Strength Equipment

TERMS & CONDITIONS

For Website Use and Sale of Goods
Version 1.0

1. DEFINITIONS 

1.1.CostFit”, “we”, “our” and “us” refer to Australian Trade Enterprises Pty Ltd (ABN 32 154 923 323) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors where appropriate.

1.2. “ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended from time to time;

1.3. “Agreement” means any agreement for the provision of Goods by the Supplier to the Customer, which includes the Customer placing the order with the Supplier to purchase the Goods and making payment and the Supplier accepting such order;

1.4. “Business Day” means Monday to Friday excluding public holidays in Sydney, NSW;

1.5. “Breach of Duty” means the breach of any (1) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (2) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

1.6. “consumer” is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;

1.7. “Customer” means the person or corporate entity, jointly and severally if more than one, acquiring Goods from the Supplier;

1.8. “Customer Premises” means the premises of the Customer specified by the Customer in the order for the delivery of the Goods;

1.9. “Customer Service Team” refers to employees enacting communications from the following email address: info@costfit.com.au.

1.10. “Goods” means all goods supplied by the Supplier to the Customer, including but not limited to fitness equipment;

1.11. “GST” means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

1.12. “Liability” means liability in or for breach of contract, Breach of Duty, restitution or any other cause of action whatsoever arising under or in connection with these Terms

1.13. “Order” means the ordering a product from Australian Trade Enterprises Pty Ltd;

1.14. “PPSA” means the Personal Property Securities Act 2009 as amended;

1.15. “Supplier" means Australian Trade Enterprises Pty Ltd;

1.16. “Terms” means these Terms and Conditions; and

1.17. “Website” and “Site” means https://www.sweatfit.store/

2. INTERPRETATION

2.1. Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

2.2. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

2.3. Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

2.4. References to includes or including or like words or expressions shall mean without limitation.

2.5. These Terms shall be read in combination with the provided Privacy Policy, Shipping & Returns Policy and Remote Shipping Area Policy.

3. GENERAL AND MISCELLANEOUS TERMS

3.1. We may change these Terms at any time, and the revised Terms will be made available on our Site.

3.2. By continuing to use the Site you agree to be bound by such revised Terms.

3.3. The laws of the State of New South Wales (“NSW”) from time to time govern the Terms. The parties agree to the non-exclusive jurisdiction of the courts of the State of NSW, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

3.4. The Supplier’s failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier’s rights.

3.5. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

3.6. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

3.7. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

3.8. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

3.9. Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

3.10. All provisions of these Terms apply equally to and are for the benefit of CostFit, its subsidiaries, any holding companies of CostFit, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

3.11. The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

3.12. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

4. ACCESS AND USE OF WEBSITE 

4.1. You must only use the Site in accordance with these Terms and any applicable law.

4.2. You must not (or not attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere with security-related or other features of the Site.

4.3. To place Orders you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children.

4.4. The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the information provided or sold or any part of the Website without express written permission provided by the Supplier.

4.5. We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

4.6. The Supplier does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Website (“Information”) or that it is suitable for the Customer’s intended use. The Information is provided by the Supplier in good faith on an "as is" basis without warranty of any kind.

4.7. The Supplier does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and the Information is at the Customer’s own risk.

4.8. The Supplier makes no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.

4.9. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.

4.10. The publication of the Supplier's email addresses on the Website is to facilitate communications relating to the Goods supplied by the Supplier. It must not be inferred as consent by the Supplier to receive unsolicited commercial electronic messages.

4.11. You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair. 

4.12. If you are a stylist, blogger, or influencer - we kindly ask that you contact us via email at the following address: [email]. Such services include but are not limited to collaboration opportunities and equipment or product loans.

