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TERMS & CONDITIONS

FITESQUE LINGERIE TERMS AND CONDITIONS

 

Below are the legal terms and conditions that may apply to your use of this website (“Site”) and any product or service you order from us.

Please read them carefully as they contain important information and may be changed at any time.

By continuing to browse the site or by placing an order, you accept these terms and conditions and agree to be bound by them.   

 

1. About us

1.1 Fitesque is the owner and operator of Fitesque Lingerie and Fitesque Workouts (referred to later as "Fitesque" "we," "us" or "our").

 

2. Use of the Site

2.1 You must use the Site in accordance with the terms set out below and applicable laws.

2.2 You must be over 18 to shop online with us. By placing an order on our website, you confirm you are of the appropriate legal age to enter a legally binding agreement with us. 

2.3 The Site and its content may be subject to copyright, trademarks and other intellectual property rights owned by or licensed to Fitesque. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Site, except as permitted by law, or with written consent from Fitesque.

2.4 We do not provide warranties in relation to the content of any other website linked to (or from) our Site or that the Site will be available at all times.

2.5 International customers to this site warrant, understand and agree to the following:

a) Customers will be liable for any customs charges, duties, or tariffs for their destination country.

b) Customers understand that if customs impounds the goods sent from us, charges and/or cost of goods will not be refunded.

c) Customers understand that if the goods are returned to us, the customer will be charged for shipping (to the customer and back to us).

 

3. Ordering, Contract Formation & Delivery

3.1 All orders placed on the Site are subject to acceptance & availability.

3.2 All orders must be paid in full by one of the accepted payment methods.

3.3 When an order is placed, you will automatically receive a confirmation by email. This email does not represent acceptance of your order.

3.4 We are not obligated to supply the product(s) ordered until we have accepted your order. We may in our discretion refuse to accept an order from you for any reason.

3.5 Notwithstanding any previous price(s) you have seen, you will be shown the final price payable including Goods and Services Tax (if applicable) and any other charges (such as delivery fees) on the shopping cart. We reserve the right to modify prices without prior notice.

3.6 A contract will only be formed when you receive a dispatch email from us.

3.7 Orders are shipped from our warehouse in Australia (excluding weekends and public holidays) refer to our delivery page for further information.

3.8 Delivery timeframes are indicative only and based off third party carrier information.

 

4. Free Shipping

4.1 Free shipping only applies to orders with an Australian delivery address over $100 AUD inc GST. Flat rate shipping of $7 per order applies to any order under $100 AUD inc GST

 

5. Cancellation

5.1 To cancel an order, please contact our friendly customer service team as soon as possible.

5.2 If an order has already been accepted, it will need to be returned in accordance with our Returns Policy.

 

6. Returns, Refunds & Store Credit

6.1 Due to the intimate nature of our products, we are unable to accept returns on most items. Refer to the Returns Policy for full terms & conditions.

 

7. Free workouts, Promotions, Promo Codes & Vouchers

7.1 Free workouts have no monetary value and cannot be refunded for cash.

7.2 Minimum spend thresholds on any free shipping offer is calculated on the total of goods in cart after any redeemed discounts or Member Rewards.

7.3 Promo codes & vouchers need to be entered into the offer box on the shopping cart page.

7.4 Promo codes & vouchers will have an expiry date and will not be redeemable after this date.

7.5 Some promo codes & vouchers may not be redeemable in conjunction with other on-site promotions.

7.6 Promo codes cannot be applied to an order after the order has been submitted. 

7.7 We reserve the right to remove promo codes & promotions at any time and without warning.

 

9. Disclaimer & Liability

9.1 To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

9.2 Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for any direct, indirect, punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence) including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, tangible or intangible in nature.

9.3 You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

 

10. Indemnity

10.1 You agree to indemnify and hold Fitesque (and its officers, directors, employees, agents, and third-party service providers), harmless from all claims, demands, losses and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable legal fees, arising from your breach of the terms & conditions set forth above, or your violation of any law or the rights of a third party.

 

11. Privacy Policy

11.1 Our Privacy Policy can be viewed below.

 

Any questions?

If you have any questions about our terms, conditions and policies, please contact our friendly customer service team. 

DIGITAL SUBSCRIPTION TERMS AND CONDITIONS

  1. By receiving a digital membership with Fitesque, you will have access to online workouts on the Fitesque website, other online content which is prepared by Fitesque.

