Gymify Pty Ltd ABN 88 692 493 931 (we, us and our) of Shepparton, Australia, 171 Corio street, Shepparton VIC 3630, or our licensors, own and operate the fitness membership website and mobile application (including any associated application software, products, services or features) known as “Gymify”. Gymify is accessible at [https://gymify.com.au/] and as an app for download on mobiles from the Apple AppStore, Google PlayStore.
By downloading, using or otherwise accessing Gymify, you agree to these terms of use, which form a binding agreement between you and us. We may amend these terms of use at any time with notice to you via Gymify and your continued use of Gymify will be evidence of your acceptance of such changes.
Using Gymify
In consideration for your subscription to Gymify, we grant you a limited, non-sublicensable, non-transferrable, non-exclusive, worldwide, royalty free, revokable licence to install, access or otherwise use Gymify in accordance with these terms of use.
In order to access and use Gymify, you may be required to provide Gymify with permission to use various services and features of your mobile device to function correctly. If you do not grant Gymify permission to use the services required for it to function correctly, you may not be able to use any or all of Gymify’s features.
You agree to use Gymify solely for the purposes as permitted under these terms of use and any applicable law or regulations. You must take your own reasonable precautions to ensure your use of Gymify does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer systems. We will not be responsible for any interference or damage to your own computer systems or data that arises in connection with your use of Gymify.
Subscription & Payments
Recovery of Outstanding Amounts, Collection Costs and Interest
We reserve the right to recover from you any outstanding amounts owed in relation to your subscription or use of Gymify. In addition, to the maximum extent permitted by law, you agree that we may also recover from you any reasonable collection costs (including, but not limited to, legal fees, administrative fees, and third-party debt collection agency charges) incurred by us as a result of your non-payment. Furthermore, we reserve the right to charge interest on any overdue amounts at a rate not exceeding the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or such other rate as permitted by law, calculated daily from the date the amount became due until paid in full. You agree to pay all such amounts upon demand.
Restrictions
You must not:
Participating Fitness Centre Requirements
By using your Gymify subscription to access any participating fitness centre (Gym), you acknowledge and agree that you must comply with all terms, conditions, policies, and rules of each Gym as a condition of entry and ongoing use of their services and facilities. This may include, but is not limited to, compliance with health and safety protocols, completion of induction procedures, and provision of any personal or health information as required by each Gym.
You are solely responsible for providing, to each Gym, all information they may reasonably request in order to facilitate your access to their premises and services, including information relating to your identity, emergency contacts, and (if required) health, fitness, or other relevant information necessary to administer inductions, fitness assessments, or risk management procedures in accordance with best practice or legal requirements.
You acknowledge and agree that Gymify does not collect, store, or process any individual health information or other personal information provided directly by you to any Gym. All such information is collected and managed solely by the relevant Gym in accordance with their own privacy and data management policies. Gymify bears no responsibility or liability for the handling of your personal information by any Gym.
If you breach the terms and conditions, policies, or rules of any Gym accessed, and as a result you are denied access to any facilities or services, we will have no liability whatsoever for any loss or inconvenience incurred. In such circumstances, you will not be entitled to any refund, credit, or compensation in respect of your Gymify subscription fees. It is your responsibility to comply at all times with the terms set by each Gym you access through Gymify.
Role of Gymify
Gymify is a technology platform facilitating access to Gyms We do not own, operate, control, or take responsibility for any Gym, its premises, or staff. Any contract for the use of facilities and services is strictly between you and the relevant Gym; Gymify is not a party and is not liable for your relationship with, or activities at, any Gym.
Our Rights
We reserve the right to remove any content or functionality from Gymify for any reason. We may, at any time and for any reason (acting reasonably), deny you future access to Gymify or impose conditions on your access.
We use all reasonable endeavours to ensure that Gymify is accessible 24 hours per day, 7 days per week, but there will be times when access may be suspended in order to perform necessary maintenance, updates, or upgrades, or otherwise for reasons out of our control. You acknowledge and agree that circumstances may arise which require us to suspend or terminate access to Gymify. We will use reasonable endeavours to provide you with notice of any such suspension or termination.
Gymify Content
Unless otherwise identified, all Gymify Content, including the intellectual property rights subsisting in such Gymify Content and any modifications, developments or improvements to such intellectual property rights, is our property or the property of our licensors. We grant you a limited, non-sublicensable, non-transferrable, non-exclusive, worldwide, royalty free, revokable licence, to use and display such Gymify Content to the extent strictly necessary to use and access Gymify in accordance with these terms of use.
