Terms of Use & Privacy Policy

1. Description of Service

Fling allows users to:

• Discover participating gym facilities (“Partner Gyms”) in Australia.
• Purchase temporary day passes (ranging from 1 to 30 days) for access to Partner Gyms.
• Gain entry to Partner Gyms by scanning a digital pass within the App.
• Access these services without requiring a long-term gym membership.

2. Eligibility and Account Registration

• You must be at least 18 years old to use our Services.
• You must create an account to purchase and use gym passes. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Purchase of Passes and Payment

• Passes: All passes are purchased through the App. The duration of the pass (e.g., 1-day, 7-day, 30-day) and the price will be displayed at the time of purchase.
• Payment: You agree to pay all applicable fees for the passes you purchase. Payments are processed through a third-party payment processor. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method.
• No Refunds: Purchased passes are non-refundable and non-transferable, except as required by Australian Consumer Law.
• Activation and Expiry: Passes activate upon purchase or on a selected start date (if applicable) and expire at the end of the specified duration. The exact expiry date and time will be indicated on the pass within the App.
• Usage: Passes are for personal use only and grant access to the selected Partner Gym(s) according to their operating hours and general terms and conditions of entry, which you also agree to abide by.

4. “First Gym Fling Free” Promotion

• Eligible new users may receive their first gym pass free of charge, subject to the specific terms and conditions of this promotional offer as displayed within the App at the time of redemption.
• This offer is limited to one free pass per person and may be subject to change or withdrawal at Fling’s discretion.
• Fling reserves the right to refuse or cancel the promotional offer if we suspect any fraudulent activity or a breach of these Terms.

5. Access to and Use of Partner Gym Facilities

• Compliance with Gym Rules: When you access a Partner Gym, you must comply with all rules, policies, and regulations of that Partner Gym, including but not limited to health and safety guidelines, equipment usage, and codes of conduct. Failure to do so may result in your removal from the gym and suspension or termination of your Fling account.
• Assumption of Risk: You understand and agree that your use of Partner Gym facilities is at your own risk. Fling is an intermediary service providing access and is not responsible for the condition of the Partner Gym facilities or for any injuries, loss, or damage you may suffer while at a Partner Gym, except to the extent caused by our negligence or as otherwise provided under Australian Consumer Law.
• Reporting Issues: You agree to report any unsafe conditions or incidents at a Partner Gym to the gym staff immediately and, if appropriate, to Fling customer support.

6. User Conduct

You agree not to:

• Use the App or Services for any illegal or unauthorized purpose.
• Attempt to gain unauthorized access to the App, user accounts, or Partner Gyms.
• Interfere with the proper working of the App or Services.
• Misuse passes, including attempting to transfer them or use them fraudulently.
• Engage in any activity that could damage, disable, overburden, or impair the App or our Services.

7. Intellectual Property

All intellectual property rights in the App, Services, and its content (excluding User Content) are owned by or licensed to Viva Leisure Operations Pty Ltd. You may not copy, modify, distribute, sell, or lease any part of our App or Services, nor may you reverse engineer or attempt to extract the source code of the App, unless laws prohibit these restrictions or you have our written permission.

8. Termination

• We may suspend or terminate your access to the App and Services, in whole or in part, at our discretion, without notice or liability, for any reason, including if you breach these Terms.
• You may stop using our Services at any time by ceasing to use the App. If you wish to delete your account, please contact us.

9. Disclaimers and Limitation of Liability

• Service “As Is”: The App and Services are provided “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except for any guarantees, warranties, and conditions that cannot be excluded under the Australian Consumer Law.
• Limitation of Liability: To the fullest extent permitted by law, Viva Leisure Operations Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services, including Partner Gyms; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall Fling’s aggregate liability for all claims relating to the Services exceed the amount paid by you to Fling for the pass giving rise to the claim, or AUD $50, whichever is greater.
• Australian Consumer Law: Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.

10. Indemnification

You agree to indemnify and hold harmless Viva Leisure Operations Pty Ltd, their officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the App or Services, (ii) your violation of these Terms, or (iii) your use of Partner Gym facilities.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Australian Capital Territory and the Commonwealth of Australia, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the App, or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the App or Services after any such changes constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Viva Leisure Operations Pty Ltd
Head Office North Building, Level 3 DKSN 2.0
21-23 Challis Street
Dickson ACT 2602, Australia
Email: [email protected]

1. Information We Collect

We may collect the following types of personal information:

Personal Identification Information:

• Name
• Email address
• Phone number
• Date of birth (for age verification)
• Payment information (processed by our third-party payment gateway; we do not store full card details)

Location Data:

• With your explicit consent, your precise geolocation to help you find nearby Partner Gyms. You can disable location services through your device settings, but this may limit certain features of the App.

