Subscription terms & conditions

Newy Active Co Terms and Conditions Last updated: 21/07/2026 These Terms and Conditions apply to tickets, events, activities, memberships, products and other services supplied by Newy Active Co, also referred to as NAC, we, us or our. By making a purchase, starting a membership, registering for or attending an event, or using our website, you confirm that you have read and accepted these Terms and Conditions. 1. About Newy Active Co Newy Active Co is a social and activity community based in Newcastle, New South Wales. Our events may include social gatherings, fitness activities, outdoor activities, classes, workshops, trips, accommodation, transport and activities delivered by third-party venues or providers. Our contact details are available through the NAC website and official social-media pages. 2. Eligibility and attendee information You must provide accurate and complete information when making a purchase or registration. Unless an event expressly states otherwise, NAC events are intended for people aged 18 or older. Events involving licensed venues or alcohol may require valid photographic identification. You must not: use another person’s identity without permission; provide false ticket, membership or payment information; reproduce, alter or misuse a ticket code; resell a ticket commercially or for more than its original purchase price; or use NAC services for fraudulent or unlawful purposes. A person purchasing on behalf of another attendee confirms that they have permission to provide that attendee’s information and will make these terms available to them. Part A — Event tickets and participation 3. Event tickets A ticket provides the registered attendee with admission to the event described on the ticket, subject to these terms and any event-specific conditions. A booking is not confirmed until payment has been successfully processed and a confirmation or ticket has been issued. You are responsible for checking: the event name; date and start time; venue or meeting location; age, fitness or experience requirements; equipment and clothing requirements; and any event-specific instructions. Tickets may be limited and may become unavailable at any time. 4. Ticket transfers and resales A ticket may only be transferred where NAC permits transfers for that event. You may be required to update the attendee’s name, email address or other registration details before the event. NAC may refuse a transfer where: the event is non-transferable; the proposed attendee does not meet an eligibility requirement; the transfer appears fraudulent or commercial; the ticket has already been used, cancelled or refunded; or the transfer would breach venue or third-party-provider conditions. Unless we expressly approve otherwise, tickets must not be resold above their original purchase price. 5. Change-of-mind cancellations Unless an event-specific refund policy states otherwise, NAC does not ordinarily provide refunds where an attendee: changes their mind; becomes unavailable; arrives late or does not attend; fails to bring required identification or equipment; is removed because of their conduct; or does not meet a clearly disclosed participation requirement. This does not limit any rights or remedies available under the Australian Consumer Law. 6. Event changes, postponements and cancellations NAC may make reasonable changes to an event where necessary because of weather, safety concerns, venue availability, participant numbers, instructor availability, transport disruption or circumstances outside our reasonable control. Changes may include: changing the venue; changing the timetable; substituting an instructor, host or provider; adjusting the activity format; reducing or changing part of the program; or postponing the event. We will take reasonable steps to notify affected ticket holders using the contact details supplied at checkout. Where NAC cancels an event and does not provide a reasonable replacement or rescheduled event, ticket holders will generally be offered a refund or credit for the amount paid for the cancelled service. Where an event is postponed or materially changed, available remedies will depend on the circumstances, the nature of the change and applicable consumer-law rights. NAC is not responsible for unrelated expenses such as accommodation, travel, parking, equipment or lost wages unless required by law or expressly agreed in writing. 7. Arrival and attendance You must arrive at the stated meeting location by the required time. Late attendees may not be admitted where late entry would: disrupt the activity; create a safety risk; cause transport to be missed; breach venue requirements; or prevent the activity from operating as scheduled. No refund is ordinarily payable where an attendee misses an activity because they arrived late. 8. Participant responsibilities You agree to: follow reasonable safety instructions; act respectfully toward participants, staff, volunteers and providers; use equipment only as directed; disclose relevant limitations where reasonably necessary for safety; stop participating and seek assistance if you feel unwell or unsafe; wear suitable clothing and protective equipment; remain responsible for your hydration, nutrition and medication; and comply with venue rules and applicable laws. You must not participate while affected by alcohol, drugs, illness, exhaustion or any condition that makes participation unsafe. 