The fitness equipment for personal training, home and office use.

Terms and Conditions; Privacy

Introduction
Welcome to fitnesszone.com.au and thank you for shopping with us. These Terms and Conditions govern the use of fitnesszone.com.au ("the website") and the purchase of any goods from it.

The website is operated and managed by Fitness Zone Pty Ltd (ACN 106 375 151).

If you need more assistance you can always contact our office on 1300 851 691 between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email sales@fitnesszone.com.au
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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 Zone 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.
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Limitation of Liability
Any liability of Fitness Zone or Fitness Zone' 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 Zone 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.
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Disclaimer
The information contained on the website is provided by Fitness Zone in good faith. To the best of Fitness Zone' knowledge, the information is accurate and current. However, Fitness Zone and any of their directors, officers, employees, consultants or shareholders ("Fitness Zone' 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 Zone 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 Zone 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 Zone 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 Zone 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 Zone 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.
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Copyright
Copyright in the fitnesszone.com.au website is property of Fitness Zone. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Fitness Zone and third parties. This property may only be used for the purposes of browsing the fitnesszone.com.au website and acquiring goods and services of fitnesszone.com.au.
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Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
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Information Provided by You
If you purchase goods and services from fitnesszone.com.au or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Fitness Zone with current, complete and accurate customer information when asked to do so by the website or an employee of Fitness Zone.
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Virus Warning
All care is taken to ensure that fitnesszone.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
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Privacy
We treat all customer information in accordance with our Privacy Policy.
Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy
At fitnesszone.com.au, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details.

Information you provide us
For fitnesszone.com.au to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.

Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with fitnesszone.com.au, this is provided through the use of Cookies.
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What are Cookies?
• Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser.
• Cookies enable our systems to recognise your browser and welcome you back to the Store.
• By disabling cookies, you will not be able to participate in some of the features offered by fitnesszone.com.au
• Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.
• We recommend that you leave your Cookies enabled otherwise, you will not be able to shop with us.
• Our cookies don't send us back any information about your computer or any other information on your hard drive.
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How do we use the information?

Information that you have provided us will be used in three ways:
• To enhance your shopping experience
• To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by clicking the unsubscribe link at the foot of each message
• To generate a holistic but anonymous view of the fitnesszone.com.au customer base. This information will allow us to analyse trends and demographics to help fitnesszone.com.au improve on the services provided.
• It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our members in any way and honour their right to privacy
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Disclosing Your Information
• Partners
Third party companies and individuals have been engaged to perform functions on behalf of Fitness Zone. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
• Authorities
Fitness Zone will pass on any information relating to suspected fraudulent activity to appropriate authorities
• Partner Stores
With organizations that we operate but do not own, your information will be shared with that business. Please note, that we only go into partnerships with stores who have the same regard to Privacy as we do.
• Industry Groups
From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.

Verification of Accounts
We do use various details to verify information given to us by our members. At times, we use:
- names on member accounts to compare with information on credit cards
- we use member phone numbers and email addresses provided to us to communicate with customers about payments
- we use member addresses to check against credit card billing addresses etc.
- in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
- Many of these checks are done manually and communication is handled carefully by a member of Fitness Zone's own Customer Service team.

Lost login and Password details
All information is kept private. Many account holders often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out.
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Information Security
• All information submitted to fitnesszone.com.au is secured using Secure Sockets Layer (SSL) software.
•Information sitting on the fitnesszone.com.au website is protected by state-of-the-art encryption and firewall technology
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Accessing Your Information
•Personal information provided by you can be changed by you if information provided is incorrect or out of date.
• If you need more assistance you can always contact our Customer Support team on 1300 851 691 between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email sales@fitnesszone.com.au
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Children's Privacy
It is important that any information provided or purchases made by children have the consent of parents or guardians
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Other Privacy information you should be aware of

Sign out or close your browser once you have finished shopping within fitnesszone.com.au or associate partner sites. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.

• You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and fitnesszone.com.au
• Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site

If you need more assistance you can always contact our Customer Support team on 03 93873376 between 8:30am - 5:30pm AEST Monday to Friday (excluding public holidays), or email sales@fitnesszone.com.au
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Product Information
Prices of goods and services and delivery and other charges displayed on the fitnesszone.com.au website are current at the time of display. These prices are subject to variation without notice.

Our foreign currency conversion is based on an approximate conversion rate (excluding GST). This amount displayed is an approximate only. You will be charged in Australian Dollars. Your credit card company will apply appropriate exchange rates once they have received the charge.

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.

Some products on fitnesszone.com.au may not be immediately available for despatch from our supplier, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will contact you accordingly.
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Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and fitnesszone.com.au is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, fitnesszone.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
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Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights
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Cancellation by You
If you need to cancel an order, please contact us immediately on 1300 851 691 . Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
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Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Fastway Couriers who we believe will always do their best to deliver products by the estimated delivery date.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
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Returns and Exchanges
fitnesszone.com.au will not exchange or refund goods unless they were damaged or faulty when purchased.
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Goods Damaged or Faulty on Delivery
Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply.

In the event that you receive a defective or damaged product, we will refund the original product price and delivery via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to fitnesszone.com.au.
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Returns and Refunds of items paid for by Gift Vouchers
For gifts purchased using a fitnesszone.com.au or third party gift voucher (or any part thereof), the amount paid by gift vouchers will be refunded in the form of a Fitness Zone Voucher, and the remaining amount will be refunded via the original method of payment

Please note: all products that are found to be non-defective will incur the delivery costs of returning the item to fitnesszone.com.au.

Please allow up to 14 days for refunds to be processed upon our receipt of goods.
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Gift Vouchers
Please ensure all Fitness Zone Gift Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Voucher to offset that cost.

All Gift Vouchers are issued with an expiry date as indicated on the voucher itself. Once that Gift Voucher has expired, we are unable to extend the expiry date under any circumstances. It is the Gift Voucher holder's responsibility to ensure it is redeemed before the expiry date.

Fitness Zone Gift Vouchers may not be used to purchase other Gift Vouchers. Redemption of a gift voucher on our website is not an exemption from shipping costs.

There is a difference between a "Purchased" Voucher and a "Promotional" Voucher. A Promotional Voucher is one received as part of a competition, incentive or offer. A Purchased Gift Voucher is one that is not associated with any promotion, incentive or offer and the complete cost has been paid for by the customer.

Please note: Promotional Gift Vouchers can only be redeemed one at a time. For example, if you have two Promotional Vouchers, you must complete your purchase using one, then begin a new purchase to use the second.

The same applies, no matter how many Promotional Vouchers you have received. You are still able to "top up" any short fall by using your credit card.
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Promotions and Competitions
Other Terms and Conditions not listed herein and applying to fitnesszone.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
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Suppliers
If you enter into a transaction through Fitness Zone to purchase services or vouchers for those services supplied directly by a third party, Fitness Zone is not responsible for the provision of those services or for any misunderstanding between you and the supplier.

In all arrangements involving the direct provision of services by third parties, Fitness Zone accepts no liability of any kind in connection with or arising from such an arrangement.
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Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Fitness Zone and Fitness Zone's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Fitness Zone harmless from and against any and all claims, loss or expense that may be incurred by Fitness Zone or Fitness Zone'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 Zone and Fitness Zone'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.
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