CLIENT ACCOUNT

Please provide the following information:

1. Full name, and how you like to be referred to
2. Address
3. Phone number
4. Email address
5. Gender
6. Height
7. Weight
8. Nickname (this is to provide information to you, in the Studio, during a ride. You are welcome to choose a nickname that is anonymous and does not identify you.)
9. Shoe size (we provide you with professional cycle shoes, subject to availability).
10. Level of Fitness, considering the last 6 months:
    1. Little to no exercise:
    2. 1 - 2 hours per week,
    3. 3 - 4 hours per week
    4. 5 – 6 hours per week
    5. 7 or more hours per week
11. Health:
    1. Good health
    2. Poor health*

*Please do not participate in a ride, or any of our Services, if you consider that there is a risk to your health. You must also tell us if your medical condition changes after you join. We may require you not to participate, until your doctor agrees in writing, or you show us proof that you have received medical advice on an appropriate exercise program.

CLIENT TERMS & CONDITIONS

Last Update: 14^th November 2013

1. WELCOME AND ACCEPTANCE OF TERMS
   1. Welcome to Sycle Hub Pty Ltd’s studio. Our Services are provided to you on the basis of these Terms & Conditions and our Privacy Policy available on our Site and in each Studio.
   2. You accept our Terms by:
      1. Accepting these Terms online; or
      2. Signing these Terms and providing the Studio; or
      3. Paying the Studio to ride.
   3. We may amend the Fees and Terms at any time, in our discretion. These will be displayed on the Site, and/or available at each Studio, as relevant. The latest Fees and Terms apply, and by continuing to use the Studio and our services, you agree to pay the new Fees and to accept the new or amended Terms. 
2. ACCOUNT AND PAY AS YOU RIDE
   1. You are required to set up an account for the Sycle Hub Pty Ltd (Sycle Hub) services before you ride in the Studio (Account).
   2. Once you set up your Account, you will receive your username and login. Your username and login details are required for you to purchase rides. You may purchase rides individually, or in a ride pack, as detailed on our Site.
   3. The prices for rides are set out on our Site. We may vary the prices, from time to time, without notice and in our sole discretion. Purchase with care as Sycle Hub Pty Ltd does not provide refund on any purchases made.
   4. Sycle Hub Pty Ltd uses the Ezidebit payment system. It requires credit card process payments. We have no liability for the availability or quality of the Ezidebit payment system.
   5. If there is any payment default, we will charge interest at the Cash Rate Target set by the Reserve Bank of Australia plus 2%, on any amounts unpaid, after the expiry of 30 days after payment was due.
3. STUDIO EXPERIENCE AND RIDE PASSES AND PACKS
   1. We use your Account information to provide you with information about your healthy heart rate zone. This is provided to you, in the Studio, on a screen, during a ride. You are welcome to choose a nickname that is anonymous and does not identify you. Your personal information is protected as set out in our Privacy Policy, available on our Site or in a Studio.
   2. Account and ride information is set out on our Site and in the Studio, including the number of rides purchased, duration and expiry dates.
   3. You are responsible for using the Studio facilities and equipment correctly, including adjusting levels or settings. Our Cycle Coaches are there to assist you. Please indicate to a Cycle Coach or other staff member if you require assistance at any time, before, during or after a ride.
   4. You are responsible for any damage to Studio facilities and equipment that you cause through a wilful act or negligence.
4. CLIENT OBLIGATIONS
   Usrernames
   1. You will keep your username and login, safe and confidential. You are responsible for and liable for all activity on your Account.
   Health
   2. Please do not participate in a ride, or any of our Services, if you consider that there is a risk to your health. You must also tell us if your medical condition changes after you join. We may require you not to participate, until your doctor agrees in writing, or you show us proof that you have received medical advice on an appropriate exercise program.
   3. Please do not participate in a ride, or attend the Studio, if you have a contagious illness, an infection, an open wound, or any a physical ailment, such as an open cut or sore, or if there is any risk to the health of other clients.
      
