GROUNDUP x Club Lime & hiit republic Wellness Add-On Promotion
Terms and Conditions
1.
PROMOTER
1.1.
Viva Leisure Operations Pty Ltd (ABN 20 609 536 665) of registered office address: DKSN 2.0 North Building, Level 3, 23 Challis Street, Dickson ACT 2602 (the “Promoter”) is a member of the Viva Group, which operates multiple facilities trading as Club Lime, HIIT Republic and GROUNDUP.
2.
ACCEPTANCE OF TERMS
2.1.
Participation in the Promotion is subject to these Terms and Conditions. By participating in this Promotion, you agree to these Terms and Conditions in their entirety.
2.2.
The Promoter reserves the right to amend these Terms and Conditions, subject to any applicable laws or regulatory requirements. Any amendment will be effective upon publication on the Promoter's website or as otherwise notified to participants. The Promoter will use reasonable endeavours to notify Eligible Members and ensure that any amendments do not materially disadvantage participants who have already purchased an Add-On.
2.3.
These Terms and Conditions will be made available via vivaleisure.group/legal/ throughout the Promotion Period.
2.4.
DEFINITIONS
2.5.
In these Terms and Conditions, unless the context otherwise requires:
Add-On means the optional, recurring Wellness credit(s) product described in clause 6, made available to an Eligible Member in addition to their Primary Membership.
Credit means a Wellness service redemption entitlement provided under an Add-On, as described in clause 6.
Eligible Member means an individual who satisfies the eligibility requirements in clause 5 and the requirements of the relevant Offer in clause 6.
GROUNDUP Membership means an active or previously held individual membership for GROUNDUP Movement and/or GROUNDUP Wellness and does not include an Add-On.
Hapana means the Promoter's member management and billing platform used to process Add-On purchases and payments.
Offer means any of the items described in clause 6.
Participating Studio/Gym means the specific Club Lime gym, HIIT Republic studio or GROUNDUP Movement studio(s) at which an Offer is available, as set out in clause 6.
Payment Processor means Ezypay or any other third-party payment processor engaged by the Promoter to process Add-On payments via Hapana from time to time.
Primary Membership means an Eligible Member's existing, active Club Lime, HIIT Republic or GROUNDUP Movement membership, as applicable, to which an Add-On is attached.
Privacy Policy means the Promoter's privacy policy available at vivaleisure.group/legal/.
Promotion means the GROUNDUP Add-On Promotion conducted by the Promoter in accordance with these Terms and Conditions.
Promotion Period means the period specified in clause 4.
Promoter has the meaning given in clause 1.
Terms and Conditions means these terms and conditions governing the Promotion.
3.
PROMOTION PERIOD
3.1.
The Promotion commences at 12:00am (AEST) on Monday 26th October 2026 (Promotion Period).
3.2.
The Promotion will continue to be available for 48 hours only with the campaign ending as of 11:59pm Tuesday 27th October 2026.
3.3.
The Promoter may vary, suspend or withdraw the Promotion (including any individual Offer) at any time, in its absolute discretion, having regard to uptake and other business considerations.
3.4.
If the Promoter varies, suspends or withdraws the Promotion, it will provide reasonable notice where practicable. Any Add-On purchased prior to the date of withdrawal or variation will continue in accordance with these Terms and Conditions, unless the Eligible Member is otherwise notified.
4.
ELIGIBILITY
4.1.
Participation in the Promotion is open to individuals who:
a)
hold a current, active Primary Membership at a Participating Studio/Gym that is in good standing;
b)
meet the minimum age requirement applicable to the relevant Add-On credit type (eighteen (18) years old for GROUNDUP Wellness credits); and
c)
satisfy the specific eligibility requirements of the relevant Offer set out in clause 6.
4.2.
Any person who has cancelled their direct debit membership with GROUNDUP (Movement and/or Wellness) within the ninety (90) days immediately preceding their Add-On purchase may not participate in the offer.
4.3.
The Promoter may take reasonable steps to verify a person's eligibility to participate in the Promotion, including requesting evidence of their identity, age, membership status and payment method. If the person does not provide the information reasonably requested, the Promoter may refuse to process an Add-On purchase.
