WHEREFIT USER TERMS AND CONDITIONS
SUMMARY
WHEREFIT gives you access to exclusive partner offers and wellbeing content, arranged for by your employer, membership organisation, or another access provider.
You must be authorised by that organisation to use WHEREFIT, and you must keep your login private. Offers and content are for your personal use only.
Some content may be public, but most is protected. We may also send you service updates and marketing communications (you can opt out). Once you leave the Platform and go to a Partner Website, their terms and policies apply, not ours.
We may update these Terms from time to time, and we may suspend or cancel your access if you breach them or if your organisation discontinues access or changes your eligibility. If you believe your access was wrongly suspended, you can contact us.
By using WHEREFIT, you accept these Terms.
TERMS
These Terms and Conditions (“Terms”) constitute a legally binding agreement between the user (“User”, “you”, “your”) and Plonder Pty Ltd (trading as WHEREFIT, ABN 43 606 839 463) (“WHEREFIT”, “we”, “us”, “our”) concerning access to and use of the WHEREFIT online platform (“Platform”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use.
1. Definitions
Access Organisation means any third-party organisation, such as your employer, membership organisation, or an entity administering a rewards, loyalty, or customer benefit program, that has arranged for your access to the Platform.
Partner means a third-party entity providing promotional offers or content via the Platform.
Offer means any promotional discount, rebate, or benefit presented via the Platform.
Partner Website means a website controlled by a Partner, which may be accessed via a link on the Platform.
User Account means a user-specific profile registered to access the Platform.
Content means written, visual, or audio materials, including blog posts, how-to guides, articles, and email communications made available by WHEREFIT or its Partners.
Platform means the WHEREFIT online platform available at www.wherefit.com.
2. Eligibility
(a) Users must be 18 years of age or older.
(b) Access is limited to authorised individuals who are employees, members, or customers of Access Organisations or who are otherwise authorised by an Access Organisation.
(c) Accessing the Platform without such authorisation is strictly prohibited.
3. Registration and Access
(a) By registering for a User Account, you warrant that you:
i. Have permission from your Access Organisation;
ii. Will not share your credentials with any third party;
iii. Will not allow any unauthorised person (including colleagues, friends, or family) to access or view the Platform and/or Content; and
iv. Understand and accept that your access may be revoked or suspended at any time at WHEREFIT’s discretion, acting reasonably.
(b) Without limiting the above, your access to the Platform may also be suspended or terminated if:
i. WHEREFIT is instructed to do so by your Access Organisation;
ii. Your eligibility status changes;
iii. WHEREFIT’s agreement with your Access Organisation ends, or the Access Organisation ceases to nominate you as eligible;
iv. Your Access Organisation modifies your access level or eligibility; or
v. WHEREFIT conducts an audit and determines you are no longer eligible.
(c) WHEREFIT shall not be liable for any loss or inconvenience suffered if your Access Organisation ceases its arrangement with WHEREFIT or alters your eligibility. Any disputes about your eligibility must be taken up directly with your Access Organisation.
(d) You may cancel your User Account at any time by contacting us. Cancellation does not affect any accrued rights or obligations.
4. Platform Availability and Modifications
(a) WHEREFIT does not guarantee uninterrupted or error-free access and will not be liable for any losses arising from such interruptions or errors.
(b) Platform features may be modified, updated, or discontinued at any time, without notice.
(c) We may vary these Terms from time to time, acting reasonably. Updated Terms will be published on our website, and your continued use of the Platform constitutes acceptance. Where changes are material, we will provide you with reasonable notice, for example, via notification on the Platform. If you do not agree with the updated Terms, you must discontinue using the Platform. It is your responsibility to check the current Terms before continuing to use the Platform.
(d) While WHEREFIT implements reasonable security measures, it cannot guarantee the absolute security of the Platform or any data transmitted or stored on it. Users acknowledge that internet transmissions are inherently insecure. WHEREFIT shall not be liable for any unauthorised access, disclosure, or data breach beyond its reasonable control.
(e) WHEREFIT collects, uses, and protects personal information in accordance with its Privacy Policy. By using the Platform, you agree to the collection and use of your personal information as described in the Privacy Policy.
