Privacy notice
Website and Application Terms and Conditions
Definitions
- Account means any registered user profile on the Website or Application (including but not limited to Purple Perks).
- Anytime Australia, we, us or our refers to Anytime Australia Pty Ltd ABN 11 131 035 491.
- Application means the Anytime Fitness mobile application.
- Content means all materials, information, text, images, video, audio, software, code, and other content made available on or through the Website or Application.
- Linked Sites means websites operated by third parties which are linked to or from this Website or Application, including through hyperlinks or other forms of reference.
- Privacy Policy means the Privacy Policy of Anytime Australia as updated from time to time and available at https://anytimefitness.com/en-au, which explains how personal information is collected, used, disclosed, and managed.
- Services means any services, tools, features or functionality provided via the Website and/or the Application including exercise, fitness or wellbeing related Content and health information.
- Terms means these Terms and Conditions, including any updates made from time to time.
- User or you mean any person who accesses or uses the Website or Application.
- Website means the website located at https://anytimefitness.com/en-au and any associated subdomains or digital platforms operated by or on behalf of Anytime Australia.
Introduction
- Thank you for using our Services. These are the Terms that apply to your visit to and your use of our Website, Application, Services and all other related and ancillary services.
- Anytime Australia is a franchisor and grants to qualified candidates (i.e. franchisees) the right to establish and operate Anytime Fitness centres at approved locations in Australia.
- Franchisees are responsible and liable for operating and maintaining their Anytime Fitness centres in accordance with their agreement with us.
- By accessing and/or registering on our Website and/or Application, and on each occasion that you choose to visit our Website, Application or use our Services, you consent to these Terms. Neither the registration nor the use of the complete spectrum of Services shall be possible without explicit consent to these Terms.
- We reserve the right to amend these Terms at any time. Following such amendment, the continued use of our Website, Application and/or Services by you is subject to your consent to such amended terms and conditions. Your continued use of the Website, Application and/or Services following posting of any changes these Terms constitutes acceptance of those changes. It is your responsibility to check these Terms periodically for changes. Anytime Australia may also, in the future offer news services and/or features through the Services. Such new features and/or services shall be subject to these Terms.
- By using our Services you are entering into an agreement with us to be bound by these Terms.
Communication Provider Charges
- You understand that the use of our Website, Application and/or Services may attract data and/or communication carriage charges.
- We are not responsible for any data or telephone charges incurred by you as a result of you using our Website, Application and/or Services, including but not limited to mobile phone charges, text messages and internet.
Links to Third Party Sites
- The Website and Application may contain links to Linked Sites. The Linked Sites are not under the control of Anytime Australia and Anytime Australia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. Anytime Australia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Anytime Australia of the site or any association with its operators.
- Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
No Unlawful or Prohibited Use
- You warrant that the information you provide to us is accurate and complete. We are entitled at all times to verify the information that you have provided and to refuse providing you access to the Website, Application or the Service without providing reasons.
- You may only access the Website, Application and Services using authorised means. It is your responsibility to check to ensure you download the correct Application for your device and/or use the correct web browser when accessing the Website. We are not liable if you do not have a compatible mobile device or you download the wrong version of the Application for your mobile device. We reserve the right to terminate access to the Website and Application or use of any Service should you be using an incompatible or unauthorised device.
- As a condition of your use of the Website, Application and Services, you warrant to us that you will not use them for any purpose that is unlawful or prohibited by these Terms and any notices provided to you by us. You may not use the Website, Application or Services in any manner which could damage, disable, overburden, or impair them or interfere with any other party’s use and enjoyment of them. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, Application and Services. You will only use the Website, Application and/or Services for your sole, personal use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to any Account.
- Anytime Australia reserves the rights to immediately terminate your access to the Website, Application and/or use of any Service should you not comply with any of the above rules.
Fees and Payment
- There are no fees to access the free portion of the Website and Application.
