Welcome to WEGOGYM. These Terms of Service ("Terms") form a legally binding agreement between you and WEGOGYM (referred to as "WEGOGYM", "we", "us", or "our"). By downloading, accessing, or using the WEGOGYM mobile application or website at wegogym.com.au (together, the "Platform"), you agree to be bound by these Terms. If you do not agree, do not use the Platform.
WEGOGYM is registered as a business in Australia with the Australian Securities and Investments Commission (ASIC).
Definitions
In these Terms, the following words have the following meanings:
- "Platform" means the WEGOGYM mobile application (iOS and Android) and website at wegogym.com.au, including all features, tools, and content made available through them.
- "User" means any individual who accesses or uses the Platform, whether or not they have created an account.
- "Contributor" means a User who adds, edits, flags, or otherwise contributes data to the Platform, including gym equipment records, facility details, reviews, or any other community-sourced content.
- "Contribution" means any data, content, or information submitted by a Contributor to the Platform, including but not limited to gym equipment lists, facility details, photographs, flags, and edits to existing records.
- "Gym Owner" means a person or entity that claims a gym listing on the Platform in order to manage or verify that listing.
- "Gym Owner Account" means a free account created by a Gym Owner for the purpose of managing a gym listing on the Platform.
- "Community Data" means the collective database of gym equipment, facility information, and related content sourced from Contributors and stored on the Platform.
- "Intellectual Property" means patents, trademarks, service marks, trade names, copyrights, database rights, design rights, trade secrets, know-how, and any other intellectual property rights, whether registered or unregistered.
Eligibility and Account Creation
2.1 Minimum Age
You must be at least 13 years of age to use the Platform. Users under the age of 13 must not create an account or submit any Contribution. By using the Platform, you represent and warrant that you are at least 13 years old.
If you are aged 13 to 17, you represent and warrant that a parent or guardian has reviewed these Terms and consented to your use of the Platform, including the licence you grant to WEGOGYM under clause 3.2. WEGOGYM reserves the right to terminate any account that it reasonably believes to be held by a user under 13.
2.2 Capacity to Contract
By using the Platform, you represent and warrant that: (a) you have the legal capacity to enter into a binding agreement, or (b) if you are a minor aged 13 to 17, that a parent or guardian has consented to these Terms on your behalf and you have the authority to bind yourself to them to the extent permitted by law.
2.3 Account Registration
Some features of the Platform require you to create an account. When you register, you must:
- provide accurate, current, and complete information
- keep your account information up to date
- keep your password confidential and not share it with others
- notify us immediately at support@wegogym.com.au if you suspect unauthorised access to your account.
You are responsible for all activity that occurs under your account.
2.4 One Account Per Person
You may only hold one personal account. Creating duplicate or fake accounts is a breach of these Terms.
2.5 Gym Owner Accounts
Gym Owners may create a free Gym Owner Account to claim and manage a gym listing on the Platform. Gym Owner Accounts are subject to these Terms, including the acceptable use requirements in Section 4 and the gym owner responsibilities set out in Section 6.
Community Contributions and Content Licence
3.1 Nature of the Platform
WEGOGYM is a community-powered platform. The accuracy and completeness of gym information depends on contributions from Users. WEGOGYM does not independently verify Community Data and makes no warranty as to its accuracy (see also Section 10).
3.2 Licence You Grant to WEGOGYM
When you submit a Contribution to the Platform, you grant WEGOGYM a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, store, adapt, modify, translate, publish, publicly display, distribute, sub-licence, and incorporate that Contribution into the Platform, derivative works, successor services, and other products or services operated by or in partnership with WEGOGYM, in any format or medium now known or later developed.
This includes the right for WEGOGYM to sub-licence Contributions to third parties, such as data partners, aggregators, or other services that use the Platform's data. You acknowledge this possibility and agree that no additional consent or compensation is required for such sub-licensing.
This licence survives any termination of your account or these Terms. You acknowledge that WEGOGYM requires this licence to operate and improve the Platform and that this is a core condition of your ability to contribute.