5. Permitted Use and Fair Use Policy
(a) You must not:
i. Access or use the Platform in violation of any applicable law;
ii. Attempt to circumvent or disable security features;
iii. Copy, distribute, disclose, or otherwise share any information from the Platform and/or Content externally, including blog posts, how-to guides, or promotional materials, even if publicly accessible;
iv. Display, frame, or embed the Platform or any of its Content within another website or service without WHEREFIT’s prior written consent;
v. Use automated systems (e.g., bots, scrapers);
vi. Misuse the Offers or share any codes or links publicly;
vii. Attempt to use, reproduce, or redeem any Offer outside of the Platform or without proper authorisation;
viii. Use Offers for commercial purposes, including resale;
ix. Transfer Offers to ineligible individuals;
x. Use Offers in conjunction with other promotions, unless expressly permitted;
xi. Facilitate or enable others to access the Platform or redeem Offers in breach of these Terms; or
xii. Use the Platform or Content in any way that could expose WHEREFIT or its Partners to legal, financial, or reputational risk.
(b) WHEREFIT may notify your Access Organisation of any breach of this clause and may share relevant information with them for compliance purposes.
(c) WHEREFIT reserves the right to restrict, suspend, or terminate your access where misuse, excessive consumption, fraud or unauthorised access is detected. Excessive consumption means usage that is automated, unusually frequent, or clearly inconsistent with normal personal use, as determined by WHEREFIT.
6. Content and Communications
(a) WHEREFIT may make available informational Content.
(b) Some Content is authored or provided by WHEREFIT’s Partners or other third parties and is published for general informational purposes only and not medical advice. Seek professional advice before acting on it.
(c) You acknowledge and agree that:
i. Content may not be reproduced, shared, or distributed without prior written permission;
ii. WHEREFIT is not responsible for the accuracy, completeness, or relevance of any third-party Content;
iii. Email communications are part of the Platform service and may include important notifications and marketing messages, unless you opt out in accordance with our Privacy Policy; and
iv. The views expressed in partner-provided Content do not necessarily reflect the views of WHEREFIT.
7. Partner Offers and Third-Party Sites
(a) Partners are independent third parties. Nothing in these Terms creates any employment, partnership, joint venture, fiduciary or agency relationship between WHEREFIT and a Partner. WHEREFIT does not act for or on behalf of Partners.
(b) WHEREFIT facilitates access to Offers provided by Partners.
(c) WHEREFIT may receive commission, fees, or other compensation from Partners when you redeem certain Offers on the Platform, in accordance with applicable laws.
(d) Any transaction or interaction you undertake via a Partner Website is solely between you and the Partner.
(e) WHEREFIT does not:
i. Control or endorse any Partner or Partner Website;
ii. Supply, endorse, or guarantee the goods or services of a Partner, and you acknowledge that the Partner (not WHEREFIT) is the supplier responsible for the quality, availability, pricing, delivery, refunds, or any other aspect of those goods or services;
iii. Warrant the availability of Offers provided by Partners;
iv. Warrant the availability, pricing, or quality of Partner goods/services;
v. Accept responsibility or liability for any loss incurred on a Partner Website;
vi. Accept responsibility for any errors, omissions, or misrepresentations made by Partners on the Platform or otherwise;
vii. Act as a booking platform, payment processor, agent, or referrer;
viii. Accept responsibility for any fees, cancellations, or changes associated with third-party offers; or
ix. Have a responsibility to maintain Partner Offers and may remove them at any time.
(f) By using the Platform, you agree not to rely on WHEREFIT for the accuracy, availability, or delivery of any third-party goods or services.
(g) You acknowledge that fitness and wellbeing activities carry inherent risks (including injury or illness). You are responsible for assessing whether any Partner goods/services are suitable for you and for seeking medical advice where appropriate. To the extent permitted by law, you participate in any Partner activity at your own risk. WHEREFIT is not responsible for any injury, illness, or other health outcome from participation. Partners may require you to accept their own waivers and safety rules.
(h) Certain Offers may also be subject to additional terms notified to you at the point of purchase or use. Any such additional terms apply to the extent of any inconsistency with these Terms, but only in relation to the specific Offer.
(i) If you have an issue with an Offer or any transaction or interaction you undertake with a Partner, please contact the Partner directly using the details on their website. Complaints or refund requests in relation to a Partner’s goods or services must be directed to the relevant Partner. WHEREFIT may, at its discretion, assist in facilitating contact with a Partner, but is not responsible for resolving such complaints.
