GYM FOR YOUR CAFÉ CAMPAIGN –CAFÉ TERMS AND CONDITIONS

  1. Campaign
    1. We (Fitbeat Aus1 Pty Ltd) are running a campaign to encourage café patrons and corporates to provide support to businesses like yours which may have been impacted by COVID-19 (Campaign).
    2. By taking part in the Campaign, setting up a café page on our campaign website or using our campaign website, you agree to these terms and conditions (Terms).
    3. If you are agreeing to these Terms on behalf of an organisation or your employer, you represent and warrant you are authorised to do so and that you are binding that entity to these Terms.
    4. In order to participate in the Campaign, you will be required to set up your café’s listing on our campaign website by providing information about your café and a photo of your café. You will also be required to provide the bank account details into which monetary support may be transferred by supporters of café. You warrant that the bank account details you provide are to the café’s business account. We will not be responsible for any incorrect bank account details provided.
    5. We may decline to publish any café listing at our sole discretion.
    6. Café patrons who wish to support you will scan the QR code on the table talker that we provide to you, and then book and attend a complimentary Fitbeat gym workout.  Our instructors will strive to deliver fun-packed group experiences for all, and they will encourage café patrons to support their nominated cafés after the workout.  After the workout, café patrons who wish to support you will be able to use the banking details that you uploaded to provide monetary support to you by making electronic transfers into your bank account. These payments are made directly to you by café patrons, and we are not involved in any way with the electronic transfer, nor do we charge any transaction or admin fees.
  2. Personal information
    1. We will collect personal information from you and café patrons in order to run the Campaign and to communicate with you about the Campaign and about our goods and services and promotions that we believe might be of interest to you and/or for other purposes as notified by us. We may, for these purposes, collect, use and disclose such information to third parties, including but not limited to the café patrons, our agents, contractors, service providers and as set out in our Privacy Policy available on our website. You agree that we have no obligation to disclose personal information of café patrons to you.
  3. Limitations
    1. Despite anything to the contrary, to the maximum extent permitted by law:
      1. our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, $1; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.

    1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 
      1. act or omission of you, your employees or personnel or any café patron;
      2. bank account details you, your employees or personnel provide which are incorrect,
      3. payment by a café patron that is late, lost, delayed or misdirected;
      4. refunds or disputes in relation to payments made by café patrons;
      5. authority or permit you are required to hold in order to accept monetary support from café patrons;
      6. tax liability for any payments made to you;
      7. event or circumstance beyond our reasonable control; or
      8. personal injury or loss,

    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Campaign

  1. General
    1. Intellectual Property: We own or licence all intellectual property rights in our website and the campaign. Nothing in these Terms gives you any rights in our intellectual property. You agree not to copy, reproduce, duplicate, sell, exploit or disseminate our intellectual property without our permission.
    2. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
    3. Governing law: These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

For any questions and notices, please email us at:

Fitbeat Aus1 Pty Ltd
[email protected]