Terms of Service

OVERVIEW

This website or kiosk (site) is operated by Fit Revolution Pty Limited ABN 66143030639 trading as Fit Nutrition (“we”, “us” and “our”). 

Please read these Terms of Service carefully before accessing or using our site.

We offer this site, including all information, products and services available from this site to you, the user, on the condition of  your acceptance of all terms, conditions, policies and notices stated in these terms and conditions.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and kiosk. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (18 years old in Australia), or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature to our systems.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the content of our site, , without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting information from the product manufacturer (including information provided with the product such as the packaging and consumer information provided by the manufacturer and/or sponsor of the product) and as necessary your health practitioner 

We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products on our site are subject to change.  Updated prices will be advised on our site.

We reserve the right at any time to modify or discontinue a product without notice at any time.

The products promoted and sold on our website are sourced from third party manufacturers.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products other than refunding to you monies paid for products.

 

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

It is intended that products sold on our website will be purchased by people located in Australia.   We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Our Shipping and Returns Policy is available at here

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 - NUTRITIONAL OR DIETARY SUPPLEMENTS INFORMATION

Vitamin supplements are not a substitute for good nutrition or a balanced diet.

Weight management supplements should be used with a healthy energy-controlled diet and physical activity.

All products presented on this site are nutritional or dietary supplements and NOT a medicine. All content on this website is only intended to inform about the nutritional and physiological processes of the nutrition supplements. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional.

A dietary supplement is a product that is intended to supplement the normal diet with nutrients or other vital substances which have a nutritional or physiological effect. Dietary supplements are intended for ingestion in pill, capsule, tablet, powder, liquid or similar forms in a certain dosage.

You should not use the information on this site for diagnosis or treatment of any health problem or as a substitute for medication or other treatment prescribed by your physician or health care provider. You should consult with a physician or healthcare professional before starting any diet, exercise or supplementation program, before taking any medication or nutritional supplement, or if you have or suspect you might have a health problem.

We are not responsible for any statements, claims or directions of use that various manufacturers make about their products.  We cannot be held responsible for side effects or health damages which may occur from the use of products supplied by third parties, subject to statutory rights. You should consult with the relevant manufacturer.

Dietary supplements are not a replacement for a diversified and balanced food intake and a healthy lifestyle. The recommended daily dose of a nutrition supplement does not have any side effects in healthy adults. If you suffer from an illness you should discuss the use of a dietary supplement with a doctor. Food supplements should always be stored out of reach of small children.

This site is intended for people located in Australia. In other jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases on the Fit Nutrition Fix site. Also the consumer is responsible for additional taxes or duties which may occur when importing and receiving the products in their country.

 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions for our site (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials for our site, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 9 - PERSONAL INFORMATION

We may collect, use and/or discloser your personal information subject to our privacy policy.  Your submission of personal information through the site is governed by our Privacy Policy. Our Privacy Policy is available here

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, despite our best efforts to provide accurate information, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, subject to our Returns policy).

 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove our services for indefinite periods of time or cancel our services at any time, without notice to you.

We recommend that all customers read the packaging carefully to ensure the products you are purchasing can be consumed by you. If unsure, please seek medical advice prior to consuming these products.

To the extent that there is a failure to comply with a warranty and/or a consumer guarantee under the Australian Consumer Law, then to the extent permitted by law, our liability in connection to the site and the supply of the products is limited to one or more of the following, at our election:

In no case shall Fit Nutrition Fix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site or any products procured using the site or our services, or for any other claim related in any way to your use of the site, our services or any product supplied by us.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 14 - TERMINATION

These Terms of Service are effective unless and until terminated by either party in writing to the other party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If you fail to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time with notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties which have accrued prior to the termination date shall survive the termination of this agreement.

 

SECTION 15 - ENTIRE AGREEMENT AND WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of this Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

 

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@fitnutrition.com.au