   Warranties
   4. On the day you sign this agreement and accept these Terms, and each time you use our Studio, you warrant to us that:
      1. you are 18 years or older, or between 14 years and 18 years old and have your parent or guardian’s permission;
      2. you are in good physical condition, and you do not know of any medical or other reason why you cannot do a ride, or other active or passive exercise that may damage your health, safety, physical condition, or comfort; and
      3. the information you provide to us is true, correct and complete.
5. TERMINATION
   
   1. Either party may terminate the agreement between us, by giving the other party 7 days written notice, or a shorter notice period if both parties agree in writing including by email.
   2. We may terminate the Terms and your Account at any time, in our sole discretion, if:
      1. you act in an inappropriate manner, in our sole discretion, including but not limited to:
         1. that defames, harasses, threatens, menaces, offends or restricts any person;
         2. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
         3. that would bring us, or the Studio into disrepute.
      2. for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
      3. you owe amounts to us, that are unpaid following 30 days of the due date.
   3. Either party may terminate the Terms if there has been a material breach of these Terms.
   4. Your express or implied agreement to the Terms constitutes your authority for us to keep and destroy the information as per the statutory periods, or on termination of these Terms if possible.
   5. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
6. FEEDBACK AND DISPUTE RESOLUTION
   1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Studio, Site or, services, please contact any member of our staff, or contact us on the Site.
   2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
      1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them, within 2 weeks of the complainant sending this notice, if reasonable, or as soon as possible thereafter (Initial Meeting).
      2. If the Parties cannot agree how to resolve the dispute within 2 weeks after the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation recommended by the mediator, in good faith, to seek to resolve the dispute through mediation or other alternative dispute resolution processes.
   3. Any attempts made by the Parties to resolve a dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the Parties under these Terms, by law or in equity.
7. ACKNOWLEDGMENT AND LIMITATION OF LIABILITY
   Acknowledgement
   1. You acknowledge that Sycle Hub staff, including Cycle Coaches and Cycle Coach Team Managers, are not medically trained. They are not medically qualified to assess if you are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If you are in any doubt, please seek expert medical advice before riding in the Studio
   Liability
   2. You agree that our liability for the Services is governed solely by the Australian Consumer Law and these Terms. Nothing in these Terms removes your statutory rights as a consumer under Australian Consumer Law.
   3. As required under Australian Consumer Law, we guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.
   4. To the extent we are able to at law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services or this agreement except those set out in this agreement.
   5. 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.
   6. We are not liable to you or to anyone else 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.
   7. Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions. We endeavour to provide accurate information about the availability of our Studio and bikes, however we are not liable for incorrect or out of date information.
   8. The obligations under this clause will survive termination of these Terms.
      
8. INDEMINTY
   1. We are liable for and agree to indemnify you in respect of any loss or liability which you suffer, incur or are liable for as a result of any breach of these Terms by us, our employees, contractors or agents.
   2. You are liable for and agree to indemnify us in respect of any loss or liability which we suffer, incur or are liable for as a result of (i) any information you give us that is not accurate, up to date or complete or is otherwise misleading; or (ii) any breach of these Terms, or (iii) any damage to Studio facilities and equipment that you cause through a wilful act or negligence.
   3. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. 
   4. The obligations under this clause will survive termination of these Terms.
9. NOTICE

   Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address in the Account Form. Our address is set out on the Site. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.

10. GENERAL
    1. Privacy: In performing the Services, we agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, as set out in our Privacy Policy which is available on our Site.
    2. Priority: If these Terms differ from any other information that you have been provided with, including by email or phone, these Terms apply, unless we agree otherwise in writing.
    3. GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
    4. Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. We may provide the Services to you using our employees, contractors and third party providers, and they are included in the definitions of Sycle Hub, us or we, where relevant, in these Terms.
    5. Assignment: The Terms is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). Any purported dealing in breach of this clause is of no effect.
    6. Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
    7. Jurisdiction & Governing Law: The Terms is governed and construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
11. DEFINITIONS

In these Terms:

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.

Confidential Information means confidential information about Sycle Hub, business and Services including but not limited to information, ideas, programs, concepts, knowledge, know-how, intellectual property, trade secrets, technology, operating procedures, processes, business methods, financial, accounting, marketing and technical information, customer and supplier lists (including any prospective or proposed customer and supplier lists), funding arrangements and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential.

Cycle Coach and Cycle Coach Team Manager means an employee or contractor to Sycle Hub, who leads or assists you with a ride in the Studio.

Fee means the payment amounts set out at the Studio for the Services, which is subject to change from time to time, at our discretion.

GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

Parties means the parties entering into these Terms.

Sycle Hub, us, our or we means Sycle Hub Pty Ltd (ABN 23 161 495 692).

Services means the services available at each Studio.

Site means www.syclehub.com.au

Studio means a Sycle Hub studio.

Term is while you have an Account with us, until the date on which the Account is terminated.

Contact Details:
Sycle Hub Pty Ltd (ABN 23 161 495 692)
Unit 205, 14-16 Lexington Drive
Norwest Business Park
Bella Vista NSW 2153
enquiries@syclehub.com.au