TERMS OF SERVICE
ZEAL FITNESS TERMS OF SERVICE
Last updated and edited: 4 july 2026
1. About these TermsThese Terms of Service (Terms) are an agreement between you and Zeal Fitness Pty Ltd (ACN 689 264 604) (Zeal, we, us, our), with registered office at 3 Railway Street, Northcote, VIC.These Terms govern your use of the Zeal mobile application, our website at zeal.fit, and related services we make available to consumer users (together, the Services). They apply to gym members who use the Zeal app and to personal trainers who use the Services in their personal capacity.By creating an account, downloading the Zeal app, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.These Terms incorporate implicitly and by reference our Privacy Policy and Acceptable Use Policy as well as any rules included in the Zeal App, website or communications to you by Zeal. Please read those documents and information as well.
2. Who we areZeal Fitness Pty Ltd is an Australian company. We operate a fitness engagement and rewards platform designed to help Australian gym members build exercise consistency, belong to a community, and earn rewards intended to incentivise these outcomes.You can contact us at [email protected] for any matter relating to these Terms or your use of the Services.
3. Eligibility and your account
3.1 EligibilityYou must be at least 18 years old to use the Services.We may refuse access to anyone for any lawful reason and may verify age and identity where we consider it reasonable to do so.
3.2 Creating an accountTo use most features of the Services you need to register an account. When you do, you agree to:- Provide accurate, current, and complete information about yourself- Keep that information up to date- Create only one account for your own personal use- Keep your password secret and not share your account with anyone else- Promptly tell us at [email protected] if you suspect any unauthorised use of your account
3.3 Logging in via third-party accountsYou may register or log in using a third-party account such as Apple, Google, or other supported providers. If you do, you authorise us to use the information those providers share with us in accordance with our Privacy Policy. You remain subject to the third party's own terms when using their services.
4. The Services
4.1 What the Services doThe Zeal app is intended to help make exercise a habit. The Zeal App, among other functions, allows you to log gym and other activities, build streaks, earn points and rewards, participate in challenges, interact with the exercise community, and connect with personal trainers. The Zeal app lets you record outdoor activities such as walks, with GPS-tracked routes, distance, duration, and pace. We may use information about your activity to generate personalised insights, to help improve your exercise commitment. Some features rely on you granting permission on your device. Location services are used in two distinct ways: geofencing (to detect when you arrive at your registered gym for automatic session logging) and active GPS tracking (only when you start a recorded outdoor activity). Our Privacy Policy explains how location data is collected, stored, and shared, and how you can control it.
4.2 Cost to youUse of the Zeal app is currently free for gym members, unless we specifically tell you otherwise, in advance and you agree. We reserve the right to charge a fee for access to the Zeal App, however we must notify you of the proposed fee and you must agree.We reserve the right to introduce optional paid features and service levels in future. If we do, those features will be clearly identified and you will be told the price before you commit to them. We will never automatically charge you for new features without your explicit agreement. You will never lose any rewards entitlement(s) you have earned if you decide to discontinue using the Services because you do not agree to our proposed imposition of a charge. You may, however, lose any points that are insufficient to amount to any reward as at the date that the use of the Services is terminated. We will use our best endeavors to compensate you for such points.
4.3 Changes to the ServicesWe may add, remove, change, or temporarily suspend features of the Services from time to time, for example to improve the product, respond to security or technical issues, or comply with the law. Where a change has a material impact on you, we will give you reasonable notice where it is practical to do so.
4.4 Beta featuresFrom time to time we make features available as part of a beta release, early-access program, or pilot. These features are clearly identified and may be incomplete, unstable, or changed at short notice. Your use of beta features is at your own discretion. The protections you have under the Australian Consumer Law (see section 14) still apply.
5. Rewards MarketplaceThe Zeal Rewards Marketplace lets you redeem points you earn through gym attendance and other eligible activities for vouchers, products, and experiences from third-party reward partners.
5.1 Earning and redeeming pointsPoints are earned according to clause 6 of the Terms and the rules published in the Zeal app from time to time. We may change point values, earning rules, and the available rewards at any time, but we will not reduce points already credited to your account unless they were earned in breach of these Terms, the Acceptable Use Policy, or applicable law.
5.2 Reward partnersReward partners are third-party businesses. When you redeem a reward, you are entering into a separate transaction with that partner, governed by their terms and conditions. Zeal facilitates the redemption but is not the supplier of the underlying product or service.Where a reward partner fails to provide a redeemed reward, contact us at [email protected] and we will reasonably assist you. Your rights under the Australian Consumer Law against the reward partner are not affected by this clause.
