Terms & Conditions

Terms of Use

1. 1. The website everfit.com.au (the Site) is owned and operated by New Aim Pty Ltd (ABN 50 115 804 432) trading as Everfit (we, our, us or the Company). The company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders. “you” and “your” refer to the user or customer of this site.
   2. Your access to and use of the site and the data it contains (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices, and disclaimers contained on this page and elsewhere on the site (Terms of Use).
   3. By using the site or the services, features, or functionality offered through the site (services), you agree to be bound by these terms of use. Additionally, our warranty and refunds policy and shipping policy will apply if you make any purchase on the site (purchase). If you do not agree with the terms of use, do not use the site.

   ELIGIBILITY TO USE OUR SITE

   4. This site and its information are intended and applicable for users who are residing in and using the site within Australia only. to create an account and use the site, you must be over 18 years of age.

   INFORMATION ON THIS SITE

   5. The site and the content on the site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed by the company.
   6. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
   7. Information about goods on the site is based on material provided by third party merchants, suppliers and/or product manufacturers. except as required by law, we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
   8. Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the site.  In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

   PRIVACY

   9. By accepting these terms of use, you agree to the collection, use, and sharing of information in accordance with our Privacy Policy.
   10. When registering an eligible product for an extended warranty in accordance with our extended warranty provision contained in our warranty and refund policy, you agree to opt-in to receive marketing communications from us. This includes promotions, newsletters, and special offers related to all our products and services, including products and services from affiliated brands. you may opt-out at any time by following the unsubscribe instructions included in the communications or by contacting us directly via the contact us form on the site.
   11. You also agree to comply with all applicable privacy and data protection laws in uploading any data to the site and warrant that all relevant consents have been obtained from any identifiable individuals.

   ORDER AND CANCELLATION

   12. You shall pay for the product in full when you place an order for a product on our site (Order), by supplying us with your credit/debit card details or by paying through other payment systems available via our site such as PayPal, Google Pay, Apple Pay, and Shop Pay. 
   13. Your Order constitutes an offer to purchase the product. all orders are subject to acceptance by us, and we reserve the right to refuse or cancel any order for any reason at our sole discretion, even after an order confirmation has been issued and payment has been received. acceptance of your Order and the formation of a contract of sale between you and us will only occur when we have dispatched the product(s) to you and provided a confirmation of shipment.
   14. We reserve the right to cancel, modify, or limit any order if we believe, in our sole discretion, that it violates our terms of use, involves fraudulent activity, is placed by a dealer, reseller, or distributor, or for any other reason we deem necessary. if your Order is canceled, you will receive a full refund of any amounts paid.
   15. In the event of an error in pricing or availability of a product, we reserve the right to cancel your Order or offer you an alternative option. If we cancel your Order, we will notify you as soon as possible and provide a full refund.
   16. Receipt of an Order confirmation email does not guarantee the availability of the product. We make every effort to maintain accurate stock levels, but in the event that an ordered product is out of stock or otherwise unavailable, we reserve the right to cancel your Order or offer a substitute product of equal or greater value.
   17. An email or other form of electronic order confirmation provided by us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order after the receipt of your Order or after you have received any order confirmation email from us.
   18. Once your Order has been dispatched and you have received a shipment confirmation, the sale is considered final, subject only to your rights under applicable consumer protection laws and our Warranty and Refunds Policy.
   19. If you wish to cancel an Order before it has been dispatched, you must contact us immediately via the contact us form on the site. While we will make reasonable efforts to accommodate your request, we are not obligated to cancel Orders that have already been processed or dispatched.
   20. for products that are available for pre-order, your Order will be accepted and processed only when the product becomes available for shipment. We reserve the right to cancel pre-orders at any time before the product is available for shipment and will refund any payments made.

   PRICING

   21. All prices are quoted in Australian Dollars and include GST (Goods and Services Tax).
   22. Product costs listed on the site exclude delivery costs and charges, which will be calculated and added to your purchase when you make your order.
   23. We reserve the right to change prices for products displayed on our site at any time without notice.

