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Terms & Conditions
SPRINNT PTY LTD ACN 166131835 - Internet Terms and Conditions
1. Welcome to Sprinnt
Please read carefully these terms and conditions of use. These terms and conditions of use govern the relationship between you and Sprinnt not only with respect to the use of this website but also with respect to any and all services we offer to you on line and in store.
If you proceed to use our website to register for classes, receive further information or acquire goods or services from us, you will be deemed to have read, understood and accepted these terms and conditions of use.
2. Who are we?
Sprinnt is a dedicated Indoor Cycling studios brand that brings every aspect of Indoor Cycling to its best. Reference to we or us means reference to Sprinnt and any of its subsidiaries and or authorised assigned and or agents. Reference to you and or yours means reference to the user who accesses our website and or subscribe to use any of our services.
3. Information is of general nature
Information provided on the website is of general use only and is not an advice in relation to health issues. Even if we provide health tips and or suggestions, these are of general use and information only. When providing information on the website, we do not take into account the individual needs and requirements of each reader. You must consult your doctor before making any decision concerning your health and or taking or subscribing to any services we offer.
While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information we provide. Any reliance by you on the information we provide is at your own risk and you expressly release us from any liability whatsoever and howsoever incurred as a consequence of your reliance on any information we provide.
4. Services and Liability
We may provide you with a number of services including;
a. member subscription which will entitle you to certain benefits, exclusive offers and information;
b. the ability to purchase goods from our website;
c. the ability to register (seasonal registration or one off) to any classes using the registration form on our website;
d. the ability to purchase booklets/packages for any of our classes.
You declare to us every time you commence or participate in any physical activity we conduct in particular indoor cycling classes that you do not have any physical limitations, medical limitations, physical or mental disabilities that would risk, limit or prevent you from participating in the physical activity. You must consult your doctor before making any decision concerning your health and or taking or subscribing to any services we offer. For any doubt, you must consult with your medical doctor regarding any individual circumstances, personal and or health related matters; and
You hereby declare that you are over 18 years of age and agree that if you are not then you must produce a letter of permission from your parent or legal guardian before commencing classes.
You confirm that you understand the risks and that you are healthy to participate in a fitness activity. We will rely on the information you provide without verification.
We will not inquire into your medical condition and fitness level. We cannot individually assess the fitness level of each participant in group classes and take into account individual circumstances and individual health consideration. We rely solely on your declaration above and your responsibility to ensure that your health condition suitable for our fitness classes and that you are not suffering from any medical condition that will prevent or risk you from participating in our fitness classes.
In the event of doubt in relation to your health, we urge you to discuss your medical condition with your doctor and in relation to your fitness level, consult with your fitness instructor.
Your instructor will lead the class through various degrees of difficulties from light to moderate, vigorous and high. You must continually assess whether your fitness matches the demand of the class. In case of doubt, you must pull back and perform a level of intensity that suits your fitness level.
Sprinnt shall not be liable to you or any other person including your heirs, assigns and next of kin and you expressly and irrevocably release Sprinnt from any liability howsoever and whatsoever incurred in relation to injury, physical or mentally conditions, loss or death you sustained or suffered when or after participating in a physical activity organised by Sprinnt.
The release of liability stated above shall not be dependent on whether we were negligent in delivering any physical activity and or whether we were made aware of any precondition you may suffer prior you participated in the physical activity.
If you wish to acquire any service from us or participate in any physical activity (indoor cycling classes or otherwise) as we offer from time to time, you will have to create an account and agree that you have read, understood and consent to these terms and conditions. You must complete the sign in registration truthfully. We will rely, without verifications, on the information you provide us.
Australian Consumer Laws (schedule 2 of the Competition and Consumer Act 2010):
The exclusion of liability in these terms and conditions of use is subject to any limitation imposed under the Australian Consumer Laws. In the event of inconsistency between these terms and conditions and the Australian Consumer Law, the Australian consumer Laws shall prevail to the extent of the inconsistency only.
We undertake to provide you with any services with due care and skill and that all products fit for their purpose.