9. Assumption of risk NAC activities may involve inherent and obvious risks. Depending on the event, risks may include: slips, trips and falls; collision with people, vehicles, equipment or natural objects; muscular, joint, tendon or other physical injury; exposure to heat, cold, sun, rain, water, wildlife or uneven terrain; drowning or water-related injury; illness, allergic reaction or communicable disease; food or drink consumption; equipment failure; transport accidents; actions of other participants; and delayed access to medical assistance. By voluntarily participating, you acknowledge that you have considered the nature of the activity and accept the ordinary and inherent risks associated with it. This acknowledgement does not exclude any right or liability that cannot lawfully be excluded. 10. Health and fitness You are responsible for deciding whether an activity is suitable for your health, fitness, experience and ability. You should seek medical advice before participating where you: have an injury or medical condition; are pregnant; have recently undergone surgery; have been advised to restrict physical activity; or are uncertain whether participation is appropriate. NAC personnel are not necessarily medical professionals and cannot assess your individual medical fitness. Where reasonably necessary for safety, you agree to inform the event organiser or activity provider of relevant medical information. You remain responsible for carrying required medication, including inhalers, adrenaline injectors or other emergency medication. 11. Emergency assistance You authorise NAC and relevant third-party providers to obtain emergency medical assistance where they reasonably believe it is necessary. You are responsible for medical, ambulance, evacuation and related expenses incurred on your behalf, except where NAC is legally responsible for those expenses. 12. Alcohol and drugs Some NAC events may take place at licensed venues or involve alcohol. You agree to: comply with responsible-service-of-alcohol requirements; follow venue instructions; not supply alcohol to minors; not bring or use illegal drugs; and arrange safe transport after drinking. NAC may refuse entry, stop service or remove a person who is intoxicated, behaving dangerously or failing to follow venue rules. 13. Conduct and removal NAC aims to provide an inclusive, welcoming and respectful environment. Harassment, discrimination, intimidation, violence, unwanted sexual conduct, dangerous behaviour, property damage and serious disruption are not accepted. NAC may refuse entry or remove a participant where reasonably necessary to protect: participant safety; staff and volunteers; venue personnel; property; the event’s operation; or the wider NAC community. A person removed for misconduct is not ordinarily entitled to a refund. Serious incidents may be reported to the venue, activity provider or police. 14. Third-party providers Some events use services supplied by venues, instructors, transport providers, accommodation providers, tour operators or other third parties. Third-party terms may also apply and will form part of the booking where they are disclosed before purchase or participation. NAC is not responsible for matters solely within the control of an independent provider, except to the extent NAC is responsible under applicable law. Nothing in these terms removes responsibility that NAC cannot lawfully exclude. 15. Transport and travel Unless expressly stated, attendees are responsible for arranging their own transport to and from an event. Where transport is included: departure times may be strict; passengers must follow the operator’s instructions; disruptive or unsafe passengers may be refused transport; seatbelts must be worn where provided; and personal belongings remain the attendee’s responsibility. 16. Personal property You are responsible for your personal property. NAC is not responsible for ordinary loss, theft or damage to personal property unless the loss was caused by NAC and liability cannot lawfully be excluded. Lost property may be held for a reasonable period and then donated, disposed of or delivered to the relevant venue. 17. Photography and recording Photos and videos may be taken at NAC events for: event galleries; social media; community updates; advertising; and other NAC promotional purposes. Identifiable photos and videos may constitute personal information in some circumstances. Where you do not want to be intentionally photographed or recorded, tell the event organiser before the activity begins. NAC will take reasonable steps to respect the request, although we cannot guarantee exclusion from incidental background footage or recordings made independently by other attendees. You must not photograph, record or publish another attendee in a manner that is intrusive, unsafe, harassing or unlawful. Part B — Memberships 18. Membership commencement A membership begins when: payment is successfully processed; NAC confirms the membership; and any stated eligibility requirements are met. Memberships are personal and must not be shared, sold or transferred unless NAC expressly allows it. You are responsible for ensuring your membership details remain accurate. 