   DELIVERY OF GOODS

   24. We only deliver within Australia at present.
   25. Items will be delivered to the address you nominated while placing your order. We are not liable for late or missing deliveries if an incorrect address is given.
   26. By default, you provide authority to leave items at the address specified in your order.  If the delivery driver deems the area unsafe in their discretion, your order will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to our fulfilment centre.  if delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
   (A) Charge you for our reasonable storage fees and other costs reasonably incurred by us; or
   (B) No longer make the product available for delivery or collection and notify you that we are cancelling the applicable contract, in which case we will refund to you any money paid to us in accordance with our Warranty and Refunds Policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
   27. Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via the contact us form on the site.
   28. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
   29. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery.  If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

   CANCELLATION

   30. We may terminate a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
   31. If you wish to cancel your order, please contact us via the contact us form on the site. Once an order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with our Warranty and Refunds Policy

   PRODUCT REVIEW MESSAGES

   32. We welcome your feedback on our products. As a courtesy, we ask that you do not use obscene, offensive, or threatening language in your communications with us. you are solely responsible for your messages and we are not liable for any content submitted by you. We reserve the right to remove the content you submit at any time.

   INTELLECTUAL PROPERTY RIGHTS

   33. The site and its content, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos, and trademarks on the site (content) are protected by copyright, trademark, and other intellectual property laws.
   34. Except as otherwise expressly provided for in these terms of use, or as authorised by us in writing, you will not, and will not permit or authorise third parties to: (a) modify, copy, reproduce, or publish the content; or (b) create a derivative work, or reverse engineer or reverse assemble the content.
   35. You can browse the site freely and print it out for personal or non-commercial use.
   36. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. any registered trademarks and logos on the site must not be used or modified in any way without obtaining prior written consent from us.
   37. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
   38. If you print off, copy, or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
   39. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

    

   USER DATA

   40. You agree to provide an irrevocable, transferable, perpetual, royalty-free license to us for the use of any intellectual property rights in all data, images, audio, and video files uploaded by you to the site (user data) for the purposes of our business and the provision of the services by us.
   41. You acknowledge and agree that you, and not us, are responsible for ensuring the lawfulness of the user data you upload to the site and obtaining any and all necessary rights and consents required from the relevant individuals to upload, store, and access any user data.
   42. You acknowledge and agree that it is your responsibility to ensure that: (a) your user data does not infringe any intellectual property rights, privacy rights, or any other rights of any person; or (b) your use of the services and supply of the user data does not breach any obligations of confidentiality to any person.

   CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY

   43. We make every effort to ensure accurate product descriptions. However, the content may contain typographical, technical, or descriptive errors, and may not be complete or up to date. Therefore, we reserve the right to correct any information at any time without prior notice. We also reserve the right to limit quantity, including after an order is submitted or paid for. We apologise for any inconvenience caused and will refund a payment to the extent it is in relation to such a shortfall of the quantity.
   44. We endeavor to display the colours of the products on the site as accurately as possible. However, the colour of the product you see depends on your monitor, and we cannot guarantee that there is no colour deviation from the actual product.

   SITE ACCESS

   45. Due to random technical errors, we do not guarantee all-time access to the site. We do not guarantee that we will continue operating all or any part of the site.

   ACCESS TO THE SITE

   46. You agree and acknowledge that use of the services is at your sole risk.
   47. You agree that you will not:
   (A) Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site;
   (B) Use the site, services, or content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these terms of use;
   (C) Use any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site;
   (D) Compromise the security of the site;
   (E) Use or attempt to use another person’s Everfit account without authorisation;
   (F) Upload or publish content that:
   (i) May infringe the intellectual property rights of any person;
   (ii) Impersonates any person or entity or otherwise misrepresents your relationship with Everfit or any other person;
   (iii) Is false, misleading, defamatory, slanderous, obscene, inappropriate, harassing, or abusive of another person or is invasive of another person’s privacy;
   (iv) Contains or promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
   (v) Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
   (vi) Is otherwise contrary to law;
   (vii) Has been solicited by an incentive or payment from another person; or
   (viii) Contains viruses, malware, or any other malicious software or data;
   (G) Use the site, services, or content in a manner that violates the publicity, privacy, or data-protection rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the terms of use;
   (H) Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent;
   (I) Use any device, software, or routine that interferes with the proper working of the site;
   (J) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
   (K) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the site, the server on which the site is stored, or any server, computer, or database connected to the site;
   (L) Attack the site via a denial-of-service attack or a distributed denial-of-service attack; or
   (M) Otherwise attempt to interfere with the proper working of the site.