To the extent we are able to under the Australian Consumer Law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the services and or products we may provide to you. In particular, we exclude any and all liability for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) however such loss, damage or liability arises or might arise if it were not for this clause, even if we have been advised of the possibility of damages. This exclusion does not apply to anything the law prohibits us excluding liability for.
To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
We have no liability whatsoever for any losses and or damage incurred or suffered by you for any delay or failure to provide services and or products if the failure or delays is because of an event beyond our reasonable control.
Except as otherwise provided in these terms and conditions or excluded by law, you indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of this website and for your use of any services we offer.
The obligations under this clause will survive termination of these terms and conditions.
5. Amending these terms and conditions
These terms and conditions of use may be amended by us from time to time and at any time. If we amend the terms and conditions of use, we will update them on our website. You should review the terms and conditions from time to time to refresh your knowledge of your rights and obligations under these terms. Your continued use of our website and or continued use of our services is an irrevocable indication of your acceptance of these terms and conditions of use, as amended.
6. Intellectual Property
We own any and all intellectual property in the information, graphics and any work displayed on the website. In this context, intellectual property shall mean copyright materials, content, graphics, photos, trademarks, symbols and designs.
You agree not to take any step that is inconsistent with our interest and ownership of the intellectual property. You agree not to copy any materials or information from the website as it is protected by copyright laws.
This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
7. Services and Cancellation/Refund Policy
If you booked any services or you agreed to acquire any product from us, the cancellation of any booking or the acquisition of the product will be governed by our purchase policy in the website.
8. Dispute Resolution
You agree not to commence any formal dispute resolution process including litigation unless you comply with this provision. If you have a dispute or concern about our activity, we urge you to raise the dispute or concern with us directly. We will endeavour to resolve your concern within 14 calendar days from the date you raise the matter with us. If we require more time to resolve the matter, we will advise you of the required time. If we are unable to resolve your dispute you may commence a formal dispute resolution process.
9. Notices
A notice, consent or other communication under this document is only effective if it is in writing, signed and either left at our premises or sent to either party’s postal address. Notice is deems to be received, if it is sent by mail, 1 Business Day after it is posted. If it is sent by fax e-mail, it is taken to have been received when the addressee actually receives it and during normal business hours. If received after 5pm (Melbourne time), the fax e?mail will be deemed to have been received on the following Business Day.
10. Governing law
These terms and conditions and any service we provide to you is governed by the law in force in Victoria. We submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and any court that may hear appeals from any of those courts, for any proceedings in connection with these terms and conditions and any services or products we supply to you and waives any right it might have to claim that those courts are an inconvenient forum.
11. Waiver of rights
A right we may exercise may only be waived in writing, signed by us and no other conduct (including a failure to exercise, or delay in exercising, the right) operates as a waiver of our right or otherwise prevents us from exercising the right at a later time.
A waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again and the exercise of a right does not prevent any further exercise of that right or of any other right.
12. Operation of this document
These terms and conditions, the Registration and Release Form and the Account Opening Terms and Conditions contain the entire agreement between us in relation to the provisions of services to you and supersede any previous discussions or arrangements in relation to the same subject matter. Any provision of these or any other terms and conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the terms enforceable, unless this would materially change the intended effect of the terms.
13. Privacy
Our Commitment to Protect Your Privacy
We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed under the law. It is important to us that you are confident that any information we hold about you will be treated in a way which ensures protection of that information.
Our commitment in respect of your information is to abide by the Australian Privacy Principles, as set out in the Privacy Act 1988 (Cth) and other relevant law.
Personal Information
When we refer to personal information we mean information from which your identity is reasonably apparent. This information may include information or an opinion about you.
Why we Collect Your Personal Information
We collect personal information for the purposes of assessing your application for membership and to manage the relationship between us. We may also collect your personal information for the purposes of direct marketing. From time to time we may offer you other products and services.
To enable us to deliver the services we have undertaken to provide to you, we may disclose your personal information to other organisations that provide products or services used by us as is necessary and relevant to our services.
We will always endeavour to collect personal information from you personally.
Do we disclose your personal information?
