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Gymscanner Australia and New Zealand Regional Addendum

Version 1.0 | Effective Date: June 15, 2026

This Addendum applies to Users and Vendors who are residents of, or located in, Australia or New Zealand ("ANZ"), and supplements the Gymscanner Terms of Use, Privacy Policy, Cookie Policy, and Takedown Policy. Where this Addendum conflicts with those documents for ANZ Users or Vendors, this Addendum prevails. Capitalized terms have the meaning given in the Terms of Use.

Your contracting entity is Gymscanner General Trading Co., Nuzha Complex, Floor 2, Ibn Khaldoun Street, Hawalli, Kuwait, as a specific exception to the catch-all row in the table in Section 1 of the Terms of Use. Contact for all matters: [email protected].

  1. Consumer Guarantees Come First

For Australian consumers: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service, you are entitled to cancel your contract with us and to a refund for the unused portion, or to compensation for its reduced value, and to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

For New Zealand consumers: the guarantees in the Consumer Guarantees Act 1993 (CGA), including that services be performed with reasonable care and skill, be fit for purpose, and be completed within a reasonable time, apply and cannot be contracted out of for personal, domestic, or household use. The Fair Trading Act 1986 also applies.

Nothing in the Terms of Use, including "all sales are final" (Section 8.1), the disclaimers (Section 16), or the limitation of liability (Section 17), excludes, restricts, or modifies any guarantee, right, or remedy under the ACL or the CGA that cannot lawfully be excluded.

  1. Refunds and Cancellation for ANZ Consumers

In addition to your statutory rights in Section 1, ANZ consumers receive a contractual cancellation right mirroring our EU regime:

  • You may cancel any purchase within 14 days of order confirmation for a full refund, unless and until you redeem it (as defined in Section 7.3 of the Terms of Use: activation, check-in, first session, or downloading or beginning a plan).

  • By redeeming within the 14-day period, you request immediate performance and this contractual cancellation right lapses. Your statutory rights under the ACL or CGA are unaffected and continue regardless of redemption.

  • Vendor failure refunds (Terms of Use Section 8.3) apply unchanged: if a Vendor closes or refuses to honor a valid purchase, Gymscanner refunds you in full.

  • To cancel, email [email protected] with your order reference. Refunds are processed to your original payment method within 14 days.

  1. Liability for ANZ Users

For ANZ consumers, Section 17 of the Terms of Use is replaced with the following: to the extent permitted by law, and where the relevant guarantee relates to services not of a kind ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with a non-excludable guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. For all other liability, the exclusions and caps in Section 17 apply only to the extent permitted by the ACL, the CGA, and other applicable ANZ law, and never apply to liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for misleading or deceptive conduct.

  1. Governing Law and Disputes for ANZ Users

Because your contracting entity is Gymscanner General Trading Co., Section 19.2 of the Terms of Use (Delaware arbitration and class action waiver) does not apply to you. Instead:

  • These Terms are governed by the laws of the State of Kuwait, except that as an ANZ consumer you always retain the mandatory protections of the ACL, the CGA, the Fair Trading Acts, and the other non-excludable laws of your place of residence, which prevail over Kuwaiti law to the extent of any conflict.

  • You may bring any dispute before the courts or tribunals of your place of residence, including the small-claims jurisdiction of your state or territory civil and administrative tribunal in Australia, or the Disputes Tribunal in New Zealand. Gymscanner may bring proceedings against ANZ consumers only in the consumer's place of residence.

  • Nothing in the Terms of Use excludes any right you have to participate in representative proceedings under Part IVA of the Federal Court of Australia Act 1976 or equivalent NZ proceedings, where that right cannot lawfully be waived.

  • We request, but do not require, that you first attempt informal resolution through [email protected] with 60 days of good-faith negotiation.

  • You may also complain to the Australian Competition and Consumer Commission (accc.gov.au), your state or territory fair trading body, or the New Zealand Commerce Commission (comcom.govt.nz). These bodies do not resolve individual disputes in most cases but record and act on trader conduct.

