Terms of service
OVERVIEW
Welcome to Fitat60. The terms “we”, “us” and “our” refer to Fitat60.
Fitat60 operates this website and online store, including all related information, content, features, tools, products and services (the “Services”). Fitat60 is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, set out your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights, including under the Australian Consumer Law (ACL).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least 18 years of age, or that you are accessing the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You may be required to provide personal information including your email address, billing, payment and shipping details. You warrant that all information provided is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not sell, transfer or assign your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately display product descriptions and images. However, product appearance may vary due to device settings or manufacturing variations.
To the maximum extent permitted by law, we do not guarantee that products will meet personal expectations. Nothing in this section excludes or limits your rights under the Australian Consumer Law.
Product descriptions, availability and pricing are subject to change at any time without notice.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. Orders are not accepted until payment has been received and the order is confirmed by us.
We reserve the right to refuse or cancel any order. If we cancel an order after payment has been taken, you will receive a full refund.
Returns and refunds are governed by our Refund Policy [LINK] and your rights under the Australian Consumer Law.
You confirm that purchases are for personal or household use only.
SECTION 4 – PRICES AND BILLING
All prices are listed in Australian Dollars (AUD) unless stated otherwise and are inclusive of GST where applicable, unless expressly stated.
Prices, promotions and availability may change without notice. You agree to provide accurate payment and billing details and authorise us to charge the applicable amount.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed.
Risk of loss passes to you once the goods are delivered to your nominated delivery address, in accordance with the Australian Consumer Law.
Nothing in this section limits your statutory rights where goods are lost, damaged or delayed in transit.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services is owned by or licensed to Fitat60 and is protected under Australian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not copy, reproduce or distribute any content without prior written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available”. We do not control or warrant these tools and are not responsible for any loss arising from their use.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for their content, products or services. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Fitat60 is powered by Shopify. All purchases are made directly with Fitat60. Shopify is not responsible for any transactions between you and us, and you release Shopify from related claims.
(This section is required by Shopify and must not be modified.)
SECTION 10 – PRIVACY POLICY
Personal information is handled in accordance with our Privacy Policy [LINK] and the Privacy Act 1988 (Cth).
By using the Services, you consent to the collection, use and disclosure of your information as described.
SECTION 11 – FEEDBACK
Any feedback you provide may be used by us without compensation. You warrant that you have the right to submit such feedback and that it does not infringe third-party rights.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors or inaccuracies at any time, including after an order has been placed. If an order is cancelled, you will receive a refund.
SECTION 13 – PROHIBITED USES
You must not use the Services for unlawful purposes, to infringe rights, transmit malware, or interfere with the operation or security of the Services.
We may suspend or terminate access if you breach these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend access at any time. Obligations incurred prior to termination remain enforceable.
SECTION 15 – DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the Services are provided “as is” and “as available”.
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies available under the Australian Consumer Law.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, we exclude liability for indirect or consequential loss.
Where liability cannot be excluded under the Australian Consumer Law, our liability is limited, at our option, to the replacement, repair or refund of the relevant goods or services.
SECTION 17 – INDEMNIFICATION
You agree to indemnify us against losses arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is unenforceable, it will be severed without affecting the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Fitat60.
SECTION 20 – ASSIGNMENT
You may not assign your rights without consent. We may assign our rights at any time.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia, and the courts of Victoria have exclusive jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Continued use of the Services constitutes acceptance of updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms may be sent to:
Fitat60
Email: hello@fitat60.com
Business Address: 3/112a Martin St, Brighton Vic. Australia
ABN: 73637366057