We may disclose your personal information;
a. to other organisations that are involved in managing or assisting us in managing the relationship with you,
b. as authorised by you; or
c. as required by law.
Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:
a. the person or organisation has a commitment to protecting your personal information at least equal to our commitment, or
b. you have consented to us making the disclosure.
We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside Australia. We may disclose your personal information to overseas entities that provide support functions to us. You may obtain more information about these entities by contacting us.
Unless authorised by you and or disclosed under the policy section of these terms and conditions of use, we will not use or disclose your personal information for any other purpose and to any other person.
Direct Marketing
From time to time we may use your personal information to provide you with information about additional products and or services we offer or third party alliances we have offer to our members.
If you do not wish to receive marketing information, you may at any time decline to receive such information by emailing us at admin@sprinnt.com.au If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
Updating Your Personal Information
It is important to us that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we may ask you to inform us if any of your personal information has changed. If you wish to make any changes to your personal information, please contact us. We will generally rely on you to ensure the information we hold about you is accurate or complete.
Access and Correction to Your Personal Information
We will provide you with access to the personal information we hold about you. You may request access to any of the personal information we hold about you at any time.
If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the information
Websites and Links to Other Websites
When you use our website, we may collect statistical data in relation to your use of the site. This date includes the time and date of the visit to the site, the nature of the inquiry and any documents loaded. We may record your browser type and other internet protocols as permitted.
If you disclosed any Personal Information on the site, the information will be governed under this privacy section of the terms and conditions. The use of public internet public access to our website is not without risk. If you transmit Persona Information via the internet you should ensure that the transmission is secured.
Cookies
If you access our website, we may use Cookies for security and in order to better provide you with services. A “Cookie” is a small text file which is placed on your internet browser. We have access to the Cookie and can derive information in regards to the use of the site. You may change the settings on your browser to reject Cookies, however doing so might prevent you from accessing the secured pages on our website.
Sprinnt Live Terms of Service
The following terms and conditions shall apply to the Sprinnt Live Service including the hire of the equipment as part of the Sprinnt Live Service (hereinafter called the “equipment” or “bike”), owned by Sprinnt and agreed by Sprinnt to be hired to the hirer named in this document (hereinafter called “the member” or “members”).
1. The Sprinnt Live Terms and Conditions are an integral part of the Sprinnt Terms and Conditions, any clause in the Sprinnt Terms and Conditions that is relevant to Sprinnt Live applies to Sprinnt Live and vice versa. The Sprinnt Live Terms and Conditions are to be read in conjunction with the Sprinnt Terms and Conditions.
2. Prior to accepting any Sprinnt Live Membership, Sprinnt may at its complete discretion request references, proof of identity and proof of residence of a member. The member expressly acknowledges and agrees to such requests and checks being made by Sprinnt.
3. The Sprinnt Live Membership comes into effect once a member starts their Sprinnt Live Membership by purchasing the first instalment of their Sprinnt Live Membership and pays the security deposit as defined by Sprinnt for the equipment.
4. Sprinnt Live Membership terms, charges and cancellation policy are as communicated via various Sprinnt media communication (such as email, SMS, website).
5. Early Termination prior to the end period for any reason, full payment of the remaining membership period will be paid by the member in advance.
6. It is very important to us that your Sprinnt Live experience is safe and that our bikes are kept in good condition in order to maintain continuity of the Sprinnt Live experience. So, please follow these terms and conditions so that can happen.
7. Riding on the bike is recommended for the Sprinnt Live classes as it is the most effective, motivating and safe way to utilise the bike.
8. Only people with a Sprinnt Live Membership are permitted to use the bike.
9. Use of equipment is for domestic indoor use only and must always be stored indoors. Please do not move the bike from the position it was placed in during the initial set-up with the Sprinnt team as this could damage the bike and cause it to lose balance if the surface is uneven or cause other safety issues. If the bike needs to be moved, please contact Sprinnt.
10. Ensure that you are positioned so that you can comfortably see the screen you would like to view the live stream on.
11. You must follow the class start and end times and all other instructions and guidelines during the class. Listen to and follow the instructor’s instructions as per the given riding position, RPM, levels of resistance and when to get off the bike for stretching.