4.13. The Customer may be able, through hypertext or other computer links, to gain access to other Websites operated either by the Supplier, its affiliates or other third parties ("Linked Websites"). Unless otherwise specified, the Linked Websites are not under the Supplier's control. The Linked Websites may have different terms of use and privacy requirements. Unless otherwise specified, the Supplier is not responsible for the content of any Linked Websites, or any changes or updates to such Websites. The Supplier provides these links for the Customer’s convenience only. The Customer links to any such Linked Websites at its own risk. The Supplier is not a party to any transaction between the Customer and a Linked Website. Unless specified, the Supplier does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Websites.

4.14. The Website may contain cookies.

5. CONTENTS OF WEBSITE

5.1. The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to CostFit.

5.2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

5.3. Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

5.4. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

6. ORDER AND FORMATION OF CONTRACT

6.1. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

6.2. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

6.3. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit, or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

6.4. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

6.5. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

6.6. When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us.

6.7. The Supplier has an absolute discretion to refuse to accept any order.

6.8. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

6.9. Unless otherwise agreed by the Supplier in writing, the Terms apply exclusively to every order of the Supplier and every invoice of the Supplier and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).

6.10. Please read these Terms carefully before accessing or using the Website or placing any order with the Supplier online, over the telephone or via email. By visiting, accessing or using any part of the Website and/or placing an order with the Supplier, each Customer agrees to be bound by these Terms. If the Customer does not agree to all of the Terms, then such Customer may not access the Website or purchase any Goods from the Supplier. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

6.11. The Supplier may vary or amend these Terms by publishing the amended version online at any time. Any variations or amendments will apply to orders placed after the publishing date; all updates will be recorded at the top of the page.

7. PRICING

7.1. Prices quoted for the supply of Goods include GST and any other taxes or duties imposed on or in relation to the Goods.

7.2. If the Customer requests any variation to the order, the Supplier may increase the price to account for the variation.

7.3. Where there is any change in the costs incurred by the Supplier in relation to Goods, the Supplier may vary its price to take account of any such change, by notifying the Customer.

7.4. The Customer acknowledges and agrees that occasionally the prices of the Goods listed on the Website may be incorrect due to a technical glitch or human error, for example a product is listed as a cost of $0.00, and that the Supplier will be able to recover the actual cost of the Goods from the Customer unless the Customer chooses to cancel the order.

8. PAYMENT

8.1. When the Customer places an order with the Supplier, the Supplier will provide the invoice for the total costs of Goods. Any such order and acceptance by the Supplier will form part of these Terms.

8.2. The Customer must pay for the Goods in full before the order can be accepted by the Supplier.

8.3. Unless otherwise agreed in writing, all payments can be made using [x,y,z]
8.4. The time for payment is of the essence and all invoices should be paid at the time of placement of the order.

8.5. Payment terms may be revoked or amended at the Supplier’s sole discretion immediately upon giving the Customer written notice.

9. CREDIT INFORMATION AND PRIVACY

9.1. The Customer acknowledges that certain items of information it provided to the Supplier may be disclosed to a credit reporting agency.

9.2. By using the Website to complete an order for any of the Goods, the Customer authorises the Supplier to obtain consumer and/or commercial information permitted by the Privacy Act from a credit reporting agency and to use such information for the purpose of collecting overdue payments relating to commercial credit owed by the Customer. This authority remains in force for the duration of the Customer’s account with the Supplier and until all moneys owed have been repaid.

9.3. The Supplier may collect, use, store, record and transmit the Customer’s personal information entered on the Website. For further details, please refer to the CostFit's Privacy Policy [link]. All Customers’ continued use of the Website and provision of Customer’s personal information constitutes approval for the Supplier to deal with the Customer’s personal information.

