TERMS AND CONDITIONS
The material on the Strong Healthy Women ABN 56 603 121 071 Website, under the domain name stronghealthywomen.com.au resides on a server in the state of Queensland, Australia. This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.
We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.
If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
Anti-Spam Notice
Publication of electronic addresses on Strong Healthy Women’s Website is for the purpose of professional communication only and must not be used to infer consent by Strong Healthy Women or the relevant addresses, to the receipt of unsolicited commercial electronic messages.
Content on this Website
Material or information on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Strong Healthy Women does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.
External Links and Advertisements
This Website may contain links to websites maintained by other organisations over which Strong Healthy Women has no control. Strong Healthy Women does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
Strong Healthy Women makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is Strong Healthy Women responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.
Limitation of Liability
Strong Healthy Women (i) makes no warranties or representations about this Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. Strong Healthy Women excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by Strong Healthy Women in relation to the use of this website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).
Under no circumstances will Strong Healthy Women be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
Strong Healthy Women shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
Copyright
Information contained in this website is copyright by Strong Healthy Women, unless otherwise indicated. All rights are reserve.
You may download, display, print and reproduce this material in unaltered form for your personal and non-commercial use only.
You may not display, print or reproduce this material in whole or part for commercial use, unless prior written permission is attained. Apart from any use as permitted under the Copyright Act 1968.
Website Copyright in Material and Restriction of Use
Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Strong Healthy Women Ltd (ABN 56 603 121 071). All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
For further information about copyright in Strong Healthy Women content contact the Manager via email at stronghealthywomen.com.au
Strong Healthy Women grants you permission to do the following with the content unless otherwise indicated:
- store a reproduction of the content on your local computer for the sole purpose of viewing it
- print hard copies of the content for non-commercial use or personal use only
- reproduce or distribute any complete page of the content so long as
- you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
- you do not modify the copy from how it appears on the Website (unless expressly authorised by Strong Healthy Women )
- you adhere to the Permitted Use Statement for Standards, Guidelines and Resources available on this website, where applicable, and
- the content is appropriately attributed to Strong Healthy Women
Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of Strong Healthy Women.
Copyright in Other Material
Strong Healthy Women makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
Strong Healthy Women is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
Trademarks
Trademarks including but not limited to the words Strong Healthy Women, unless otherwise indicated, are owned by Strong Healthy Women in Australia and may be the subject of rights in other countries. You must not use Strong Healthy Women’s trademarks except: (i) by saving or printing out a copy of Strong Healthy Women’s website as permitted by the copyright notice above; (ii) as permitted by written agreement from Strong Healthy Women .
This Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
Indemnification
You agree to indemnify, defend and hold harmless Strong Healthy Women, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. Strong Healthy Women reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
Invalid Terms and Conditions
In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.
Variation of Terms of Use
Strong Healthy Women reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.
Website Unavailability
Strong Healthy Women does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Strong Healthy Women.
Registration
Whether you are a member of Strong Healthy Women or a non-member, you need to register in order to purchase products and services from this Website or enter competitions. Members may be entitled to receive discounts when purchasing and / or registering for products and services from this Website. Access to some areas of this Website may also be restricted to members only and program providers. Find out more about becoming a member of Strong Healthy Women and the benefits available to members.
We reserve the right to change, from time to time, the services available to members.
Consulting / Coaching Services
Any verbal advice provided by our consultants / coaches (via one of our phones or otherwise): is given in good faith; is given on the basis that you have accurately disclosed all relevant facts to us; and relates only to the facts which you have disclosed to us and your individual circumstances.
Verbal advice may not represent the only or definitive solution to your enquiry or contain all the detail required to answer your enquiry fully as the nature of the communication is instantaneous and prevents extensive deliberation. You should carefully consider the extent to which your verbal advice suits your objectives, financial situation or need before acting on it as we may not be able to take them fully into account during a brief telephone conversation or initial meeting.
Membership Registration Disclaimer
In relation to the provision of membership services: we exclude all implied conditions and warranties except those the exclusion of which would contravene any statute or cause any part of these terms and conditions to be void; to the fullest extent permitted by law, we will not be liable for any loss or damage (whether foreseeable or not) suffered by any person acting on our advice, whether the loss or damage arises in connection with our negligence, default or lack of care, any misrepresentation or any other cause; and our liability is limited to providing you with the services again.
