TERMS

Combine Air Training
Terms and Conditions of Use of the Combine Air Website

Combine Air Training is a training and fitness studio with various locations around Australia. Combining hybrid, strength & conditioning and boxing training allows you to unlock your maximum athletic potential in our state-of-the art facilities.

These terms and conditions (Terms) are a contract between Combine Air Franchising Pty Ltd ACN 641 134 821 (Combine Air, we, us or our) and you, meaning the person accessing or using the websiteEach of you and us is a Party to these Terms. These Terms also incorporate our Privacy Policy, which you can access and read below.

Acceptance

You accept these Terms by accessing and continuing to access and use the website.

If you are under the age of 18, you represent and warrant that you have permission from your parent or legal guardian to access and use the website, and they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Website, you agree to: (1) supervise the minor’s use of the website; (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the website; (3) ensure that the website content on the website is suitable for the minor; (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

Website content and access

Combine Air endeavours to take reasonable care in preparing the website content and maintaining the information on the Website. However, we do not warrant the accuracy, reliability or completeness of the website content. The website content is subject to change at any time without notice, and as such, the website content may, from time to time, be out of date at the time You view it.

Combine Air will endeavour to ensure the website is accessible. However, we cannot guarantee that access to the website will at all times be uninterrupted. The website may undergo maintenance or upgrades which may interfere with your use of the website.

Intellectual Property

Unless otherwise indicated, Combine Air owns the rights, title and interest materials and content displayed on the website including, but not limited to, photographs, illustrations, artworks, names, logos, and images. This material may not be reproduced, retransmitted, distributed, disseminated, sold, broadcast or published to a third party. You must not breach any Intellectual Property Rights connected with our website, including by altering or modifying any of the website content, causing any of the website content to be framed or embedded in another website, or creating derivative works from the website content.

Combine Air, unless expressly granted, does not grant a licence or right, or assign all or part of its intellectual property right in the content or application incorporated into the Combine Air website or in the user interface of the Combine Air website.

Third party websites

The Combine Air website may contain links to other websites, operated, controlled or produced by third parties (third-party websites). Unless otherwise expressed, Combine Air does not control, endorse, sponsor or approve of these third-party websites, nor does Combine Air take responsibility or provide any warranty for their content.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability or loss caused or contributed to by, arising from or connected with:

  • your acts or omissions;
  • any use or application of the website by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any works, services, goods, materials or items which do not form part of the website (as expressed in these Terms), or which have not been provided by us.
Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
  • our liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
  • our aggregate liability for any liability or loss arising from or in connection with these Terms will be limited to us repaying you the amount of the last annual subscription fee paid by you to us.

This clause will survive the termination or expiry of these Terms.

Warranties

You represent, warrant and agree that:

  • you will not use our website, including the website content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you will be responsible for your use of any part of the website, and you must ensure that no person uses any part of the website: (1) to break any law or infringe any person’s rights (including intellectual property rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the website.
Jurisdiction

These Terms are governed by and construed in accordance with the laws of the state of New South Wales. In the event a dispute arises from these Terms, Combine Air and you have to agree to submit to the jurisdiction of the court of New South Wales.

 

Privacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Combine Air International Pty Ltd ABN 34639996875

We are committed to respecting your privacy.

In Australia, we are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). Our Privacy Policy sets outs out how we collect, use, process, store and disclose your personal information. Personal information includes information or an opinion about an identified individual or an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

What personal information do we collect?

We may collect the following types of personal information:

  • name;
  • mailing or street address;
  • email address;
  • telephone number and other contact details;
  • age or date of birth;
  • gender;
  • credit card information;
  • your device ID, your device type, Internet browser and device operating system details, geo-location information (including country and suburb name based on this), computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • sign up on our website;
  • communicate with us through correspondence, email, or when you share information with us from other social applications, services or websites; or
  • interact with our sites, services, content, surveys and advertising.
Why do we collect, use, process and disclose personal information?

We will collect, hold, use, process and disclose your personal information to:

  • enable you to access and use our website and/or services;
  • operate, protect, improve and optimise our website and services business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  • send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
  • administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
  • comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our products and service if you have consented to receiving these communications. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us at privacy@combineair.training, or by using the opt-out facilities provided in the communication.

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this Privacy Policy to:

  • our employees and to our related bodies corporate as listed at the top of the Privacy Policy;
  • third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
  • professional advisers, dealers and agents;
  • payment systems operators (e.g. merchants receiving card payments);
  • our existing or potential agents, business partners or partners;
  • our sponsors or promoters of any competition that we conduct via our services;
  • anyone to whom our assets or businesses (or any part of them) are transferred;
  • specific third parties authorised by you to receive information held by us; and/or
  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of Australian personal information outside Australia

We may disclose personal information outside of Australia to cloud providers and software providers located outside of Australia, including the United Kingdom, Ireland, Singapore and the United States of America. When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Websites and cookies

We may collect personal information about you when you use and access our website or a publisher’s website that we (or a third party acting on our behalf) is placing advertising on.

While we do not use browsing information to identify you personally, we may record certain information about your use of these websites, such as which pages you visit, the time and date of your visit and the internet protocol (IP) address assigned to your computer. We record your IP address in order to assist us to protect our systems from malicious activities, including denial of service attacks and brute force attempts to access our systems. We store IP addresses for this purpose for 30 days in order to detect and analyse previous attacks on our systems.

We (or a third party acting on our behalf) may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. We (or a third party acting on our behalf) may use cookies to determine which advertisements to display to you on our website or a publisher’s website that we (or a third party acting on our behalf) is placing advertising on. You can disable cookies through your internet browser, but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act and GDPR. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Storage of personal data

We will store your personal data for up to 5 years after we have completed providing our services to you (or to the business that employs or engages you as a contractor, if applicable). After this time:

  1. we will continue to store your personal data only to the extent required by any law applicable to our business or for compliance and risk management purposes; and
  2. we will delete or de-identify your personal data when it is no longer necessary or required to be kept.
Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the contact information provided through the website or using the contact details set out below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us using the details set out below and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us at privacy@combineair.training.  Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within the time required by law (if applicable) or otherwise within a reasonable period of time, typically within 30 days. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

privacy@combineair.training

Effective: 1st September 2020

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