10. DELIVERY

10.1. We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only.

10.2. We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

10.3. We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

10.4. By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us until the point of retrieval from CostFit premises (at our discretion and confirmed by us in writing); or
(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

10.5. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

10.6. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed due to the actions of the Customer, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

10.7. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

10.8. The Supplier's delivery records will be prima facie proof of delivery of the Goods to the Customer.

10.9. The Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of delivery.

10.10. The Supplier may make part delivery of Goods and the Supplier may invoice the Customer for the Goods provided.

10.11. The Customer indemnifies the Supplier against any loss or damage suffered by the Supplier, its subcontractors or employees as a result of delivery, except where the Customer is a consumer and the Supplier has not used due care and skill.

10.12. Delivery is deemed to have taken place once the Goods have been left at the Customer Premises or a confirmation has been entered into the Supplier’s system, or a delivery docket is signed by the Customer, whichever is the earlier. If delivery is attempted and is unable to be completed, the Customer is deemed to have taken delivery of the Goods. The Customer is liable for any re-delivery charges if the Goods are returned to the Supplier payable on demand.

10.13. If there has been a non-delivery in relation to the Goods ordered, the Customer must notify the Supplier within 7 days of such non-delivery.

10.14. If the delivery is delayed due to a Force Majeure or third party being unable to dispatch the Goods, the Customer acknowledges and agrees that the Supplier may either part deliver the Goods with the rest of the Goods or full delivery occurring within six (6) months from the date of the order of the Customer.

11. PASSING OF PROPERTY

11.1. Until the Supplier receives full payment in cleared funds for all Goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer:

(a) title and property in all Goods remain vested in the Supplier and do not pass to the Customer;
(b) the Customer must hold the Goods as fiduciary bailee and agent for the Supplier, and must keep the Goods separate from its Goods and maintain the Supplier’s labelling and packaging;
(c) in addition to the rights under the PPSA, the Supplier may without notice, enter any premises where it suspects the Goods are and remove them, notwithstanding that they may have been attached to other Goods not the property of the Supplier, and for this purpose the Customer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.

12. PERSONAL PROPERTIES SECURITY ACT

12.1. Notwithstanding anything to the contrary contained in these Terms, the PPSA applies to these Terms.

12.2. For the purposes of the PPSA:

(a) terms used in clause 15 that are defined in the PPSA have the same meaning as in the PPSA;
(b) these Terms are a security agreement and the Supplier has a Purchase Money Security Interest in all present and future Goods supplied by the Supplier to the Customer and the proceeds of the Goods;
(c) the security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any particular time; and
(d) the Customer must do whatever is necessary in order to give a valid security interest over the Goods which is able to be registered by the Supplier on the Personal Property Securities Register.

12.3. The security interest arising under this clause 15 attaches to the Goods when the Goods are collected or dispatched from the Supplier's premises and not at any later time.

12.4. Where permitted by the PPSA, the Customer waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.

12.5. To the extent permitted by the PPSA, the Customer agrees that:

(a) the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on the Supplier will apply only to the extent that they are mandatory or the Supplier agrees to their application in writing; and
(b) where the Supplier has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.

12.6. The Customer must immediately upon the Supplier's request:

(a) where the Supplier has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
(b) do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
(c) procure from any person considered by the Supplier to be relevant to its security position such agreements and waivers (including as equivalent to those above) as the Supplier may at any time require.

12.7. The Supplier may allocate amounts received from the Customer in any manner the Supplier determines, including in any manner required to preserve any Purchase Money Security Interest it has in Goods supplied by the Supplier

13. PRE-ORDERS

13.1. The Supplier may allow pre-orders for Goods which are not currently available for delivery.

13.2. The Customer acknowledges and agrees that any pre-orders placed with the Supplier by the Customer can only be cancelled within 7 days of the original order being placed by the Customer with the Supplier and cannot be amended or cancelled by the Customer after that period as the Supplier will place the order with the manufacturer based on and in reliance on the Customer’s order of specific items.

14. CANCELLATIONS

14.1. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

14.2. If you wish to cancel your Order, please contact our Customer Service Team at info@costfit.com.au. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.

14.3. No purported cancellation or suspension of an order or any part of it by the Customer is binding on the Supplier once the order has been accepted.