Registration for Events / Membership
If you have registered but fail to attend an event, you will be liable for payment unless cancellation is made in writing, in accordance with Strong Healthy Women’s Cancellation Policy advertised. You can check the Cancellation Policy at registration.
In-House registrations: In-House registrations are made in person or by email and all efforts will be made to process offline registrations within two (2) working days of receipt.
On-Line registrations: If you encounter difficulties with online registrations, please contact us.
DISCLAIMER
By browsing stronghealthywomen.com.au you are agreeing to comply with and be bound by this disclaimer and our terms and conditions.
Strong Healthy Women make every effort to ensure that the information on this website is up to date and accurate. Strong Healthy Women does not give any guarantees, undertakings or warranties in relation to the accuracy completeness and up to date status of the above information. Strong Healthy Women will not be liable for any loss or damage suffered by any person arising out of the reliance of any information on this Website.
Any information contained within this site is of a general nature only and is not intended to be complete or definitive.
You should be aware that there may be technical inaccuracies, typographical errors, programming bugs or computer viruses in this website or its content.
This site may contain links to third party sites. Strong Healthy Women provides no warranty nor takes any responsibility for the accuracy, source or any aspect of any third party site.
Access to this web site is provided on the condition that:
- to the full extent permitted by law, Strong Healthy Women will be under no liability to any person in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with any use of this web site or of the information on or accessed through this web site for whatever reason (including negligence);
- where any statute implies any term in relation to your use of this web site and that statute prohibits any exclusion or modification of that term, then that term is included.
However, the liability of Strong Healthy Women for breach of any such term will be limited to re-supply of the services which comprise this website.
MEMBERSHIPS
As a member, you can workout with SHW in line with these terms and conditions and the SHW rules and guidelines.
Strong Healthy Women takes all reasonable steps to keep membership information accurate and up to date. We reserve the right to change, modify, add or remove memberships at any time.
MEMBERSHIPS TYPES
FitFlex
Health and Fitness memberships are known as FitFlex and are referred to as the Yin and Yang of workouts. FitFlex uses weights and body weight training to build strength, and stretching to increase flexibility. FitFlex has 2 components, each is 20 minutes in duration. FitFlex is group personal training without the expense and focus of working one-on-one. FitFlex makes everyday life easier for the 50+ woman and has been created and is exclusive to Strong Healthy Women. This is an in-house membership.
Fuelled Up
This membership is based on weekly meal plans, healthy habits, closed community support and moving daily. The objective of Fuelled Up is to get results, learn new habits and feel you are supported every step of the way. Fuelled Up is an in-house or on-line membership.
My Active Healthy Life
The MAHL membership can be either in-house or on-line. This membership takes you to the next level of fitness through daily movement, private support group, exclusive activities and premium events. Your focus is moving your body fat into the healthy range and making the commitment a healthy lifestyle through ongoing support and education.
Exclusive Memberships
This membership type is unique and specialised and is not open to the public.
Non-transferable
Memberships are non-transferable.
Additional Services
From time to time we operate additional services. These are not part of our agreement and may involve separate fees, code and agreements. Please read them.
These services may be included in our premium and exclusive membership. Please check your agreement terms.
OPERATING HOURS
Hours of operations are subject to change.
DISCOUNTS
Corporate Discount
You will receive a preferred partnership discount if you are an employee of a company we have a current corporate agreement with. Please ask us for more details.
You must show us proof that you qualify for a corporate discount before you receive the discount and then at each year’s anniversary of the membership.
If you no longer satisfy our criteria, we can upgrade you to the equivalent membership. Before we change your contract, we will email you about any changes to your membership.
AGE
You must be 18 years of age.
AGREEMENT INFORMATION
Signing Your Agreement
You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the services or over the phone, these terms and your agreement will apply, unless written confirmation is received from a Strong Healthy Women team member.
Sign Up Payment
You need to pay the initial payment when you join or renew. This fee is listed in your membership agreement. We cannot refund the full fee, even if you cancel during your cooling off period.
Our Rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.
Changing Your Mind
You can cancel your agreement during the cooling off period. You have 48 hours to cancel your membership within this period. We will then cancel your agreement and refund the payment, less the administration fee. This is only applicable for new membership agreements.
YOUR HEALTH
Staying Healthy
On the day you sign your agreement and each time you use our services, you must ensure that you are in good physical condition, you know of no medical or other reason why you cannot or should not do active or passive exercise.
