Terms of service
TERMS OF SERVICE
Ebros International Trading Pty Ltd (ABN 56 686 624 975) trading as FitPax
1. Introduction
These Terms of Service govern your access to and use of the website located at:
https://fitpax.com.au
This website is owned and operated by Ebros International Trading Pty Ltd (ABN 56 686 624 975) trading as FitPax ("FitPax", "we", "us", "our").
By accessing or using this website, creating an account, or purchasing products through the website, you agree to be bound by these Terms of Service.
If you do not agree with these Terms of Service, you must not access or use the website.
2. Compliance With Australian Consumer Law
Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3. Definitions
In these Terms of Service:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Customer means a person who accesses the website or purchases products from the website.
Order means a purchase order submitted through the website.
Products means goods offered for sale on the website.
Website means https://fitpax.com.au
and any related web pages or services operated by FitPax.
4. Use of the Website
You agree to use the website only for lawful purposes.
You must not:
• use the website in any way that breaches applicable law or regulation;
• interfere with or disrupt the operation of the website;
• attempt to gain unauthorised access to systems or data;
• upload malicious or harmful content.
We reserve the right to suspend or terminate access to the website where we reasonably believe these Terms of Service have been breached.
5. Accounts
You may create an account on the website in order to facilitate purchases.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.
You must ensure that all information provided to us is accurate and up to date.
We may suspend or terminate accounts where false or misleading information is provided.
6. Product Information
We take reasonable care to ensure that information provided on the website is accurate.
However:
• product images are for illustrative purposes only;
• colours and appearance may vary slightly;
• specifications may change from time to time.
Where a product description contains an error, we reserve the right to correct the information and cancel any affected orders.
7. Orders
Orders may be placed through the website by selecting products and completing the checkout process.
An order submitted through the website constitutes an offer by you to purchase the selected products.
We may accept or reject an order at our discretion.
An order is accepted when we confirm dispatch of the products.
Each accepted order forms a separate agreement for the supply of those products.
8. Pricing
All prices displayed on the website are in Australian dollars and include Goods and Services Tax where applicable.
Prices may change from time to time without notice.
Where a pricing error occurs, we may cancel the order and provide a refund of any payment received.
9. Payment
Payment must be made in full at the time an order is placed.
Payments are processed through secure third party payment providers.
We do not store credit card information.
10. Shipping and Delivery
Shipping and delivery are governed by our Shipping Policy.
The Shipping Policy forms part of these Terms of Service.
Delivery timeframes are estimates only and are not guaranteed.
Risk in the products passes to you upon delivery.
Title in the products does not pass until payment has been received in full.
11. Returns and Refunds
Returns and refunds are governed by our Returns and Refunds Policy.
The Returns and Refunds Policy forms part of these Terms of Service.
Nothing in the Returns and Refunds Policy limits your rights under the Australian Consumer Law.
12. Warranty
Product warranties are governed by our Warranty Policy.
The Warranty Policy forms part of these Terms of Service.
The Warranty Policy operates in addition to your rights under the Australian Consumer Law.
13. Product Safety and Proper Use
Customers must ensure that products are used in accordance with:
• the product instructions;
• safety warnings;
• applicable laws and regulations.
Exercise equipment must be fully assembled in accordance with the supplied instructions, placed on a level, stable, non-slip surface, and used with adequate clearance at the sides and behind the product.
The maximum user weight specified for each product must not be exceeded, and each product must be used by one person at a time.
Suitable footwear and clothing should be worn. Loose clothing, towels, cables and long hair must be kept clear of moving parts.
Where a product is supplied with a safety key, remote control or emergency stop function, it must be kept accessible and in working order during use.
14. Limitation of Liability
To the maximum extent permitted by law, we exclude liability for indirect or consequential loss including loss of profits, loss of opportunity or loss of data.
Where liability cannot be excluded under the Australian Consumer Law, our liability is limited to:
• replacement of the goods;
• repair of the goods; or
• refund of the purchase price.
15. Intellectual Property
All content on the website including text, graphics, images, logos and software is owned by or licensed to FitPax and is protected by intellectual property laws.
You must not reproduce, distribute or exploit website content without prior written consent.
16. User Generated Content
Customers may submit content to the website or to FitPax through reviews, testimonials, photographs, videos, social media posts, or other materials.
By submitting or uploading any content to FitPax, including photographs, videos, testimonials, comments, reviews or other materials, you grant FitPax a perpetual, worldwide, irrevocable, royalty free licence to use, reproduce, publish, display, adapt, modify and distribute that content for any lawful business purpose.