5.3 Points have no cash valuePoints are not currency, not transferable, and have no cash value. They cannot be sold, exchanged for cash, or combined with another user's points. We may reset, forfeit, or adjust points where we reasonably believe they were earned in breach of these Terms our Acceptable Use Policy, other policy or the law.
6. Zeal Rewards Program
6.1 About the ProgramThe Zeal Rewards Program (Program) lets you earn points (Points) for activity on the Zeal platform and redeem them for rewards (Rewards). The Program forms part of the Terms. By earning or redeeming Points you agree to this section. The Program is operated by Zeal.
6.2 Earning Points You can earn Points through the earning actions we make available in the app from time to time, which may include verified gym attendance, completing challenges, community participation, referring friends, and bonus promotions. The ways you can earn Points are described in the app. The number of Points credited for an earning action is determined by us, may change from time to time, and is shown in the app when Points are credited. Points are only credited where the earning action is genuinely completed and verified by our systems. You do not need to enable location services on your device to participate in the Program, and earning actions are available that do not use location.
6.3 Attendance verification Attendance Points are earned only for genuine gym sessions verified through the app. We support more than one verification method, and the methods available to you are shown in the app. A session must meet the minimum duration published in the app to qualify, and a maximum of one qualifying session is counted per calendar day. We may decline to credit Points for sessions that cannot be verified.
6.4 Streaks, multipliers and freezesThe app may apply multipliers to attendance Points based on your consistency over consecutive weeks. Multipliers apply to attendance Points only and do not apply to challenge, community, referral or bonus Points. The qualifying criteria, multiplier levels, reset conditions and any streak freeze allowance are published in the app. A streak freeze, where available, protects your streak for a missed period in accordance with the published rules.
6.5 Earning caps Caps apply to certain earning categories, including daily limits on community engagement Points and monthly limits on referral Points, as published in the app. Points will not be credited beyond an applicable cap, and Points credited in error beyond a cap may be reversed.
6.6 Referrals Referral Points are credited in stages: part when your referred friend joins Zeal using your referral, and the balance when they complete their first verified gym session. Referral Points are subject to a redemption hold of 30 days from crediting and until the referred member has completed at least 2 verified sessions. Referral Points are only payable for genuine new members. We may reverse referral Points where the referred account is fake, duplicated, created primarily to generate Points, or is cancelled or found to be fraudulent during the hold period. A cap applies to the number of successful referrals that earn Points in any month, as published in the app.
6.7 Bonus and surprise rewards We may from time to time offer bonus Points, surprise rewards, or limited-time promotions, including rewards awarded on a random basis. These are discretionary, may be targeted to particular members or periods, and do not create any ongoing entitlement. Where a promotion involves a prize draw or game of chance, the promotion will have its own terms, which will apply in addition to this section. Apple is not a sponsor of, and is not involved in any manner with, any contest, sweepstakes or promotion offered through the app.
6.8 Nature of Points Points have no cash value and are not your property. Points cannot be purchased, cannot be sold, transferred or exchanged between accounts, cannot be redeemed for cash, and are not a deposit or financial product. Points are a discretionary benefit we provide under these Terms. Your Points balance is personal to your account.
6.9 Redeeming PointsPoints can be redeemed for Rewards at the Points prices published in the app at the time of redemption. Reward availability may vary and some Rewards may be limited in quantity, limited per member, or available only to certain membership tiers. Rewards supplied by partner businesses are subject to that partner's terms of use, and gift cards or vouchers are subject to the issuer's terms and any expiry rules required by the Australian Consumer Law. Once a redemption is processed it cannot be reversed and the Points spent will not be re-credited, except where required by law or where the Reward was not supplied.
6.10 Points expiry Points expire 12 months after the date they are earned. Each calendar month in which you complete at least one verified session extends the expiry date of every Point in your account by one further month, with no limit on the number of extensions. This means that while you remain active, your Points do not expire. We will take reasonable steps to remind you before Points expire, including in-app or by the contact methods you have enabled, so you can redeem them or extend them through activity. Expired Points are forfeited and will not be reinstated. If your account is closed, whether by you or by us under these Terms, any unredeemed Points are forfeited on closure.