12. Ensure the room is aerated (open windows/doors) and the temperature in the room is at a cool, comfortable level or air conditioned.
13. Ensure that you have a water bottle and towel.
14. Ensure that you maintain proper riding technique that was demonstrated to you during your initial coaching, including:
a. Avoid common unsafe technique such:
- working on high resistance all the time,
- going too fast with little resistance,
- dropping your head
- straightening the elbows; and
- neglecting the core muscles
b. Ensure your handlebars and seat are set up to your appropriate heights given in your initial coaching.
c. Ensure that your back is straight, your elbows are relaxed, and your shoulders are down.
d. Make sure that when riding out of the seat in positions 2 and 3 you aren’t placing too much of your body weight onto the handlebars, instead, try to shift your body weight back a bit.
e. Make sure you stop riding when the instructor indicates it is time to get off the bike. Follow the stretching guidelines with the instructor, maintaining the right technique.
15. Ensure the knobs for changing the heights of the handlebars and seat are tightly closed.
16. Please do not sweat on the bike or on the console. A towel must be placed on the handlebar to avoid this.
17. Please keep the bikes clean just as you would in the studio, that means wiping the handlebars and the seat down with a multipurpose cleaner after each use. Please do not spray directly on the bike, spray into a piece of paper towel and then wipe only the handlebar and seat, do not wipe/touch any of the moving parts.
18. Make sure that when you ride on the bike you are wearing clean clothing and are maintaining adequate hygiene standards yourself.
19. During the stretching off the bike, make sure you are away from the bike and aren’t propping any body parts onto the bike as this will cause damage (e.g. leaning on the bike, placing your foot on the bike).
20. Make sure that you are well fed and hydrated before you start the class. If you feel unwell or feel any pain or discomfort before/during the class, please stop exercising and if needed, seek medical advice. We recommend you have someone else in your house for the duration of the class so they can act in case of an emergency.
21. You must keep your webcam on and be visible so that the instructor will be able to see you and you are able to see the instructor during the full duration of the class.
22. Don’t touch any of the parts of the bike other than the handlebars and the seat (such as the flywheel) as this may cause damage.
23. Please ensure that when you are riding there are no other people in the vicinity, especially kids and pets.
24. Make sure that you are either wearing sports shoes or riding shoes and comfortable work-out clothing, avoiding long, loose fitting pants.
25. The Sprinnt bikes are Sprinnt property and have been delivered to you in good condition. It is your responsibility to ensure that the bike is kept in this good condition. If your bike has any faults or is making any noise before, during or after the class, please stop riding immediately as this may make the fault worse and report this to the studio. Sprinnt will be responsible for fixing the fault and members are liable for any damage or fault that occurs during the Sprinnt Live membership.
26. The member shall satisfy himself that the Equipment supplied by Sprinnt is in working order. Any fault of the service or part of the equipment found to be faulty, shall be notified to Sprinnt immediately.
27. Sprinnt will make the effort to fix the equipment fault in a short and reasonable timeframe. The membership charges will continue during this time.
28. Any fault or damage to the equipment will be fixed by Sprinnt and the cost of the repair, labour, pick-up and delivery will be paid by the member. The member authorises Sprinnt to charge this amount from the member’s credit card on file. If for whatever reason a credit card is not on file, an invoice of the cost will be sent to the member and will be paid by the member immediately.
29. In case of severe damage or theft of the equipment the member will be liable to pay the full cost of a new bike in the same brand and model or the equivalent model of that same brand.
30. Sprinnt reserves the right to replace your bike at any stage with any other Sprinnt bike.
31. In case of the member not returning the equipment as requested by Sprinnt for any reason, the member will be liable to pay the full cost of a new bike in the same brand and model or the equivalent model of the same brand as well as any cost associated with the efforts made to return the bike.