(j) If there is any inconsistency between these Terms and a Partner’s own terms of supply, the Partner’s terms will prevail solely in relation to the relevant Partner goods or services (including pricing, refunds, delivery, or service conditions). This does not change the fact that Partners, and not WHEREFIT, are responsible for supplying those goods or services.
(k) WHEREFIT may use aggregated, de-identified usage data to improve the relevance of offers shown on the Platform.
(l) WHEREFIT may log and monitor activity on the Platform to support compliance and security, in accordance with our Privacy Policy.
8. Intellectual Property
(a) All content (written material, images, logos, design rights, trademarks, layout, design, guides, and software) within the Platform or in communications sent by WHEREFIT is owned by or licensed to WHEREFIT.
(b) Such content may not be copied, modified, or distributed without express authorisation.
(c) Certain material may be provided by our Partners under licence. All such material remains the intellectual property of the relevant Partner and is used by WHEREFIT with permission.
9. Statutory Rights
(a) Nothing in these Terms limits or excludes your rights under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)), the New Zealand Consumer Guarantees Act 1993, or the Fair Trading Act 1986 (NZ).
(b) If such laws apply, you may be entitled to a refund, repair, or replacement in the event of service failure to meet a consumer guarantee.
(c) These rights cannot be excluded and are in addition to any rights or remedies under these Terms.
(d) WHEREFIT does not collect or process payments for Partner goods or services and has no obligation to provide refunds. Any payments, refunds, or chargebacks are handled directly by the Partner or your Access Organisation, subject to their own policies and applicable law.
10. Termination and Dispute Resolution
(a) WHEREFIT may suspend or terminate your access if reasonably necessary, including suspected breach, unauthorised use, fraud, or misuse of the Platform.
(b) If you believe your account was terminated in error, you may contact us at [email protected] within 14 days of termination and we will review your dispute and provide a written outcome within 30 days.
11. Limitation of Liability
(a) To the fullest extent permitted by law:
i. WHEREFIT shall not be liable for indirect, consequential, or special damages;
ii. WHEREFIT’s total liability shall not exceed AUD $100 or NZD $100, as applicable; and
iii. Nothing herein excludes rights available under the Competition and Consumer Act 2010 (Cth), the New Zealand Consumer Guarantees Act 1993, or other non-excludable statutory rights.
(b) These limitations of liability are enforceable to the fullest extent permitted by applicable law.
12. Indemnity
(a) You agree to indemnify and hold harmless WHEREFIT, its officers, directors, employees, and agents from any loss, damage, liability, claim, or demand arising from:
i. Your breach of these Terms; or
ii. Your unauthorised or unlawful use of the Platform.
13. Force Majeure
(a) WHEREFIT shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including but not limited to natural disasters, epidemics, pandemics, outages, acts of war, governmental actions, labour disputes, or third-party service failures.
14. Assignment
(a) WHEREFIT may assign or transfer its rights and obligations under these Terms without consent.
(b) You may not assign your rights and obligations under these Terms without prior written approval from WHEREFIT.
15. Severability
(a) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Waiver
(a) If you breach these Terms and we do not act immediately, we still reserve the right to enforce our rights at a later time. No failure or delay by WHEREFIT in enforcing its rights shall be deemed a waiver.
(b) Any waiver must be in writing and signed by WHEREFIT.
17. Entire Agreement & Survival
(a) These Terms (together with our Privacy Policy) constitute the entire agreement between you and WHEREFIT regarding your use of the Platform.
(b) The provisions that by their nature should survive termination shall survive, including but not limited to: Intellectual Property (clause 8), Limitation of Liability (clause 11), Indemnity (clause 12), Force Majeure (clause 13), Severability (clause 15), Waiver (clause 16), and Governing Law (clause 18).
18. Governing Law
(a) These Terms are governed by the laws of New South Wales, Australia.
(b) Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
(c) WHEREFIT does not warrant that the Platform or its Content complies with the laws of any jurisdiction outside Australia or New Zealand.
(d) If you access the Platform from another jurisdiction, you do so at your own risk and are responsible for compliance with local laws.
19. Contact
For any questions and notices, please contact:
Plonder Pty Ltd (trading as WHEREFIT; ABN 43 606 839 463)
Level 13, 477 Pitt Street, Haymarket, SYDNEY NSW 2000
Last updated: 1 September 2025