15. SHORTAGES AND EXCHANGES

15.1. Subject to clause 15.2. and 15.5., the Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the Terms unless the Customer notifies the Supplier with full details and description within 24 hours of receipt of the Goods otherwise the Customer is deemed to have accepted the Goods.

15.2. When any shortages, claim for damaged Goods or non-compliance with the Agreement specifications is accepted by the Supplier, the Supplier may, at its sole discretion, replace the Goods, or refund the price of the Goods.

15.3. Subject to clause 15.5.:

(a) if the Customer wants to return Goods for credit, it must first obtain written authority from the Supplier in the form of an official returns note;
(b) all returns for credit must be received by the Supplier within 7 days of the date of delivery or pick up from the Supplier’s premises and must be accompanied by written reasons for the return;
(c) the Customer is responsible for freight and insurance of the Goods being returned and the Supplier will not be liable for any Goods damaged in transit;
(d) any Goods accepted for return may incur a handling charge.
(e) approved refunds/exchanges requested due to change of mind will be made minus the cost of shipping paid on initial delivery to Customer

15.4. Subject to clause 15.5., the Supplier will not under any circumstances accept Goods for return that have been specifically produced, imported or acquired to fulfil the Agreement, are discontinued Goods or no longer stocked by the Supplier, have been altered in any way, have been used or are not in their original condition and packaging.

15.5. If the Customer is a consumer, nothing in this clause 10 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.

16. PRODUCT WARRANTY AND SERVICE

16.1. The Customer acknowledges and agrees that the warranty for all Goods purchased from the Supplier will be the manufacturer’s warranty only and the Customer will be subject to the terms and conditions of the warranty of the relevant manufacturer of Goods.

17. REFUNDS AND RETURNS 

17.1. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service at info@costfit.com.au as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

17.2. If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. If the product is found not to have a defect or deemed out of warranty, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

17.3. It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

17.4. We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause 17.1., we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

17.5. The Supplier will not accept return of Goods once these have been manufactured to the Customer’s specifications.

17.6. In the event that the Goods are damaged in transit, the Customer must notify the Supplier within 24 hours of receiving the Goods and provide the Supplier with photographs of the damage. The Supplier will then provide instructions to the Customer on returning such Goods and obtaining a replacement or a refund, at the sole discretion of the Supplier.

17.7. No refunds will be given when the Customer provided wrong dimensions or details for any of the Goods purchased.

17.8.Subject to ACL, no refunds will be given in regards to sale items or change of mind.

18. PRIVACY POLICY

18.1. Please see our privacy policy here.

18.2. When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news, promotions, wishlist reminders, bag reminders and updates on the status of returns and refunds. We may also communicate with you electronically as set out in the Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

19. DISPUTE RESOLUTION

19.1. In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

20. RISK AND INSURANCE

20.1. The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately on the Goods being delivered to the Customer or taken from the Supplier’s premises.

20.2.The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use, installation or possession of any of the Goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.

21. LIMITATION OF LIABILITY

21.1. The Supplier will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Website or the Goods.

21.2. Under no circumstances will the Supplier be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits as a result of use of the Goods or use of the Website.

21.3. Where liability cannot be excluded, any liability incurred by the Supplier is limited to the re-supply of the Goods to the Customer or the Information on the Website or the reasonable costs of having the Information or the Goods re-supplied.

21.4. Except as these Terms specifically state, or as contained in any express warranty provided by the Supplier, the agreement for the supply of the Goods by the Supplier to the Customer does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture or design of the Goods or any contractual remedy for their failure.