   LIMITATION OF LIABILITY, NO WARRANTY, AND DISCLAIMER

   48. Except for liability in relation to breach of any implied condition, warranty, or guarantee, including under the Competition and Consumer act 2010 (cth), the exclusion of which would contravene any statute or cause any part of the terms of use to be void (non-excludable condition), to the extent permitted by law, we specifically disclaim all liability for any loss or damage (including actual, special, direct, indirect, and consequential) arising out of or in any way connected with the site.
   49. Except for liability in relation to any non-excludable condition and to the extent permitted by law, our Warranty and Refunds Policy, and our Shipping Policy:
   (A) We are not liable if products available for sale on the site are misused, mishandled, or mistakenly installed by you or any third party; and
   (B) Our maximum total liability for any product supplied to you through our site shall at no time exceed the amount that you paid to us in respect of the product.
   50. To the extent permitted by law and except for liability in relation to any non-excludable condition, you agree that none we, our related entities, nor any of their respective directors, officers, employees, contractors, or agents (employees) will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your access, the site, the services, the products, the content, or any omissions from the content.
   51. Except for liability in relation to any non-excludable condition, the site is provided on an “as is” and “as available” basis, and without any warranty or condition, express or implied.
   52. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement to the extent allowed by law.
   53. To the extent permitted by law, we, our entities, or any of their employees make no representation or warranty:
   (A) As to the accuracy, legality, suitability, or reliability of the information contained in the content; or
   (B) That the services will be uninterrupted, without delay, error-free, or omission-free.

   INDEMNIFICATION

   54. You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, and suppliers (collectively the service providers) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from:
   (C) Your violation of these terms of use;
   (D) Your violation of any law or rights of a third party;
   (E) Any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your site account; and
   (F) Any legal proceedings or any claim made against the service providers by a third party, which arises directly or indirectly by you in breach of the terms of use.

   WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

   55. If the site contains hyperlinks to third-party websites not operated by us, we make no warranty or representation about the accuracy of the information on those third-party websites, nor are we in any way responsible for any linked content on any third-party website.
   56. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. you access third-party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

   WE ARE NOT RESPONSIBLE FOR VIRUSES

   57. You are responsible for configuring your technology to access our site. you should use your own virus protection software.

   RULES ABOUT LINKING TO OUR SITE

   58. You may link to our home page with our express consent, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the standards set out in these terms.
   59. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
   60. Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
   61. We reserve the right to withdraw linking permission without notice.
   62. If you wish to link to or make any use of content on our site other than that set out above, please contact us via the Contact Us form on the site.

   DISPUTE RESOLUTION

   63. If you have a complaint about the site, please contact us via the Contact Us form on the site, and we will endeavor to resolve it.

   GENERAL

   64. If any of the terms of use are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
   65. If we do not take steps in relation to a particular breach by you of these terms of use, this will not be treated as a waiver by us of our right to act with respect to that breach, or in respect of any subsequent or similar breaches.
   66. The terms of use are governed by the laws in force in Victoria, Australia. you agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.

   AMENDMENT

   67. We may change or discontinue any aspect of the service or modify the terms of use at any time and will provide appropriate notice if the change has a materially adverse impact.
   68. We otherwise reserve the right to amend the terms of use at any time without notice. You should check the terms of use regularly. Continued use of the site will be deemed to constitute your acceptance of the updated terms of use.

    

   These terms were last updated on 24 September 2024