This includes use in:
• marketing and promotional materials
• advertising campaigns
• social media platforms
• website content
• product demonstrations and customer testimonials.
You warrant that:
• you own or control the rights to the content you submit; and
• the content does not infringe the intellectual property rights or privacy rights of any other person.
You consent to FitPax using the content without further notice or compensation.
Where content includes images or videos of identifiable persons, you confirm that the relevant individuals have consented to the use of their image.
FitPax reserves the right to remove or edit any submitted content at its discretion.
If submitted content includes images of children, the person submitting the content confirms that they are the parent or legal guardian of the child or have obtained appropriate consent.
17. Social Media Content Licence
FitPax may display or share content posted by customers on social media platforms where that content references FitPax, its products, brand name, or associated hashtags.
By posting photographs, videos, reviews or other content on social media that:
• tags FitPax;
• references FitPax products; or
• uses FitPax brand names or hashtags,
you grant FitPax a perpetual, worldwide, royalty free licence to reproduce, display, publish, distribute, modify and use that content for marketing, promotional and advertising purposes.
This includes use of the content on:
• the FitPax website;
• FitPax social media accounts;
• marketing materials;
• promotional campaigns;
• advertising.
You acknowledge that:
• no compensation is payable for the use of such content;
• FitPax is not required to provide credit when using the content, although it may do so at its discretion.
You warrant that you own or control the rights to the content and that its use by FitPax will not infringe the rights of any third party.
Where content includes identifiable persons, including children, you confirm that appropriate consent has been obtained from those individuals or their parent or legal guardian.
FitPax reserves the right to remove or cease using any such content at its discretion.
18. Testimonial and Review Content
The website may display customer reviews, testimonials, photographs, videos and other user generated content describing customer experiences with FitPax products.
Such content reflects the opinions and experiences of individual customers and does not necessarily represent the views of FitPax.
FitPax does not guarantee that any customer experience described in reviews or testimonials will be typical or representative of the experience of all users.
Customer reviews and testimonials are published for informational purposes only and should not be interpreted as statements made by FitPax regarding product performance, safety, durability or suitability for any particular purpose.
FitPax reserves the right to review, moderate, edit or remove testimonials or reviews at its discretion.
FitPax may remove or decline to publish content that:
• contains misleading or inaccurate information;
• contains unsafe or unlawful product use;
• contains offensive, defamatory or inappropriate material;
• contains claims that may misrepresent the characteristics or performance of FitPax products.
Customers submitting reviews or testimonials must ensure that their content is accurate and based on genuine personal experience.
FitPax does not accept responsibility for statements made by customers in testimonials, reviews or other user generated content.
Nothing in this clause excludes or limits rights available under the Australian Consumer Law.
19. Privacy
Our collection and use of personal information is governed by our Privacy Policy.
The Privacy Policy forms part of these Terms of Service.
20. Third Party Services
The website may contain links to third party websites.
We are not responsible for the content or practices of third party websites.
Access to third party websites is at your own risk.
21. Suspension and Termination
We may suspend or terminate access to the website where:
• you breach these Terms of Service;
• fraudulent or unlawful activity is suspected;
• we are required to do so by law.
Termination does not affect rights that have already accrued.
22. Force Majeure
We are not liable for any delay or failure to perform obligations where such delay or failure arises from circumstances beyond our reasonable control.
This includes events such as natural disasters, supply chain disruptions, industrial action or government restrictions.
23. Changes to These Terms
We may update these Terms of Service from time to time.
Updated terms will be published on the website and will apply from the date of publication.
24. Governing Law
These Terms of Service are governed by the laws of New South Wales, Australia.
You submit to the non exclusive jurisdiction of the courts of New South Wales.
25. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
26. Assumption of Risk
You acknowledge that physical exercise and the use of exercise equipment involve inherent risks.
These risks may include loss of balance, falls, slips, strains, sprains, impact injuries, cardiovascular events, and other accidents that may result in injury or damage.
By purchasing or using the products, you acknowledge that such risks are inherent in physical exercise and in the normal use of home fitness equipment.
You agree that the products must be used responsibly and in accordance with the instructions, safety guidance and warnings provided with the products.
Nothing in this clause excludes rights available under the Australian Consumer Law.
27. Safe Use and Supervision
Products sold through the website may be used in domestic settings where children and animals are present.