21.5. If the Customer is a consumer, then nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.

21.6. If the Customer on-supplies the Goods to a consumer (whether or not they are used up by the Customer in the course of manufacture):

(a) if the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Supplier’s liability to the Customer;
(b) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Supplier’s liability to the Customer;

(i) however arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
(ii) If clause 18.6 or 18.7 do not apply, then other than as stated in the Terms or any written warranty statement the Supplier is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods by the Customer or any third party.
(iii) The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party in any way related to the Goods or their delivery or installation, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
(iv) The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, in relation to any perishable or consumable Goods.
(v) The Customer acknowledges that it has not relied on any advice, recommendation, information or assistance provided by the Supplier in relation to the Goods or their use or application and it has not made known, either expressly or by implication, to the Supplier, if applicable, any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the use of the Customer.
(vi) Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods or supply of services which cannot be excluded, restricted or modified.

22. WARRANTY 

22.1. The Customer warrants all the information, including financial information, provided to the Supplier is complete and accurate. The Customer acknowledges that the Supplier will rely on the information when making a decision whether to provide the credit facility.

22.2. The Customer acknowledges and agrees that for all Goods supplied by the Supplier, the warranty is provided by a third party, any warranty claims must be made by the Customer directly with the manufacturer of such Goods.

23. INDEMNITY

23.1. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

24. FORCE MAJEURE 

24.1. The Supplier is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, epidemic, import or export restrictions, floods, fires, earthquakes and other acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Supplier may suspend or part deliver any orders with the Customer and terminate any order by written notice to the Customer.

25. TITLE AND INTELLECTUAL PROPERTY RIGHTS

25.1. The Customer acknowledges and agrees that the Customer will not acquire any interest in the Intellectual Property, including the design of the Goods. The Customer further acknowledges that the use or duplication of the Intellectual Property, including any designs of the Goods, in any other way other than as approved and agreed to by the Supplier would constitute a breach of the Supplier’s Intellectual Property rights and would be a fundamental breach of these Terms.

25.2. The Customer acknowledges and agrees that:

(a) the Supplier owns all the Intellectual Property, copyright, Website and all the contents of the Website;
(b) the Customer will not acquire any interest in the Intellectual Property, including the Website and any of its contents or Goods; and
(c) acknowledges and agrees that all content, coding, graphics, design, Goods and Information available on the Website are protected by copyright, trade mark or other Intellectual Property rights and laws and remains the property of the Supplier or third party suppliers as the case may be.

25.3. The Customer further acknowledges that the use or duplication of the Intellectual Property in any other way other than as approved and agreed to by the Supplier would constitute a breach of the Supplier’s Intellectual Property rights and would be a fundamental breach of these Terms. However, the Customer may download and print these Terms and the Privacy Policy for your personal non-commercial use.

25.4. All trademarks and trade names which appear on the Website are proprietary to the Supplier and/or its affiliates. Use of these trademarks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

25.5. If you are a competitor of the Supplier and you create documents or Goods similar to those of the Supplier for the purpose of providing them to third parties, whether these third parties are business users or domestic users, the Supplier expressly excludes and does not permit you to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If you breach our Intellectual Property rights by using our documents, Goods or the Information, you will be liable for any loss that the Supplier may incur. The Supplier will hold you accountable for all profits that you might make from using the Supplier’s Intellectual Property.

25.6. The Supplier reserves the right to deny access to the Website, the Goods or the Information to any person or business.

26. SOCIAL MEDIA AND USER GENERATED CONTENT

26.1. From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

26.2. By responding to our post and using the required hashtag, you acknowledge and agree that:

(a) You comply with the terms and conditions of the platform you are using to create that Content;
(b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;
(c) Your Content and social media handle may be featured across our social media platforms as well as our Site;
(d) CostFit may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and
(e) You are solely responsible for your Content and will not seek to hold CostFit liable for any demands by a third party related to our use of your Content.

26.3. You may revoke your permission for us to use your Content at any time by sending a request to info@costfit.com.au. Upon receiving such a request we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

27. PROMOTIONS

27.1. From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected items, product types, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be presented below.

27.2. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

27.3. We also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions.

Last updated: 20/08/2020

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