Medical Advice
Our team and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
MEMBERSHIPS PAYMENTS
Paying Membership Fees
There are 3 options to pay membership fees and they are direct debit, prepayment and pay as you go (casual).
Continual Memberships
You pay fees for continual memberships in advance each month, 28 days, fortnight, week by direct debit from a bank account or credit card.
Prepaid Memberships
You can prepay some memberships.
For a Prepaid membership, you will pay on the day you buy it.
You must renew your prepaid membership 7 days prior to when your membership is due to end, you can choose to renew it before that date at your existing rate, otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.
Casual Memberships
For a Casual membership, you will pay on the day you buy it and before you commence your workout.
Casual membership fees are set at the current rate.
Crediting Direct Debits
We will direct debit your weekly membership fees from your nominated account/credit card every Monday.
We will direct debit your fortnightly membership fees from your nominated account/credit card every second Monday.
We will direct debit your 28 day membership fees from your nominated account/credit card every 28 days on a Monday.
We will direct debit your monthly membership fees from your nominated account/credit card based on your membership agreement date. Direct debit dates are 1, 5, 10, 15, 20, 25 of the month. These direct debit dates are pre-set for all members. If a date falls on a public holiday, we will debit your account on the next business day. Direct debits might take up to 5 days to come out of your account. Please note that the processing centre charge a minimum fee for bank accounts and a variable rate for credit cards.
Failure to Direct Debit
Your responsibility is to ensure there is enough money in your account on payment day.
Let us know if there are changes to your account at least 3 days prior to your direct debit date.
Tell us about changes to your credit card details such as expiry date or number at least 3 days prior to your direct debit date.
There may be charges to your account for late or failed payments and you authorise us to do so when you complete the direct debit processing form.
If your membership is not paid by due date, you will lose access until your payments are up to date.
We will continue to direct debit from your nominated account/credit card without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by email, text message and phone.
For membership in your name, you must make sure that the payment method continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all fees. You should update your account details and are obligated to complete your minimum term.
We will continue to direct debit your account/credit card to recover outstanding fees, but reserve the right to cancel your membership if we are unable to recovery these fees. Should you return in the future, outstanding debts will need to be cleared and the current membership rates will apply.
Payment Queries
If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.
Agreement Modifications
We may sometimes modify, add to or delete clauses from our terms and conditions. This includes changing the operating days and hours, its services and facilities and membership fees.
Sometimes, we may also close for refurbishment to improve services. We do not reduce your membership fees because your services are not available for renovations or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies on our website at www.stronghealthywomen.com.au
We will give you 7 days’ notice of any changes, for instance by notifying you in our weekly timetable or newsletter or on our website.
Fee Increases
We honour our long term clients and guarantee they will always pay less than the current rate. A small yearly increase may be necessary and we will take into consideration your loyalty to our community when considering the calculation.
We reserve the right to increase your fees at any time. We will make a reasonable effort to tell you about this at least 7 days beforehand by writing to your email address you last gave us. We will consider that you have received our letter or email on the second business day after it is sent.
Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
Membership Holds
Before holding your membership, you must make sure your fees are up to date and you don’t owe us any money.
Note that we cannot backdate any time hold requests. You must request a hold when you need it. We also cannot accept pro-rata payments or hold your direct debits outside direct debit payment period.
Each hold period must fall within a month and your direct debit will be adjusted within this period.
Medical Hold
You can hold your membership for medical reasons. However, we must receive medical certification from a medical practitioner stating you are unable to exercise. If you have a medical certification we will not charge you an administration fee.
Your medical hold applies to your full membership. You must provide 7 days’ notice prior to the next direct debit date.
You must complete and acknowledge the terms and conditions of the medical hold on-line form prior to the hold being processed.
Your medical hold will automatically cease at the end of the certification period and your direct debit will be deducted from your nominated bank account/credit card.
It is your responsibility to notify us should an extension of the medical hold be required.
We will make a reasonable effort to tell you about this at least 7 days beforehand by writing to your email address you last gave us. We will consider that you have received our letter or email on the second business day after it is sent.
Travel/Special Circumstance Hold
We reserve the right to approve any travel or special circumstance hold. These holds are provided to our long term clients.