  2. You acknowledge and confirm to Fitesque that you are over 18 years of age.

  3. The use of all digital memberships at Fitesque is subject to these terms and conditions.  By using a Fitesque digital membership, you agree that these terms and conditions are reasonable. 

  4. Copyright in all content on the website is exclusively owned by Fitesque. 

  5. To access your Fitesque digital membership, you will need to have reliable internet access and a suitable viewing device such as a laptop, smart phone or tablet.  You are responsible for the costs of streaming the Fitesque content to your viewing device. 

  6. Digital memberships will automatically expire at the end of the complimentary period.

  7. By receiving a digital membership with Fitesque, you will be granted a revocable licence by Fitesque to download and view content on the Fitesque website for your personal, domestic or household use.  You must not copy, distribute, share or modify any content on the Fitesque
    website for any other purpose.

  8. Digital memberships are issued to a single member only.  Therefore, your Fitesque subscription may only be used by you for the purpose for which it is intended.  Fitesque may encrypt subscriptions or require added security requirements to ensure this occurs. 

  9. Nothing on the Fitesque website constitutes, or is meant to constitute, advice to you of any kind.  If you require medical advice, see a medical professional.

  10. All online workouts are done at members’ own risk.  You need to assess whether a workout program is suitable for you, taking account of your own health and physical abilities. 

  11. When you do an online workout published by Fitesque, you must do it in a suitable location. You may need to consider such things as whether the floor is slippery or whether there are furniture or other items which may get in the way.  You should also wear appropriate clothing, including flat-soled and enclosed footwear, so as to minimize the risk of slipping, falling or tripping over.

  12. Fitesque reserves the right to modify content and pricing on the website from time to time, in its sole discretion.  Any change to pricing will be notified in advance to members.

  13. Online workouts and other content is provided “as is” and “as available”.  Fitesque does not tailor the content to any particular member.

  14. Fitesque bears no responsibility for any injuries that arise from taking part in any online workout made available under the digital subscription.

  15. Fitesque is not liable to you (whether under contract, tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Fitesque website for any loss or damage, including loss or corruption of information or data.

  16. Fitesque reserves the right to modify content on Fitesque’s website from time to time, in its sole discretion.

  17. These terms and conditions are governed by the laws of South Australia.  The courts of South Australia and the Federal Court (Adelaide Registry) have jurisdiction with respect to these terms and conditions.

  18. The Fitesque website is provided “as is” without any representations or warranties, express or implied.  Without limiting the generality of the foregoing, Fitesque does not warrant that website will be constantly available or will be available without interruption.

  19. To the extent permitted by law, you release Fitesque and its directors, officers, agents and employees from any liability to you in connection with your Fitesque digital membership.

  20. You indemnify and agree to hold harmless Fitesque and its directors, officers, agents and employees from any liability arising in connection with your Fitesque digital membership, except to the extent that such liability arises from Fitesque’s negligence.

  21. Fitesque reserves the right to terminate a member’s membership if the member does not comply with these terms and conditions.

  22. Nothing in these terms excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.

PRIVACY POLICY​

  1. This Policy applies under the Australian Privacy Principles. 

  2. This Policy sets out how Fitesque collects and processes Information about you, when you engage with us.   For example, if you visit our website; use our apps on mobile phones; or access our social media where this Policy is posted.  By continuing to engage with us, you consent to your Information being collected, processed and/or shared in accordance with this Policy.

  3. We collect two types of information: Personally Identifiable Information – this is any information that, by itself, identifies you or would easily enable someone to contact and/or identify you, such as your name, email address or phone number; and Non-Personally Identifiable Information – this refers to all other information about you that you may provide to us or that we may collect from you.  In this Policy, both kinds are known as “Information”.

  4. You may actively give us Information about yourself when you create an account and become a Fitesque member (“Subscriber Account”) with us; respond to a customer survey; email us; or post on any of our social media in a public forum.  In this Policy, these types of engagements with us are known as “Engagements”.

  5. The Information that you provide may include, but not be limited to, your name, gender, date of birth, email address, telephone number, delivery address, billing address and payment information, and login and password.

  6. Please note also that Information you disclose in public chat and similar forums is accessible by anyone, including third parties not bound by this Policy.

