1. TERMS AND AGREEMENT

Effective Date: January 2021

Agreement between;

DIYPT , Eyes on the Prize PT PTY Ltd, (ABN  43 606 570 969) of Sydney, NSW TEL: +61(0) 404 832 825

And;

Yourself (Member);

This Agreement becomes “Effective” upon completion of the online registration and payment form. By confirming your signup of the Membership you are agreeing to follow the terms and conditions herein, until such time that you cancel your Membership with DIYPT or your Membership is cancelled by DIYPT.

2. TERMS AND DEFINITIONS

TERM

DEFINITIONS

DIYPT

Company providing online training services

You, Your, Yourself, Member

Individual signing up to the agreement

Membership

Initial and continuation of Agreement

Minor

Individual under the age of 16 years old

Website

www.diypt.com.au

Minimum term: 13 weeks from your start date.

This is an ongoing Membership where post the minimum term of 13 weeks, the Membership will run week to week until you decide to cancel such Membership.

To cancel your Membership, refer to 5.1.

If you are signing on behalf of a Minor, (as determined by the jurisdiction in which you reside), you are solely responsible for such subscription on behalf that Minor, and their health and wellbeing in order to conduct any of the exercises outlined in the online program. 

These terms apply to the use of the DIYPT online group classes, DIYPT’s Website and it’s associated programs, including the use of the information services provided through the online group classes and Website.

If You, or a Member on whose behalf You register (including a minor), breaches the Terms of Use, You acknowledge that DIYPT may immediately suspend or terminate Your account, without refund, and take appropriate legal action (if DIYPT choose) against You and others acting in concert with You. Further You acknowledge that DIYPT is entitled to suspend or terminate Your use of the Website or Membership at any time if DIYPT considers that You have brought, or may bring, the reputation of DIYPT or its Members into disrepute.

If You are registering on behalf of a Minor, it is Your responsibility to inform the Minor of their obligations as a Member and ensure compliance to this Agreement, the health and safety guidelines and the relevant Membership terms.

3. YOUR MEMBERSHIP

3.1 Does DIYPT offer any discounts?

Yes, DIYPT offer a discounted rate to one other family member, if:

  • We can link one family member to a primary, full-paying Member
  • The Primary Member agrees to pay for the family Member from the same account.

If the Primary Member cancels their Membership, the family Member will be required to provide their own direct debit details in order to continue their Membership. Failure to provide this information will lead to their own Membership being cancelled within 7 days notice by DIYPT.

Upon a Primary Member cancelling their Membership, should any family Member be added to their account, the rate to which they have received with the discount applied will cease and the family Member will become a direct Member of DIYPT and be required fees at the rates in full.

3.2 Age Restrictions  to become a Member?

By ticking the ‘Membership Agreement’ tick box, You represent and warrant that You are 16 years or older (or the age of majority in Your jurisdiction, if Minor is not 16), and You are registering on behalf of a Minor, that You are their legal guardian.

Those Members over the age of 65 years of age, for your own health and safety must obtain a health certificate from Your GP to continue their Membership with DIYPT. Please provide such to DIYPT through the portal.

3.3 How do the online group classes work?

We run our online group classes via Zoom.

Subscription to Zoom is not included in your Membership, however, you can use the free version to do our classes.

Membership entitles you to access as many of the online group classes as you’d like per week.

To ensure we keep to a strict timeline for all Zoom classes, each class will  start on time. DIYPT will run back to back classes with a 5 minute break in between classes. 

If there are no attendees to a class and you are more than 4 minutes late the class will be cancelled.

3.4 Do I get a set of DIYPT training equipment?

Australian residents will receive training equipment, all other residents outside Australia will need to purchase their own equipment.

Though the classes can be conducted using your body weight only, for those outside Australia, DIYPT can provide you a list of required products to purchase should you want to participate using additional training equipment.

Any use of equipment within or outside Australia will be used at Members own Risk.

DIYPT will aim to get your exercise equipment  delivered to you within one week from your Effective date of your Membership Agreement being completed. Please note we cannot be held responsible for any delays due to postage worker shortages, or pandemics.  

3.5 DIYPT Training equipment disclaimer

You agree to use the equipment the way it’s intended to be used as outlined by the Trainer in our fitness group classes and instructed in your online training program.

Any use of the DIYPT equipment is to be used at your own risk, should your equipment malfunction once it has left our premises, DIYPT will not be held accountable for such malfunction or use

All Members are required to read the Equipment Maintenance document located in the dropdown menu of Your Members account located via our website www.diypt.com.au.