THE OFFERS
5.1.
Subject to these Terms and Conditions, the Promoter is making the following Offers= available during the Promotion Period. Each Offer is only available to Eligible Members of a Participating Studio/Gym.
5.2.
ACT Offer (Club Lime and HIIT Republic, ACT):
a)
Participating Studio/Gym: Any Club Lime gym and HIIT Republic studio located in the Australian Capital Territory;
b)
Credits: Unlimited GROUNDUP Wellness credits per week;
c)
Price: $20 per week;
d)
Not available to an individual who currently holds a GROUNDUP Membership, or who has cancelled a GROUNDUP Membership within the ninety (90) days immediately preceding their Add-On purchase.
5.3.
An Eligible Member may only hold one Add-On at a time in respect of a given Primary Membership and may not combine multiple Offers on the same Primary Membership unless expressly permitted by the Promoter.
6.
PURCHASING AN ADD-ON
6.1.
An Eligible Member may purchase an Add-On at any time during the Promotion Period via Hapana, using the payment method requested at the time of purchase.
6.2.
The Eligible Member will be asked to review and accept the Payment Processor's relevant terms and conditions as part of completing an Add-On purchase.
6.3.
An Add-On purchase is not complete until payment has been successfully processed in accordance with these Terms and Conditions.
6.4.
The Promoter is not responsible for any delay, error or failure in completing an Add-On purchase that arises from incorrect or incomplete information provided by the Eligible Member, or from the actions or systems of the Eligible Member's financial institution or the Payment Processor.
7.
PAYMENT PROCESSING
7.1.
The Add-On fee is collected as a payment separate to the Eligible Member's Primary Membership fees and is processed via Hapana using the Payment Processor (Ezypay).
7.2.
No additional joining or establishment fee applies to the purchase of an Add-On.
7.3.
Transaction fees associated with processing Add-On payments are absorbed by the Promoter. However, late payment and failed payment fees that apply to an Add-On may differ from those that apply to the Eligible
Member's Primary Membership and will be made available to the Eligible Member at or before the time of purchase.
7.4.
The Add-On operates entirely independently of the Eligible Member's Primary Membership. A change made to one (including but not limited to cancellation, suspension, freeze, upgrade or downgrade) does not automatically apply to the other. Separate requests must be made to the Add-On and the Primary Membership respectively.
7.5.
The billing date for the Add-On may differ from the billing date of the Eligible Member's Primary Membership, depending on the date on which the Add-On is purchased (see clause 9).
8.
COMMENCEMENT AND BILLING OF BENEFITS
8.1.
Credits become available for the Eligible Member to redeem as soon as the Add-On has been successfully purchased, and the first payment has been processed.
8.2.
The Add-On will bill on a separate weekly cycle based on the date of purchase.
8.3.
The Promoter may take a reasonable period of time to verify that an Add-On purchase and eligibility requirements have been validly satisfied before Credits are confirmed.
9.
CHANGES AND CANCELLATION
9.1.
An Eligible Member may cancel their Add-On at any time in accordance with the cancellation process made available via Hapana or in-studio, independently of any change to their Primary Membership.
9.2.
Cancellation, suspension, or termination of an Eligible Member's Primary Membership does not automatically cancel, suspend or freeze their Add-On, and vice versa, unless otherwise required by law or expressly stated by the Promoter.
9.3.
Where an Eligible Member ceases to satisfy the eligibility requirements of an Offer (including because they cease to hold the relevant Primary Membership), the Promoter may cancel the associated Add-On.
10.
VERIFICATION, DISQUALIFICATION AND MISUSE
10.1.
The Promoter may request additional information or evidence reasonably required to verify an Eligible Member's entitlement to an Offer at any time.
10.2.
The Promoter may refuse to process an Add-On purchase, withhold or cancel Credits, or disqualify a person from participating in the Promotion if the Promoter reasonably believes that the person has:
a)
provided false, misleading or invalid information;
b)
attempted to obtain an Offer for which they are not eligible;
c)
acted fraudulently, dishonestly, unlawfully or in bad faith in connection with the Promotion; or
d)
breached these Terms and Conditions or any applicable Membership Terms.
