General Terms & Conditions
Welcome to FITASFX.com.au (the site)
The following terms and conditions relate to the operation and function of Addiction Edition Pty Ltd, an Australian registered company in the Fitness industry.
Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation or any other such laws in the region.
The following terms and conditions (“Terms”) form a legally binding agreement between you, as the person accessing and otherwise using the Site (“You”, “Your”) and Addiction Edition Pty Ltd (ACN 151548122) and its affiliates, as the creator of the Site (“We”, “Us” or “Our”). In accessing or using the Site, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must leave the Site, and refrain from accessing or using the Site in future.
We reserve the right to update these Terms from time to time without notice. However, any updated Terms will be posted on the Site and it is Your responsibility to review those updated Terms before continuing to access or use the Site. Your continued used of the Site means that you have accepted any updated Terms.
Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
By using the Site, You represent and warrant that You are at least 18 years old and that, in any case, You have the permission of a parent or guardian if You are less than 18 years old. Parents and guardians of Users under the age of 18 must read and agree to be bound by these Terms, and agree to be responsible for such use of the Site and the purchase of any products or services advertised on the Site (“Products” “Services”).
If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.
SERVICES AND PRODUCTS
This agreement applies to all customers who make a purchase either via (the site) fitasfx.com.au or in person (“at location”) at FITASFX.
FITASFX is not liable for any of its products that have been on-sold by a customer to a third party.
WE RECOMMEND THAT YOU SEEK MEDICAL CLEARANCE BEFORE PARTICIPATING IN ANY SESSIONS.
USE WEBSITE AND SOCIAL PLATFORMS
The content of the pages of this website and our social platforms are for your general information and use only. All content is subject to change without notice.
Neither FITASFX nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website or social platforms. Where we, FITASFX, make our best endeavors to avoid errors, you acknowledge that such information on this website or social platforms may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
Your use of any information or materials on this website or our social platforms is entirely at your own risk, for which FITASFX shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website or social platforms meet your specific requirements.
This website contains material which is owned by or licensed to FITASFX. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use (i.e. to download and display locally) any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through the Site (“Content”) solely to enable You to purchase the Products and enjoy the benefits of the Site as intended by Us under these Terms. Any use, reproduction, modification, distribution, sale, sub-licence or storage of the Site (and any Content) for any purpose other than using the Site in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to the Site to any third party or otherwise use the Site for the commercial benefit of any third party.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that FITASFX endorses the website(s). FITASFX has no responsibility for the content of any linked website(s).
You may not create a link to this website from another website or document without prior written consent.
You must ensure that Your access to and use of the Site is not illegal or prohibited by any applicable laws. You are responsible for anything You do, send or post on the Site. You must not send or post anything that is offensive, infringes any person’s rights, is against any applicable law, or which We think is inappropriate. We may remove from, or refuse to display on, the Site anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.
You must not violate the security of the Site in any way. We may suspend or cancel Your account or Your access to the Site if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity.
OUR INTELLECTUAL PROPERTY
We, and Our licensors (as applicable), own all intellectual property rights in and to the Site (including any updates, enhancements and new features), the Products, and any Content (“Our Intellectual Property”). You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property.
The Site, and the Content, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
If You use Our Intellectual Property in breach of these Terms, Your right to use the Site will cease immediately.
The use of the Site and/or the purchase of Sessions and Products may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on the Site.
By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Access to the Site is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of the Site without notice. We will not be liable if, for any reason, the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Site. You are also responsible for ensuring that all persons who access the Site through Your internet connection are aware of these Terms, and that they comply with them.
PAYMENTS PACKAGES SESSIONS PRODUCTS
When You place a purchase from the Site, You will be required to provide Your full name and exact billing address, among other important information. Please ensure that any information You provide to us is accurate and complete, to avoid delays in fulfilling your purchase.
Your request represents an offer to Us to purchase the relevant Products or Services for the price of those Products or Services which will be accepted by us when we deliver our services or dispatch products.
We may cancel the whole or any part of an online purchase (including any that We have accepted) at any time without any liability to You in Our absolute discretion, including without limitation, if:; (a) there is an error or omission in the price or description of any Service or Product in the Order or on the Site; (b) We reasonably believe You are in breach of any term or condition of this Agreement; or (c) payment in respect of the Order is unable to be processed. If We cancel all or any part of Your Order, We will endeavour to notify You within a reasonable time and will refund any payment received.We will confirm any purchases by You by sending You an email confirmation. This email confirmation is evidence that We received your order, and that the contract between us has been formed in relation to the sale and purchase of those Services or Products specified in the email confirmation.
We will charge You, and You agree to pay, the price of each Service or Product ordered on the Site applicable as at the date you place Your Order, together with all /any fees and taxes. Prices for Services are shown on the Site at the time You place Your Order and are exclusive of all taxes, duties, levies or tariffs that may be imposed. All prices are quoted in Australian dollars. We reserve the right to change these prices and charges from time to time without notice.
