In these terms and conditions, “we” “us” and “our” refers to Urban Base Fitness. Your access to and use of all information on this website including purchase of our product/s and subscription to our memberships are provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Members
1. In order to access the services provided on this website, you must set up an online profile. You must complete registration by providing certain information as set out on our registration/profile page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, you will be prompted to set up a username (your email address) and password. You are responsible for the safekeeping of you username and password.
4. On registration, you agree to pay for our services as set out on our website.
5. We reserve the right to review and if necessary revoke your membership at any time if these terms and conditions are breached.
Our Website Services
6. When shopping on www.urbanbasefitness.com.au all prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current however we reserve the right to amend our prices at any time. If you have placed an order or siged up for a membership at an incorrect price, we reserve the right to amend your order should our prices change. We will contact you before imposing any additional charges.
Memberships
10. Individual Memberships to Urban Base Fitness are subject to the specific terms and conditions of each each membership type. You will be made aware and given the opportunity to agree to the terms and conditions of each membership type.
11. If your membership type is subject to a recurring payment, those payments will be taken in accordance with the membership type, weekly, fortnightly or monthly until further notice.
12. Any membership cancellation is subject to the minimum number of payments agreed upon at the time of membership. Not withstanding the minimum payment term, two weeks notice is required in writing to jodie@urbanbasefitness.com.au to end your membership.
Product Descriptions
13. We endeavour to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any errors or misdescriptions we reserve the right to correct and update product details to ensure the best possible description is available.
14. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
15. We endeavour to ensure that our product list is current however we cannot guarantee the availability of any product advertised on our website.
16. Urban Base Fitness provides a merchant facility in Australian Dollars facilitating one off and recurring membership payments. At www.urbanbasefitness.com.au all prices are in Australian Dollars (AUD) and are inclusive of GST. Our prices are subject to change, and we reserve the right to amend our prices at any time.
17. Packaging and postage is an additional charge, calculated at time of purchase.
18. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details (if proceeding with online payment). We take all due care with this information; however in providing us with such information you accept that we cannot be held liable for its misuse due to error in transmission or virus or malware.
19. Credit card details are safe and secure. Any credit card details you provide are not stored on our website but are securely handled externally by our bank.
20. Upon completing your online order you should receive an automated confirmation email confirming the details of your order. If you do not receive a confirmation email please contact us to ensure your order has successfully been placed.
21. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
22. Goods must be inspected upon delivery. Any claims or complaints pertaining to shortages, discrepancies, loss or defect must be made within thirty (30) days of the invoice date. We are not liable for any claims or complaints lodged outside the aforementioned thirty (30) day time period.
23. All risk of loss or damage to the goods passes to you once goods are received.
Order Cancellation Due To Error
24. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
25. Should you need to alter or cancel an order you have placed online you must contact us within twenty four hours of submitting the order. Changes or cancellations made outside of the twenty four hour period may incur the full cost of the order.
Product Returns
26. We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us, (see our contact us; webpage) so that the return process can be managed appropriately.
27. We also undertake to exchange or refund any undamaged standard product purchased from us so long as it is returned unused and with proof of purchase within Thirty (30) days of the invoice date. If undamaged goods are returned to us for exchange or refund, any packing and postage charges are not refunded. Return of undamaged goods for exchange or refund is entirely at your cost and risk.
28. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
29. Customised products cannot be exchanged or refunded under any circumstances.
Site Access
30. When you visit our website, we give you a limited licence to access and use our information for personal use.
31. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
32. Except as permitted under the Copyright Act 1968 (Cth), you will need our prior written permission to copy, reproduce, republish, distribute or display any of the information on this website.
33. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta tag or mirror our website without our prior written permission. We reserve the right to take any necessary legal action if we become aware of your meta tag or mirroring of our website.
Intellectual Property Rights
34. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
35. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
36. We encourage feedback on our website. This feedback is frequently monitored and we reserve the right to remove, reject or edit this content at any time. Any comment, feedback, idea or suggestion (called "Comments") submitted to us via this website is not protected by copyright and becomes the property of Urban Base Fitness. If in future we use your Comments in promoting our website or any other capacity, we will not be liable for any such use. Furthermore we are entitled to use your Comments for any commercial or non-commercial use without compensation to you or any other person who has transmitted your comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Hyperlinks
37. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
38. Linking our website is not permitted. We reserve the right to take the necessary legal action if we become aware of such linking.
Disclaimers
39. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
40. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
41. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
42. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
43. Schedule 2 of the Competition and Consumer Act 2010 ("C&C Act") defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
44. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
45. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.
Indemnity
46. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
47. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
48. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
49. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
50. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
51. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.