Pingelly Recreation and Cultural Centre
General Terms and Conditions
The website https://pracc.net.au/ (“Website”) is owned and operated by Pingelly Recreation and Cultural Centre Association Incorporated (ABN 15 159 712 550) (“we”, “us” and “our”).
We operate the Pingelly Recreation and Cultural Centre, which is a multipurpose building, accommodating year-round sport, recreation, cultural and community activities (“Centre”). The Centre is located at Somerset Street, Pingelly WA 6308. General enquiries can be directed to us by phone at (08) 9887 0092 or email at email@example.com.
The Centre is available to local residents and visitors to join as a member of the PRACC gym or as a member of the social club, to host regional sports games and training, convene large functions and conferences, access visiting services and for use as an emergency evacuation centre. You can purchase a Gym Membership or a PRACC Membership and make enquiries about booking functions on our Website (“Centre Services”).
- clauses 10 and 16 to 19 of these Terms apply if you purchase a PRACC Gym Membership (Gym Terms);
- clause 20 of these Terms apply if you purchase a PRACC Membership (Social Terms); and
- clauses 21 of these Terms apply if you make an enquiry regarding a function or sport booking on our Website (Function Terms).
You must comply with the Terms to ensure that we can provide a safe and comfortable environment for all members, staff and visitors to the Centre.
In relation to PRACC Gym Memberships, we comply with the Fitness Industry Code of Practice set out in the Fair Trading (Fitness Industry Code of Practice) Regulations 2010 (WA). The Fitness Industry Code of Practice 2010 can be accessed here.
02. WEBSITE ACCESS AND ACCEPTANCE OF THE TERMS
By accessing and using our Website, and/or using or purchasing any Centre Services provided by us on our Website, you are deemed to have accepted these Terms.
You also accept these Terms where you click “agree”, “accept” or “buy” where such an option is made available to you during your use of the Website. When you click “accept”, “agree”, “consent” or “buy” using a device such as a mobile phone, desktop, laptop or tablet, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the Website to receive electronic communications from us.
To access or use the Website or purchase any Centre Services, you must be 18 years or older and have the power and authority to enter into a contract under the Terms. If you are aged between 16 and 18 years and wish to purchase a PRACC Gym Membership, the membership must be purchased on your behalf by your parent or guardian.
Continuing use of our Website and access to any Centre Services available from us or the Website is deemed acceptance of any changes to these Terms.
If you are uncertain about the Terms, the Centre Services or anything else on our Website, please contact us before completing any purchase or making any booking.
03. TERMS, WEBSITE AND CENTRE SERVICES MAY CHANGE
We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you. Any changes to the Terms will be effective from the date that we post the revised Terms on our Website. You are responsible for reviewing these terms prior to using or purchasing Centre Services and periodically during your time as a Gym Member, PRACC Member or visitor, customer or subscriber to the Website.
The Centre Services, Website and any prices published on the Website may change or be discontinued without notice at any time. We will not be liable to you for any change in the Terms, the Centre Services or the Website.
We may discontinue the Website at any time, without notice to you and in our absolute discretion. We may refuse access to the Website or the Centre to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.
04. REGISTERING AN ACCOUNT
To purchase the Centre Services, you may be required to register an account by providing us with accurate information including your name, your business name, address, a valid email address and/or telephone number.
You warrant that any information that you provide while registering an account is accurate and correct at the time you provide the information, and that you will update your details when they change.
Your account will be protected by a password that is known only to you. Usernames and passwords are for your use only and must not be shared with any third party.
We accept no liability for any activity that occurs in your account, including any purchases of Centre Services.
If we believe that you have breached these Terms, an applicable law, or that your conduct may give rise to a claim by us against you, we may suspend or cancel your account at any time in our absolute discretion.
05. INTELLECTUAL PROPERTY
Any intellectual property on the Website and in Centre Services sold on the Website belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, presentation slides, other files and software (“Content”). Your use of the Website, including purchase of or access to any Centre Services or Content, does not grant or transfer any rights, title or interest to you in relation to the Website, Centre Services or the Content.
Except where otherwise indicated, no persons (including their names and images), third party trademarks and content, services and/or locations featured on our Site are associated, linked or affiliated with PRACC.
06. PROHIBITED USES OF WEBSITE
You must not, under any circumstances, use the Website, the Centre Services or the Content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts; or
- to violate any international, Australian or state regulations or laws.
You agree that you will not:
- attempt to change, remove, deface, hack or otherwise interfere with the Website, the Centre Services or any Content published on the Website;
- hack into any aspect of the Website or the Centre Services, corrupt data or cause annoyance to other users of the Website or the Centre Services;
- infringe upon any other person’s intellectual property or other proprietary rights;
- disclose any information to which you gain access as a result of the Centre Services that is by its nature confidential;
- send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Website or via the Centre Services; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.
