Terms and Conditions
- These terms and conditions that govern how users use the First Light Active website and any sub-domains.
- You agree to be bound by these terms when you conduct transactions through the website, such as browsing the website for information, registering for membership or communicating through the website.
- First Light Active may from time to time review and update these terms including to take account of new laws, regulations, products or technology.
Registering for Membership
- When you register for membership you will be asked to provide your personal details.
- By registering, you warrant that you are at least 18 years of age and possess the legal authority to enter into and use the website in accordance with these terms. You agree to be financially responsible for all of your use of the website.
- You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
- By entering your payment details on the website when registering for a membership you are making an offer and commitment to purchase products or services in accordance with these terms.
- Notwithstanding anything to the contrary, First Light Active may at any time following receipt of membership request accept, decline or limit your membership request for any reason whether or not your payment has been received or not. If payment has been received, a refund will be issued.
- When First Light Active accepts your membership request, you will have entered into a legally binding contact with First Light Active, the terms of which will be set out in your membership agreement.
Pricing and Payments
- All currency references and transactions are processed in Australian Dollars.
- Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods and services.
- Payment for products and services can be made in person at our premises or via our online payment system.
- We accept VISA and MasterCard credit and debit cards or cash payment (in person only).
- We only accept credit cards issued in Australia. The credit card holder must be the billing recipient.
- If we are unable to successfully process your credit card for your membership request, we may cancel your request.
- You must not pay, or attempt to pay, through any fraudulent or unlawful means.
- You understand that the availability of various services and products may change from time to time, including pricing and program formats.
- The website is owned and operated by or on behalf of First Light Active.
- Content is for general information and promotional purposes only.
- First Light Active does not warrant or make any representations as to any third party products or services described or referred to on the website.
- Any use of First Light Active content by another person or organisation is at your own risk.
- Website content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties.
- Inclusion of First Light Active content on the website is not an endorsement of any organisation, products, service or advice.
- All intellectual property rights, including copyright, in the website and First Light Active content are owned or licensed by First Light Active.
- You must not copy, modify or transmit any part of the website or content.
- The website contains trade marks, logos and trade names of First Light Active or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the website.
- First Light Active grants you a non-exclusive and non-transferable licence to use the website for your own personal use. It must not be used for commercial exploitation.
- If you have a complaint regarding any First Light Active content, provide the complaint in writing. First Light Active will review it and if it sees fit, in its sole discretion, modify or remove particular content.
No Provision of Medical Advice
- Although you don’t need a high level of fitness to participate in First Light Active programs or attend the gym, to make the most of your time with us you should first seek medical advice prior to commencing any physical activity.
- You should also seek medical advice should there be any changes to your health or physical ability during your time with First Light Active.
- If you are pregnant, have an ongoing physical condition, suffer from long term illness, have an eating disorder, diabetes, blood pressure or cholesterol issues recovering from an illness or injury, are elderly or have a very low or very high body mass index, please seek professional medical advice prior to commencing any First Light Active program or personal workouts within our facilities.
- First Light Active programs are not a substitute or replacement for professional medical advice, diagnosis or treatment. You should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the website.
- Your access or use of the website, First Light Active content or services made available through the website does not create between you and First Light Active a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.
- Experiences shared by members and participants as testimonials on the websites are the thoughts and feelings of these individuals and your individual experiences or results may vary depending on unique circumstances.
Links and Advertisements
- The website may contain links to other websites. We have not reviewed all of the third party websites linked on the website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements).
Access and Communication
- First Light Active does not warrant that you will have continuous access to the website.
- First Light Active will not be liable if the website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
- First Light Active does guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
- Whilst First Light Active takes reasonable precautions to protect information transmitted via the website, First Light Active cannot and does not guarantee the security or confidentiality of these communications or the security of the website.
- First Light Active does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Warranties, Consumer Guarantees and Limitation of Liability
- Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
- Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
- Except as required by the ACL, the liability of First Light Active for a breach of a non-excludable guarantee is limited, at First Light Active’s option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Subject to your rights under the ACL, First Light Active will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the website, the First Light Active content, all links to or from the website or the goods and services advertised or referred to on the website.
- Your rights under the ACL, the maximum aggregate liability of First Light Active for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
Jurisdiction and Law
- These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia.
- You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
- We make no representation or warranty that any competition, offering or content accessible through the website is appropriate or available for use in locations outside Australia. If you choose to access the website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the website from any location where doing so would be illegal.
- Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.
- If you have questions about the website or these terms, please contact us by clicking on the “Contact Us” button at the top of any page on the website, and following the instructions from there or by emailing email@example.com.