You can hold your membership for travel/special circumstance reasons if approved by the management of Strong Healthy Women. However, we will charge you $7.50 a week administration fee to a maximum of $30 a month.
Your travel/special circumstance hold applies to your fitness component of your membership and your nutrition component will continue to be deducted from your nominated account/credit card.
You must provide 7 days’ notice prior to the next direct debit date.
You must complete and acknowledge the terms and conditions of the travel/special circumstance hold on-line form prior to the hold being processed.
Your travel/special circumstance hold will automatically cease at the end of the certification period and your direct debit will be deducted from your nominated bank account/credit card.
You can hold your membership due to travel/special circumstance for up to 2 months with a maximum of 2 months per calendar year.
Your travel/special circumstance hold will automatically cease at the end of the certification period and your direct debit will be deducted from your nominated bank account/credit card.
Barcode Use
We will give you a barcode when you join. We will also attach a copy of your barcode to our client database. If you visit the services without your barcode, you must notify the Strong Healthy Women team so that you can be logged into the client database. Every client must log their workout with us when they arrive.
Your barcode is access to our services. You cannot lend your barcode or allow anyone else to use it.
If you lose or damage your barcdoe, please notify us so that we can email your copy to you.
Health Risk and Protection
Tell us about your health risks. If you believe any services activities might risk your health, you must tell us this in writing with full details.
You must also tell us if your medical condition changes after you join.
We may choose to refuse your membership agreement unless we have medical certification from your medical practitioner in writing that you are fit to exercise
You must not work out if you have an infection, contagious illness or physical ailment, such as an open cut or sore and there is any other risk, however small, to other clients and guests.
ENDING YOUR MEMBERSHIP
All cancellations must be in writing.
Cancellation Terms
You or we may cancel your membership.
When you cancel, you must pay us any fees you owe.
You must give us 7 days’ notice to cancel. We count the cancellation period from the date the written documentation is completed.
You cannot hold your membership payments during the notice period.
Cancellation if we Change the Agreement
You can cancel if changes to our terms & conditions adversely affect you.
You can cancel your membership at any time if we change or add to these terms and conditions or the club code and these changes adversely affect you.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing by completing the cancellation documentation.
We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
You need to give the cancellation notice outlined in these terms and provide the evidence that you have done so. We will not charge a cancellation fee.
There are no refunds on prepaid programs once you are in receipt of the program materials.
When you provide medical evidence that the program will cause you physical harm or injury. If you prepay a program for 6 or 12 months, we will refund a prorata calculation of the fee including an administration fee of $107.25.
You cannot transfer your membership to another person.
REFUND POLICY
It is important to Strong Healthy Women that all clients understand their rights and obligations in relation to refunds.
Strong Healthy Women do not charge a registration fee. Upon joining you are paying your membership fee and for the service we provide. All supporting documentation is provided when you make payment. You then have use of the services and documentation immediately.
Our membership fee is a non-refundable fee.
Should you believe that your circumstances for a refund requires special consideration, please make an application in writing (via email) to the Manager at stronghealthywomen@iinet.net.au.
Should a refund be approved you will be notified by return email within 7 working days.
Should a refund be granted a minimum of $107.25 (inc GST) administration fee will apply.
Please note that if your refund request is approved you will be required to provide proof that all documentation access has been destroyed. Once this is received, your refund will be processed.
Participation in Competitions
All competitions that you may enter on this Website are governed by the relevant State legislation and have their own rules and conditions. You are encouraged to read these carefully before entering into any competitions.
GIVING FEEDBACK
Feedback
Your feedback is important in helping us to provide a great service. If you have any comments or questions about our services, website or service please address this in writing to stronghealthywomen@iinet.net.au.
Complaints
If you have a complaint, please follow our complaints process. Please contact us via one of the methods listed below.
Complaint Methods
The team are always happy to help. Ask us at the end or prior to a session or call Peta on 0402 025 447.
If you’d like to speak the operations manager and they are not on duty at the time. Please email us at stronghealthywomen@iinet.net.au and attention the operations manager.
Send us a message by completing our enquiry form via our website: http://www.stronghealthywomen.com.au/contact-us/.
We recognise that some enquiries are more complex than others and may require more time to resolve but we will always let you know. You will hear from us within 7 business days.
SERVICES RULES AND GUIDELINES
You must follow our services rules and guidelines.