3.6 Can you change your mind?

DIYPT provides a 7 day cooling off period from the “Effective Date” of your Membership  by giving DIYPT written notice. To cancel Your membership, refer to 5.1.

DIYPT will then cancel Your agreement and refund Your initial payment. This is only applicable for new Membership agreements.

3.7 Your Health and Wellbeing

Confirming you are in good health

On the day you sign up to your Membership and each time You use our products and services, You are confirming that:

-          You are in good physical condition

-          You know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

Our staff and contractors are not medically trained. They are not qualified to assess if you are in a good physical condition and can exercise without risking your health, safety or comfort for Yourself or that of a Minor. If You have any doubts, we strongly urge You to seek expert advice before starting an exercise program. Nonetheless, when You join, DIYPT offer introductory group classes called Kick Start which DIYPT encourage all Members to attend especially new Members to help you build confidence and conditioning for future exercise sessions.

3.8 Member login details

Upon registration as a Member, You will create a username and password to access Your account.

You must not disclose them to anyone else or allow anyone else to use Your account and password.

You are entirely responsible for any access to Your account, and acknowledge that any access to or use of Your account by means of the password associated with that account is deemed to be accessed or used by you. This includes any purchases made through Your account.

4. DURING YOUR MEMBERSHIP

4.1 When do you pay membership fees?

Paying fortnightly

You pay fees fortnightly in advance, by direct debit from a bank account or credit card.

Paying upfront

You can pay upfront for the minimum term of 13 weeks and you pay for a pre-paid membership the day you buy it.

Renewing your upfront Membership

When Your Membership is due to end You can renew Your Membership at the current Membership rate. By renewing Your membership, You agree to the Membership terms that apply at the time.

If You wish to cancel Your upfront prepaid Membership for any reason indicated in 5.3 we will refund You 100% of the value of the unexpired term remaining on Your pre paid Membership.

If You wish to cancel Your upfront prepaid Membership for any reason other than those in 5.3, we will refund You 10% of the value of the unexpired term remaining on Your prepaid membership.

4.2 How do direct debits work?

Paying every fortnight

DIYPT will debit Your fortnightly membership fees from Your nominated account every fortnight on a day that You choose.

If You use a credit card we will add a surcharge to Your fee: 2.2% Master / VISA and 4.4% AMEX / Diners.  

Please note that:

-          debit dates are preset for all Members

-          if one falls on a Public Holiday, DIYPT will debit Your account on the next business day

-          debits might take up to 3 Business days every fortnight to come out of Your account.

See our Privacy statement and acknowledgement.

Meeting Your responsibilities

You must make sure:

-          there is enough money in Your account on the day payment is due to be taken

-          You advise DIYPT with 7 days notice that you are closing your account

-          You tell DIYPT about any changes to Your credit card, such as its expiry date or number, at least 48 hours before your next direct debit, failure to do so will see a charge of $10 being added for late payment .

Please tell DIYPT and Your financial institution if You want to change or stop Your direct debits.

Querying a payment

If You query a payment, we will do our best to respond within 5 Business days.

4.3 What happens if your payment is late or fails?

If there are insufficient clear funds in Your account on the payment due date, You will incur a dishonour fee of $10 and must arrange for sufficient clear funds to be in Your account for re-billing three (3) business days following Your scheduled billing date so that DIYPT can process the debit payment.

DIYPT will continue to debit Your nominated account without notice, until DIYPT have received the total amount outstanding.

For Membership/s in Your name, You must make sure that the payment method You choose continues for the length of Your Agreement.

If You default in payment of Your membership fees, we may send Your outstanding debit to a third party debt collection agency to collect Your outstanding fees.

If this debit is sent to a third party further fees and charges may be payable by Yourself.

4.4 Can we change your agreement?

Staying up to date with our terms

DIYPT may be required to add or, change our terms and conditions. This includes changing  services and Membership fees. DIYPT do not reduce your Membership fees because of public holidays and a reduced holiday group class timetable.

The most up-to-date terms and conditions always apply. You can find copies on the DIYPT website www.diypt.com.au.

Being notified about changes

DIYPT will give You at least 28 days notice of any changes, for instance by:

-          publishing them on DIYPT website

-          phoning You or sending a text message

If DIYPT suspend a product or service, temporarily or permanently, DIYPT may send You a written notice offering You a complimentary time freeze. See 4.6.

Cancelling your membership

If DIYPT do not fulfil it’s obligations to You, You may be able to cancel your Membership. See 5.1. Unless the Law states otherwise.