Notwithstanding the above, nothing in this clause overrides WEGOGYM's obligations under the Privacy Act 1988 (Cth) with respect to personal information of third parties that may be incidentally contained in your Contributions. WEGOGYM will handle any such personal information in accordance with its Privacy Policy at wegogym.com.au/privacy.
3.3 What You Retain
You retain ownership of any original intellectual property rights you hold in your Contributions. The licence in clause 3.2 does not transfer ownership to WEGOGYM.
3.4 Your Warranties Regarding Contributions
By submitting a Contribution, you represent and warrant that:
- you have the right to grant the licence in clause 3.2
- the Contribution does not infringe any third party's Intellectual Property rights, privacy rights, or any other rights
- the Contribution is accurate to the best of your knowledge
- the Contribution does not contain material that is false, defamatory, offensive, or otherwise unlawful.
3.5 Community Data After Account Termination
If your account is suspended, terminated, or deleted for any reason, WEGOGYM retains the right to keep and continue using all Contributions you have made under the licence granted in clause 3.2. Your Contributions will not be deleted solely because your account is closed.
3.6 No Compensation
You agree that you are not entitled to any payment, royalty, or other compensation for your Contributions, and that WEGOGYM may derive revenue from the Platform that incorporates your Contributions.
Acceptable Use
4.1 Permitted Use
You may use the Platform for lawful, personal, and non-commercial purposes, subject to these Terms. Gym Owners may use the Platform for business purposes in connection with managing their listed gym.
4.2 Prohibited Conduct
You must not, and must not assist or enable others to:
- submit false, misleading, or fabricated gym data, equipment records, or other information
- submit spam, duplicate records, or irrelevant content
- use automated tools, bots, scrapers, or crawlers to extract data from the Platform at commercial scale, or in a manner that reproduces or substitutes for the Platform, without our prior written consent (this prohibition does not apply to assistive technology used by individuals with a disability)
- reverse engineer, decompile, disassemble, or attempt to access the source code of any part of the Platform
- probe, scan, or test the vulnerability of the Platform or any related systems without authorisation
- introduce viruses, malware, ransomware, or other harmful code
- impersonate any person or entity, or falsely represent your affiliation with a gym or organisation
- harass, threaten, stalk, or abuse any other User or WEGOGYM staff
- use the Platform to transmit unsolicited commercial communications
- collect personal information about other Users without their consent
- use the Platform for any unlawful purpose or in violation of any applicable law or regulation
- circumvent or disable any security or access control feature of the Platform
- intentionally disrupt, damage, or impair the availability or performance of the Platform.
4.3 Consequences
A breach of this Section 4 may result in immediate suspension or termination of your account under Section 5, and may expose you to civil or criminal liability.
Account Suspension and Termination
5.1 Termination by WEGOGYM
WEGOGYM may suspend, restrict, or permanently terminate your account at any time, with or without notice, at its sole discretion. Grounds include (but are not limited to) breach of these Terms, conduct that is harmful to other Users or the Platform, and legal or regulatory requirements. Where practicable and lawful, we will provide notice of termination.
5.2 Termination by You
You may close your account at any time by using the "Delete Account" option in the app settings, or by contacting us at support@wegogym.com.au. Deletion is permanent and cannot be undone. Account deletion does not affect the licence granted under clause 3.2 or any obligations that arose prior to deletion.
5.3 Effect of Termination
On termination or deletion of your account:
- your right to access the Platform as a registered User ceases immediately
- WEGOGYM retains all Contributions you have made under the licence in clause 3.2
- any outstanding obligations or liabilities you owe to WEGOGYM remain enforceable
- clauses that by their nature are intended to survive termination will continue to apply, including clauses 3.2, 3.5, 3.6, 9, 10, 11, and 12.
Gym Owner Accounts
6.1 Claiming a Gym Listing
Gym Owners may claim an existing gym listing on the Platform at no cost. By claiming a listing, you represent and warrant that you are an authorised representative of the gym. WEGOGYM reserves the right to verify claims and to suspend or revoke a claim if we reasonably believe it is unauthorised or fraudulent.
