Website Terms and Conditions of use
1. About the Website
(a) Welcome to https://aksfitnessequipment.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
(b) The Website is operated by AKS Fitness Equipment(ABN 67433008392). Access to and use of the Website, or any of its associated Products or Services, is provided by AKS Fitness Equipment. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) AKS Fitness Equipment reserves the right to review and change any of the Terms by updating this page at its sole discretion. When AKS Fitness Equipment updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by AKS Fitness Equipment in the user interface.
3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) First Name and Last Name
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Billing Address
(b) You warrant that any information you give to AKS Fitness Equipment in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with AKS Fitness Equipment; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify AKS Fitness Equipment of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of AKS Fitness Equipment providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by AKS Fitness Equipment for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Braintree and or Stripe (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by AKS Fitness Equipment, you will be issued with a receipt to confirm that the payment has been received and AKS Fitness Equipment may record your purchase details for future use.
6. Promotions
(a) Free Shipping
You must be signed in to your account and use the code provided at checkout to redeem free shipping. This offer cannot be combined with any other promotion or discount. Free shipping offers are valid only for items shipped within Australia, except for regional areas.
This offer is only valid for AKS Fitness Equipment customers. To be eligible for free shipping, the order must meet the minimum purchase requirement as specified during the promotion. Free shipping offer applies only to standard shipping services and does not include express or overnight shipping. AKS Fitness Equipment reserves the right to modify or cancel the free shipping offer at any time without notice. Items bought with free shipping are not eligible for after-purchase price drop credit. Regional areas are excluded from this offer and will be subject to standard shipping rates. This offer is subject to change without notice and may be revoked at any time. AKS Fitness Equipment reserves the right to restrict the offer to a single use per customer. AKS Fitness Equipment reserves the right to refuse any order due to suspected fraud or unauthorised use of the offer.
(b) Promotional offers/Coupons
When redeeming a promotional code, please click the appropriate link to read specific promotion details if required.
These terms and conditions apply to those promotions where you must redeem a promotional code or voucher as part of the offer.
(i) The promotional code is valid for a limited time only.
(ii) Each promotional code can be used only once per person unless otherwise specified.
(iii) The promotional code does not apply to already discounted items.
(iv) The promotional code can not be used with certain financing options unless otherwise stated.
(v) Promotional codes can not be added after an order is placed.
(vi) Voucher codes can not be redeemed for shipping.
(vii) The promotion is subject to all restrictions outlined in the offer.
(viii) If the promotion has a minimum purchase requirement, taxes and shipping charges do not apply toward the minimum purchase amount.
(ix) Promotional codes are not transferable, may not be resold or redeemed for cash.
(x) If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.
(xi) Only one promotional code can be used each time and therefore cannot be combined with other offers using a promotional code.
(xii) AKS Fitness Equipment reserves the right to void the transactions where prohibited.
If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply. AKS Fitness Equipment reserves the right to update these terms and conditions without prior notice.
(c) Promotional sales
Purchasing an item only to find it goes on sale soon after can be extremely frustrating. Our prices can change online for various reasons, we do our best to keep sale events to known industry and e-commerce events (Black Friday etc.), but this will not always be the case.
Purchases made before a sale will not be eligible for price adjustments or discounts. However, if you purchase within the 24-hour window immediately before the price adjustment, subject to our discretion you may receive up to 20% off your product purchase price as store credit.
You must request this store credit within 48 hours of the price drop, or your completed purchase will remain as-is. You can do this by contacting the customer service team via our contact page, or friendly bot.
If requested, the store credit will be applied to your account and accessible for redemption from your my account. You may use the credit at any time over the next 12 months.
7. Warranty
(a) AOK Health & the manufacturer will handle all warranty claims.