Please read and follow all signs, handouts and any verbal communication to ensure you safety. If you don’t understand something, please ask for help.
Be On Time
Please ensure you arrive to sessions 5 minutes before commencement time. The coaches arrive early to set up and complete daily tasks for the sessions and are not available prior to start time for coaching.
Follow Instructions
Listen to and follow instructions from the coaches. They are here to lead, direct and supervise sessions, please let them do their job.
You Are Responsible
You are responsible for your own health, fitness and safety, so if you have any health concerns please address them with your coach so your program can be modified accordingly.
Wear Appropriate Clothing and Footwear
All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. You cannot work out in bare feet unless you are participating in bare feet training. We do not allow clothes with offensive images or inappropriate advertising
What to Bring
There are a variety of sessions operating which may require you to bring equipment, please check with us prior to the session. Please bring a towel, yoga mat and water.
Equipment
Please respect our equipment and don’t mistreat it under any circumstance. You are responsible for using our services and equipment correctly, including working within your level. If you are not sure how to operate any equipment, please ask our team before you use it. Wipe it down after use and return to its proper place. Please note you are responsible for any damage that you or your guests cause through a wilful act or negligence.
Bags and Mobile Phones
Please place your bags and phones in the area provided. Bags can be a hazard and should not be in your training space. Mobile phones can be disruptive to others. If you are expecting an emergency or extremely important call, please leave your phone with the coach. Unfortunately, thefts can happen and we cannot accept responsibility for any loss or damage to your belongings while you are at the services, even if someone breaks in. We give lost property to charity each month, including unclaimed items.
Workout
Be prepared to give it your all. You will love the results when you do.
Courteous
We are a community, so please refrain from bad language and being disruptive. As a courtesy to other members, please use a towel when you use equipment, including exercise mats, stay within the allocating timings and put equipment away after use. Be respectful and do not behave inappropriately towards other members, guests, and our team or outside providers. Examples of inappropriate behaviour include verbal or physical intimidation; harassment; discrimination on the basis of race, sex, age or any disability another person may have.
Communication
We always enjoy face to face communication and love to see our members. You can also call Peta on 0402 025 447 or if writing please use stronghealthywomen@iinet.net.
Parking
You park in the car park at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
Guests
You can invite guests into the services for a trial. A trial must be pre-organised with a coach so that appropriate paperwork and induction can be completed prior to and during their visit. We decide on the length of the visit and trial period.
Breaking the Services Rules and Guidelines
We can refuse entry to anyone, including members, if they act unreasonably or break the guidelines. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as threatening or harassing others, damaging equipment, using illegal drugs, instructing other members when we have not authorised you to do so.
PRIVACY POLICY
Strong Healthy Women ABN 56 603 121 071 (Strong Healthy Women, we, our or us) appreciates the importance of protecting your personal information and recognises the trust placed in us when you supply your personal information to us.
Strong Healthy Women will control the collection, security, quality, use and disclosure of personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
This Privacy Policy explains in general terms how Strong Healthy Women protects the privacy of your personal information under the Australian Privacy Principles.
Understanding Our Privacy Policy
During your membership, we will have access to personal information about you, such as about your health and financial details. We will only use, disclose or deal with your information in line with our privacy policy.
Commitment to Privacy
Strong Healthy Women is committed to protecting your privacy and any personal information we collect. This policy recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Strong Healthy Women will only collect and use personal information as set out below.
For the purposes of this Privacy Policy personal information may mean some or all of the following: a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student/senior identification details, employment details, payment history and sensitive information.
Definition of Personal Information
The expression ‘personal information’ is defined in the Privacy Acts as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Collection of Personal and Sensitive Information
Strong Healthy Women will not collect or monitor any personal information about an individual without their consent.
The only personal information collected is what is provided voluntarily by a member or prospective member. We collect personal information primarily to enable us to provide members with our services.
Strong Healthy Women may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Strong Healthy Women products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Strong Healthy Women being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Strong Healthy Women. This can be done in person at one of our facilities, on line via our website or on the phone via one of our Strong Healthy Women Staff.
Sensitive information means the information a member has disclosed to us about their physical, mental health and well-being. Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Strong Healthy Women, any Strong Healthy Women group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Individual’s Right of Access
Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Strong Healthy Women database. Information may be reviewed, amended or deleted by completing the access request form at services or my phoning 7 3376 2266.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Strong Healthy Women being unable to sell products directly and provide certain services including after sales services.