We accept no liability for reliance on the Centre Services as health or other professional advice. You warrant that you have not relied on any representations by us as to benefits of any kind that may be derived as a result of your use of the Centre Services. You will undertake your own due diligence and seek relevant professional or medical advice before making use of, or applying any learnings from, the Centre Services, taking into account your own personal circumstances.
You indemnify and release us, our affiliates, officers, employees and agents from any loss, liability, claim or demand (including legal fees) incurred or made by you or any third party in connection with your use of the Website or the Centre Services, or arising from your Gym Membership or PRACC Membership.
To the maximum extent permitted by law, including the Australian Consumer Law, neither we nor any of our affiliates, officers, employees or agents is liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with your use of the Centre, the gym, our Website, the Centre Services, your inability to access our Website, interruption or outage of our Website or any Content that is inaccurate, incomplete or out of date.
If the Centre Services are subject to the provisions of the Australian Consumer Law, we limit our liability to the lesser of the cost of replacing the Centre Services or supplying equivalent Centre Services.
08. WEBSITE DISCLAIMER
The Website is provided on an “as is” and “as available” basis and to the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Website, the Content or the Centre Services. In particular, we do not represent:
- suitability, reliability, completeness, security, accuracy or fitness of the Website, Content and Centre Services for any particular purpose;
- that access to the Website or the Centre Services will be free of any harmful components (including viruses) or other code that is harmful; or
- that there will no failure of communications or data storage.
Any use of or reliance on the Website, the Centre Services or the Content is entirely at your own risk.
All prices advertised on the Website are in Australian Dollars and include goods and services tax. Prices published on the Website may change at any time without advance notice to you.
Payment for PRACC Gym Memberships sold as part of the Centre Services is payable annually in advance by direct debit from your nominated bank account or credit card. Second and subsequent membership terms will be debited on the anniversary of the first payment.
You may cancel the annual renewal of your PRACC Gym membership by notifying us at least 14 days before a scheduled direct debit payment. Notice of cancellation must be given by email to firstname.lastname@example.org.
By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.
You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
You warrant when purchasing Centre Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete and that there are sufficient available/cleared funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.
10. CANCELLATION AND REFUNDS
We do not offer refunds except where required by the Australian Consumer Law and the Fitness Industry Code of Practice 2010. Apart from terminations during the cooling off period, we do not offer refunds because you change your mind. You are responsible for carefully reading information about the Centre Services and these Terms.
Being removed from or refused access to the Centre gym as a result of your breach of these Terms does not entitle you to any refund of the price.
You may cancel the annual renewal of your membership by notifying us in writing at least 13 days before a scheduled direct debit payment. We will respond within 7 days of receiving your notice of termination.
If we agree or are required by law to grant you a refund for Centre Services:
- we will refund your money within 14 days of the entitlement arising;
- we may immediately remove your access to the Centre gym, the Centre, the Website and the relevant Centre Services; and
- at our request, you must immediately cease using the Centre gym, the Centre, Website and the Centre Services.
48 HOUR COOLING OFF PERIOD FOR GYM MEMBERSHIPS
If you purchase a PRACC Gym Membership in error, we offer a 48-hour cooling off period during which you can terminate your membership and we will refund your membership fee in full. To qualify for a refund during this cooling off period, you must give us written notice at email@example.com within 48 hours of purchase of your PRACC Gym Membership from the Website or at the Centre.
The cooling off period applies to new memberships only; it does not apply to renewed memberships.
11.TERMINATION AND SURVIVAL
We may terminate these Terms and your access to the Website, the Centre and the Centre Services:
- if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
- if the breach is incapable of remedy or if we believe that your conduct is inappropriate or causes danger to other users of the Centre, immediately without notice in our absolute discretion.
If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.
You can terminate your PRACC Gym Membership and your PRACC Membership by written notice to this address: firstname.lastname@example.org. We will respond within 7 days of receiving your notice of termination.
13. DAMAGE AND PERSONAL INJURY
To the maximum extent permitted by law, we accept no liability to you for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), whether arising in contract, tort, statute or any other way, sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising or in connection with the Terms, your PRACC Gym Membership, your PRACC Membership, your use of the Centre or any of its facilities or any act or omission by us or our officers or employees.
14. ENTIRE AGREEMENT
These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Website and the Centre Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.
If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.
15. GOVERNING LAW
These Terms are governed by the laws of Western Australia. If you believe that a dispute has arisen between us in relation to the Centre Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia.
GYM MEMBERSHIP TERMS
16. CONDITIONS OF GYM MEMBERSHIP
By accepting these Terms, you confirm that you:
- are medically sound to undertake a normal course of exercise;
- use the Centre gym facilities at your sole risk and responsibility; and
- are aware that exercise is physically demanding and participation in some activities may pose a risk to your health.