If your claimed listing is suspended or revoked and you believe this was done in error, you may contact us at support@wegogym.com.au to request a review. WEGOGYM will consider your request and respond within a reasonable timeframe, but does not guarantee reinstatement.
6.2 Future Paid Features
WEGOGYM does not currently offer any paid products or subscriptions. Paid features may be introduced in future. If and when paid features become available, they will be subject to separate terms and conditions, which will be clearly communicated to you before you are asked to pay anything.
6.3 Gym Owner Responsibilities
As a Gym Owner, you are solely responsible for:
- the accuracy of all information you provide in your claimed profile
- ensuring that any content you add to your listing (including photographs, descriptions, and equipment details) does not infringe any third party's rights
- complying with all applicable laws, including consumer protection and advertising standards laws, in connection with your listing.
6.4 No Guarantee of Accuracy of Community Data
WEGOGYM does not guarantee that community-contributed data relating to your gym is accurate, complete, or current. Gym Owners may contact support@wegogym.com.au to flag inaccurate community-contributed data for review, but WEGOGYM does not warrant that corrections will be made within any particular timeframe.
Content Correction and Reporting
WEGOGYM is committed to maintaining the quality and accuracy of Community Data. If you believe that any information displayed on the Platform is inaccurate, incomplete, or defamatory, you may contact us at support@wegogym.com.au to request a review or correction.
When submitting a request, please include: (a) a description of the content you believe is inaccurate or problematic, (b) the specific gym or listing it relates to, and (c) any supporting information that may help us assess your request.
WEGOGYM will review requests in good faith and respond within a reasonable timeframe. WEGOGYM reserves the right to determine, in its sole discretion, whether to amend, remove, or retain any content following a review. Submitting a report does not guarantee that content will be removed or changed.
Privacy
WEGOGYM is committed to protecting your personal information. The collection, use, disclosure, and handling of your personal information is governed by our Privacy Policy, which is available at wegogym.com.au/privacy and is incorporated into these Terms by reference.
Our Privacy Policy is prepared in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Platform, you consent to the collection and handling of your personal information as described in the Privacy Policy.
Intellectual Property
9.1 WEGOGYM IP
WEGOGYM owns or is licensed to use all Intellectual Property in the Platform, including but not limited to its name, logo, branding, software, design, user interface, compiled Community Data, and all other content created by WEGOGYM. Nothing in these Terms grants you any rights in WEGOGYM's Intellectual Property other than the limited right to use the Platform as described in these Terms.
9.2 Your Identity and Personal Content
You retain ownership of your own name, likeness, and any personal content that does not form part of a Contribution (for example, your profile photograph). By providing such content to the Platform, you grant WEGOGYM a non-exclusive, royalty-free licence to display that content as part of your profile for as long as your account remains active.
9.3 Feedback
If you provide WEGOGYM with feedback, suggestions, or ideas regarding the Platform ("Feedback"), you grant WEGOGYM an unconditional, irrevocable, royalty-free, worldwide licence to use that Feedback for any purpose, including improving the Platform and developing new products, without any obligation to compensate you.
9.4 No Bulk Data Extraction
You must not extract, copy, or use any data from the Platform in bulk, or in a manner that reproduces or substitutes for the Platform, without WEGOGYM's prior written consent. Unauthorised data extraction may infringe our Intellectual Property rights and rights under the Copyright Act 1968 (Cth).
Disclaimers and Limitation of Liability
10.1 Australian Consumer Law (Non-Excludable Rights)
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute that cannot lawfully be excluded or limited ("Non-Excludable Rights"), including any guarantee relating to services. The disclaimers and limitations in this Section apply only to the extent permitted by law, after giving effect to your Non-Excludable Rights. Where WEGOGYM is permitted by law to limit its liability for a breach of a Non-Excludable Right, WEGOGYM limits that liability to the resupply of the relevant service or the payment of the cost of resupply, at WEGOGYM's election.
10.2 Accuracy of Community Data
The Community Data on the Platform is crowd-sourced and is not independently verified by WEGOGYM. Gym equipment lists, facility details, opening hours, and other information may be inaccurate, incomplete, or out of date. You use this information at your own risk. WEGOGYM recommends that you verify important details directly with the gym before visiting.