  1. Privacy: Australia

Where the Privacy Act 1988 (Cth) applies to our handling of your personal information, the following supplements the Privacy Policy:

  • We handle personal information in accordance with the Australian Privacy Principles (APPs). The Privacy Policy serves as our APP 1 privacy policy for Australian users.

  • Sensitive information: Health Tool data (cycle, nutrition, calorie, activity data) is sensitive information under the Privacy Act and is collected only with your consent (APP 3), consistent with the explicit opt-in regime in Section 4 of the Privacy Policy.

  • Overseas disclosure (APP 8): your personal information is disclosed to recipients located in the United States, the European Union (Romania), Kuwait, and the countries of our processors listed in Section 6 of the Privacy Policy. We take reasonable steps, including contractual safeguards, to ensure overseas recipients handle your information consistently with the APPs.

  • Data breaches: we comply with the Notifiable Data Breaches scheme. Eligible data breaches likely to result in serious harm are notified to affected individuals and the Office of the Australian Information Commissioner (OAIC) as soon as practicable.

  • Access, correction, complaints: exercise access and correction rights via App settings or [email protected]. We respond within 30 days. If you are dissatisfied with our response to a privacy complaint, you may complain to the OAIC (oaic.gov.au).

  • We do not use government-related identifiers (such as Medicare or TFN) and do not engage in direct marketing using sensitive information.

  1. Privacy: New Zealand

Where the Privacy Act 2020 (NZ) applies:

  • We handle personal information in accordance with the Information Privacy Principles (IPPs).

  • Overseas disclosure (IPP 12): disclosures to overseas recipients are made only where the recipient is subject to comparable safeguards, including the contractual measures described in Section 7 of the Privacy Policy.

  • Breach notification: privacy breaches that have caused or are likely to cause serious harm are notified to affected individuals and the Office of the Privacy Commissioner (privacy.org.nz) as soon as practicable.

  • Access, correction, complaints: the same channels and timelines as Section 5.5 apply. Unresolved complaints may be made to the Privacy Commissioner.

  1. Marketing Communications

We send commercial electronic messages to ANZ users only with consent and with a functional unsubscribe facility, in compliance with the Spam Act 2003 (Cth) and the Unsolicited Electronic Messages Act 2007 (NZ). Unsubscribe requests take effect within 5 business days. Health Tool data is never used for marketing, in any region.

  1. ANZ Vendors

For gyms and trainers operating in Australia or New Zealand, in addition to Section 12 of the Terms of Use:

  • Consumer law flows down: you must comply with the ACL or CGA and Fair Trading Act toward Users, including honoring consumer guarantees for your services. Refunds Gymscanner is required to make to consumers because your services breached a non-excludable guarantee are Clawback Amounts under Section 12.6 of the Terms of Use.

  • Tax: you are responsible for your own GST obligations (Australia: A New Tax System (Goods and Services Tax) Act 1999; New Zealand: Goods and Services Tax Act 1985), for holding an ABN or NZBN where required, and for the accuracy of tax information in your Listings. Listed prices shown to ANZ consumers must be GST-inclusive where the law requires inclusive pricing.

  • Reviews: soliciting, incentivizing, or posting fake reviews is misleading conduct under the ACL and Fair Trading Act, attracting regulator penalties in addition to termination under the Terms of Use and Takedown Policy.

  • Unfair contract terms: if any term of the Terms of Use is found to be an unfair contract term under the ACL or the Fair Trading Act as applied to you, that term is severed for you to the minimum extent required and the remainder continues.

  1. Pricing Display

Prices shown to users browsing from Australia must be displayed as a single total minimum quantifiable price (component pricing rules, ACL s 48). Where GST applies to a supply to an Australian consumer, the displayed price includes it.

  1. Changes and Contact

This Addendum is updated in line with Section 21 of the Terms of Use. Questions, cancellations, privacy requests, and complaints: [email protected]. Postal: Gymscanner General Trading Co., Nuzha Complex, Floor 2, Ibn Khaldoun Street, Hawalli, Kuwait.

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