6.11 Program integrityWe may withhold, reverse or cancel Points, and may suspend Program access, where we reasonably believe Points were earned through fraud, location spoofing, automation, account manipulation, abuse of referral mechanics, or any other conduct designed to earn Points other than through genuine activity. Unusual earning patterns may be held for manual review before Points are credited or redeemable. If you believe we have made an error, contact [email protected] and we will review the decision.
6.12 Changes to the ProgramWe may change earning actions, Point values, caps, Reward availability and Reward pricing at any time by updating the app. If we make a change that materially reduces the value of Points you have already earned, or we end the Program, we will give you at least 30 days' notice, and your existing Points will remain redeemable at no less than their pre-change value during that notice period. The two features in clause 6.8 that Points cannot be purchased and cannot be redeemed for cash are permanent features of the Program and will not be changed.
6.13 Contact Questions about the Program can be sent to [email protected]. 7. Personal trainer interactionsThe Services allow you to discover and connect with personal trainers (PTs). PTs are independent service providers, not employees, agents, or contractors of Zeal. Any training agreement, payment, or service arrangement is between you and the PT directly.We do not verify the credentials, qualifications, or insurance of every PT on the platform. PTs are required to accurately represent themselves under our Acceptable Use Policy, but you should make your own judgement before engaging a PT, including by asking about their qualifications and insurance.If a PT behaves in a way that breaches our Acceptable Use Policy, please report it to [email protected]. 8. Your gym and your accountMany features of the Services depend on your gym being a Zeal Engage subscriber. If your gym stops subscribing to Zeal Engage, or if you change gyms, certain features of your Zeal App and account may change. These are usually location specific features, for example, gym-specific community feeds, challenges, and gym specific rewards may no longer be available.Your earned points and your account remain yours, subject to these Terms.
Your gym may have access to information about your activity at that gym, including attendance, engagement scores, and session feedback. We explain what is shared in our Privacy Policy. Your gym is responsible for handling that information in accordance with its own privacy obligations. 9. Your content and licence to us 9.1 What is your content"Your Content" means anything you post, upload, share, or otherwise make available through the Services, including text, photos, videos, comments, posts, ratings, feedback, and messages. 9.2 You own your contentYou retain ownership of Your Content. 9.3 Licence to ZealBy posting Your Content to the Services you grant Zeal a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, distribute, and otherwise use Your Content for the purpose of operating, promoting, and improving the Services. This licence is limited to what is reasonably necessary to provide the Services and to support related activities such as featuring community content in Zeal marketing, in accordance with your privacy settings.The licence ends when you delete Your Content or close your account, except that we may retain copies as reasonably necessary for technical reasons (such as backups), to comply with legal obligations, or to enforce these Terms. 9.4 Your representations about your contentYou represent that:- You own or have the rights to post Your Content- Your Content does not breach any third party's rights, including intellectual property rights and privacy- Your Content complies with these Terms and our Acceptable Use Policy 9.5 We may moderate contentWe may, but are not required to, review, hide, remove, or refuse to display content that we reasonably believe breaches these Terms, our Acceptable Use Policy, or applicable law. Section 11 of the Acceptable Use Policy explains how we make those decisions and how you can appeal. 10. Acceptable useYour use of the Services is subject to our Acceptable Use Policy. The Acceptable Use Policy is incorporated into these Terms and you agree to comply with it. Breach of the Acceptable Use Policy is a breach of these Terms.In summary, and without limiting the application of any of the terms of The Acceptable Use Policy, you agree not to:- Falsify attendance, spoof your location, share your account, or otherwise manipulate the Services for rewards or status- Harass, threaten, or harm another user, PT, or gym staff member- Post content that is illegal, harmful, hateful, sexual, or otherwise prohibited under our Acceptable Use Policy- Promote or sell prohibited goods, including performance-enhancing drugs- Attempt to access the Services in any unauthorised way, or interfere with their security or operation 11. PrivacyYour privacy matters to us. Our Privacy Policy explains what personal information we collect, how we use and share it, your rights and choices, and how to contact us about a privacy concern. By using the Services you agree we may handle your information in accordance with our Privacy Policy. 12. Third-party services and linksThe Services may link to or integrate with third-party services such as authentication providers, payment platforms, app stores, push notification services, and reward partners. Your use of those third-party services is governed by their own terms and privacy policies.Zeal is not responsible for the content, accuracy, availability, or practices of third parties. Your dealings with third parties are between you and them. Your rights under the Australian Consumer Law against any third-party supplier are not affected by this clause. 