19. Recurring payments Where a membership is described as recurring, you authorise NAC’s payment provider to charge the membership fee at the disclosed billing interval until the membership is cancelled. The billing interval and amount will be displayed before purchase. You must maintain a valid payment method. If a payment fails, NAC may: retry the payment; ask you to update your payment method; suspend membership access; suspend unused perks; or cancel the membership after reasonable notice. 20. Cancelling a membership You may cancel a recurring membership using the available cancellation process or by contacting NAC. Unless otherwise stated: cancellation stops future renewal payments; cancellation does not automatically refund an amount already paid; membership access continues until the end of the paid billing period; and unused benefits expire when the membership ends. Cancellation must be submitted before the next renewal is processed. A cancellation submitted after a renewal has already been processed will ordinarily apply to the following renewal, subject to applicable consumer-law rights. 21. Membership fees and changes NAC may change future membership fees or inclusions by giving reasonable advance notice. A price increase will apply from a future renewal date, not retrospectively to a completed billing period. Where a change materially reduces the ongoing membership service, members may cancel before the change takes effect. 22. Membership benefits and perks Membership benefits may include discounts, ticket access, complimentary items, special events or limited-use perks. Benefits: have no cash value; cannot be sold or exchanged; are subject to stated expiry dates and usage limits; may be limited to particular events, products or periods; may require an active membership when used; and may be unavailable where capacity is exhausted. A perk marked as used cannot be used again unless its frequency resets or NAC manually resets it. Attempting to duplicate, manipulate or fraudulently redeem a benefit may result in suspension or cancellation. 23. Membership suspension or cancellation by NAC NAC may suspend or cancel a membership where the member: fails to pay; shares or misuses membership credentials; fraudulently uses a perk; seriously breaches community standards; threatens participant safety; abuses staff, volunteers or other participants; or materially breaches these terms. Any refund will depend on the circumstances and applicable law. 24. Membership service changes NAC does not guarantee that any particular event, perk or schedule will remain available indefinitely. We may reasonably modify membership benefits as the community and service develop. We will provide reasonable notice of material changes where practical. Part C — Products and merchandise 25. Product orders Product descriptions, images, measurements and colours are provided as accurately as reasonably possible. Actual colours or appearance may vary slightly because of: screen settings; manufacturing variation; product updates; or photography and lighting. An order is accepted when payment is successfully processed and NAC confirms the order. NAC may cancel and refund an order where: an item is unavailable; a pricing or listing error occurred; payment appears fraudulent; delivery is not reasonably available; or the order cannot lawfully be fulfilled. 26. Pricing Prices are displayed in Australian dollars unless otherwise stated. The total amount payable, including delivery charges and applicable fees, will be displayed before the order is submitted. 27. Collection orders Where collection is selected, the customer is responsible for collecting the order from the stated NAC event, session or agreed collection point. You may be required to show: an order confirmation; photo identification; or the purchaser’s name and email address. NAC will provide reasonable collection instructions. Orders not collected within a reasonable period may require alternative arrangements and additional delivery costs. 28. Delivery Where shipping is offered, delivery estimates are estimates only and may be affected by carrier delays, weather or other circumstances outside NAC’s reasonable control. You are responsible for providing a correct and complete delivery address. Additional costs caused by an incorrect address, refused delivery or failure to collect a parcel may be charged to the customer where reasonable. Risk in a product passes to the customer when it is delivered to the nominated address or collected by the customer, subject to applicable law. 29. Change-of-mind returns Unless stated otherwise, NAC does not have to provide a refund or exchange simply because a customer changes their mind, selects the wrong size or no longer wants an item. NAC may choose to accept a change-of-mind return where: the request is made within [14] days; the item is unused, unworn and unwashed; tags and packaging remain intact; proof of purchase is supplied; and the item is not personalised, perishable or hygiene-sensitive. The customer is responsible for change-of-mind return costs unless NAC agrees otherwise. 