Fitness Depot Terms and Conditions

General

Fitness Depot is a 100% wholly owned Australian Company.  Fitness Depot and all related trademarks are owned by In Pulse Fitness Pty Ltd (ABN 75 107 341 275).  Your use of this website is subject to these Terms, our Privacy Policy and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.

Prices, Products and Services

The information in this website has been published by us based on all the goods being offered for sale based on stock availability.  Prices displayed on this website are gst inclusive and in Australian dollars.  Prices may be subject to change in the stores and do not include display accessories, options or delivery. We reserve the right to correct any errors or misprints and have no responsibility if goods are unavailable from any Fitness Depot location.  All trademarks shown on any product is the property of the respective owners. Some goods may not be on show or available at each Fitness Depot store, although we do do our best to ensure that they are. Prices can vary between stores. Any savings shown are off manufacturers' recommended retail prices or the normal prices charged by Fitness Depot stores. Prices of goods described on this website and offered for sale anywhere in Australia.  Purchases can be made via the website. International visitors to this website should not rely on information contained in this website and are advised to make an enquiry on line or by emailing info@fitnessdepot.com.au.

Intellectual Property

This website and all its intellectual property rights, including all graphics, logos, trademarks, design, text, icons, the arrangement of them, any sound recordings and all software relating to this website, are owned by Fitness Depot, or, in some cases, a third party. These intellectual property rights are protected by Australian and international laws.

You may view our website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

Other Websites

Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We are not responsible for linked websites for third parties.  You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission.

Secure data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. We will take reasonable steps to preserve your security once we receive your data. If you become aware of any problems with the security of the data or the website, please contact us immediately by email info@fitnessdepot.com.au

Viruses

Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.  We do advise that you have the relevant software on your computer to avoid any potential threats or damage to your computer.

Cookies

We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).

Use of Your Information and Material

We are always appreciative of any any suggestions you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Privacy Policy

If we collect your personal information we do so in accordance with our Privacy Policy.  A copy of the policy is available below. The Privacy Policy explains how we manage your personal information in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

Disclaimer

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.

You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.

If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any country outside Australia.

General
We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

PRIVACY POLICY & DISCLOSURE STATEMENT
Privacy of your Personal Information.
This privacy policy applies to All Fitness Depot stores and this website.
We respect your privacy and are committed to handling your personal information in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth). This privacy policy explains how we manage your personal information we collect about you.

Collection, Use and Disclosure
We may collect your personal information directly from you or when you deal with us by telephone, letter or email; when you access and interact with our website; or from other sources. The information we collect may include your name, address, telephone number and email address. If you choose not to provide us with your personal information, we may not be able to make contact with you or provide you with the information you may require.

If you visit our website, we may record information about your visit including the type of browser and operating system you use, the previous site you visited, your server's IP address, the pages you access and the information downloaded by you. While the anonymous statistical data we collect may be aggregated and used in broader statistical analysis by us and our web monitoring service provider to improve our services, at no time can we personally identify you as the source of that data.

Our website may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites.
You acknowledge and consent that by providing your personal information to us that:
1. We may collect and use your personal information for the following purposes: to order, supply and/or deliver goods to you, register and handle product warranties, communicate with you, to better understand our customer's needs or to comply with our legal obligations;
2. For these purposes, your personal information may be shared between Fitness Depot stores and may be disclosed on a confidential basis to our third party contractors, agents or to our suppliers. We will otherwise not transfer your personal information outside Australia or use, sell or disclose your personal information without your consent, unless we are permitted to under the Privacy Act or required to by law;
3. You represent to us that where you provide personal information to us about another person, you are authorised to provide that information to us, and that you will inform that person who we are, how we use and disclose their information, and that they can gain access to that information;
4. We may include your personal information in a database compiled by us for use in direct marketing by us. If you do not wish to receive marketing material from us, we ask you to notify our Privacy Officer by emailing us at info@fitnessdepot.com.au.

Securing your Personal Information
Our employees are responsible for handling your personal information and educated about the requirements of the National Privacy Principles and the Privacy Act. Personal information that we hold on our systems is protected through the use of secure passwords and other security procedures including physical, network and computer security. Access to your personal information is limited to those who specifically need it to conduct their responsibilities. We take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.

Accuracy and Access to Personal Information
We will take reasonable steps to ensure that the information we hold about you is accurate, complete and up-to-date and ask that you let us know if you believe the information to be otherwise. You may request access to your personal information, provided your request is in writing and you provide us with proof of your identity. Your request will be responded to in a reasonable time and you may be asked to pay any reasonable costs incurred by us in responding to your request.

Contacts
If you would like a copy of this privacy policy or you have a query or complaint relating to your privacy, please contact our Privacy Officer who will respond to you in a reasonable time by emailing to us info@fitnessdepot.com.au