Please read carefully before proceeding
This website at www.fitnesstogo.com ('the Site') is operated by Fitness to go Pty Ltd ("us" or "we").
By visiting or shopping at the Site, you automatically accept these terms and conditions ('Terms') and warrant that you have the legal right to do so.
Please read these Terms carefully. If you do not agree to abide by them please leave this Site.
Each of the Services available on the Site may have its own Service or Member Agreement. The entire agreement between you and us is this document, together with any other Service or Member Agreements and referenced policies and documents. To the extent of any inconsistency between these Terms and those agreements, policies and documents these Terms takes precedence, unless otherwise agreed in writing.
In addition, when you use any current or future service of ours or visit or purchase from any business affiliated with us, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business.
1. Ownership of Intellectual Property
1.1. Unless otherwise indicated, we own the intellectual property (including copyright, trademark, patent and design rights) in the content on this site, including text, graphics, the "look and feel" of the Site, software and hypertext mark up language ('Content').
1.2. In addition, some Content of this Site may be reproduced by us under licence to third parties, including our Members.
2. Licence and obligations
2.1. Except as provided below, you have a non-exclusive right ('Licence') to access and use the Content for non-commercial private use or otherwise with our written consent.
2.2. You must not copy, modify or publish the Site or any Content, except with our express written consent, where permitted by law or where authorised by these Terms.
2.3. You must not interfere with the operation of this Site, including adding to, removing from or altering any of its content.
2.4. You must obtain our permission to use our name or any other trade marks (including logos) or any intellectual property in the Content including, without limitation, using any Content on your web site or a website controlled by you.
2.5. If you take a copy of any Content on this Site with permission you must ensure that any copyright notice attached to that content is reproduced as well.
3. Links to third party websites
We grant you a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site or our Members' Web-stores so long as these links do not portray us, our Members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
4. Payment for orders
Payment for any orders made from the Site or from our Members' Web-stores must be made by our Secure Store payment system
5. Minors and Purchasing from our Members' Web-stores
If you are under 18, you may only purchase items from us or our Members with the involvement of a parent or guardian. Additionally, you are not allowed to view Web-stores that have been marked as inappropriate for minors without the consent of your parent or guardian.
6. International Duties and Taxes
6.1. If you order from the Site or from our Members' Web-stores, you must comply with all laws and regulations of the country in which you are receiving the goods and must pay all duties and taxes which are levied when shipment of your order reaches your country.
6.2. Any additional charges for customs clearance must be borne by you.
7. IDs and Passwords
7.1. If you are provided with an ID and/or password in order to use certain services and products on the Site, you are responsible for maintaining their confidentiality and for restricting unauthorised access to them.
7.2. You agree to accept responsibility for all activities that occur under your ID or password.
8. Suspension and Termination
If you breach any of these Terms or any Service or Member Agreements, we may decide at our absolute discretion to do any of the following:
(a) suspend; or
(b) permanently block,
your access to the Site or any of its content.
9. Disclaimer and Limitation of liability
9.1. We can't guarantee that the content of the Site will always be accurate, complete or suitable for a particular purpose or that the Site will be free from viruses, faults or defects.
9.2. We can't be responsible for anything outside our reasonable control, including, without limitation, delays or failures caused by third parties.
9.3. As far as the law permits, we are not liable for any loss, damage, liability or expense you incur or suffer as a result of your use of any of the content of this Site and exclude all express or implied warranties in relation to that content.
9.4. If legislation implies terms into these terms and conditions which cannot legally be excluded, those terms will apply. However, if we breach any of those terms our liability is limited to:
(a) in the case of goods -
(i) the replacement of goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) paying for the cost of replacing the goods or acquiring equivalent goods; or
(iv) paying for the cost of having the goods repaired, or
(b) in the case of services-
(i) resupplying the services; or
(ii) paying for the cost of having the services re-supplied.
9.5. If we are liable in contract, tort, equity or by statute in relation to the Site or your use of the Site, our liability is limited to:
9.5.1. the amount of any loss or damage suffered by you due to personal injury or property damage; or
9.5.2. otherwise, the amount of any loss or damage suffered by you.
9.6. We are not liable for:
(a) any special, indirect, incidental, consequential or economic loss or damage (whether or not the possibility of those losses or damages being suffered is brought to our attention) arising in relation to the Site or your use of it; and
(b) any loss or damage arising as a result of your wilful or negligent conduct. If we suffer loss or damage as a result of such conduct, you must indemnify us for that loss or damage.
10. Alteration of Terms and content of Site
10.1. We reserve the right to alter the Site or its contents without having to tell you. We reserve the right to make changes to these Terms and we may give you notice of those changes (including by e-mail).
10.2. We reserve the right to make changes to our site, policies, and these Terms at any time and will take reasonable steps to publish these changes.
11. Electronic Communications
11.1. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by email or by posting notices on our main site.
11.2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Cookies
You acknowledge that if you disable the use of cookies on your web browser or remove or reject specific cookies from the Site, then you may not be able to gain access to all the content and facilities of the Site.
13. Privacy
13.1. We have a privacy policy which sets out our policies and practices in relation to the collection, use and handling of personal information. By using this Site you warrant that you have read and understood this policy.
13.2. From time to time we may amend this policy and you are encouraged to review that policy regularly for any amendments.
14. Severability
If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.
15. Waiver
A waiver by us is only effective if it is in writing and only in relation to matters specified in that waiver. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
16. Governing law
These Terms are governed by and construed according to the law of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
17. Entire Agreement
These Terms constitute the entire agreement between the parties as to its subject matter and replaces any prior understanding or agreement between the parties in relation to that subject matter.
Copyright/trade mark infringement notice
Note: While our service is designed to prohibit a Member from offering content to which they do not own rights, it is possible to abuse our system and infringe upon a third party's intellectual property rights. If you believe that such a violation has occurred, please complete the following notice. We sincerely appreciate your help in ensuring that everyone's intellectual property rights are properly respected.
In order to properly investigate your claim for infringement of your copyright or trade mark rights we will need the following information from you:
1. The signature (electronic or physical) of the person authorized to act on the behalf of the owner of the rights that have been allegedly infringed
2. Identification of the rights that have been allegedly infringed
3. Your name, email address, telephone number, and street address
4. The URL where the material containing the alleged rights violations was purchased from or located at
5. A statement to the effect that you believe that the material in question, in the manner complained of, is not authorized by the rights owner, its agent, or the authorities
6. A statement that the information in the above notification is accurate, and under penalty of prosecution, that you are authorized to act on behalf of the owner of the rights that are allegedly being infringed
Please send an email containing the information outlined above to: info@fitnesstogo.com.
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