30. Faulty, damaged or incorrectly supplied products Contact NAC as soon as practical if a product is faulty, damaged, unsafe, materially different from its description or incorrectly supplied. We may request: proof of purchase; photographs; a description of the problem; and return of the item where reasonable. Available remedies may include repair, replacement, refund or compensation, depending on the circumstances and applicable Australian Consumer Law rights. Part D — General provisions 31. Australian Consumer Law Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded. Consumer guarantees apply automatically to eligible goods and services. Contract terms cannot remove those rights, and remedies may include repair, replacement, refund, cancellation or compensation depending on the failure. Where NAC supplies both goods and services, the following applies: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. This reflects the mandatory wording published by the ACCC for combined supplies of goods and services. 32. Limitation of liability To the maximum extent permitted by law: NAC is not liable for loss caused by an attendee’s failure to follow instructions; NAC is not liable for indirect or consequential loss that was not reasonably foreseeable; NAC is not liable for delays or failures caused solely by circumstances outside its reasonable control; and any liability is reduced to the extent the claimant’s own act or omission contributed to the loss. Nothing in this section excludes liability where doing so would be unlawful. 33. Recreational-service acknowledgement Certain NAC activities may constitute recreational services involving physical exertion or physical risk. To the extent permitted by law, a contract for recreational services may exclude or limit certain liabilities relating to death, physical or mental injury, disease or other personal harm. The legal effect depends on the activity, wording and applicable law. By attending a physical or recreational activity, you acknowledge its inherent risks and agree to take reasonable responsibility for your own conduct and safety. This clause does not exclude liability that cannot lawfully be excluded. 34. Indemnity To the extent permitted by law, you agree to compensate NAC for reasonable loss, damage or expense directly caused by: your unlawful act; your intentional misconduct; your serious breach of these terms; your damage to property; or a claim arising from content you upload without authority. This indemnity does not require you to compensate NAC for loss caused by NAC’s own unlawful conduct, negligence or breach. 35. Events beyond reasonable control NAC is not responsible for delay or failure caused by circumstances outside its reasonable control, including: severe weather; natural disasters; fire; public-health restrictions; transport interruption; venue closure; government action; utility or internet failure; supplier failure; or safety emergencies. NAC will take reasonable steps to minimise disruption and provide available remedies in accordance with law. 36. Privacy Personal information is handled in accordance with the NAC Privacy Policy. Information may be used to: process purchases; issue tickets; manage memberships; maintain attendance history; communicate event information; prevent fraud; provide customer support; and operate the NAC website and app. The Privacy Policy is available through the website footer. 37. Account and ticket security You are responsible for protecting your ticket code, membership number and account lookup information. Notify NAC promptly if you believe a ticket or membership credential has been stolen, copied or used without permission. NAC may cancel and replace compromised credentials where reasonably necessary. 38. Website availability NAC does not guarantee uninterrupted website or app availability. We may temporarily suspend access for: maintenance; security updates; technical failures; or urgent operational work. A temporary outage does not automatically cancel an otherwise valid booking or membership. 39. Changes to these terms NAC may update these terms from time to time. The terms applying to a completed one-off purchase are generally those presented at the time of purchase. Updated terms may apply to future purchases and future membership renewals. Material changes affecting an active recurring membership will be communicated with reasonable notice. 40. Severability If any part of these terms is invalid or unenforceable, that part will be read down or removed to the minimum extent required. The remaining terms will continue to apply. 41. No waiver A delay or failure by NAC to enforce a right does not mean that right has been waived. 42. Governing law These terms are governed by the laws of New South Wales, Australia. The parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any rights a consumer has to bring a claim elsewhere under applicable law. 43. Contact and complaints Questions, complaints and requests relating to tickets, memberships or products should be submitted using the contact details on the NAC website. Please include: your full name; purchase email address; order, ticket or membership number; relevant event or product; and a clear description of the issue. NAC will aim to review and respond within a reasonable time.