HOW STRONG HEALTHY WOMEN COLLECTS PERSONAL INFORMATION
As far as possible, Strong Healthy Women will collect your personal information directly from you unless it is unreasonable or impracticable to do so. If Strong Healthy Women collects information about you from someone else, Strong Healthy Women will, whenever reasonably possible, make you aware that Strong Healthy Women has done this and circumstances of that collection.
In particular, Strong Healthy Women will collect personal information about you in the following circumstances:
Collection from Third Parties
Strong Healthy Women will collect personal information from external service provider to whom Strong Healthy Women has contracted out for specific purposes. Strong Healthy Women will also collect personal information from third parties who offer products and services to Strong Healthy Women’s members or potential members.
Collection from Use of Website
If you use our website, we may utilise ‘cookies’ and any other technologies, which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website / mobile app. A cookie or similar technology does not identify you personally but may identify your internet service provider, computer or mobile device. You can set your browser or mobile device to notify you when you receive a cookie or web beacon and this will provide you with an opportunity to either accept or reject it in each instance.
Generally, the purpose of collection and holding personal information, and the minimum information you need to provide, will be conveyed to you at the time of collection.
If we collect sensitive information about you, we will only do so with your consent, unless consent is not required by law. Sensitive information is defined in the Privacy Act and includes information about your health information.
You do not need to identify yourself when you deal with us (e.g. enquiring about membership or registration) but there are certain situations where we will only deal with individuals who identify themselves. However, if you choose not to provide the personal information requested, we may not be able to provide you with the products/services you require.
Unsolicited personal information
If we receive unsolicited personal information about you, we will, within a reasonable period after receiving the information, determine whether or not we could have collected the information under the privacy laws if we had solicited the information. If we could have collected the personal information, we will ensure that this Privacy Policy is complied with in relation to that information and will notify you that the unsolicited personal information has been collected; the circumstances of that collection; and refer you to this Privacy Policy.
If we could not have collected the personal information had we solicited it, we will destroy the information or ensure it is de-identified as soon as practicable.
Purpose of collection, storage, use and disclosure of personal information.
Using and Disclosing Personal Information
Personal Information will be used to fulfil obligations under a membership agreement, to provide services under the agreement, to provide information about products, services and special offers, to obtain opinions or comments about products and services from members, to record statistical data for marketing analysis from members and future potential members.
Strong Healthy Women may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Strong Healthy Women recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Strong Healthy Women, any Strong Healthy Women group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Contact by Strong Healthy Women
Strong Healthy Women does not send advertising information without obtaining prior consent. If an individual receives communications from Strong Healthy Women which they do not wish to receive, they may remove their name from the database by contacting Strong Healthy Women at info@stronghealthywomen.com.au
Direct marketing
We may use or disclose your personal information for the purpose of direct marketing. That is, to promote our products or services or those of third parties.
You expressly consent to the use or disclosure of your personal information for direct marketing purposes. You also expressly consent for Strong Healthy Women to disclose your personal information to our business partners or other third party providers to facilitate their sending direct marketing communications to you.
You may ask us to identify the source of the personal information that we use or disclose for direct marketing purposes. You can do this at any time by contacting us via the details set out at the end of this Privacy Policy.
If at any time you do not wish to receive any further direct marketing communications whether from us or from third parties, you can ask us not to send you any further direct marketing communications and not to disclose your personal information to third parties for that purpose. You can do this at any time by using the “unsubscribe” services included in a prominent statement in the direct marketing communications or by contacting us via the details set out at the end of this Privacy Policy.
Disclosure of Personal Information to Third Parties
In addition for the direct marketing purposes referred to above, we may disclose your personal information to third parties. This may include external service providers to whom we have contracted out functions, such as printers, mailing houses, advertising agencies, but only for the purpose of providing the service we have contracted out. Our business partners that provide products and/or services to our members, government and regulatory authorities and other organisations, as required or authorised by law, our professional advisors, our related companies, other professional bodies
In these situations, Strong Healthy Women prohibits the third party contractors from using personal information about you except for the specific purpose for which Strong Healthy Women supply it. We will not disclose your personal information to business partners as described in this section above, if you advise us that you do not wish us to. Please refer to our contact details set out below.