13. Intellectual propertyThe Services, including all software, content, design, branding, and underlying technology, are owned by Zeal or our licensors and are protected by intellectual property laws.We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms. You may not:Copy, modify, distribute, sell, or lease any part of the ServicesReverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent that this restriction is unenforceable under lawUse any data scraping, automated extraction, or similar techniques against the ServicesUse Zeal trademarks, logos, or brand assets without our written permission 13.1 Notifying us of infringementIf you believe content on the Services infringes your intellectual property rights, contact us at [email protected] with:- Your name and contact details- Identification of the work you say is infringed- Identification of the allegedly infringing content and where it appears on the Services- A statement that you believe in good faith that the use is not authorised- A statement that the information you have provided is accurate 14. Your feedbackIf you give us feedback, suggestions, or ideas about the Services, you grant us a perpetual, royalty-free, worldwide licence to use that feedback to improve the Services. We will not be obligated to credit you, compensate you, or treat the feedback as confidential. Do not send us feedback you are not willing to license to us on this basis. 15. Australian Consumer LawIf you are a consumer under the Australian Consumer Law (ACL), the Services come with consumer guarantees that cannot be excluded under Australian law. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy conferred on you by the ACL or any other law that cannot lawfully be excluded, restricted, or modified.Where the Services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of a consumer guarantee is limited (to the extent permitted by law) to supplying the Services again or paying the cost of having the Services supplied again. 16. Liability and inherent risks of physical activity 16.1 Inherent risks of physical activityNo information provided, published or conveyed to you by or on our behalf constitutes medical or health advice.You should consult your health professional before undertaking any exercise or exercise regime, especially if you have a pre-existing condition.You acknowledge that exercise, physical activity, including gym training, walking, and other outdoor activities you may record through the Services, carries inherent risks of injury. Outdoor activities also involve risks specific to the environment, including traffic, weather, terrain, lighting, and the conduct of other people. Participating in any physical activity is always your own choice and responsibility, including the choice of where, when, and how to undertake the activity.The Services are not a substitute for medical advice. Information shown in the Services, whether generated by Zeal, posted by other users, or shared by PTs or gyms, is not professional medical, allied health, or nutrition advice. If you experience a medical emergency, call 000. 16.2 Limits of our liabilitySubject to section 14 (Australian Consumer Law), and to the extent permitted by law:- We are not liable for any injury, illness, or harm you may suffer in the course of physical activity, except to the extent that the harm is caused by our negligence or breach of these Terms- We are not liable for the conduct of third parties on the Services, including other users, PTs, gyms, and reward partners, except to the extent caused by our own negligence or breach of these Terms- We are not liable for indirect or consequential loss, loss of profit, loss of opportunity, or loss of data, except to the extent this exclusion is not permitted by law- Where our liability cannot be excluded but can be limited, our total aggregate liability to you under or in connection with these Terms is limited to AUD $100 or the amount you have paid us in the twelve months before the event giving rise to the liability, whichever is greater. This limit does not apply to any liability that cannot be limited under the Australian Consumer Law or other applicable law. 17. IndemnityYou agree to indemnify Zeal against any direct loss, damage, or cost (including reasonable legal costs) we suffer as a result of:- Your breach of these Terms or our Acceptable Use Policy- Your fraud or wilful misconduct- A third-party claim that Your Content infringes that third party's rightsThis indemnity is reduced to the extent the loss is caused by Zeal's negligence or breach of these Terms, and does not apply to losses that are too remote or that you could not reasonably have foreseen. 18. Suspension and termination 18.1 By youYou can close your account at any time through the app settings or by contacting [email protected]. Closing your account will end your right to use the Services. We will handle your personal information in accordance with our Privacy Policy. 18.2 By usWe may suspend or terminate your account if:- You materially breach these Terms or our Acceptable Use Policy- You commit fraud or engage in conduct we reasonably believe to be unlawful- We are required to do so by law, regulation, or a binding order- You have not used the account for an extended period and we have given you reasonable notice- Significant technical or security reasons make it necessary- Where it is reasonable and lawful to do so, we will give you notice and an opportunity to address the issue before suspending or terminating your account. For serious breaches (including child safety, threats of violence, fraud, or platform integrity offences under section 5 of the Acceptable Use Policy) we may act immediately and without prior notice. 