You must pay the full purchase price for each Product ordered in Australian dollars at the time You place the Order.
All payments are must be made by electronic funds transfer or through PayPal,
You agree that We may, in the process of validating or verifying Your identity or payment, contact You and request such information as we reasonably require.
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of Victoria. You submit to the jurisdiction of the courts of Victoria in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
If You would like to know more about how We use, store or handle Your personal information, please connect with us via email at firstname.lastname@example.org
By accessing and using the Site, You consent to receiving electronic communications from us from time to time, some of which may advertise products and services that We think may interest You.
DISCLAIMER AND NO WARRANTIES
You acknowledge that the Site is provided on an “as is” and “as available” basis, and that, to the fullest extent permitted by law, We expressly disclaim all express and implied warranties including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, title and non-infringement.
While we use reasonable measures to ensure the accuracy and currency of any Content, We cannot guarantee that any Content is complete, current, accurate, reliable or free from error.
As there are many factors beyond Our control that may affect the performance or compatibility of the Site with certain software or hardware, We cannot promise that Your use of the Site will not be interrupted, or that the Content or the Site is free from virus or error or defect, or that errors or defects will be corrected.
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.
LIMITATION OF LIABILITY
By accessing and using the Site, You assume all risks associated with such access and use. You agree not to hold Us responsible for things other users of the Site post or do.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from Your use of the Site or the Products or Your reliance on the Site or the Content (including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the value of any purchases You placed through the Site, or (if we choose) Us providing the relevant service again.
To the extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Site or any Content, service, site or link displayed on or accessed through the Site.
INDEMNITY AND RELEASE
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from any breach of these Terms by You.
You must bring a claim against Us in relation to any loss suffered or incurred by You in connection with Your use of the Site or the Services within one month of such claim arising. If you fail to do so, We (and each of Our directors, employees and agents) shall be deemed to be released from any and all liability in respect of such claim.
ONLINE VOUCHER & PROMOTIONAL CODES
All online voucher / promotional codes are for online use only. A limit of one code is valid per customer, per transaction. Voucher / promotional codes cannot be used in conjunction with any other voucher / promotional codes and offers. This means that they cannot be used in conjunction with recurring orders and subscriptions, which are already discounted. We have the right to limit and/or decline a transaction if it does not meet the Terms and Conditions. During times when we are on sale, voucher / discount codes may be turned off.
RULES OF CONDUCT
You agree to abide by the rules of conduct, behavior, dress code, equipment usage and use of services within FITASFX. You recognize that you understand these rules and that they have been provided to you in the terms and conditions.
You agree that the Service fees are not refundable and understand that non-usage of FITASFX does not allow for termination of this agreement nor does it warrant a refund of any type. You also agree and understand that any non-usage of FITASFX does not affect any of the terms of this agreement and that FITASFX is in no way responsible for your level of usage nor is it responsible to notify you of your usage at any stage.
Packages and sessions at FITASFX are non-transferable, unless agreed upon by the manager and the existing Client or Clients in question.
If you breach any terms of this agreement or act in a way we deem inappropriate, we may suspend or cancel your package. If any such breach causes us or another person costs, loss or damage, you agree to pay for these.
Locations / Facilities and Services may change without prior notice. Any such changes will not affect the terms of this agreement.
You are not permitted to leave children unattended during the sessions and if you do, you recognize that FITASFX accepts no responsibility for the safety or wellbeing of any such children.
You acknowledge and recognize the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities within FITASFX, you agree to release and indemnify FITASFX and any company / Person / Person’s associated with FITASFX. You agree to participate in all activities at your own risk and responsibility whether supervised or not by staff. You agree to release and hold harmless the FITASFX staff and any associated parties from and against all actions which may be bought by you or on behalf of you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way what so ever. Any injury that may incur must be reported to FITASFX management immediately.
You acknowledge that it is your responsibility to have medical clearance before participating and fill out any necessary documents, You acknowledge that its your responsibility to inform FITBYFX of any past injuries or medical conditions / episodes including COVID
FITASFX takes your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, sms or mail correspondence from us regarding your membership, special offer, promotions or your health then please send us an email or letter confirming that you wish to unsubscribe for such methods of communication.
Please submit any complaints via email to email@example.com . Please include all detail relating to your complaint. We will do all that is reasonably as possible to assess the merits of the complaint and respond within a reasonable timeframe.
All customers, individuals, Referrers, and Referred Customers who participate in sessions ran by FITBYFX are also agreeing and allowing permission to subscribe to FITBYFX newsletter, which is distributed to the individual via the form of an email. The newsletters and/or updates from FITBYFX may include special offers, articles, and any other updates. At any time, you can update your email alert preferences.