Customers who purchase products for use in such settings acknowledge that:
• the products are exercise equipment and are not toys or play equipment;
• children and pets must be kept away from the product while it is in use, and must never be permitted near a moving belt;
• the product must be switched off at the power point, and the safety key or remote removed and stored out of reach, when not in use;
• products should be used only in safe environments, on a level surface, clear of walls, furniture, steps and hazards.
FitPax does not supervise the use of products after they are supplied and cannot control the conditions in which products are used.
Customers are responsible for ensuring that products are used safely and appropriately.
28. Limitation Relating to Misuse
FitPax products are designed for domestic exercise use under normal operating conditions.
To the maximum extent permitted by law, FitPax is not responsible for damage or injury arising from misuse of the products.
Examples of misuse include:
• exceeding the maximum user weight specified for the product;
• use by more than one person at a time;
• running or sprinting on a product rated for walking speeds only;
• use on an uneven, unstable, slippery or elevated surface;
• use outdoors, or exposure of electrical components to water, moisture or extreme conditions;
• use in a commercial, gym or hire setting where the product is supplied for domestic use;
• operating the product without the safety key or emergency stop function in working order;
• performing stunts, somersaults or multiple-user jumping on a fitness trampoline;
• modifying the product, or installing non-approved parts or power adaptors.
Nothing in this clause excludes rights available under the Australian Consumer Law.
29. Product Safety Notice
FitPax products are home exercise products that must be used in accordance with all instructions, safety warnings and guidance provided with the product.
Customers acknowledge that:
• each product is supplied with safety instructions and operating guidance;
• users must read and follow all instructions before operating the product;
• products should only be used for their intended exercise purpose.
Certain FitPax products are powered by mains electricity and contain moving parts that may pose safety risks if used improperly. Products must be connected to a suitable power outlet, must not be used with a damaged cord or plug, and must be switched off and disconnected before cleaning, folding, moving or storing.
Users must familiarise themselves with how to stop the product before first use, and should step onto and off a moving belt only in the manner described in the instructions.
Where products are used in settings where children are present, customers acknowledge that:
• children must be supervised by a responsible adult and must not be permitted to use the equipment unsupervised;
• the equipment must be switched off and made inaccessible when not in use;
• products must not be positioned in walkways or hazardous environments.
Customers must discontinue use of a product immediately if any safety concern arises and should contact FitPax for assistance.
Nothing in this clause excludes or limits any rights available under the Australian Consumer Law.
30. Product Recall and Safety Notices
FitPax is committed to product safety and compliance with applicable product safety laws and regulations.
If FitPax becomes aware of a potential safety concern relating to any product supplied by us, we may take appropriate action to protect customers and users.
Such actions may include:
• issuing safety notices or warnings;
• providing updated safety instructions;
• requesting that customers cease using a product until further notice;
• arranging for inspection, repair or replacement of affected products;
• conducting a product recall where required by law or considered necessary for safety reasons.
Customers agree to cooperate with any reasonable safety measures requested by FitPax in relation to product safety concerns.
Where a product recall or safety action is required, FitPax may contact customers using the contact details provided at the time of purchase.
Customers are responsible for ensuring that their contact details remain accurate and up to date.
Nothing in this clause excludes or limits any rights or remedies available to consumers under the Australian Consumer Law.
31. Health and Fitness Acknowledgement
FitPax products, including walking pads, treadmills and fitness trampolines, are exercise products intended for personal fitness use.
The information supplied with our products and published on our website is general in nature and is not medical advice. It does not take account of your individual health, fitness or medical circumstances.
By purchasing or using the products, customers acknowledge that:
• you should consult a qualified medical practitioner before beginning any exercise programme, and in particular if you are pregnant, have a heart condition, high blood pressure, a musculoskeletal or joint condition, a balance or neurological condition, or are recovering from injury or surgery;
• you are responsible for exercising within your own physical capability and for stopping immediately if you experience pain, dizziness, shortness of breath, chest discomfort or any other symptom of distress;
• the products are exercise equipment and are not medical or therapeutic devices, and no particular fitness, weight or health outcome is promised;
• users must exercise reasonable care and judgement when using the products.
Customers acknowledge that improper use, exceeding recommended limits, unsafe positioning or failure to follow safety instructions may result in injury or damage.
FitPax does not supervise or control the manner in which products are used after they are supplied to customers.
Customers are responsible for ensuring that products are used safely and in accordance with the instructions and safety guidance provided.
Nothing in this clause excludes or limits any rights or remedies available under the Australian Consumer Law.
32. Contact
Email: customer-care@fitpax.com.au