18.3 Effect of terminationOn termination of your account:- Your access to the Services ends- Your personal information will be handled in accordance with our Privacy Policy- Any unredeemed points may be forfeited, particularly where points were earned in breach of these Terms- Sections of these Terms that by their nature should survive termination (including Your Content licence to the extent of any continuing use, intellectual property, indemnity, liability, dispute resolution, and governing law) continue to apply 19. Resolving disputesIf you have a complaint or dispute with us, please contact us first at [email protected] so we have an opportunity to resolve it. We aim to acknowledge your complaint within 5 business days and to respond substantively within a reasonable period after that.If we cannot resolve your complaint informally, both of us will try to resolve the dispute in good faith before starting any legal proceedings. This process does not prevent you from exercising your legal rights pursuant to law. 20. Governing and applicable law and jurisdictionThese Terms are governed by the laws of the State of Victoria, Australia. You and Zeal submit to the non-exclusive jurisdiction of the courts of Victoria and the federal courts of Australia.The Services are operated from Australia and are intended for use by people in Australia. If you choose to access the Services from outside Australia, you are responsible for compliance with any applicable Australian laws. If you are located outside Australia and do so choose, you accept that Zeal may not be able to supply all of the offered services, and any service to you is at the discretion of Zeal. As Zeal is not intended for consumption outside Australia, it is not bound by laws, in any jurisdiction other than Australia. 21. Changes to these TermsWe may update these Terms from time to time. Where a change is material (for example, a change that significantly affects your rights or obligations), we will tell you in advance through the app, by email, or another reasonable means, and give you the opportunity to review the new Terms before they take effect.If you do not agree to a material change to these Terms, your remedy is to stop using the Services and close your account. Your continued use of the Services after a change takes effect indicates your acceptance of the updated Terms. 22. GeneralThese Terms (together with all Zeal policies and terms including our Privacy Policy and Acceptable Use Policy) are the entire agreement between you and Zeal in relation to your use of the ServicesIf any provision of these Terms is found to be invalid, unenforceable, or void (for example, as an unfair contract term under the Australian Consumer Law), that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining Terms will continue in full forceOur failure to enforce any provision of these Terms is not a waiver of our right to do so laterYou may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a corporate transaction or restructuring, on reasonable noticeNo agency, partnership, joint venture, or employment relationship exists between you and Zeal as a result of these TermsNotices we give you may be by email, in-app notification, or by posting on zeal.fit. Notices to us must be sent to [email protected] 23. Contact usZeal Fitness Pty LtdACN 689 264 6043 Railway Street, Northcote, VICEmail: [email protected]
6.1 About the ProgramThe Zeal Rewards Program (Program) lets you earn points (Points) for activity on the Zeal platform and redeem them for rewards (Rewards). The Program forms part of the Terms. By earning or redeeming Points you agree to this section. The Program is operated by Zeal.
6.2 Earning Points You can earn Points through the earning actions we make available in the app from time to time, which may include verified gym attendance, completing challenges, community participation, referring friends, and bonus promotions. The ways you can earn Points are described in the app. The number of Points credited for an earning action is determined by us, may change from time to time, and is shown in the app when Points are credited. Points are only credited where the earning action is genuinely completed and verified by our systems. You do not need to enable location services on your device to participate in the Program, and earning actions are available that do not use location.
6.3 Attendance verification Attendance Points are earned only for genuine gym sessions verified through the app. We support more than one verification method, and the methods available to you are shown in the app. A session must meet the minimum duration published in the app to qualify, and a maximum of one qualifying session is counted per calendar day. We may decline to credit Points for sessions that cannot be verified.
6.4 Streaks, multipliers and freezesThe app may apply multipliers to attendance Points based on your consistency over consecutive weeks. Multipliers apply to attendance Points only and do not apply to challenge, community, referral or bonus Points. The qualifying criteria, multiplier levels, reset conditions and any streak freeze allowance are published in the app. A streak freeze, where available, protects your streak for a missed period in accordance with the published rules.
6.5 Earning caps Caps apply to certain earning categories, including daily limits on community engagement Points and monthly limits on referral Points, as published in the app. Points will not be credited beyond an applicable cap, and Points credited in error beyond a cap may be reversed.
6.6 Referrals Referral Points are credited in stages: part when your referred friend joins Zeal using your referral, and the balance when they complete their first verified gym session. Referral Points are subject to a redemption hold of 30 days from crediting and until the referred member has completed at least 2 verified sessions. Referral Points are only payable for genuine new members. We may reverse referral Points where the referred account is fake, duplicated, created primarily to generate Points, or is cancelled or found to be fraudulent during the hold period. A cap applies to the number of successful referrals that earn Points in any month, as published in the app.
6.7 Bonus and surprise rewards We may from time to time offer bonus Points, surprise rewards, or limited-time promotions, including rewards awarded on a random basis. These are discretionary, may be targeted to particular members or periods, and do not create any ongoing entitlement. Where a promotion involves a prize draw or game of chance, the promotion will have its own terms, which will apply in addition to this section. Apple is not a sponsor of, and is not involved in any manner with, any contest, sweepstakes or promotion offered through the app.
6.8 Nature of Points Points have no cash value and are not your property. Points cannot be purchased, cannot be sold, transferred or exchanged between accounts, cannot be redeemed for cash, and are not a deposit or financial product. Points are a discretionary benefit we provide under these Terms. Your Points balance is personal to your account.
6.9 Redeeming PointsPoints can be redeemed for Rewards at the Points prices published in the app at the time of redemption. Reward availability may vary and some Rewards may be limited in quantity, limited per member, or available only to certain membership tiers. Rewards supplied by partner businesses are subject to that partner's terms of use, and gift cards or vouchers are subject to the issuer's terms and any expiry rules required by the Australian Consumer Law. Once a redemption is processed it cannot be reversed and the Points spent will not be re-credited, except where required by law or where the Reward was not supplied.
6.10 Points expiry Points expire 12 months after the date they are earned. Each calendar month in which you complete at least one verified session extends the expiry date of every Point in your account by one further month, with no limit on the number of extensions. This means that while you remain active, your Points do not expire. We will take reasonable steps to remind you before Points expire, including in-app or by the contact methods you have enabled, so you can redeem them or extend them through activity. Expired Points are forfeited and will not be reinstated. If your account is closed, whether by you or by us under these Terms, any unredeemed Points are forfeited on closure.
6.11 Program integrityWe may withhold, reverse or cancel Points, and may suspend Program access, where we reasonably believe Points were earned through fraud, location spoofing, automation, account manipulation, abuse of referral mechanics, or any other conduct designed to earn Points other than through genuine activity. Unusual earning patterns may be held for manual review before Points are credited or redeemable. If you believe we have made an error, contact [email protected] and we will review the decision.
6.12 Changes to the ProgramWe may change earning actions, Point values, caps, Reward availability and Reward pricing at any time by updating the app. If we make a change that materially reduces the value of Points you have already earned, or we end the Program, we will give you at least 30 days' notice, and your existing Points will remain redeemable at no less than their pre-change value during that notice period. The two features in clause 6.8 that Points cannot be purchased and cannot be redeemed for cash are permanent features of the Program and will not be changed.
6.13 Contact Questions about the Program can be sent to [email protected]. 7. Personal trainer interactionsThe Services allow you to discover and connect with personal trainers (PTs). PTs are independent service providers, not employees, agents, or contractors of Zeal. Any training agreement, payment, or service arrangement is between you and the PT directly.We do not verify the credentials, qualifications, or insurance of every PT on the platform. PTs are required to accurately represent themselves under our Acceptable Use Policy, but you should make your own judgement before engaging a PT, including by asking about their qualifications and insurance.If a PT behaves in a way that breaches our Acceptable Use Policy, please report it to [email protected]. 8. Your gym and your accountMany features of the Services depend on your gym being a Zeal Engage subscriber. If your gym stops subscribing to Zeal Engage, or if you change gyms, certain features of your Zeal App and account may change. These are usually location specific features, for example, gym-specific community feeds, challenges, and gym specific rewards may no longer be available.Your earned points and your account remain yours, subject to these Terms.