4.5 Can Fees Increase and if so how will it affect You?

From time to time, fees may increase. Please review the process below in clause 4.4 for further details.

4.6 Freezing Your Membership

A Member may freeze their Membership up to 4 times per year. All time freezes must be a minimum of 7 business days and a maximum of 28 days. A freeze can be for any reason by giving DIYPT a minimum of 7 business days notice before the next direct debit.

No fee is charged for a freeze, however fees may apply if You request more than 4 freezes in a given year. Member cannot freeze their account if fees are outstanding. Members will be asked to confirm dates and ensure all Membership payments are up to date. The Member’s payments will be re-activated after the freeze period has been completed.

4.7 How can you protect your health?

Prior to starting the classes or programs please advise DIYPT within the first 7 business days of signing up to Your Membership, or after an injury has occurred so DIYPT can access if this program is serviceable to you. You must also tell us if your medical condition changes after you join.

DIYPT may choose to refuse Your Membership agreement until:

-          Your doctor agrees in writing that you are fit to exercise and can provide medical clearance from Your doctor

4.8 Can you bring guests into the online group classes?

As guests have not completed the DIYPT pre-exercise questionnaire, DIYPT request You do not bring guests to the online classes for their safety and wellbeing. 

4.9 Managing Your Membership details

DIYPT puts managing Your Membership, at your fingertips via our app, ‘My Club Fitness’. This app allows You to;

-          Change your personal details

-          Update your payment details

-          Check the online class timetable and book in for a class

Download the app now and activate your account .

4.10 Providing feedback

DIYPT welcome your feedback

Your feedback is important in helping DIYPT to provide a great service. If you have any comments or questions about DIYPT products, website or service, contact DIYPT via one of the methods listed below.

Half year and end of year feedback forms

DIYPT will send you a feedback form to your email address as we would love your honest feedback.

Online

Send us a message by completing our enquiry form via the DIYPT website /who-we-are#contact. DIYPT will respond within 24 hours.

5. Things to know at the end of your Membership

5.1 Cancelling your Membership?

You can cancel your Membership by emailing DIYPT on support@diypt.com.au or sending a text message to DIYPT’s customer service number on our website.

Confirming your request

When you do this, please always

-          Provide your email address so DIYPT can confirm your request in writing;

-          keep a copy of your request.

5.2 How do you cancel after the minimum term?

There is a minimum stay term of 13 weeks. Once this period has been reached, you or we may cancel your Membership (see 5.1). When you cancel, please ensure all payments are up to date, failure to do so, will limit your ability to cancel your account.

Providing notice

You must give provide 28 days’ notice to cancel your Membership, unless you are cancelling for medical reasons or bankruptcy (with supporting evidence).

Your Membership payments are payable up to the date that your notice period ends and this means your final debit may be a pro rata amount.

You cannot freeze your Membership payments during the notice period.

5.3 Can you cancel during the minimum term?

Cancelling without paying out your agreement

You can cancel your Membership if time freeze is not suitable during the minimum term if:

-          you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.

-          You are bankrupt – you must show us supporting documents.

DIYPT will not charge an exit fee in these cases.

Transferring your membership to another person

You can transfer your Membership to another person (transferee) within the minimum term of your agreement so long as the transferee:

-          is not a current Member

-          has not been a Member in the last 3 month

-          completes the new Membership sign up process

-          has not previously been banned by DIYPT or failed to pay Membership fees previously for 4 consecutive weeks.

The transfer is effective only after the transferee has completed the sign-up process.

You cannot transfer foundation, couple or family memberships.

Cancelling for other reasons

If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.

5.4 Can you cancel if we change the agreement?

Cancelling if changes to terms and conditions adversely affect you

DIYPT reserve the right to change or add to these Membership terms and conditions. If by making such changes you are adversely affected you may terminate this agreement.

For the avoidance of doubt however, changes to class timetables and the equipment DIYPT provide does not constitute a change of this Membership Agreement.

You can also cancel your membership if DIYPT breach obligations and such obligations are not remedied in a reasonable time after you have told us about it in writing. DIYPT will refund you any Membership fees you pay between the date of notification and the date on which DIYPT agree that we cannot remedy a fault.

6. Privacy Policy and Confidential Data 

6.1 Confidential Data

All data shared with DIYPT will remain confirdential and not shared with any other third parties, unless to retrieve outstanding debts.

All Health and personal information will remain the property of DIYPT throughout the duration of your Membership and 2 years post this date.

6.2 Privacy Policy

Please find herein, DIYPT’s Privacy Policy. This can also be found on our website, on the homepage at the bottom of the screen.