Most of the products sold by AKS Fitness Equipment are of a type that can be damaged by the user through inappropriate use or for the item’s use in a commercial environment. AOK Health warranty covers the fair and reasonable use of products during that period. Every item sold by AKS Fitness Equipment & AOK Health is free of manufacturing faults and AKS Fitness Equipment & AOK Health deems that all products are in good working condition before dispatch and pride ourselves on our Quality Assurance policy. If the damage or fault is deemed to be caused by the manufacturing process, you will be offered a replacement product or any other product to the same value, including free delivery. Please remember that abuse or misuse of a product may void your product warranty.
(c) Should you consider a product to be faulty, please contact AOK Health Customer Service Team on 1300 790 900 or email to [email protected] for further information and instructions.
8. Delivery & Delivery Damage
(a) You acknowledge that the Purchase Services offered by AKS Fitness Equipment integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, AKS Fitness Equipment may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that AKS Fitness Equipment is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, AKS Fitness Equipment asks that you:
(i) You have a 48 hour window after delivery to notify us of damaged goods. Unfortunately we cannot accept any claims relating to deliveries that have exceeded more than 48 hours since receipt. Please advise us immediately upon receipt of damaged goods. We will repair or replace any item (including non-returnable items that are delivered to you in a damaged condition) providing you report this within 48 hours of receiving delivery of your order.
(ii) Please fill in our warranty, freight damage claim form and fill it in before the 48 hours expiry if you claiming freight damage.
Please view our complete shipping policy on our website.
9. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of AKS Fitness Equipment are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by AKS Fitness Equipment or its contributors.
(b) AKS Fitness Equipment retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of AKS Fitness Equipment; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of AKS Fitness Equipment and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. Privacy
(a) AKS Fitness Equipment takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to AKS Fitness Equipment’s Privacy Policy, which is available on the Website.
11. Shipping Policy
(a) AKS Fitness Equipment takes your shipping seriously and any information provided through your use of the Website and/or the Purchase Services are subject to AKS Fitness Equipment’s Shipping Policy, which is available on the Website.
12. Refund Policy
(a) AKS Fitness Equipment takes your refunds seriously and any information provided through your use of the Website and/or the Purchase Services are subject to AKS Fitness Equipment’s Refund Policy, which is available on the Website.
13. General Disclaimer
(a) You acknowledge that AKS Fitness Equipment does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) AKS Fitness Equipment will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) AKS Fitness Equipment will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of AKS Fitness Equipment (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of AKS Fitness Equipment, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of AKS Fitness Equipment including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of AKS Fitness Equipment) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. Limitation of Liability
(a) AKS Fitness Equipment’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of AKS Fitness Equipment is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that AKS Fitness Equipment, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) AKS Fitness Equipment is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of AKS Fitness Equipment, by third parties or by any of the Purchase Services offered by AKS Fitness Equipment.
(d) You acknowledge that AKS Fitness Equipment does not provide the Delivery Services to you and you agree that AKS Fitness Equipment will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
15. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by AKS Fitness Equipment as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying AKS Fitness Equipment at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where AKS Fitness Equipment has made this option available to you.
(c) Your notice should be sent, in writing, to AKS Fitness Equipment via the ‘Contact Us’ link on our homepage.
(d) AKS Fitness Equipment may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) AKS Fitness Equipment is required to do so by law;
(iii) the partner with whom AKS Fitness Equipment offered the Purchase Services to you has terminated its relationship with AKS Fitness Equipment or ceased to offer the Purchase Services to you;
(iv) AKS Fitness Equipment is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by AKS Fitness Equipment is, in the opinion of AKS Fitness Equipment, no longer commercially viable.
(e) Subject to local applicable laws, AKS Fitness Equipment reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts AKS Fitness Equipment’s name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and AKS Fitness Equipment have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16. Indemnity
(a) You agree to indemnify AKS Fitness Equipment, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
17. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within 48 hours or 2 from date time of purchase days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Consumer Affairs Victoria or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne Victoria, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
18. Venue and Jurisdiction
(a) The Purchase Services offered by AKS Fitness Equipment is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
21. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
AKS Fitness Equipment
PO Box 3093
Mornington Victoria 3931
[email protected]
