Website Terms and Conditions

BTC Fitness Website Specific Terms and Conditions.

Effective date: 31st January 2025.

  1. In no event shall BTC Fitness, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
    1.  Your access to or use of or inability to access or use the Service.
    2. Any conduct or content of any third party on the Service.
    3. Any content obtained from the Service; and
    4. Unauthorized access, use, or alteration of your transmissions or content.
  1. Intellectual Property
    1. The Service and its original content, features, and functionality are and will remain the exclusive property of BTC Fitness and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.
    2. BTC Fitness and its licensors own the intellectual property rights (including copyright and trademarks) in respect of this Website and its contents. You must not copy, modify, transmit or adapt this Website or its contents or otherwise infringe the intellectual property rights of BTC Fitness or its licensors without BTC Fitness prior written consent.
    3. If you post any content on this Website, you grant BTC Fitness a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on this Website and that it does not infringe any third party’s intellectual property rights.
  1. Your use of our website
    1. You must not:
      1. use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person.
      2. disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website; or
      3. restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.
      4. You acknowledge and agree that your account registration or your acceptance of these terms & conditions does not provide you with access to products and services provided at or through any physical BTC Fitness club located worldwide.
  1. Fees and payment
    1. There are no fees to access the free portion of the Website.
  1. Privacy
    1. All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by BTC Fitness according to the terms of its Privacy Policy, a copy of which is available on this Website. You consent to BTC Fitness dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.
    2. Your personal information may be transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia; and disclosed to and used by BTC Fitness clubs, including overseas clubs, for the purpose of providing services to you. You consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to clubs inside and outside Australia. You can access our privacy policy at https://btcfitness.com.au/privacy-policy/
    3. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
    4. You understand that photos, films, videos or audio recordings may be taken of subscribers for promotional purposes. Your permission will first be obtained if this is done.
  1. Links
    1. This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of BTC Fitness. BTC Fitness is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.
  1. Cookies
    1. During your use of this Website, BTC Fitness may issue and request cookies to and from your computer or mobile device. By using this Website you authorise BTC Fitness to issue and request such cookies.
  1. Warranties and limitations
    1. To the extent permitted by law:
      1. all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed.
      2. BTC Fitness does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded.
      3. BTC Fitness does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material.
      4. BTC Fitness does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;
      5. BTC Fitness does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and this Website and its contents are provided on an “as is” basis without any warranties of any kind. BTC Fitness may change this Website or limit or terminate your access to this Website at any time without notice.
      6. Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If BTC Fitness breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if BTC Fitness is allowed to limit its liability for that breach under the relevant law, BTC Fitness’ liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at BTC Fitness’ option).
      7. BTC Fitness makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
  1. Limitation of liability
    1. To the extent permitted by law and without limiting any non-excludable consumer rights you may have, BTC Fitness and its affiliates will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.
    2. You will hold BTC Fitness and its affiliated companies harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.
  1. Inconsistency
    1. In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.
  1. Force Majeure
    1. BTC fitness and their affiliates will not be responsible for any delay in performing their obligations under these terms & conditions due to causes beyond their reasonable control.
  1. Termination
    1. You may terminate your free account at any time.
  1. Applicable law
    1. By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of Queensland and under the exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.

BTC Fitness acknowledges the Traditional Owners of the lands across Australia as the continuing custodians of Country and Culture. We pay our respect to First Nations peoples and their Elders, past and present.