Other than the above, Strong Healthy Women will not disclose your personal information without your consent unless disclosure is either necessary to lessen or prevent a serious threat to the life, health or safety, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity or serious misconduct.
If you are no longer a member of ours or registered with us, we will retain and disclose your personal information for the purposes described above for a two year period before deleting or de-identifying it.
TRACKING TECHNOLOGIES
Strong Healthy Women uses tracking technologies such as cookies to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Strong Healthy Women to monitor the Strong Healthy Women website, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies, however, this may limit the services provided by Strong Healthy Women’s web site.
Storage and Security of Personal and Sensitive Information
Strong Healthy Women takes all reasonable steps to keep secure personal and sensitive information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format. These repositories are protected in controlled services. In some cases these facilities may be overseas.
Strong Healthy Women employees and contractors are obliged to respect the confidentiality of any personal and/or sensitive information held by Strong Healthy Women.
Strong Healthy Women only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de-identify personal information we no longer need, wherever possible.
Strong Healthy Women and Links to Other Web Sites
Strong Healthy Women provides links to web sites outside of the Strong Healthy Women site. These linked sites are not under the control of Strong Healthy Women, and Strong Healthy Women is not responsible for the conduct of companies linked to the Strong Healthy Women web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
PROBLEMS, QUERIES OR COMPLAINTS
For further information regarding this Privacy Policy or to make a complaint about the steps taken by Strong Healthy Women to protect your personal and sensitive information or privacy, please contact Strong Healthy Women by emailing info@stronghealthywomen.com.au.
We will investigate any complaints received in writing and do our best to resolve them as soon as possible. If you are not satisfied with the result of your complaint to us, you can refer your complaint to the Office of the Australian Information Commissioner.
Strong Healthy Women reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.
Image Use
We sometimes film or photograph the services and events so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
HOW STRONG HEALTHY WOMEN HOLDS PERSONAL INFORMATION
Data Quality
We take all reasonable precautions to ensure that personal information about you collected by us is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide.
We require that you let us know if there are any errors in your personal information; and keep us up-to-date with changes to your information.
Data security
We will take reasonable steps to ensure that your personal information is protected from misuse, loss and from unauthorised access, modification or disclosure.
If we no longer need your personal information for any purpose for which the information may be used or disclosed or required by law, we will take reasonable steps to destroy the information or ensure that the information is de-identified.
Access and correction of personal information
You can request access to, or ask us to correct, personal information about you that we hold by making a request in writing to Strong Healthy Women. We will respond to your request within a reasonable period after the request is made.
Resolving Your Concerns
If you wish to seek correction to your personal information, have complaints about a breach of the Australian Privacy Principles (APP) or a registered APP code (if any) that binds Strong Healthy Women , or you have any questions or concerns on how your personal information is handled, please address the issues in writing via email to Manager, stronghealthywomen@iinet.net.au.
Strong Healthy Women will respond to your request, complaint or inquiry within a reasonable period.
Changes to our Privacy Policy
Strong Healthy Women may amend this Privacy Policy as our business requirements or the law changes.
For more information about privacy issues in Australia and protecting your privacy, visit the Office of Australian Information Commissioner’s website on www.privacy.gov.au
EXTERNAL SERVICE PROVIDERS
Payment of Services
You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
External Service Claims
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence. If you make a claim because of something a service provider has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a service provider.
Help
Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our services have up-to-date qualifications and insurance. Currently we only allow personal trainers from Strong Healthy Women to work in our services.
GST
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.
Which laws apply?
Meeting state laws
Your agreement is subject to Australian law and is governed by the state laws where your services is located. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue Under the Competition and Consumer Act 2010, we guarantee that our health and fitness services are provided with due care and skill , fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve, supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions.
This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose. This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
DEFINITIONS
Word Meaning
Strong Healthy Women
We, Us, Our Strong Healthy Women
SHW
We, Us, Our Strong Healthy Women
BLJ
Better Lifestyle Journey
28DT
28 Day Transformation
You, Your
A member of Strong Healthy Women
The Club/Services
The Strong Healthy Women services where your membership is held.
A Strong Healthy Women Membership Application and Agreement
Membership Application and Agreement
This is between Strong Healthy Women and you, under which you will become a member of Strong Healthy Women.
Minimum Term
The term specified in the Membership application and agreement form.
Code
Code for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in services signs and handouts.
