Terms & Conditions

My Next Gym (‘we’, ‘us’, ‘our’) operates mynextgym.com.au, an online business directory specialising in listings for gyms, fitness centres, and personal trainers (‘the Directory’). These Terms & Conditions (‘Terms’) govern your access to and use of the Directory, including all content, features, and services offered through it.

These Terms apply to all visitors, users, and others who access the Directory, whether as a member of the public seeking fitness services (‘User’) or as a business or individual submitting or managing a listing (‘Listing Holder’).

We reserve the right to amend these Terms at any time. Continued use of the Directory following any amendment constitutes your acceptance of the revised Terms. The date of last update is shown at the top of this document.

The Directory may contain listings that have not been submitted, claimed, or verified by the business or individual named therein. These are referred to as ‘Unverified Listings’ or ‘Unclaimed Listings’.

All Unverified Listings are clearly labelled with a visible notice as illustrated above. By including such labels, we make no representation as to the accuracy of the information displayed. Users should treat Unverified Listings with appropriate caution.

The presence of an Unclaimed Listing does not constitute any endorsement, recommendation, or affiliation with the named business. If you are the owner of a business appearing as an Unclaimed Listing and wish to claim, correct, or remove it, please contact us using the details in Section 13.

Listings on this Directory are compiled from a variety of sources, which may include publicly available data, third-party data providers, user submissions, and direct submissions from businesses. We do not independently verify every listing.

Information displayed in any listing — including but not limited to business name, address, telephone number, email address, opening hours, pricing, qualifications, accreditations, and services offered — may be:

• Inaccurate, incomplete, or out of date
• Based on historical data that has not been refreshed
• Submitted by a third party without the knowledge or authorisation of the named business
• Subject to change by the business at any time without notice to us

Users are strongly encouraged to verify all information directly with the gym, fitness centre, or personal trainer before making any booking, purchase, or financial commitment.

Without limiting the foregoing, we expressly exclude all liability for:

• Any inaccuracy, error, or omission in any listing or other content on the Directory
• Any loss or damage arising from your reliance on information displayed in an Unclaimed or Unverified Listing
• Any financial loss, including fees paid to a listed gym or personal trainer, arising from inaccurate listing information
• Any personal injury, accident, or harm sustained at a facility listed on the Directory
• Any dispute between a User and a listed business or personal trainer
• Any failure, interruption, or unavailability of the Directory or any part of it
• Any loss of data, profits, revenue, goodwill, or anticipated savings
• Any indirect, consequential, special, or incidental loss of any kind

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded. Where liability cannot be excluded, our liability is limited to the fullest extent permitted by law.

All gyms, fitness centres, and personal trainers listed in the Directory are independent third parties. We are not a party to any contract, arrangement, or relationship between a User and any listed business.

We are not responsible for and make no representations or warranties regarding:

• The quality, safety, legality, or suitability of any services offered by listed businesses
• The professional qualifications, certifications, or insurance status of any listed personal trainer
• Whether any listed gym or facility holds current accreditations, licences, or complies with applicable health and safety regulations
• The conduct, acts, or omissions of any listed business, their staff, contractors, or agents

Users engage with any listed business entirely at their own risk. We strongly recommend that Users independently verify the qualifications, insurance, and suitability of any personal trainer before commencing any fitness programme, and inspect any gym or fitness facility before purchasing any membership or service.

By using the Directory, you agree that you will not:

• Use the Directory for any unlawful purpose or in any manner that violates applicable laws or regulations
• Attempt to circumvent, disable, or interfere with any security features of the Directory
• Scrape, harvest, or otherwise extract data from the Directory in bulk without our prior written consent
• Submit false, misleading, or defamatory reviews or content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use automated tools, bots, or scripts to interact with the Directory without our prior written consent

If you submit, claim, or manage a listing on the Directory, you warrant and represent that:

• All information you provide is accurate, complete, and not misleading
• You have the authority to submit or manage the listing on behalf of the business named
• Any qualifications, certifications, or accreditations stated are current, valid, and can be evidenced upon request
• You hold all necessary licences, insurance, and permissions required to operate the services described
• You will keep your listing information up to date and promptly notify us of any material changes

You agree to indemnify and hold us harmless from any claim, loss, damage, cost, or expense (including legal fees) arising from your breach of any of the above warranties, or from any inaccurate or misleading information contained in your listing.

Where the Directory permits Users to submit reviews, ratings, or other content, you grant us a non-exclusive, royalty-free, worldwide licence to publish, display, and moderate that content in connection with the Directory.

We do not endorse any user-submitted review or rating and accept no liability for the accuracy or fairness of any such content. We reserve the right to remove any content that we determine, in our sole discretion, to be defamatory, offensive, false, or otherwise inappropriate.

Reviewers must have had genuine direct experience with the business they are reviewing. Submitting a review on behalf of a competitor, or in exchange for payment or other benefit, is prohibited.

All content on the Directory that is not user-submitted or third-party data, including the site design, logo, layout, and original descriptive text, is the intellectual property of My Next Gym and is protected by applicable Australian copyright and intellectual property laws.

You may not reproduce, redistribute, or commercially exploit any content from the Directory without our prior written permission.

Our collection and use of personal information is governed by our separate Privacy Policy, which is incorporated into these Terms by reference. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using the Directory, you consent to the collection and use of your personal information as described in the Privacy Policy.

The Directory and all content within it are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all implied warranties including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, completeness, timeliness, or reliability of any listing or content
• The Directory being free from viruses or other harmful components

We do not warrant that the Directory will be uninterrupted or error-free. Access to the Directory may be suspended or restricted without notice for operational or other reasons.

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, except where the Australian Consumer Law or other mandatory laws provide otherwise.

If you have a complaint about the Directory, please contact us in the first instance using the details in Section 13. We will endeavour to resolve all complaints promptly and fairly.

For all enquiries, complaints, listing claims, takedown requests, or privacy matters, please contact: