Effective Date: 5th August 2026
These Terms of Use apply to J.I.M Services Pty Ltd (ACN 674 475 275) (including our affiliated and/or associated entities and authorised franchisees) (J.I.M Services, we, us or our) website (https://joyinmovement.com.au) (Our Website) and the J.I.M app (Our App). These Terms of Use also apply to the content or material contained on Our App and Our Website, accessed via links from Our Website or that we provide to you (Our Information). By making a booking or purchasing a membership through Our Website or Our App, you agree to be bound by our Membership Agreement, which will govern your participation in our classes and use of our studio facilities.
By accessing Our Website and/or Our App you agree to be bound by these Terms of Use. These Terms of Use constitute a binding agreement between you and J.I.M Services and govern your use of Our Website and Our App. If you do not agree to these Terms of Use, you must not access or use Our Website or Our App.
We reserve the right to modify, amend, or update these Terms of Use at any time in our sole discretion. If we make material changes to these Terms of Use, we will notify you by: (a) posting the updated Terms of Use on Our Website with a revised “Effective Date” at the top; (b) providing notice through Our App; and/or (c) sending you an email to the address associated with your account (if any). It is your responsibility to review these Terms of Use periodically for any changes.
Your continued use of Our Website or Our App following the posting of any changes constitutes your acceptance of such changes. If you do not agree to the modified Terms of Use, you must stop using Our Website and Our App and, if applicable, cancel your account. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except for changes addressing new functions or changes made for legal reasons, which will be effective immediately.
As part of these Website & App Terms of Use your use of this site is also subject to our Privacy Policy, which sets out how we collect, use, disclose, and store your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy is located at www.joyinmovement.com.au/privacy-policy and is incorporated by reference into these Website & App Terms of Use.
Our Website and Our App use cookies and similar tracking technologies (such as pixels, beacons, and local storage) to enhance your experience, analyse usage patterns, and deliver personalised content. By using Our Website or Our App, you consent to the use of these technologies in accordance with our Privacy Policy. You may disable cookies through your browser or device settings; however, doing so may affect the functionality of Our Website or Our App. For more information about the types of cookies we use and how to manage your preferences, please refer to our Privacy Policy.
All content, materials, and information available on Our Website and Our App, including but not limited to text, graphics, logos, icons, images, audio and video clips, workout routines, class content, software, and compilations thereof (collectively, Our Content), are the property of J.I.M Services or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Our Website, Our App, and Our Content solely for your personal, non-commercial purposes. This licence does not include the right to: (a) copy, reproduce, distribute, publish, display, perform, or create derivative works from Our Content; (b) modify, reverse engineer, decompile, or disassemble any software or technology underlying Our Website or Our App; (c) use any data mining, robots, or similar data gathering or extraction methods; (d) download or store Our Content (other than page caching) without our prior written consent; (e) use Our Content for any commercial purpose or for public display; or (f) remove, alter, or obscure any copyright, trademark, or other proprietary notices.
The “J.I.M” name, “Joy in Movement” name, and all related names, logos, product and service names, designs, and slogans are trademarks of J.I.M Services or our affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Our Website or Our App are the trademarks of their respective owners.
Our services and prices are listed on Our Website and Our App. These prices may change from time-to-time. Unless otherwise specified the price includes GST. You must pay for our services in accordance with the payment terms prescribed on Our Website and Our App from time to time. We reserve the right to exclude you from participating in any services that you have failed to pay for.
In using Our Website and Our App, you agree that you will not:
(a) use Our Website or Our App for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
(b) attempt to gain unauthorised access to Our Website, Our App, other user accounts, or any computer systems or networks connected to Our Website or Our App;
(c) interfere with or disrupt the operation of Our Website, Our App, or any servers or networks used to make them available, including by transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
(d) share your account credentials with any third party, permit any third party to access your account, or otherwise transfer your account;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(f) misrepresent your age, health status, or fitness level when using Our Website, Our App, or our services;
(g) use Our Website or Our App to transmit, distribute, or store material that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable;
(h) use any automated means, including scripts, bots, spiders, crawlers, or scrapers, to access Our Website or Our App or collect any information therefrom;
(i) engage in any conduct that could damage, disable, overburden, or impair our servers or networks; or
(j) use Our Website or Our App in any manner that could interfere with any other party’s use and enjoyment of Our Website, Our App, or our services.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting such violations to law enforcement authorities.
Our Website and Our App are not intended for use by individuals under the age of 13. By using Our Website or Our App, you represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Use on your behalf and consents to your use of Our Website and Our App. We reserve the right to terminate or restrict access to any account if we reasonably believe this age requirement have not been met.
Our Website and Our App may contain links to third-party websites, applications, or services that are not owned or controlled by J.I.M Services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that J.I.M Services shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party sites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
To access certain features of Our Website or Our App, you may be required to create an account. When registering for an account, you agree to: (a) provide accurate, current, and complete information as prompted by the registration form; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the confidentiality of your password and accept responsibility for all activities that occur under your account; (d) notify us immediately of any unauthorised use of your account or any other breach of security; and (e) ensure that you exit from your account at the end of each session when accessing Our Website or Our App from a shared device.
You are solely responsible for all activity that occurs under your account, whether or not you have authorised such activity. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.
We reserve the right, at our sole discretion, to terminate or suspend your access to Our Website or Our App, with or without prior notice, for conduct that we believe violates these Terms of Use, is harmful to other users, to us, or to third parties, or is otherwise inappropriate. Without limiting the foregoing, we may terminate or suspend your account if: (a) you breach any provision of these Terms of Use; (b) you engage in fraudulent, abusive, or illegal activity; (c) you fail to pay any amounts owed to us when due; (d) we are required to do so by law or a regulatory authority; or (e) we discontinue Our Website or Our App in whole or in part.
Upon termination of your account: (a) your right to use Our Website and Our App will immediately cease; (b) we may delete or retain your account information and content in accordance with our Privacy Policy and applicable law; and (c) any provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.
You may terminate your account at any time by contacting us at the email address provided in these Terms of Use or through the account settings functionality in Our App (where available). Termination of your account does not relieve you of any obligations to pay any amounts owed to us prior to termination.
Our Website, Our App, and Our Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, J.I.M Services expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, we do not warrant that: (a) Our Website or Our App will be available at all times or at any particular time, or that access will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of Our Website, Our App, or Our Content will be accurate, reliable, or complete; (c) the quality of any products, services, information, or other material obtained through Our Website or Our App will meet your expectations; or (d) any errors in Our Website, Our App, or Our Content will be corrected.
Any fitness, health, nutrition, or wellness content provided through Our Website or Our App is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or fitness programme. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through Our Website or Our App. J.I.M Services does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Our Website or Our App. Reliance on any information provided by J.I.M Services, our employees, other users, or other parties appearing on Our Website or Our App is solely at your own risk.
You acknowledge that participation in fitness activities carries inherent risks of physical injury. By using Our Website, Our App, or our services, you assume full responsibility for any risks, injuries, or damages, known or unknown, that you might incur as a result of participating in any fitness activities.
To the fullest extent permitted by applicable law, in no event shall J.I.M Services, its directors, officers, employees, agents, affiliates, licensors, or service providers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with: (a) your use or inability to use Our Website, Our App, or Our Content; (b) any conduct or content of any third party on Our Website or Our App; (c) any content obtained from Our Website or Our App; (d) unauthorised access, use, or alteration of your transmissions or content; or (e) any other matter relating to Our Website, Our App, or these Terms of Use, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not J.I.M Services has been informed of the possibility of such damage.
To the fullest extent permitted by applicable law, the total liability of J.I.M Services to you for all claims arising out of or relating to these Terms of Use, Our Website, Our App, or Our Content, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of: (a) the total amount paid by you to J.I.M Services during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred Australian dollars (AUD $100).
The limitations in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless J.I.M Services and its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable legal fees) arising from or in connection with: (a) your use of Our Website, Our App, or Our Content; (b) your violation of these Terms of Use; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (e) any claim that your use of Our Website or Our App caused damage to a third party; or (f) any content you submit, post, or transmit through Our Website or Our App.
This indemnification obligation will survive the termination of these Terms of Use and your use of Our Website and Our App.
Certain legislation, including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions, or guarantees, or impose obligations upon J.I.M Services, which cannot be excluded, restricted, or modified, or cannot be excluded, restricted, or modified except to a limited extent (Non-Excludable Provisions). These Terms of Use are to be read subject to those Non-Excludable Provisions. If those Non-Excludable Provisions apply, to the extent that we are able to do so, our liability under those provisions is limited, at our option, to: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Nothing in these Terms of Use is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.
These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, and any courts of appeal from them, in respect of any proceedings arising out of or in connection with these Terms of Use.
Before commencing any legal proceedings, you agree to first attempt to resolve any dispute arising out of or in connection with these Terms of Use by contacting us using the contact details provided in these Terms of Use. We will endeavour to resolve the dispute through good faith negotiations within thirty (30) days. If the dispute cannot be resolved through negotiation within that period, either party may then pursue formal legal remedies.
Nothing in this section shall prevent J.I.M Services from seeking injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or to prevent any breach of these Terms of Use.
We strive to ensure Our Website and Our App are accessible to all users. If you encounter any accessibility issues, please contact us.
Entire Agreement: These Terms of Use, together with the Privacy Policy and any other legal notices or agreements published by us on Our Website or Our App, constitute the entire agreement between you and J.I.M Services concerning your use of Our Website and Our App, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to such subject matter.
Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, shall be severed from these Terms of Use, and the remaining provisions shall continue in full force and effect.
Waiver: No failure or delay by J.I.M Services in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
Assignment: You may not assign or transfer these Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms of Use, in whole or in part, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
No Third-Party Beneficiaries: These Terms of Use do not confer any third-party beneficiary rights. No person other than you and J.I.M Services shall have any rights to enforce any of the provisions of these Terms of Use.
Force Majeure: J.I.M Services shall not be liable for any failure or delay in performing our obligations under these Terms of Use where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.
Contact Information
For questions or concerns about these Terms, please contact us at: [email protected]. We will endeavour to respond to all enquiries within a reasonable timeframe.