Usage Data:

• Information about how you use the App, including passes purchased, gyms accessed (including scan-in and scan-out times where applicable and available through gym systems), features used, and interaction with promotional offers.
• Device information (e.g., device type, operating system, IP address, unique device identifiers).

Communications:

• Records of your communications with us, such as customer support inquiries.

2. How We Use Your Information

We use the information we collect for the following purposes:

To Provide and Manage Services:

• To create and manage your user account.
• To process your pass purchases and payments.
• To facilitate your access to Partner Gyms (e.g., generating digital passes, validating entry).
• To display nearby Partner Gyms based on your location (with consent).
• To administer promotional offers, such as the “first gym fling free” promotion.

To Communicate With You:

• To send you transaction confirmations, receipts, and pass details.
• To provide customer support and respond to your inquiries.
• To send you service-related announcements, updates, security alerts, and administrative messages.

To Improve Our Services:

• To understand how users interact with our App and Services to enhance user experience and develop new features.
• For analytics and research purposes.

For Marketing and Promotional Purposes:

• With your consent, to send you information about new features, special offers, and other marketing communications related to Fling or Viva Leisure Operations Pty Ltd services that may be of interest to you. You can opt-out of these communications at any time.

To Comply with Legal Obligations:

• To comply with applicable laws, regulations, legal processes, or governmental requests.
• To enforce our Terms of Use and protect our rights, privacy, safety, or property, and/or that of our users or the public.

3. How We Share Your Information

We may share your personal information in the following circumstances:

With Partner Gyms:

• We share necessary information (such as your name and pass validity) with Partner Gyms to verify your pass and grant you access. Gyms may also record your entry and exit for their operational and safety purposes.

With Our Parent Company (Viva Leisure Operations Pty Ltd):

• We may share your information with our parent company, Viva Leisure Operations Pty Ltd, for administrative, operational, analytical, and, with your consent, marketing purposes consistent with this Privacy Policy and Viva Leisure Operations Pty Ltd’s privacy policies.

With Third-Party Service Providers:

• We engage third-party companies and individuals to perform services on our behalf, such as payment processing, data hosting, analytics, customer support, and marketing assistance. These providers will only have access to your personal information to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

For Legal Reasons:

• We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of Viva Leisure Operations Pty Ltd; prevent or investigate possible wrongdoing in connection with the Services; protect the personal safety of users of the Services or the public; or protect against legal liability.

Business Transfers:

• In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, your personal information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our App of any change in ownership or uses of your personal information.

4. Data Storage, Security, and Retention

Storage and Security: We take reasonable steps to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We use a variety of security technologies and procedures to help protect your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

International Transfers: Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Data Retention: We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, to comply with our legal obligations (e.g., if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

5. Your Rights and Choices (Access, Correction, Opt-Out)

Access and Correction: You have the right to access the personal information we hold about you and to request that we correct any inaccuracies. You can usually access and update some of your information directly within your account settings in the App. For other requests, please contact us.

Opt-Out of Marketing Communications: You can opt-out of receiving promotional emails from us by following the unsubscribe instructions provided in those emails or by contacting us. Even if you opt-out of marketing communications, we may still send you non-promotional messages, such as those related to your account or transactions.

Location Information: You can control or disable the collection of location information through your device settings or by disabling the location permission for the App.

Deletion: You may request the deletion of your account and personal information, subject to certain exceptions prescribed by law.

Complaints: If you believe we have breached the Australian Privacy Principles or mishandled your personal information, please contact us using the details below. We will take your complaint seriously and investigate it, and we will respond to you within a reasonable timeframe. If you are not satisfied with our response, you can complain to the Office of the Australian Information Commissioner (OAIC).

6. Cookies and Tracking Technologies

We may use cookies, beacons, tags, and scripts to collect and track information and to improve and analyze our Services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

7. Children's Privacy

Our Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information.

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date. We may also provide notice through the App or by email. You are advised to review this Privacy Policy periodically for any changes.

9. Contact Information

If you have any questions, concerns, or complaints about this Privacy Policy or our data practices, please contact us at:

Viva Leisure Operations Pty Ltd
Attn: Privacy Officer
Head Office North Building, Level 3 DKSN 2.0
21-23 Challis Street
Dickson ACT 2602, Australia
Email: [email protected]