Term and termination
Materials Provided to Anytime Australia or posted on the Website or Application
- Anytime Australia does not claim ownership of the materials you provide to it (including feedback and suggestions) or post, upload, input or submit to any Website, Application or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Anytime Australia, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
- No compensation will be paid with respect to the use of your Submission, as provided herein. Anytime Australia is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Anytime Australia’s sole discretion.
- By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Information for Personal, Non-Commercial Use Only
- You agree that information provided to you by Anytime Australia from the Website, Application or in connection with the Services is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Website, Application and/or Services including code and software. You must not use our Website, Application or Services for any purpose that is unlawful or prohibited by these Terms.
- You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on our Website, Application or Services for establishing, maintaining, advancing or reproducing information on your own website, application or in any other publication, except with our prior written consent.
Privacy
Liability
- The information, software, products, and services included in or available through the Website, Application and/or Services may include inaccuracies or typographical errors. Changes are periodically added to the information. Anytime Australia, its affiliates (including Anytime Fitness Franchisor LLC) and/or its suppliers may make improvements and/or changes in the Website, Application and/or Services at any time. Advice received via the Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
- Anytime Australia, its affiliates (including Anytime Fitness Franchisor LLC) and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website, Application and/or Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Anytime Australia, its affiliates (including Anytime Fitness Franchisor LLC) and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- To the maximum extent permitted by applicable law, in no event shall Anytime Australia, its affiliates (including Anytime Fitness Franchisor LLC), directors, officers, employees and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, injury, damage, destruction or loss to goods or any other property, the mis-delivery or non-delivery of good, data or profits, arising out of or in any way connected with the use or performance of the Website, Application and/or Services, with the delay or inability to use any of them or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, Application and/or Services, or otherwise arising out of the use of them, whether based on contract, tort, negligence, strict liability or otherwise, even if Anytime Australia or any of its suppliers has been advised of the possibility of damages.
- Anytime Australia acknowledges that in accordance with Australian law, some terms, conditions and guarantees cannot be excluded. If Anytime Australia breaches a non-excludable term, condition or guarantee, it may be liable for that breach. However, if Anytime Australia is allowed to limit its liability for that breach, Anytime Australia’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Anytime Australia’s option).
Indemnification
- By accepting these Terms and using the Website, Application and/or Services, you agree to indemnify and hold Anytime Australia, its affiliates (including Anytime Fitness Franchisor LLC), its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyer’s fees and costs) arising out of or in connections with your use of them, including but not limited to your violation of these Terms.
Inconsistency
- In the event of any inconsistency between these Terms and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency. If any part of these Terms is found to be invalid or unenforceable under law, the remaining parts will continue in full force and effect.
Force Majeure
- Anytime Australia, Anytime Fitness LLC and their affiliates will not be responsible for any delay in preforming their obligations under these Terms due to causes beyond their reasonable control.
Applicable Law
- You agree that any claim or dispute arising in connection with these Terms will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.
- In the event of a dispute arising from or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith discussions. If the dispute remains unresolved for more than twenty-one (21) days, either party may refer the dispute to mediation administered by the Australian Dispute Centre before pursuing formal legal proceedings in the courts of New Sout Wales, Australia. The parties will bear their own costs associated with the mediation unless otherwise agreed between the parties in writing.
Account Security
- You are responsible for maintaining the confidentiality of your Account and password and for all activities that occur under your Account. You agree to notify us immediately of any unauthorised use of your Account or any other breach of security.
Accessibility Statement
- Anytime Australia is committed to ensuring our Website and Application is accessible to all users. If you experience any difficulty accessing any part of the Website or Application, including these Terms, please contact us for assistance.
Contact Details
By Registered Post:
Anytime Australia
Level 2/110 Alexander Street
Crows Nest NSW 2065
These Terms were last updated in July 2025.
Version
Date Reviewed
28.02.2023
Date Updated
28.02.2023