Introduction
These Terms and Conditions govern the use of fitnessmarket.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by FitPort Pty Ltd (www.fitquip.com.au). If you need more assistance you can always contact us on 1300 557 773 between 8.30am - 5.30pm AEST Monday to Friday (excluding public holidays), or email info@fitquip.com.au Acknowledgment and acceptance of Terms and Conditions Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Fitness Market reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Fitness Market or Fitness Market's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Fitness Market be limited to: 1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and 2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Disclaimer
The information contained on the website is provided by Fitness Market in good faith. To the best of Fitness Market's knowledge, the information is accurate and current. However, Fitness Market and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Fitness Market 's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Fitness Market disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fitness Market makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that Fitness Market does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Fitness Market is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Fitness Market will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright
Copyright in the fitnessmarket.com.au website is property of FitPort Pty Ltd and associates. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Fitness Market and third parties. This property may only be used for the purposes of browsing the fitnessmarket.com.au website and acquiring goods and services of fitnessmarket.com.au.
Applicable Law
These Terms and Conditions are governed by the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts, which may hear appeals from those courts.
Privacy
We treat all customer information in accordance with our Privacy Statement. Our Privacy Statement constitutes part of these Terms and Conditions. See Privacy Statement for further details.
Product Information
Prices of goods and services and delivery and other charges displayed on the fitnessmarket.com.au website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Product Ordering - Returns and Refunds
The Returns and Refunds page outlines our policy regarding product returns and/or refunds. The Returns and Refunds page form part of our Terms and Conditions. The Returns and Refunds page is subject to change without notice.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Fitness Market and Fitness Market's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Fitness Market harmless from and against any and all claims, loss or expense that may be incurred by Fitness Market or Fitness Market 's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Fitness Market and Fitness Market's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