Your gym may have access to information about your activity at that gym, including attendance, engagement scores, and session feedback. We explain what is shared in our Privacy Policy. Your gym is responsible for handling that information in accordance with its own privacy obligations. 9. Your content and licence to us 9.1 What is your content"Your Content" means anything you post, upload, share, or otherwise make available through the Services, including text, photos, videos, comments, posts, ratings, feedback, and messages. 9.2 You own your contentYou retain ownership of Your Content. 9.3 Licence to ZealBy posting Your Content to the Services you grant Zeal a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, distribute, and otherwise use Your Content for the purpose of operating, promoting, and improving the Services. This licence is limited to what is reasonably necessary to provide the Services and to support related activities such as featuring community content in Zeal marketing, in accordance with your privacy settings.The licence ends when you delete Your Content or close your account, except that we may retain copies as reasonably necessary for technical reasons (such as backups), to comply with legal obligations, or to enforce these Terms. 9.4 Your representations about your contentYou represent that:- You own or have the rights to post Your Content- Your Content does not breach any third party's rights, including intellectual property rights and privacy- Your Content complies with these Terms and our Acceptable Use Policy 9.5 We may moderate contentWe may, but are not required to, review, hide, remove, or refuse to display content that we reasonably believe breaches these Terms, our Acceptable Use Policy, or applicable law. Section 11 of the Acceptable Use Policy explains how we make those decisions and how you can appeal. 10. Acceptable useYour use of the Services is subject to our Acceptable Use Policy. The Acceptable Use Policy is incorporated into these Terms and you agree to comply with it. Breach of the Acceptable Use Policy is a breach of these Terms.In summary, and without limiting the application of any of the terms of The Acceptable Use Policy, you agree not to:- Falsify attendance, spoof your location, share your account, or otherwise manipulate the Services for rewards or status- Harass, threaten, or harm another user, PT, or gym staff member- Post content that is illegal, harmful, hateful, sexual, or otherwise prohibited under our Acceptable Use Policy- Promote or sell prohibited goods, including performance-enhancing drugs- Attempt to access the Services in any unauthorised way, or interfere with their security or operation 11. PrivacyYour privacy matters to us. Our Privacy Policy explains what personal information we collect, how we use and share it, your rights and choices, and how to contact us about a privacy concern. By using the Services you agree we may handle your information in accordance with our Privacy Policy. 12. Third-party services and linksThe Services may link to or integrate with third-party services such as authentication providers, payment platforms, app stores, push notification services, and reward partners. Your use of those third-party services is governed by their own terms and privacy policies.Zeal is not responsible for the content, accuracy, availability, or practices of third parties. Your dealings with third parties are between you and them. Your rights under the Australian Consumer Law against any third-party supplier are not affected by this clause. 13. Intellectual propertyThe Services, including all software, content, design, branding, and underlying technology, are owned by Zeal or our licensors and are protected by intellectual property laws.We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms. You may not:Copy, modify, distribute, sell, or lease any part of the ServicesReverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent that this restriction is unenforceable under lawUse any data scraping, automated extraction, or similar techniques against the ServicesUse Zeal trademarks, logos, or brand assets without our written permission 13.1 Notifying us of infringementIf you believe content on the Services infringes your intellectual property rights, contact us at [email protected] with:- Your name and contact details- Identification of the work you say is infringed- Identification of the allegedly infringing content and where it appears on the Services- A statement that you believe in good faith that the use is not authorised- A statement that the information you have provided is accurate 14. Your feedbackIf you give us feedback, suggestions, or ideas about the Services, you grant us a perpetual, royalty-free, worldwide licence to use that feedback to improve the Services. We will not be obligated to credit you, compensate you, or treat the feedback as confidential. Do not send us feedback you are not willing to license to us on this basis. 15. Australian Consumer LawIf you are a consumer under the Australian Consumer Law (ACL), the Services come with consumer guarantees that cannot be excluded under Australian law. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy conferred on you by the ACL or any other law that cannot lawfully be excluded, restricted, or modified.Where the Services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of a consumer guarantee is limited (to the extent permitted by law) to supplying the Services again or paying the cost of having the Services supplied again. 16. Liability and inherent risks of physical activity 16.1 Inherent risks of physical activityNo information provided, published or conveyed to you by or on our behalf constitutes medical or health advice.You should consult your health professional before undertaking any exercise or exercise regime, especially if you have a pre-existing condition.You acknowledge that exercise, physical activity, including gym training, walking, and other outdoor activities you may record through the Services, carries inherent risks of injury. Outdoor activities also involve risks specific to the environment, including traffic, weather, terrain, lighting, and the conduct of other people. Participating in any physical activity is always your own choice and responsibility, including the choice of where, when, and how to undertake the activity.The Services are not a substitute for medical advice. Information shown in the Services, whether generated by Zeal, posted by other users, or shared by PTs or gyms, is not professional medical, allied health, or nutrition advice. If you experience a medical emergency, call 000. 