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Use of the App is at all times subject to the Gym Members’ compliance with any terms and conditions of use which purport to apply to the App. To use the free pass, Gym Members must select a participating Gym and “Create a First Time Visit Pass”.The App (and any terms and conditions of use) may be updated at any time and Gym Members may be required to download updated versions of the App (and confirm their agreement to any updated terms and conditions) in order to continue to participate in Gym Better. Registration in Gym Better is subject to Gym Members completing and passing a short pre-exercise questionnaire via the App (refer to clause 10 above). This First Time Visit Pass will only be valid for 7 days from the day the Gym Member registers, regardless of when the First Time Visit Pass is created. Flexible, pay-as-you-go method with no lock-in contracts means that a Gym Member who: a.They are physically and mentally capable of using Goodlife Services, and are responsible for their physical and emotional wellbeing while at the Gym, and that they have read and accepted the terms in paragraph 44 of these Terms of Use. Except for liability that cannot be excluded by law, including the Non-Excludable Guarantees, Medibank (including their respective officers, employees and agents) excludes all liability (including in negligence) for any loss or damage whatsoever (including indirect or consequential loss) suffered, or for personal injury which is suffered or sustained, by Gym Members in connection with participation in Gym Better, use of the Gyms and/or inaccurate or false answers provided by Gym Members in response to the pre-exercise questionnaire. Medibank can terminate Gym Better at any time, vary these Terms of Use (including but not limited to, the fees, eligibility to receive the discounted rate and payment terms) and change, add or remove Gyms (including but not limited to, locations), at its sole discretion. Medibank may monitor Gym Members’ use of the App and Medibank reserves the right to collect, collate and use data relating to Gym Members’ use of the App. The information provided in the App, and its design, text, graphics and software, are (unless otherwise stated) copyright of Medibank. Medibank grants Gym Members a non-exclusive, non-transferable licence to use the App in accordance with these Terms of Use, subject to Gym Members’ continued compliance with the Terms of Use.If a Gym Member has purchased a pass and Medibank terminates Gym Better before they are able to use it, Medibank will refund the pass using the payment details that the Gym Member provided via the App. If a Gym Member has purchased a pass to a Gym that is removed from Gym Better before they are able to use it, Medibank will refund the pass using the payment details that the Gym Member provided via the App. If Medibank removes a Gym from Gym Better, Gym Members will not be able to subsequently purchase a pass to that Gym. Medibank can transfer Gym Better to any other Medibank owned entity at any time. If a Gym Member wishes to exit Gym Better, they can cancel their account using the App. By accessing and using the App, including any information owned by Medibank, Gym Members agree to be bound by and abide by the Terms of Use, which for the avoidance of doubt includes the App Terms. Any disputes arising from, in relation to or in connection with the information contained on the App are to be governed by the law of the State of Victoria. In Medibank’s discretion, this licence may be terminated by Medibank at any time.They are aware that exercise is physically demanding and participation in some activities may pose a risk to their health; d. They fully understand these risks and Goodlife’s terms and conditions available at and participate freely and accept the risks involved.They agree to indemnify, and will not hold responsible, Goodlife and Goodlife staff from all claims and liabilities (whatsoever in nature) associated with their use and/or participation in and/or reliance upon Goodlife Services and they hereby release Goodlife and Goodlife Staff from any claims or actions (whatsoever in nature) that may be instituted in relation to your use of and/or participation in and/or reliance upon Goodlife services; and f.Medibank’s liability for such an event is limited to the resupply of those files. Information you provide as part of your use of the Gym Better App (“App”), including: i.

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Once the fee has been paid via the App, and subject to the Non-Excludable Guarantees, it is non-refundable (regardless of whether or not the Gym Member visits the Gym). Gym Members must not give non-Gym Members access to a Gym without the approval of Gym staff. Failure to comply with terms 28, 32 and 34 may result in Gym Member being charged a fee of 0 and/or your Gym Better registration being suspended or cancelled. Gym Better provides Gym Members with access to the same facilities as an ordinary gym membership would (i.e. Each Gym’s opening hours are listed within the App and may be updated from time to time. Personal training sessions, crèche or extras not available under a Gym’s ordinary membership policy are excluded from Gym Better.

Gym Members can disable push notifications via their phone settings.

Gym Members who disable push notifications may not receive relevant updates via the App. Gym Members will be sent notifications of changes to the App, Gym Better or these Terms of Use via the email address they have provided. Medibank will ask Gym Members to provide optional feedback within the App after they visit a Gym. By complying with these Terms of Use, Gym Members also agree to comply with the terms and conditions (including any ‘house rules’ or ‘Club rules’) of each Gym that they access. or as otherwise advised to the Gym Member from time to time.

Information about any membership you enter into with a Gym; v. For feedback and more information please contact us via the help menu option in the App or via telephone on 1300 729 812.

Information you provide when using other Gym Better products and services; and vi. We use your information to provide you with Gym Better products and services, including to: a. our contractors, suppliers, partners, professional advisers and service providers; e. Last updated 1 October 2015 [1] A payment gateway is a secure connection between Medibank, card providers and banks.