No part or portion of the Gymify Content may be sold, modified, reproduced, transmitted, distributed or used in any manner except as provided in these terms of use or with our prior written consent.
User Content
When using Gymify, you may also provide content to us, or otherwise generate content, which is transmitted to our servers (User Content). You grant to us a non-exclusive, perpetual, transferrable, sub-licensable, royalty-free, non-revocable, worldwide licence to copy, modify, display, publish, create derivative works from, distribute and otherwise use the User Content to provide Gymify and any associated services to you, and otherwise to enable us to develop and improve Gymify and for our general business purposes.
You indemnify us and shall keep us indemnified from and against all losses, costs, damages or penalties arising out of or in connection with any claim or allegation that the User Content infringes any third party’s intellectual property rights or any applicable laws or regulations.
Third Party Content
Gymify may provide third party content, or links to other websites for your convenience or to refer you to third party suppliers. We are not responsible for any third party content, including the contents (including the accuracy, legality or decency) of any linked site, or page, or for its security or privacy measures. You must make your own enquires as to the suitability of the content of linked sites and the goods and services available from them.
Privacy & Security
We will treat all personal information provided to us by you in connection with your access to and use of Gymify in accordance with the Privacy Act 1988 (Cth) and all other applicable legislation relating to the use of personal data, in accordance with our Privacy Policy located at [link to privacy policy]. If you are providing us with the personal information of any third party, you warrant that any personal information provided to us by you (via Gymify or otherwise) has been collected and shared by you in accordance with all applicable laws and you continually indemnify us for and against any loss, damage or claim suffered by us in connection with any breach by you of this warranty.
You are responsible for keeping any password required to access your Gymify account secure and must not disclose it to any third party. You agree to notify us immediately of any actual or suspected unauthorised use of your Gymify account.
Location Data
We rely on location information in order to make location specific content available on Gymify. By using Gymify you agree that, where available, we may transmit, collect, maintain, process and use your location data, and share your location data with third parties in order to provide you with access to Gymify. The availability and accuracy of location information is subject to limitations arising due to the availability of signals, the particular device used, location and geography.
Electronic Communication
We will send you notices and other correspondence through Gymify or in accordance with the contact details that you have provided to us. It is your responsibility to update your contact details as and when they change in Gymify.
Promotions & Giveaways
We may offer monthly giveaways and other promotions for to you depending on your subscription level. Each promotion may be subject to additional terms, available at the time. All promotions comply with Australian trade promotion requirements.
Liability
We do not provide any warranties or guarantees in relation to Gymify or other products or services except to the extent that Australian Consumer Law applies to your use and access of Gymify. To the extent permitted by law, we exclude all liability for any direct or indirect injury, loss, claim, or damage under the law of contract, tort or otherwise, including loss of property, loss of business, loss of internet connection, loss of profit, loss, or corruption of data and loss of use, whether foreseeable or not, that arises out of, or in connection with, your use of or access to Gymify. To the extent permitted by law, our total aggregate liability is limited to the greater of: (a) the total subscription fees paid by you in the previous 12 months, or (b) $1,000. Nothing limits or excludes rights under the Australian Consumer Law or liability that cannot be limited by law.
Injury & Risk
By using Gymify or attending a Gym, you acknowledge that fitness activities carry risks including injury or death, and you voluntarily accept all such risks. To the fullest extent permitted by law, we exclude liability for any injury or loss suffered by you at a Gym, including from acts or omissions of Gym staff or members.
Governing Law
These terms of use are governed by and must be construed in accordance with the laws of Victoria, Australia. Each party hereby submits to the non-exclusive jurisdiction of the courts of Victoria in respect of all matters or things arising in relation to these terms of use.
General
If any part of these terms of use are determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these terms of use shall continue in full force and effect. Failure to enforce any right under these terms of use will not be construed as a waiver of that right or any other right under these terms of use. This document constitutes the entire agreement between you and us in regard to your use of Gymify and its terms may not be varied without our written consent.
Contact Us
If you have any feedback, questions or comments you can contact us at admin@gymify.com.au
Copyright © 2026 GYMIFY - All Rights Reserved.
Gymify Pty Ltd / ABN: 88 692 493 931 / 171 corio street, Shepparton VIC 3630, Australia
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