16.2 Limits of our liabilitySubject to section 14 (Australian Consumer Law), and to the extent permitted by law:- We are not liable for any injury, illness, or harm you may suffer in the course of physical activity, except to the extent that the harm is caused by our negligence or breach of these Terms- We are not liable for the conduct of third parties on the Services, including other users, PTs, gyms, and reward partners, except to the extent caused by our own negligence or breach of these Terms- We are not liable for indirect or consequential loss, loss of profit, loss of opportunity, or loss of data, except to the extent this exclusion is not permitted by law- Where our liability cannot be excluded but can be limited, our total aggregate liability to you under or in connection with these Terms is limited to AUD $100 or the amount you have paid us in the twelve months before the event giving rise to the liability, whichever is greater. This limit does not apply to any liability that cannot be limited under the Australian Consumer Law or other applicable law. 17. IndemnityYou agree to indemnify Zeal against any direct loss, damage, or cost (including reasonable legal costs) we suffer as a result of:- Your breach of these Terms or our Acceptable Use Policy- Your fraud or wilful misconduct- A third-party claim that Your Content infringes that third party's rightsThis indemnity is reduced to the extent the loss is caused by Zeal's negligence or breach of these Terms, and does not apply to losses that are too remote or that you could not reasonably have foreseen. 18. Suspension and termination 18.1 By youYou can close your account at any time through the app settings or by contacting [email protected]. Closing your account will end your right to use the Services. We will handle your personal information in accordance with our Privacy Policy. 18.2 By usWe may suspend or terminate your account if:- You materially breach these Terms or our Acceptable Use Policy- You commit fraud or engage in conduct we reasonably believe to be unlawful- We are required to do so by law, regulation, or a binding order- You have not used the account for an extended period and we have given you reasonable notice- Significant technical or security reasons make it necessary- Where it is reasonable and lawful to do so, we will give you notice and an opportunity to address the issue before suspending or terminating your account. For serious breaches (including child safety, threats of violence, fraud, or platform integrity offences under section 5 of the Acceptable Use Policy) we may act immediately and without prior notice. 18.3 Effect of terminationOn termination of your account:- Your access to the Services ends- Your personal information will be handled in accordance with our Privacy Policy- Any unredeemed points may be forfeited, particularly where points were earned in breach of these Terms- Sections of these Terms that by their nature should survive termination (including Your Content licence to the extent of any continuing use, intellectual property, indemnity, liability, dispute resolution, and governing law) continue to apply 19. Resolving disputesIf you have a complaint or dispute with us, please contact us first at [email protected] so we have an opportunity to resolve it. We aim to acknowledge your complaint within 5 business days and to respond substantively within a reasonable period after that.If we cannot resolve your complaint informally, both of us will try to resolve the dispute in good faith before starting any legal proceedings. This process does not prevent you from exercising your legal rights pursuant to law. 20. Governing and applicable law and jurisdictionThese Terms are governed by the laws of the State of Victoria, Australia. You and Zeal submit to the non-exclusive jurisdiction of the courts of Victoria and the federal courts of Australia.The Services are operated from Australia and are intended for use by people in Australia. If you choose to access the Services from outside Australia, you are responsible for compliance with any applicable Australian laws. If you are located outside Australia and do so choose, you accept that Zeal may not be able to supply all of the offered services, and any service to you is at the discretion of Zeal. As Zeal is not intended for consumption outside Australia, it is not bound by laws, in any jurisdiction other than Australia. 21. Changes to these TermsWe may update these Terms from time to time. Where a change is material (for example, a change that significantly affects your rights or obligations), we will tell you in advance through the app, by email, or another reasonable means, and give you the opportunity to review the new Terms before they take effect.If you do not agree to a material change to these Terms, your remedy is to stop using the Services and close your account. Your continued use of the Services after a change takes effect indicates your acceptance of the updated Terms. 22. GeneralThese Terms (together with all Zeal policies and terms including our Privacy Policy and Acceptable Use Policy) are the entire agreement between you and Zeal in relation to your use of the ServicesIf any provision of these Terms is found to be invalid, unenforceable, or void (for example, as an unfair contract term under the Australian Consumer Law), that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining Terms will continue in full forceOur failure to enforce any provision of these Terms is not a waiver of our right to do so laterYou may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a corporate transaction or restructuring, on reasonable noticeNo agency, partnership, joint venture, or employment relationship exists between you and Zeal as a result of these TermsNotices we give you may be by email, in-app notification, or by posting on zeal.fit. Notices to us must be sent to [email protected] 23. Contact usZeal Fitness Pty LtdACN 689 264 6043 Railway Street, Northcote, VICEmail: [email protected]