1. Acceptance

(a) This Agreement is between 7Wealth Pty Ltd Trading as Wealth Gym (ABN 44 609 210 246) (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at wealthgym.au (Store) or on our mobile application.

(b) By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:

(1) that you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and

(2) that you have the legal capacity to enter into a legally binding agreement with us;

(c)You must not place an order for Goods, Services or approve any quotes issued unless you are at least 18 years old

2. Account Holders

(a) You may be eligible to create an account in order to purchase Goods or Services from us (Account), which allows you to pay your invoices on a weekly basis. You may purchase Goods or Services from us with, or without, an account.

(b) When you make create an account and/or make a purchase, you may be asked to provide us with basic Account information such as your name, shipping address, billing address and payment details.

(c) You must ensure that any information that you give us when you create an Account with us, including any personal information, is accurate and up-to-date. All personal information that you give to us will be used to manage your Account and will be treated in accordance with applicable law.

(d) You are liable for all activity under your Account, including all purchases made using your Account details.

(e) You may be required to complete a financial assessment questionnaire.

3. Orders

(a) You may order Goods or Services from us through our Store, or as set out on the Site (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.

(b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.

(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.

(d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.

(e) When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(f) If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.

4. Price and payments

(a) You must pay us the purchase price of the Goods or Services that you order, plus any Australian GST and applicable delivery costs as advised by us (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the price of the Goods.

(b) If you do not have an Account with us, you must pay the Price, upfront at the time of purchase or on completion of services rendered, including where the Goods or Services are the subject of an Order placed withus. Only once the Price has been paid in full will we provide you with the Goods or Services, or will we submit your Order to our suppliers.

(c)If you have an Account with us, we will send you a weekly invoice, in respect of Goods purchased or Services rendered during that week. You agree to pay the weekly invoice as per the times, and using the payment method, stipulated in the weekly statement or invoice.

(d). If you fail to pay your invoice in accordance with clause 4(c), we may suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute, and you must pay any undisputed portion of the invoice as set out in clause 4(c).

(e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly.

(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(g) Where you have selected a Weekly Plan, you must pay the Service Plan Fee each week via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website (Store)

(h) Should:

(1) You fail to pay any amount when it is due and owing.

(2) You default in the performance of your obligations under these terms and conditions.

(3) You, if an individual, commit an act of bankruptcy. Or, if you are a corporation, becomes subject to external administration or passes a resolution to wind up. Then;

(4) In addition to any other rights we have, you shall be in breach of these terms and conditions, and we shall be entitled to treat the whole of the scope of works repudiated. We may refuse to supply any of the services to you. We may elect to seek relief through the courts or through a third-party debt recovery service to recover the money, plus interest and additional costs in accordance with the terms and conditions. You shall pay all our collection costs, including solicitor fees, interest, third party expenses and related costs for outstanding amounts. We will be immediately entitled to, without liability, terminate or suspend the provision of future services, in accordance with these terms and conditions, in the event of default.

5. Availability and cancellation

(a) All Goods and Orders are subject to availability. We do our best to keep products in stock and use reasonable endeavours to source any Orders from our third-party suppliers.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted, including where there is a considerable delay in dispatching your Order, or for any reason we cannot supply the Goods in your Order (for example for an event beyond our reasonable control). We will contact you using the details you provided when you placed your Order. You may choose to receive a refund or a store credit or to place your Order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Goods will be refunded to you. If you choose to place your Order on backorder, we will contact you to arrange delivery or collection once the Goods are available.

6. Refund, Hold and Cancellation Policy

(a) We do not offer change of mind returns or refunds to service subscriptions or ebooks. Failure to complete onboarding or check ins does not entitle you to a refund. Any plans requiring adjustments due to a mistake by Wealth Gym will be rectified within 2 business days, this does not entitle you to a full refund.

(b) There is a setup fee when you join our membership plan services. This setup fee is non-refundable, unless we fail to fulfil the service outlined. There is no cooling off period.

(c) At your request with no less than 14 days’ written notice, we may put your Service Plan on hold for a maximum of a single continuous 4-week period in any 12-week period where we provide the Services to you (Hold). During the Hold, we will not provide the Services to you, and you will not be required to pay us the Service Plan Fee.

(d) You may upgrade, downgrade or cancel your Weekly Service Plan by providing us with at least 14 days’ written notice to Contact US. Where there is a difference in the Service Plan Fee as a result of this change, you must pay to us the difference or we will credit the difference towards any future Service Plan Fees payable by you to us, as applicable. Please note if you want to downgrade it cannot be guaranteed and instead discretionary on the Wealth Gym team. We offer no cooling off period for service plans.

(e) Refunds for once off plans and services are only available before creation of said plans and services. Once provided no refunds or change of mind requests will be given.

(f). The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.

7. Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law:

(1) Our maximum aggregate liability arising from or in connection with the Terms (including the Goods and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the Goods or Services the subject of the relevant claim; and

(2) We will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation and/or loss of use, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the Goods, or any injury or loss to any person;

(2) failure or delay in providing the Goods; or

(3) breach of the Terms or any law, where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Goods or Services.

8. Collection Notice

(a) We collect personal information about you in order to manage your Account, to contact and communicate with you, to respond to your enquiries, to process plans and for other purposes you give us permission for.

(b) We may disclose that information to third party service providers who help us supply and deliver the Services to you (including our CRM, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with these Terms.

9. General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your Order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Reviews/Feedback: If you provide us with reviews and feedback including via email or by tagging us on social media, you consent to us publishing such photographs, reviews and feedback and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(f). Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your Order.

(k) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

For any questions please: Contact Us

Last update: 01/01/2025