10.3 Platform Availability
Subject to your Non-Excludable Rights, WEGOGYM provides the Platform on an "as is" and "as available" basis. We do not guarantee that the Platform will be available without interruption, that it will be error-free, or that defects will be corrected. We may suspend or discontinue the Platform, or any feature, at any time without notice.
10.4 Exclusion of Implied Warranties
Subject to your Non-Excludable Rights, and to the maximum extent permitted by law, WEGOGYM excludes all implied warranties, representations, and conditions in connection with the Platform and your use of it, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
10.5 Limitation of Liability
Subject to your Non-Excludable Rights and to the maximum extent permitted by law, WEGOGYM's total liability to you for all claims arising out of or in connection with these Terms or the Platform, whether in contract, tort (including negligence), under statute, or otherwise, is limited to AUD $100.
For the avoidance of doubt, this limitation does not apply to any liability for: (a) personal injury or death caused by WEGOGYM's negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be limited by law.
Subject to the above, WEGOGYM is not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profit, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Platform or these Terms, even if WEGOGYM has been advised of the possibility of such damages.
10.6 Third Party Conduct
WEGOGYM is not liable for the conduct of other Users, Gym Owners, or third parties in connection with the Platform.
Third-Party Services
The Platform uses third-party software and service providers, including:
- Supabase (database and backend infrastructure)
- Mapbox (mapping and location services)
- PostHog (product analytics)
- Sentry (error monitoring)
These providers are independent of WEGOGYM. WEGOGYM does not control their services and is not responsible for their availability, security, accuracy, or actions. Your use of any third-party services may be subject to their own terms of service and privacy policies. WEGOGYM encourages you to review those policies.
The Platform may also contain links to third-party websites. WEGOGYM does not endorse those websites and is not responsible for their content.
Dispute Resolution
12.1 Informal Resolution First
Before commencing any formal proceedings, you agree to contact WEGOGYM at support@wegogym.com.au to attempt to resolve the dispute informally. You must give us a reasonable opportunity (no less than 30 days from the date of your written notice) to respond to and address your complaint before initiating legal action, except where urgent interlocutory relief is required.
WEGOGYM will reciprocally endeavour to resolve any dispute with you informally before taking formal action, except where urgent legal relief is required to protect the Platform, its users, or WEGOGYM's rights.
12.2 Governing Law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia sitting in New South Wales for any dispute arising out of or in connection with these Terms.
12.3 Regulatory Complaints
Nothing in this Section prevents you from making a complaint to the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), or any other regulatory authority, or from exercising any rights you have under applicable law.
Changes to These Terms
WEGOGYM may update these Terms at any time. A "material change" includes (but is not limited to) changes that: restrict your existing rights, alter the scope of the content licence in clause 3.2, introduce new fees, or significantly change how WEGOGYM handles your data.
For material changes, we will notify you via email to the address associated with your account or via an in-app notification at least 14 days before the change takes effect. For minor or clarifying changes, the updated Terms will be published at wegogym.com.au/terms without advance notice.
Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with updated Terms, you must stop using the Platform and may delete your account.
General
14.1 Entire Agreement
These Terms, together with the Privacy Policy at wegogym.com.au/privacy, constitute the entire agreement between you and WEGOGYM in relation to the Platform and supersede all prior agreements, representations, and understandings.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions will continue in full force.
14.3 No Waiver
A failure by WEGOGYM to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14.4 Assignment
WEGOGYM may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, sale of assets, or similar transaction, without your consent. You may not assign your rights or obligations under these Terms without WEGOGYM's prior written consent.
14.5 Force Majeure
WEGOGYM is not liable for any delay or failure to perform its obligations under these Terms where such failure is caused by circumstances beyond WEGOGYM's reasonable control, including natural disasters, acts of government, power outages, internet disruptions, or acts of third parties.
14.6 Contact
If you have any questions about these Terms, please contact us at support@wegogym.com.au or via the contact page at wegogym.com.au/support.
Questions about these Terms?
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