Terms & Conditions
Welcome to New Warrior. These Terms and Conditions apply whenever you access our website, regardless of how or where you access to the website.
Access to the New Warrior website and the purchase of any Services from New Warrior are conditional upon your reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of New Warrior.
TERMS OF USE
DEFINED TERMS
You: “You” or “Your” means the person using Our Website.
Your Account: “Account”, “Your Account”, or “Account Area” means the password protected area of this website that lets You manage Your personal details and Our Services.
Us: “Us”, “New Warrior” New Warrior”, “https://www. NewWarrior.com.au/”, “We” or “Our” means New Warrior Pty Ltd or any of its subsidiary companies.
Student: “Student” refers to a person whose details are used to register and purchase a Service through https://www.NewWarrior.com.au
Our Services: “Our Service”, “The Service” means the fitness Class or Personal Training Session that the student will attend and participate.
Our Website: “Our Website”, ” New Warrior Website” or “www.NewWarrior.com.au” means www.newwarrior.com.au.
Terms: “The Terms of Use”, “These Terms of Use”, “The Terms”, or “These Terms” refers to the Terms and Conditions outlined in this document.
Customer: “The Customer”, or “Customer” refers to an individual who has purchased a Service from Us.
PRIVACY
We work hard to make sure that any personal information You share with Us remains private. For full details of how We respect your personal information, read our privacy policy.
LICENCE AND WEBSITE ACCESS
New Warrior grants You a limited license to access and make personal use of Our Website. You are not permitted to use Our Website for commercial purposes without written permission from Us. You are not permitted to take, or copy text, images, logos, videos, code, or data from Our Website without written permission from Us.
We also do not permit reproduction, or embedding Our Website, text, images, logos, videos, code or data into other websites or applications without Our written permission.
We definitely do not permit the use of Our Website for committing crimes, including fraud.
We reserve the right to deny permission to access Our Website at any time.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Our Website so long as the link does not portray New Warrior, its affiliates, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any New Warrior logo or other proprietary graphic or trademark as part of the link without express written permission from Us.
COPYRIGHT
All content on Our Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of New Warrior or its content suppliers, and is protected by Australian and international copyright and trademark laws.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website is provided by New Warrior on an “as is” and “as available” basis. New Warrior makes no representations or warranties of any kind, express or implied, as to the operation of Our Website. You expressly agree that Your use of Our Website is at Your sole risk. To the full extent permissible by applicable law, New Warrior disclaims all warranties. New Warrior does not warrant that Our Website, its servers, or e-mail sent from New Warrior are free of error, viruses or other harmful components. New Warrior will not be liable for any damages of any kind arising from the use of Our Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
To the extent that liability cannot be excluded, the liability of New Warrior, its directors, officers, and employees is limited to the cost of the Service New Warrior provides to The Customer.
To the greatest extent possible by law, The Customer must indemnify and hold harmless New Warrior, its officers, employees, agents and related companies (Indemnified Persons) against all liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Persons in connection with the provision of all New Warrior Services, except the liability arising from the negligence or default of any of the Indemnified Persons.
TERMS OF SERVICE
COMMUNICATIONS
When You visit Our Website, send e-mails to Us or communicate via Your Account, You consent to communicating with Us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing. We will communicate with You by e-mail, SMS, sending a message through Your Account, or by posting notices on Our Website and social media channels. New Warrior reserves the right not to respond to any query, which is not sent through Your Account. You can elect to discontinue all future correspondence from New Warrior at any time by requesting Us to close and remove Your Account. New Warrior will not be responsible for any loss of data or resulting from You selecting to close or remove Your Account.
YOUR ACCOUNT
If You use Our Website, You are responsible for maintaining the confidentiality of Your Account and password, and for restricting access to Your devices. You agree to accept responsibility for all activities that occur under Your Account. To protect your personal details, we recommend that You do not disclose your password to anyone, including family members and friends.
New Warrior will not be held responsible for any access gained by third parties to your personal Profile, whether the login details were provided by You or were otherwise obtained.
INFORMATION PROVIDED BY YOU
You are responsible for verifying that the information You provide to us for your Services.
PROVISION OF SERVICE
Upon creating Your Account, You are able to purchase a Service offered by Us. Upon payment, You will be able to participate in our Services.
Once Your purchase has been submitted, New Warrior will notify You via Your Account when We have received your payment and to confirm your booked Service with Us.
Our Service is deemed ‘complete’ when You finish participating in your booked Service.
TYPES OF SERVICES
New Warrior offers a simple service enabling Customers to participate in a fitness Service or personal training session.
FEES PAYABLE
Any fees paid to New Warrior are for the provision of the Services listed on Our Website. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with Our Services using one of Our accepted payment methods.
You agree that all service fees are deemed earned once paid and subject to the terms of termination outlined in These Terms.
REFUND POLICY:
You may be entitled to a refund if:
The Service was not delivered, if the Service was cancelled, or if the Trainer canceled the personal training session.
The Service was provided, but not of a high standard.
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for Your payment. If this card is no longer valid, You will be responsible to make arrangements with Your bank or credit provider to have the funds transferred.
TERMINATION OF SERVICE
New Warrior reserves the right to terminate this agreement for any reason, including any improper use of Our Website; the provision of false or misleading information; or Your failure to comply with These Terms.
What are the terms for customers on membership and PT sessions? What is needed for them to terminate?
INTERNAL COMPLAINTS PROCEDURE
New Warrior is committed to providing Customers with the highest standard of service. Our complaint handling process is designed to ensure that Customers’ concerns are treated seriously and addressed promptly and fairly.
All complaints must be submitted in writing through Your Account. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, a detailed review will be conducted and a response provided to You within 7 days. All Customers will receive written notification of any investigation undertaken and the resolution achieved.
Our commitment to Our Customers is genuine.
PRIVACY AND RELEASE OF INFORMATION
New Warrior is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, New Warrior takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by New Warrior from misuse and loss and from unauthorised access, modification or disclosure.
New Warrior may use and disclose The Customer’s personal information for the primary purpose for which it is collected.
In general, New Warrior will disclose The Customer’s personal information for the following purposes:
– to conduct Our business;
– to provide and market Our services;
– to communicate with The Customer;
– to comply with Our legal obligations; and
– to help Us manage and improve Our services.
Subject to the exceptions set out in the Privacy Act, The Customer may gain access to the personal information which New Warrior holds about them by sending a message via Their Account. A fee may be charged for providing access to such information, and New Warrior will advise The Customer of the likely cost in advance.
Due to privacy laws, We are unable to discuss Your personal details with any third party enquiring on your behalf (including family) unless You provide your written consent authorising Us to do so.
Please review Our Privacy Policy, which also governs your visit to New Warrior, to understand Our practices.
GOVERNING LAW
The Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with These Terms of Use.
GENERAL
No person has been authorised to give any representations on behalf of New Warrior in regards to the subject matter or The Terms within These Terms of Use.
Headings in These Terms are for convenience only and do not affect the interpretation of These Terms.
New Warrior may vary any of These Terms and any other information relating to The Service at any time, and your subsequent use of Our Website will be governed by the varied Terms.
In the event that any of the provisions of These Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
LINKS
Our Website contains links to other sites. Please be aware that We are not responsible for the accuracy or the privacy practices of other such sites. We encourage You to be aware that when You leave Our Website, You should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on Our Website.