  7. In any Engagements by you, we may also automatically collect the following Information even if you have not actively given it to us: your IP address, log-in information, location information (for example, via GPS or Wi-Fi), browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from one of our Engagements, products and/or content you viewed or searched for, download errors, length of visits to certain pages and page interaction, and in the case of our mobile Engagements, the other Engagements you have downloaded and how you use those Engagements. We collect Information automatically through the use of various technologies, including through cookies.

  8. We acquire Information from other trusted sources (including, for example, business partners, advertising networks, and social media), and from other entities and affiliates, to update or supplement the Information you provided or we collected automatically.  This includes Information from your social media account when you grant us access to your social media account in connection with, for example, creating a Subscriber Account with us. Where permitted by law, we may combine this Information we receive from other sources, and with Information you give to us or that we collect about you. If you have created a Subscriber Account on one of our Engagements, you can contact us to receive a copy of the Personally Identifiable Information we collect from you via your Subscriber Account and correct, amend, or delete Personally Identifiable Information that is inaccurate. You may also close your Subscriber Account altogether.

  9. It is your responsibility to ensure that you submit true, accurate and complete Information via your Subscriber Account and keep it up to date. You may also update your Personally Identifiable Information by contacting us through the contact details provided below. Please make sure to include your name, username, and post code in your initial correspondence; this helps us protect the details and preferences on your Account from unauthorised access.

  10. We may use your Information for the purposes of enabling you to use our Engagements, enabling us to fulfil orders you make (such as for products, services or newsletters), to send you marketing materials, and provide content and experiences.

  11. We may also use the Information we collect to administer our Engagements for internal purposes, including troubleshooting purposes; optimise or improve our products, services, operations, and Engagements; as part of our effort to keep our Engagements safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to communicate with you about your Account or transactions with us and send you information about features on our Engagements or changes to our policies; to provide you with advertising based on your activity on our Engagements and on third-party sites and Engagements; to make suggestions and recommendations to you and other users of our Engagements about goods or services that may interest you or them; and to detect, investigate and prevent activities that may violate our policies or be illegal.

  12. As noted above, we, and selected third parties with whom we share your Information, may use your Information for direct marketing purposes, including to provide updates, newsletters, events or other communications that we think may interest you. Where required by law, your prior consent will be obtained before we send direct marketing. 

  13. In any event, we will offer you the option to unsubscribe from electronic marketing materials. If you do not wish us to share your Personally Identifiable Information with third parties for their marketing purposes, please contact us by way of the contact details provided below.

  14. We apply appropriate security measures aimed at protecting your Personally Identifiable Information that is under our control from unauthorised access, collection, use, disclosure, copying, modification or disposal. We will notify you in compliance with applicable law regarding any data breach. Where you have a password that enables you to access our Engagements, you are responsible for keeping this password secure and confidential. Please be advised that we may retain some personal information after you delete your Subscriber Account, for example if necessary to meet our legal obligations or for tax and accounting purposes.

  15. The features, programs, promotions and other aspects of our Engagements requiring the submission of Personally Identifiable Information are not intended for young children. We do not knowingly collect Personally Identifiable Information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed Personally Identifiable Information to us please contact us by way of the contact details below.  A parent or guardian of a child under the age of 16 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use of that Information.

  16. We may use third party tools to make the advertising we show you on our Engagements and/or our partner websites more relevant and interesting to you. For this purpose, we use cookies, flash cookies, web beacons or similar technologies to collect Information about your browsing behaviour, and deliver interest-based ads to you. A cookie is a text file containing small amounts of information that a website can send to your browser, which may then be stored on your computer as a tag that distinguishes your computer but does not name you. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies; however, if you do this, some of the features of our Engagements may not work properly. You can also reject certain cookies served through Engagements by opting out on the website of the third party placing the cookie, which you can identify through your browser.

  17. This Policy was last updated in December 2019. A notice will be posted on our Engagements for 30 days whenever this Policy is changed in a material way. By continuing to use our Engagements you confirm your acceptance of the relevant changes.

  18. If you believe that we have breached the Australian Privacy Principles or this Policy, or you have any concerns about how your Information will be used, please contact us by way of the contact details provided below. We will respond to your complaint within 30 days. If our response does not satisfy you, you may apply to the Office of the Australian Information Commissioner.

  19. We do not anticipate that any Information is likely to be disclosed to overseas recipients in countries within which we do not operate.

  20. If you have a question or concern about this Policy or our handling of your Information, you can contact us at: accounts@fitesque.com

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