Terms and Conditions
This website is operated by Stenmark Fit Pty Ltd ACN 640 312 116 (referred to in this document as we, us or our).
If you use this website (including from remote devices, e.g. mobile phones and tablets) when you place an order on the website, you are agreeing to be bound by the Terms and Conditions listed below and any other laws or regulations which apply to this website. If you do not accept these Terms and Conditions, you must refrain from using this website. We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Using our website
- This website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
- You must ensure that your access to this website, or any purchases you make from this website, are not illegal or prohibited by laws which apply to you.
- We endeavour to keep the content of our website accurate, up to date and adequate. However, we cannot guarantee the accuracy, adequacy, currency or completeness of the information on our website.
- We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
- You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
- Access to this website may be withdrawn at any time without notice. These Terms and Conditions will survive any such withdrawal.
Buying our products
Use of fitness program
- When you subscribe to our fitness program, you are granted a non-exclusive, non-transferable, non-sublicensible licence to personally access and use, for non-commercial purposes, the website and the services offered on the website until such licence is terminated when your subscription ends. We can terminate the licence and your subscription in our sole discretion if we believe you have breached any of the Terms and Conditions.
- In downloading any content from the website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the website and the fitness program.
- You agree that if you download any content from the website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
- You agree that in downloading any service or product from the website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the website and/or make it available over a network where it could be used by multiple devices at the same time.
- The content on the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
- We may provide direction or recommendation in relation to our products on our website or on our products’ packaging, including recommendations and warnings in relation to specific items that may not be suitable for everyone.
- You acknowledge and agree that the products sold on our website may, depending on your requirements, be unsuitable for or harmful to you.
- You represent and warrant that:
- before purchasing and using any product sold on our website, you have made the necessary enquiries to ensure that our products are not unsuitable for or harmful to you or any individual to whom you may provide our products;
- you will not provide our products to any individual to whom our products could be harmful; and
- where relevant, you will use and store our products in accordance with any direction or recommendation we give on our website or on our products’ packaging.
- You must be at least eighteen (18) years of age to place an order on our website.
Ordering products and services
- When you place an order on our website, you are agreeing to purchase the selected products or services for the price notified to you through the ordering process and in accordance with these Terms and Conditions. We will send you a tax invoice and an order number at the email address you have provided to us.
- We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
- We retain discretion to cancel any orders for any legitimate reason (including if the requested products or services are not available, or if we suspect a breach of these Terms and Conditions or any credit card or payment fraud).
- If we cannot process or accept your order, or decide to cancel your order, we will contact you within a reasonable time after you have submitted your order by email at the email address you have provided to us. If we have rejected or cancelled your order, we will reimburse you for the amounts you paid to us for that order.
- Prices will be displayed in your currency. The full price (including sales taxes and delivery charges) will be notified to you before you finalise your order.
- We reserve the right to change all prices for our products and services sold on our website (including delivery charges) at any time.
- We only accept payment through debit or credit card. We do not accept all debit and credit cards and we reserve the right to refuse any type or brand of debit or credit card and some international debit or credit cards.
- We will process the payment for your order as soon as practicable after you have submitted your order.
Risk and Title
- Subject to paragraph 20, title to the products or subscription passes from us to you when payment is successfully processed through our platform. You will receive an order confirmation once this has occurred.
- You bear the risk relating to any product you have purchased on our website from the time those products are dispatched from our premises.
- Subject to paragraph 27, we will endeavour to ensure that the products you have purchased on our website are delivered to the delivery address you have provided to us during the ordering process. You are responsible for ensuring that the address you have provided to us is accurate and is up to date.
- You acknowledge and agree that any delivery date displayed on our website, or otherwise communicated by us to you is indicative only, and we do not guarantee that your products will be delivered to you within those timeframes.
Changes to our products
- We may change the products we offer on our website at any time without notice.
- We strive to ensure that the description and depiction of our products on our website is accurate and comprehensive. However, such description and depiction may contain inaccuracies, errors or misrepresentations. We reserve the right to amend the description or depiction of any of our products to correct such inaccuracies, errors or misrepresentations at any time without notice.
- The depiction of our products on our website is for information purposes only. You acknowledge and agree that:
- the product you receive may look different from the depiction of that product on our website; and
- the packaging of the product you receive may be different from the packaging depicted on our website for that product.
- When you purchase our products and services on this website, you can create an account on our website. You must ensure that the information you provide to us when you create your account is accurate, and that such information is kept up to date.
- You are responsible for the confidentiality of your login and password details, and you should not provide those details to anyone else.
- We retain the right to terminate any account if we suspect that the account holder has breached these Terms and Conditions.
Limitation of liability
- Subject to paragraphs 37, 38 and 39 and to the extent permitted by law, our liability for any loss or damage, however caused (including by our negligence), that you suffer or incur in connection with a product or services you have purchased on our website is limited to, at our election:
- the price you paid to us when you bought that product or service on our website; or
- resupplying that product or service.
- Subject to paragraph 38, we are not liable for any indirect or consequential loss or damage (including claims against you by third parties), however caused (including by our negligence), that you suffer or incur in connection with a product or service you have bought on our website. “Indirect or consequential loss” includes without limitation any and all loss of profit, bargain, opportunity, reputation or data of any kind, whether direct or indirect.
- If applicable competition, fair trading, consumer protection or other legislation states that there is a guarantee in relation to any good or service supplied by us in connection with these Terms and Conditions and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then paragraphs 36 and 37 do not apply to that liability and instead the our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
- In circumstances where our goods or services come with guarantees that cannot be excluded under applicable consumer protection legislation:
- you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and
- you are also entitled to have the goods repaired by us or replaced (at our election) if the goods fail to be of acceptable quality (as specified in applicable consumer protection legislation) and the failure does not amount to a major failure,
in each case, upon return of the goods to us.
- We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the website and/or participate in the fitness program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the website, the fitness program and/or its products or services.
- You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the website, the fitness program or its products and services, is at your sole risk.
- Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
- You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including reasonable legal costs) which arise out of or relate to:
- your improper or illegal use of the website or your breach of any of the Terms and Conditions;
- any use of our products or services by you, or any individuals to whom you have provided our products, other than the normal use for such products or other than in accordance with any directions given by us on our website in relation to our products; or
- any breach by you of the warranty you provide under paragraph 16.
This indemnification is reduced to the extent the loss or damage is caused or contributed to by our negligence, breach of any applicable law or breach of these Terms and Conditions.
Intellectual property rights
- All intellectual property rights in:
- this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website; and
- our products and services, including all packaging and marketing material,
belong to or are licensed by us. These intellectual property rights are protected by United States of America, Australian and other international laws.
- You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
Governing law and jurisdiction
- If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Changes to these Terms and Conditions
- We reserve the right to make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes. You will be deemed to have accepted such changes based on your continued use of the website following our publication of the notice of change on the website.
Complaints and Concerns
If you have any complaints, queries or concerns about these Terms and Conditions, our products or our interaction with you, please contact us by email at firstname.lastname@example.org