10.3.
Before acting under clause 11.2, the Promoter may request information or evidence reasonably required to verify the position. The Promoter's decision will be based on the information reasonably available to it, and nothing in this clause limits any rights or remedies available under applicable law.
11.
PRIVACY
11.1.
The Promoter and its Payment Processor may collect, use and disclose personal information for the purposes of administering the Promotion, verifying eligibility, processing an Add-On purchase, providing Credits and complying with legal and regulatory obligations associated with the Promotion.
11.2.
You acknowledge and agree that all personal information collected, used and retained by the Promoter in connection with the Promotion will be handled in accordance with the Privacy Policy, which is expressly incorporated into these Terms and Conditions by reference.
11.3.
If you do not provide the information reasonably requested, you may be ineligible to participate in the Promotion.
12.
MARKETING
12.1.
Any personal information collected and used for marketing purposes will be handled in accordance with the Promoter's Privacy Policy. Individuals can opt out of receiving marketing material at any time.
13.
LIABILITY AND INDEMNITY
13.1.
To the extent permitted by law, the Promoter is not liable for any loss, cost, expense or damage, including any bank fees, dishonour fees or other charges imposed by an Eligible Member's financial institution, arising from:
a)
an Eligible Member's participation in the Promotion;
b)
any delay, error or failure in processing an Add-On purchase that is not caused by the Promoter; or
c)
any act or omission of a Payment Processor or financial institution.
13.2.
By participating in the Promotion, you agree to release, discharge, and hold harmless the Promoter, its officers, directors, employees, agents, contractors and affiliates from any and all liability howsoever arising in connection with the Promotion, whether in contract, tort (including negligence), statute, equity or otherwise, to the extent permitted by law.
14.
WARRANTIES AND CONSUMER GUARANTEES
To the fullest extent permitted by law, the Promoter makes no warranties, representations, or guarantees, whether express or implied, in relation to an Add-On, including but not limited to merchantability or fitness for purpose.
14.2.
Where liability cannot be excluded under the Australian Consumer Law or other relevant consumer protection laws, the Promoter's liability is limited to the extent permitted by law.
14.3.
Nothing in these Terms and Conditions shall exclude or modify any guarantees, rights, or remedies which are provided by the Australian Consumer Law or other applicable legislation, and which cannot be excluded, restricted, or modified.
15.
RELATIONSHIP WITH MEMBERSHIP TERMS
15.1.
Participation in this Promotion, and the Primary Membership to which an Add-On is attached, remain subject to the Promoter's standard membership terms and conditions applicable to that Primary Membership, as amended from time to time (“Membership Terms”).
15.2.
To the extent of any inconsistency, these Terms and Conditions govern the Add-On and the Promotion only, and do not amend, vary or override the Membership Terms applicable to the Primary Membership.
15.3.
This Promotion does not affect any minimum term, payment obligations or other contractual requirements under the Membership Terms applicable to the Primary Membership.
16.
DISPUTES
16.1.
Any disputes or complaints arising out of or in connection with the Promotion should be submitted in writing to [email protected] within twenty-eight (28) days of the dispute arising or becoming known to the individual.
16.2.
The Promoter will review and respond to any dispute in a timely manner and may, acting reasonably, request additional information, determine appropriate resolutions or corrective measures, and set reasonable timeframes for resolving the dispute.
16.3.
Nothing in this clause limits, excludes, or modifies any rights or remedies available to individuals under applicable laws, including the Australian Consumer Law.
17.
GENERAL
17.1.
Failure by the Promoter to enforce any provision of these Terms will not be deemed a waiver of that provision or of the Promoter's rights.
17.2.
The Promoter reserves all rights and remedies available to it at law or in equity. The exercise of any right or remedy does not preclude the exercise of any other right or remedy.
17.3.
If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.
17.4.
These Terms constitute the entire agreement in relation to the Promotion and supersede all prior agreements, understandings, and representations relating to the Promotion.
17.5.
The Promoter will not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure is due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labour disputes, cyber incidents, or government actions.
17.6.
These Terms and Conditions are governed by the laws of the Australian Capital Territory. The parties submit to the