Terms & Conditions

Terms and Conditions
Fitforme Australia Pty Limited

 

1. Application of these Terms and Conditions

    These Terms and Conditions of Use (the Terms and Conditions) apply to the purchase of goods (Goods) from Fitforme Australia Pty Limited through the website located at www.fitforme.com.au (the Site). By using our Site or placing an order for Goods on the Site, the customer (you, your, Customer) agrees and accepts these Terms and Conditions and the Fitforme Australia Pty Limited  Privacy Policy.

    2. Variation of these Terms and Conditions

      We may make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes. If we change these Terms and Conditions we will publish an updated version under the ‘Terms and Conditions’ link on the Site. Your access or use of the Site after an updated version of these Terms and Conditions has been made available on the Site indicates your acceptance of the Terms and Conditions as changed by us.

      3. Content – Intellectual Property

        All materials on the Site are owned by us (Our Content) or our third party licensors, which includes materials protected by copyright, trade mark and other intellectual property rights. 

        Third party websites, including Linked Sites (as defined in clause 13) may post statements, information, features, content, products or other materials on the Site from time to time (Third Party Posted Material). We are licensed by Linked Sites to use their intellectual property and Third Party Posted Material on the Site.

        This Site or any portion of this Site, including Third Party Posted Material, may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited without our express permission, which consent may be withheld in its full discretion, or otherwise permitted under the Copyright Act 1968 (Cth).  If you do wish to obtain permission for a particular use of our Site, please contact us via email at info@fitforme.com or post at:

        FitForMe, P.O. Box 428, 3000 AK Rotterdam, The Netherlands

        Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trade mark or trade secret information.  No trade marks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.  

        You may use Our Content and Third Party Posted Material for your personal, non-commercial purposes.  Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, publish or create derivative works from, or use for any commercial purpose, any part of Our Content or Third Party Posted Material.

        Specifically, except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:

        • copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites;
        • perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites;
        • alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites; or
        • use or apply for commercial purposes any material or information on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites,

        without our specific prior written consent.

        To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or Third Party Posted Material and have no liability to you for your use or reliance on Our Content or Third Party Posted Material.

        Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

        All rights not expressly granted in these Terms and Conditions are reserved.

        4. Prices

          Fitforme Australia Pty Limited reserves the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10%.

          If transaction fees apply, the transaction fees charged will be clearly displayed at the time of purchase.

          5. Consumer Guarantees

          • Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
          • Under the ACL and similar state and territory legislation, consumers have additional rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.
          • Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
          • Subject to clauses 1, 5.2 & 5.3, you acknowledge that your use of the Site, Linked Sites and Third Party Posted Material, is entirely at your own risk and are provided without warranty, either express or implied.

          6. No illegal use

            You must not use the Site in any manner or for any purpose which is illegal or prohibited by any laws.

            7. Site disclaimers

              We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site.  Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.

              8. Liability and indemnity

                Fitforme Australia Pty Limited  has no liability for any act, omission or default, whether negligent or otherwise of any third party. Where Fitforme Australia Pty Limited’s liability cannot be excluded, such liability is limited to the value of the product purchased.

                We do not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free.  We will attempt to keep the content on the Site up to date.  However, we do not warrant the accuracy or currency of the content.  

                To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis), however arising (whether in negligence or otherwise) in connection with:

                • your use, misuse or reliance on the Site, Our Content, User Content and any content accessed through the Site;
                • your failure to comply with these Terms and Conditions;
                • your use, misuse or reliance on any Linked Site (as defined in clause 9); or
                • any acts or omissions by you.

                9. Third party links

                  The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively, Linked Sites).  Access to Linked Sites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.

                  You acknowledge that:

                  • when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;
                  • we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a Linked Site;
                  • we are not a party to your relationship with the owners or operators of a Linked Site;
                  • any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site; and
                  • we may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.

                  10. Returns and Deliveries

                    If you are not completely satisfied with your choice, you can request a refund or exchange of the product within 30 days of the purchase date in accordance with our Returns and Deliveries Policy. The refund excludes any delivery or transaction fees paid at the time of purchase.

                    11. Purchase Cancellations

                      We are unable to cancel a purchase order once it has been made. If you have changed your mind about the purchase, you may return or exchange the product in accordance with clause 10 and our Returns and Deliveries Policy.

                      12. Termination

                        We may terminate your access to the Site (or any part of it) at any time without reason and without notice.  These Terms and Conditions survive any such termination.

                        13. Privacy

                          By using our Site or placing an order for Goods on the Site, you warrant that you have obtained the appropriate consents and authorities for any personal information that you provide to us (whether that personal information relates to you or a third party individual), either directly or through third parties, and that we are able to use that personal information for the purposes as set out in these Terms and Conditions and our Privacy Policy. You may be asked to input information about yourself on different areas of the Site. 

                          14. Accounts and passwords

                            If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.