These terms and conditions (the “Terms and Conditions”) govern the use of www.energym.com.au (the “Site”). This Site is owned and operated by Energym P/L. This Site is a gym. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Energym p/l and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: Martial Arts equipment, Gym Access , Health Services and Martial Arts Classes.
The following services are available on our Site:
Gym Access and personal training; Martial Arts Classes; and Nutritional Coaching. The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible.
However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: Completion of minimum term . 30 days written notice. Free Trial We offer the following free trial of our goods and services: one free class or workout. No trial available for Nutritional Coaching. At the end of your free trial, the following will occur: Clients have the option of joining the gym or taking a Martial Arts Membership.
Payments
We accept the following payment methods on our Site:
Credit Card; Debit; Direct Debit; and Cash.
you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard Delivery by post, Delivery takes 5-7 business days. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase.
Website Terms and Conditions: You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. Refunds Refunds for Goods Refund requests must be made within 30 days after receipt of your goods. We accept refund requests for goods sold on our Site for any of the following reasons:
Good is broken; or Good is the wrong size. Refunds for Services All services sold on our Site are non-refundable.
Returns
Returns can be made in person at the following location(s):23-25 Overton Rd Frankston. Returns can be made by mail. Consumer Protection Law Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. Limitation of Liability Energym p/l and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless Energym p/l and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. Applicable Law These Terms and Conditions are governed by the laws of the State of Victoria.
Website Terms and Conditions Page 4 of 4 ©2002-2021 LawDepot.com® Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. Contact Details Please contact us if you have any questions or concerns. Our contact details are shown at the footer of this page. Effective Date: 29th day of November, 2021