You must inform us immediately if:
- you become injured or a medical condition impacts upon your ability to undertake a normal course of exercise; and
- any of your contact details change.
17. GYM ACCESS
You can access the Centre gym 24 hours per day using a PRACC swipe card. Gym members can obtain a PRACC swipe card from the PRACC reception on payment of a $50 bond, which will be returned at the end of the membership.
If you lose your swipe card, the $50 bond payment will be forfeited. A replacement card can be obtained from the PRACC reception on payment of an additional $50 bond.
Your entry to the Centre gym is subject to you agreeing that you will not:
- use abusive or threatening language or behave in a threatening way;
- enter the gym if you are under the influence of drugs or alcohol;
- instruct other PRACC gym members or visitors without our prior written consent;
- take any photographs or film any videos in the Centre gym; or
- behave in a way that we consider (in our absolute discretion) to be risky or inappropriate.
When using the Gym, you must at all times:
- carry your swipe card and photographic ID, which you must present when reasonably requested by PRACC staff;
- wear fully enclosed, clean sports shoes and clean and tidy clothing, including a singlet or t-shirt; and
- use a towel when exercising on gym equipment.
Access to the Centre gym may be refused or withdrawn and your membership cancelled if:
- you breach these Terms or the conditions of entry to the Centre gym; or
- fees or payments are outstanding in relation to your PRACC Gym Membership.
From time to time, we may be required to make changes to the operation of the Centre gym, including by:
- changing the operating hours to suit demand;
- changing the availability of facilities or services within the Centre gym;
- closing off part of the premises or equipment for maintenance or safety reasons; or
- changing the conditions of entry to the Centre gym.
We will provide reasonable notice before doing so on the Centre gym notice boards, at reception, on our website or by email to you.
We sometimes film or photograph the Centre. By accepting these Terms, you consent to us using your image in promotional or other business-related material that may be published on the Internet or in other media.
18. USE OF CENTRE GYM EQUIPMENT
When using Centre gym equipment, you must:
- comply with all equipment operating and safety instructions that are published on or near to the equipment;
- if you are unsure of the correct use or operation of equipment, seek an induction or assistance from a PRACC staff member; and
- return equipment to its original state after you have finished using it.
19.COMPLAINT HANDLING PROCEDURE
If you become dissatisfied with an aspect of the PRACC Gym or your Gym Membership, you can submit your complaint by email to email@example.com. We will respond within 7 days and make every reasonable effort to resolve your complaint quickly and fairly.
PRACC MEMBERSHIP TERMS
20. PRACC MEMBERSHIP ENTITLEMENTS
On payment of the annual PRACC Membership fee, you will be entitled to:
- patronise and dine at the PRACC Bendigo Bar and Bistro;
- enter and use PRACC Member facilities (except for the Gym, which requires a PRACC Gym Membership); and
- discounted prices on certain PRACC products and services, as advertised by PRACC from time to time.
Our liquor licence requires that all PRACC patrons must be fully paid PRACC Members, guests of PRACC Members or visitors approved by PRACC. You agree to observe all PRACC requirements regarding inviting guests to our facilities.
We reserve the right to cancel your PRACC Memberships if you breach any of these Terms or behave in a manner that places PRACC employees, patrons or the Centre itself at risk. Any such cancellation of your PRACC Membership will not entitle you to a refund of your Membership fee.
21. REPRESENTATIONS, WARRANTIES AND FUNCTIONS LIABILITY
You agree that:
- making an enquiry on the Website does not automatically entitle you to a confirmed booking;
- we make no representation or warranty regarding the quality, safety, condition or suitability of any function space for any particular purpose;
- you will access and use the function space only for the agreed time period and for the purposes specifically permitted in your booking;
- you will abide by the PRACC conditions of entry and any special conditions attached to your function booking;
- you are solely responsible for the actions of you and your guests who use the function space during the booking, and that you will ensure their compliance with all of the conditions in these Terms and the booking;
- we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, any property or any injury to, or death of any person;
- event or circumstances beyond our reasonable control, including a requirement to cancel or reschedule the event due to changes in local or State Government regulations and legislation;
- acts or omissions of you, your guests or any third parties engaged by you in connection with the function;
- loss of or damage to any items provided by us to you in connection with the function; or
- 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; and
- To the maximum extent permitted by law, you indemnify us in relation to any loss, damage, cost, expense, action or liability suffered or incurred by, or brought, made or recovered by any person against us, in connection with the use by you, your guests or any third party of any function space in breach of these Terms, including loss or damage to any items provided by us to you in the course of the function and loss of or damage to any of your or your guests or third parties’ property left at the Centre prior to, during or after the function.
Effective date: 27 April 2021