In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice: “Client”, “You” and “Your” refers to you, the person accessing this website (fittco.com or “Site”) and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “Fittco”, “We” and “Us”, refers to our Company, Fittco. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services and products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.1 The Services provide you the capability to order, subscribe to and receive the delivery of various digital images and graphics (collectively known as “Digital Content”). Fittco reserves the right to immediately terminate your access to the Site, if you do not comply with these Terms. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and conditions.
2.1 Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
2.2 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
- Notification of Changes
3.1 Fittco shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4.1 You may not sublicense, resell, share, transfer, or otherwise redistribute the Digital Content under any circumstances, not even for free. This includes making the Digital Content available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Digital Content. However, you may brand the Digital Content with your business logo.
4.2 You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Digital Content. If you become aware of any unauthorised duplication of any Digital Content please notify us via email at firstname.lastname@example.org.
4.3 You may not use any Digital Content in a way that violates the Agreement including, without limitation, in a manner that infringes any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Fees for Services
5.1 You agree to pay to Fittco any fees for each product or service you purchase or use, in accordance with the pricing and payment terms presented to you for that product or service. Where applicable, you will be billed using the billing method you select through the checkout. Payment processors currently used are PayPal and Stripe. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
- Price Changes
6.1 Fittco may change the fees charged for the product or service at any time, but will provide you with reasonable prior written notice of any change in fees before the change becomes effective.
- Ownership and Intellectual Property
7.1 Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Digital Content purchased). These Terms do not grant you any right to use Fittco’s trademarks or other brand elements.
7.2 The Services may display content provided by third parties which is not owned by Fittco. Such third party content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services.
7.3 Fittco is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Third Party Content. You further understand and acknowledge that you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby does waive, any legal or equitable rights or remedies you may have against Fittco with respect thereto. Fittco does not endorse any Third Party Content or any opinion, recommendation or advice expressed therein, and Fittco expressly disclaims any and all liability in connection with Third Party Content. If notified by a content owner of Third Party Content that allegedly does not conform to these Terms, Fittco may investigate the allegation and determine in its sole discretion whether to remove the Third Party Content, which it reserves the right to do at any time and without notice.
- Acceptable Uses
8.1 Legal Compliance
8.1.1 You must use the Services in compliance with, and only as permitted by, applicable law.
8.2 Your responsibilities
8.2.1 You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
18.104.22.168 You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
22.214.171.124 You may not circumvent or attempt to circumvent any limitations that Fittco imposes on you or your use of the website.
126.96.36.199 Unless authorised by Fittco in writing, you may not probe, scan, or test the vulnerability of any Fittco system or network.
188.8.131.52 You may not deny others access to, or reverse engineer, the Services, or attempt to do so.
184.108.40.206 You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
220.127.116.11 You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Fittco will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Fittco.
18.104.22.168 You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
22.214.171.124 Unless authorised by Fittco in writing, you may not resell or lease the Services.
126.96.36.199 You may not modify, adapt, translate or create derivative works based upon the Service or any part thereof.
188.8.131.52 You may not remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Fittco brand elements, including logos, trademarks, service marks or other materials displayed by Fittco in connection with the Service in any manner whatsoever.
- Suspension and Termination of Services
9.1 Fittco may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes liability to us or disrupts others’ use of the Services. Fittco may also suspend providing the Services to you if we are investigating suspected misconduct by you. However, there may be time sensitive situations where Fittco may decide that we need to take immediate action without notice.
10.1 You agree to indemnify and hold Fittco, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors’ fees), made against Fittco by any third party due to or arising out of or in connection with your use of the Site.
- Disclaimers and Limitations of Liability
11.1 Disclaimer of Warranties
11.1.1 FITTCO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FITTCO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FITTCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITTCO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FITTCO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FITTCO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
11.1.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
11.2 Limitation of Liability and Damages
11.2.1 To the maximum extent permitted by law, in no event will Fittco be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Fittco has been advised of the possibility of such damages.
11.2.2 If, notwithstanding the other provisions of these Terms, Fittco is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fittco’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any Service or Digital Content of or on the Site paid in the six months prior to the date of the initial claim made against Fittco, or (2) $100.00.
- Force Majeure
12.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
13.1 Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- Violation of These Terms
14.1 Fittco reserves the right at all times to disclose any information that Fittco deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fittco also may disclose your information when Fittco determines that applicable law requires or permits such disclosure, and may also disclose such data if required to do so by law or Fittco determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Fittco, its employees, users of or visitors to the Site, and the public. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fittco, for which monetary damages would be inadequate, and you consent to Fittco obtaining any injunctive or equitable relief that Fittco deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fittco may have at law or in equity.
14.2 If Fittco does take any legal action against you as a result of your violation of these Terms, Fittco will be entitled to recover from you, and you agree to pay, all reasonable solicitors’ fees and costs of such action, in addition to any other relief granted to Fittco. You agree that Fittco will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
- Governing Law; Dispute Resolution
15.1 The laws of Queensland govern these terms and conditions. By accessing this website and using our services or purchasing any Digital Content, you consent to these terms and conditions and to the exclusive jurisdiction of the Courts in Queensland, in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
LAST UPDATED: 25th January 2018