to protecting your Information and complying with our obligations under the Privacy Act 1988 (Cth) and other State and Territory laws governing the use of Information and which regulate how personal information is handled from collection to use and disclosure, storage, access and disposal.}

^{What Information do we collect about you?}

^{9.     In order to provide you with GymBetter services, we may collect the following types of Information about you:}

^{a.     Name, postcode, date of birth, gender and email address;}

^{b.     Medibank membership number (if applicable);}

^{c.     Your membership of any other health fund;}

^{d.     Emergency Contact person’s name and their contact details;}

^{e.     Credit card and scheme debit card details in order to facilitate your payments;}

^{f.      Phone number;}

^{g.     Your responses to a pre-exercise questionnaire; and}

^{h.     Information you provide as part of your use of the GymBetter App (“App”), including:}

         ^{i.     your location and the location of the Gym facility you visit;}

        ^{ii.     the date and time of your visit;}

        ^{iii.     other information you choose to provide from within the App;}

        ^{iv.     Information about any membership you enter into with a Gym;}

        ^{v.     Information you provide when using other GymBetter products and services; and}

       ^{vi.     Your responses to forms, questionnaires and surveys.}

^{How do we use your Information?}

^{10.  We use your information to provide you with GymBetter products and services, including to:}

      ^{a. process your GymBetter membership application and administer your GymBetter membership;}

      ^{b. assess and  validate your eligibility for a discounted rate as an eligible Medibank hospital and extras member;}

      ^{c. notify the Gym of your visit;}

      ^{d. process and audit payments;}

      ^{e. update your details (including contact details) as a user of Medibank’s products and services;}

      ^{f.  help us understand, develop and improve our products and services;}

      ^{g. contact you in relation to offers from Medibank or Gym partners;}

      ^{h. perform other functions and activities relating to GymBetter or to our business; and}

      ^{i.  comply with our legal obligations.}

^{Who do we disclose your Information to?}

^{11.  In order to perform the above, we may disclose your personal information to persons or organisations in Australia or overseas including:}

      ^{a. our Gym partners;}

      ^{b. other Medibank Group Companies;}

      ^{c. other entities related to our Gym partners;}

      ^{d. our contractors, suppliers, partners, professional advisers and service providers;}

      ^{e. social media platforms you choose to link to your Medibank Gym App;}

      ^{f.  payment processing providers and financial institutions; and}

      ^{g. other parties to whom we are authorised or required by law to disclose Information.}

^{12.  We take reasonable steps to ensure that third parties to which we disclose your information will protect your personal information in accordance with Australian privacy laws and only use the Information to the purpose for which it was provided.}

^{13.  Our Gym partners may have service providers located overseas. For more information about their locations, please refer to their respective privacy policies.}

^{How we communicate with you?}

^{14.  We may communicate with you through the App or through other communication channels you have provided to us as part of GymBetter or when using our other products and services.}

^{15.  Where you provide us with an email address, you consent to us sending you communications by email.}

^{16.  From time to time, we may contact you to market products and services and to keep you informed of special offers from Medibank, our Gym partners and third parties, including by direct mail, SMS and MMS messages, by phone and email. You can manage your consents to receiving marketing communications by contacting us via the help menu option in the app.}                                        

^{Need more information?}

^{17.  Medibank’s and our Gym partners’ respective Privacy Policies contains more information about our privacy practices and the relevant Gym partners’ privacy practices, including how you can lodge a privacy complaint and how we manage such complaints.}

^{18.  If you would like to request access to, or correction of, Information GymBetter holds about you or if you have a concern about how your Information is being managed as part of GymBetter, please contact us via the App.}

^{19.  You can always obtain the latest version of our respective Privacy Policies by visiting our websites:}

      ^{a. Medibank - http://www.medibank.com.au}

      ^{b. www.goodlifehealthclubs.com.au;}

      ^{c. www.fernwoodfitness.com.au; and}

      ^{d. http://ymca.org.au/what-we-do/Pages/Recreation}

^{20.  For feedback and more information please contact us via the help menu option in the App or via telephone on 131 490.}

^{Last updated 24 May 2018}

^{[1] A payment gateway is a secure connection between Medibank, card providers and banks. It allows Medibank to accept payments online in a highly secure, Payment Card Industry Security Standards (PCI DSS) compliant manner. Westpac Qvalent holds the highest level of PCI DSS accreditation – level 1 PCI DSS compliance. The company is regularly and externally audited by Shearwater Solutions Pty Ltd. Westpac Qvalent’s financial and internal control systems are also externally audited by McAfee & Qualys and all Westpac Qvalent staff undergo screening and extensive background checks.}