32. The Sprinnt Live service relies on third party technologies (such as software, internet connection, computer and media devices) as well as interconnection between technologies. Any fault or failure of third-party technologies or interconnection between technologies that will cause service interruption, Sprinnt will make the effort to recover the service in real time and continue the service. In case of inability to recover, the members will be notified, and the class will be cancelled. Members can book into a different class on the timetable. No refund will apply to any service interruption or loss of service.
33. The Terms and Conditions shall continue to be in effect until the end of the Sprinnt Live Membership whereby full payment of the membership has occurred and equipment have been returned with no damage and in a condition approved and cleared by a Sprinnt representative.
34.After the minimum membership period, the membership will auto-renew weekly. The member approves to renew the membership by using their credit card on file. It is the responsibility of the member to advise Sprinnt if they do not wish to auto-renew their membership beyond the minimum period. At any time after the minimum period if the member notifies Sprinnt to end the membership a notice of the number of weeks as specified in Sprinnt website should be given; the membership will continue during that notice period and will end subject to previous clause 33.
35. At the successful termination of the membership, Sprinnt will organise a day and time for the equipment to be collected.
36. If the member does not make the equipment available for collection on termination of the membership, the member shall be responsible for the membership charge until the equipment is collected by Sprinnt. If the equipment has been booked in to be collected and the member is not available at the time of pickup, Sprinnt is entitled to charge fee for the pickup of the equipment.
37. Sprinnt will deliver the equipment and coach the member on using the equipment and Sprinnt Live Service. The member acknowledges that Sprinnt has explained how to use the equipment in the correct and safe manner. The member acknowledges that the equipment is in correct working order prior to the usage of the equipment, and the member will not be entitled to a claim against Sprinnt for an injury resulting from not inspecting the equipment prior to use. As the Sprinnt Live service relies on third party technologies as well as interconnection between technologies, it is the member’s responsibility to ensure that the equipment is interconnected and maintained to support the Sprinnt Live service. Connecting to unsuitable equipment or failure of third-party technologies does not entitle the member to a refund.
38. Sprinnt is not liable for damage of the equipment and the member’s property that occurs during the process of installation of equipment.
39. Sprinnt does not take any responsibility for personal injury, fatigue or property damage sustained by or through use of the equipment. Members should seek medical advice prior to commencement of the Sprinnt Live service. The member will not be entitled to a claim against Sprinnt for an injury resulting from not seeking such guidance prior to usage. The member further acknowledges that while the functions and attributes of the equipment may be explained by Sprinnt to the member that in no way has Sprinnt, its employees or agents recommend the suitability of this equipment for the member and that this advice needs to be acquired from a medical practitioner and the member agrees to make no claims against Sprinnt resulting from the use of the equipment.
40. The member warrants and undertakes that he/she will, in the event of moving to a new place of residence, notify Sprinnt prior to such change, whereupon Sprinnt have the discretion and the authority to decide on whether they approve of this relocation of the equipment and only Sprinnt shall have the authority to relocate the equipment in case it is approved. All associated relocation costs shall be paid by the member. If Sprinnt does not approve of the relocation, Sprinnt shall have the option to forthwith rescind this agreement and be entitled to immediate re-possession of the equipment.
41. This agreement may be terminated by Sprinnt at any time by notice to the member. Sprinnt shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of cancellation of this agreement by Sprinnt pursuant to this paragraph.
42. In the event of the member being in default of payment of any charges or any condition hereof, Sprinnt shall be entitled to forthwith rescind this agreement without notice to the member and shall then be immediately entitled to retake possession of the equipment in the event of the cancellation by Sprinnt of this agreement pursuant to this paragraph, the member shall forfeit to the company any hire charges with respect to any unused period of hire.
43. Sprinnt shall be entitled to retain out any deposit paid by the hirer such amounts as Sprinnt may, in its discretion, decide shall be sufficient to compensate Sprinnt for any loss, damage, or inconvenience occasioned to the equipment or the company pursuant to this agreement.
44. The member has read and agreed to abide by the terms and conditions above and to Sprinnt’s guidelines and instructions communicated by Sprinnt’s various media communications (such as email and SMS).
By clicking the Agree / Ok / Submit / Save button you agree that you have read, understood and consent to these terms and conditions of use