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OVERVIEW
Welcome to Empire Fit! The terms "we", "us" and "our" refer to Empire Fit. Empire Fit operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Empire Fit is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [HERE]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are at least 18 years old or otherwise the age of majority in your state, territory or country of residence, or that you are using the Services under the supervision of a parent or legal guardian.
To access certain features of the Services, including making a purchase, you may be required to provide information such as your name, email address, billing details, payment information and shipping address. You agree that all information you provide is accurate, current and complete, and that you have the legal right to provide that information.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make every effort to display our products as accurately as possible. However, colours and appearance may vary depending on your device, screen settings and configuration.
We do not guarantee that product images, colours or details on the website will exactly match the product you receive.
All product descriptions, pricing and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities purchased per person, household or order.
SECTION 3 - ORDERS
By placing an order, you make an offer to purchase products from Empire Fit. We reserve the right to accept or reject any order for any reason.
Your order is not accepted until we confirm it. Payment must be received and successfully processed before your order is accepted.
Please review your order carefully before submitting it. Once an order has been placed, we may not be able to cancel or amend it.
If we cancel, refuse or amend an order, we will attempt to notify you using the email address, phone number or billing details provided when the order was placed.
Any returns, exchanges or refunds are subject to our Returns Policy [HERE]
You represent that products purchased through our Services are for personal use only and not for resale.
SECTION 4 - PRICES AND BILLING
All prices shown on our website are in Australian Dollars (AUD) unless otherwise stated.
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed, as set out in your order confirmation.
Unless otherwise stated, prices may exclude shipping charges. Any applicable shipping fees will be shown at checkout before you complete your order.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through the Services. You agree to promptly update your details so we can complete your transactions and contact you if needed.
You represent and warrant that:
the payment information you provide is true, correct and complete;
you are authorised to use the payment method provided; and
charges incurred by you will be honoured by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes provided on our website are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs, supply chain disruptions, weather events or circumstances outside our reasonable control.
Risk in the products passes to you upon delivery. Ownership of the products passes to you once full payment has been received.
SECTION 6 - INTELLECTUAL PROPERTY
All content on the Services, including but not limited to text, graphics, logos, designs, images, video, audio, product names, branding and website content, is owned by or licensed to Empire Fit and is protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, republish, upload, transmit, create derivative works from, or otherwise exploit any part of the Services without our prior written consent.
Nothing in these Terms grants you any right, title or interest in or to any intellectual property owned by Empire Fit, Shopify or any third party.
“Empire Fit” and associated names, logos, slogans, product names and branding are the property of Empire Fit and must not be used without prior written permission.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services that we do not monitor, control or manage.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations or conditions of any kind.
Your use of third-party tools is entirely at your own risk and subject to the terms of the relevant third-party provider.
SECTION 8 - THIRD-PARTY LINKS
The Services may include links to third-party websites, platforms or resources. We are not responsible for examining or evaluating the content, accuracy or practices of any third-party websites.
If you access third-party websites, you do so at your own risk. We are not liable for any loss or damage arising from your use of third-party websites, products or services.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Empire Fit is powered by Shopify, which enables us to provide the Services to you. However, all purchases made through this store are made directly with Empire Fit, not with Shopify.
To the extent permitted by law, Shopify is not responsible for any aspect of any sale between you and Empire Fit, including any injury, damage or loss arising from products purchased from our store.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is handled in accordance with our Privacy Policy, which can be viewed [HERE].
Because our store is hosted by Shopify, Shopify may also collect and process personal information in order to provide and improve its services. More information is available in Shopify’s privacy policy.
By using the Services, you acknowledge that you have read our Privacy Policy and understand that your information may be processed by Shopify and its service providers.
SECTION 11 - FEEDBACK
If you submit reviews, suggestions, feedback, ideas, testimonials or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, display and distribute that Feedback for any lawful purpose, including marketing and promotional purposes.
You represent that:
you own or control all rights in the Feedback you provide;
your Feedback is accurate; and
your Feedback does not infringe the rights of any third party or violate any law.
We may, but are not obliged to, remove or edit Feedback that we believe is unlawful, offensive, misleading or otherwise inappropriate.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if any information on the Services is inaccurate at any time, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
for any unlawful, fraudulent or malicious purpose;
to infringe our intellectual property rights or the rights of others;
to harass, abuse, defame, threaten or intimidate any person;
to upload or transmit viruses, malware or other harmful code;
to collect or track the personal information of others without consent;
to send spam, phishing messages or other unsolicited communications;
to scrape, copy, reproduce, exploit or monitor any part of the Services without our written permission;
to use bots, crawlers, spiders, automated scripts, AI agents or similar tools to access or interact with the Services in a manner we have not authorised;
to interfere with or circumvent the security, functionality or integrity of the Services.
We reserve the right to suspend or terminate your access to the Services if we believe you have breached these Terms.
SECTION 14 - AGENTS
This section applies if you use or deploy an automated agent, bot, script, AI tool or similar technology to access or interact with the Services.
We may restrict, block or control whether and how such tools access the Services.
You must not use any automated means to access the Services in a way that:
disguises automated activity as human activity;
bypasses CAPTCHA, rate limits or access controls;
interferes with the operation or security of the Services; or
breaches these Terms.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services at any time, without notice, if we reasonably believe you have breached these Terms or applicable law.
Termination does not affect any rights or obligations that arose before the date of termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the Services and all products provided through the Services are supplied on an “as is” and “as available” basis.
We do not guarantee that the Services will be uninterrupted, secure, error-free or free from viruses or other harmful components.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.
Where a guarantee or warranty cannot be excluded, our liability is limited to the maximum extent permitted by law.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, Empire Fit is not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, savings, data or opportunity, arising out of or in connection with your use of the Services or purchase of products through the Services.
Nothing in these Terms excludes or limits liability for rights you may have under the Australian Consumer Law, including consumer guarantees that cannot be excluded.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Empire Fit, its affiliates, officers, employees, contractors, service providers and licensors from any claims, liabilities, damages, losses and expenses arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed and the remainder of the Terms will remain in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms, that does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and any other policies posted on the website, constitute the entire agreement between you and Empire Fit regarding your use of the Services.
SECTION 21 - ASSIGNMENT
You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without notice to you.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of Australia applicable therefrom.
SECTION 23 - HEADINGS
Headings in these Terms are for convenience only and do not affect interpretation.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time. Any changes will be posted on this page with an updated “Last updated” date. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Empire Fit
Email: support@empirefit.com.au