Terms & Conditions

www.fitnessontherun.com.au

T & C's of Use

General

This page (together with any documents referred to on it) tells you the terms and conditions for your use of our website, together with the terms and conditions which pertain to the various services which we provide to our clients. Please read these terms and conditions carefully before Ordering from our site. You should understand that by subscribing to one of our services you agree to be bound by these Terms and Conditions (the ‘Terms’). By purchasing any services from us or by using our website, you are stating that you accept these Terms in full.

Please understand that if you refuse to accept these Terms you shall not be able to Order any services from our website. If you do not agree to these Terms, you should immediately refrain from any future use of our website and/or services.

About Us

We operate the website https://fitnessontherun.com.au which is the trading name of Fitness On The Run. The contact office is located at Flamingo Key, Broadbeach Waters, Queensland, Australia 4218. Our Customer Services contact is 0418 759 813.

Your Status

By placing an Order through our website you warrant that you are legally capable of entering into binding contracts; you are at least 18 years of age; you are resident in Australia; and you are accessing our website from that country.

Payment Services

We use a third party service provider in lieu of directly processing your credit card information ourselves. This service accepts all major debit and credit cards (excluding American Express). By submitting your credit card information, you thereby grant us the right to store and process your information via such third party payment service provider. We shall not be responsible for any failure of such provider to adequately protect your personal information.

All financial matters regarding your information are subject to the conditions of such third party payment service provider’s Terms of Service. We currently use the services of PayPal as such provider.

Supply of Services& Content

The copyright, trademarks, designs, content of materials and training plans and/or programs and any other intellectual property rights (the ‘Intellectual Property’) as are contained within this website are the sole and unencumbered property of Fitness On The Run or (occasionally) the property of certain third parties and where the latter is the case then we warrant to you that such third parties have given us the right to use the same. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by us with our prior written consent. Any unauthorised use of images and/or other content as is contained within our website may violate copyright laws, trademark laws, the laws of privacy and publicity, and (potentially) various other legal regulations and statutes. You acknowledge that we shall be entitled to claim damages against you for any such violations and that we shall be entitled to the remedies of injunction, specific performance and any other applicable equitable relief for any threatened or actual breach of our Intellectual Property by you and that (in such event) no proof of special damages having been suffered by us shall be necessary for the enforcement of any one or more of such remedies.

The information contained on our website is for general information purposes only. While we take every reasonable effort to keep such information up to date and accurate, we make no representation, nor do we give any warranty (whether express or implied) concerning the completeness, accuracy, reliability, suitability for a particular purpose or availability with respect to such information and/or with respect to any of the products or services which might be referred to on such website. Accordingly any reliance you might seek to place upon such information is therefore at your own risk. In no event shall we be liable for any loss or damage (including, without limitation, indirect or consequential loss or damage) whatsoever arising from any loss of data or profits arising out of or in connection with the use of our website.

The inclusion of any external links on our website does not necessarily imply a recommendation, association with or any endorsement of the views expressed within any one or more of the websites to which any of such links refer. Whilst every effort is made to keep our website up and running smoothly, we take no responsibility for (and shall not be held liable for) such website being temporarily unavailable due to site maintenance scheduling and/or technical issues beyond our control.

Products

Certain products may be available for you to purchase through our website store or order form. These products are in limited in quantity and are subject to return or exchange only in terms of our Refund Policy. Whilst we have made every effort to display the colours and images of our products which appear in our store as accurately as possible, we cannot guarantee that your particular computer’s monitor will display all of such colours and images accurately.

We reserve the right to (but shall not be obliged to) limit the sales of our products to any particular person, geographic region or jurisdiction and we further reserve the right to exercise this right on a case-by-case basis without being required to give any reason therefor. We also reserve the right to limit the quantities of any product we might be offering for sale in any particular individual sale. All descriptions of our products and/or product pricing are subject to change at any time without notice.

We reserve the right to discontinue any product at any time. Any offer to purchase any product offered for sale on our website is void where to make such an offer is prohibited by the law of location where such offeror resides. Packaging and postage is an additional charge, to the purchase price of the item concerned and it shall be calculated by us calculated at time of purchase and added into the overall purchase price.

Ordering Products

When you order from us, we shall require you to provide your name, street-delivery address, your email address, your telephone contact number and your credit card details.

Whilst we undertake to take all due care and responsibility for protecting the subject information you provide us with we shall not be responsible for its misuse due to any internet error-in-transmission, virus-infection or other malware.

We undertake to accept or reject your Order within seven (7) days of our receipt of same. If we have not responded to you within the said seven (7) day period then your offer shall be deemed to have been rejected. We shall not be required to give any reason for rejecting your offer to purchase. The most likely reason for our rejecting your offer would be that we did not currently have that particular product in stock at the time you ordered or we could not contact you for further clarification on your Order. Given your location, the estimated delivery time for your ordered product(s) shall be as set out on our website.

Title in any goods so purchased by you shall only pass when we have received payment. Our terms of payment are set out on the Order page of our website store.

All products purchased by you shall be our risk until such time as they are physically delivered by us to the street-delivery address you have provided to us. Once such products been so physically-delivered by us or wholesaler and accepted by you personally and signed for (or physically accepted by and signed for by your agent duly appointed by you in writing) then such products shall be at your risk at all times thereafter.

All ordered items are sent within Australia via Registered Mail or Courier.

The Entire Agreement

All prices and costs displayed on our website are in Australian dollars ($AUS). The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or permission. These Terms together with any policies or operating rules posted by us on our website with respect to our services shall constitute the entire agreement and understanding between you and ourselves governing your use of our services. They shall supersede any prior or contemporaneous agreements, communications or proposals, (whether oral or written) between you and ourselves (including but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the party who was responsible for drafting the same.

Contact us

For more information about our Terms & Condition and business practices, if you have questions, or if you would like to make a complaint, please contact us directly.