Overview

My Fit Deals Group Pty Ltd ACN 664 075 361 (My Fit Deals, we, us or our) owns and operates this Website. Access to and use of this Website, the Advertisements published on the Website and the products and services available through this Website (collectively, Services) are subject to the following terms and conditions (Terms of Use).

By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Definitions

In this document, unless the context requires otherwise:

• Advertisement means the marketing communication, published or to be published on the Website, that is for the purpose of promoting or selling a product or service of the Advertiser;
• Advertiser means a third-party business using the Website to publish Advertisement;
• Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
• Linked Site has the meaning given to it in clause 5;
• Services has the meaning given to it in clause 0;
• Terms of Use has the meaning given to it in clause 0; and
• Website means a collection of interconnected web pages owned by the Website Owner under the domain of https://myfitdeals.com.au/

Interpretation

In this document, unless the context requires otherwise:

• words in the singular include the plural and vice versa;
• if a word or phrase is defined its other grammatical forms have corresponding meanings;
• ‘includes’ means includes without limitation;
• no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it;
• a reference to the law means common law, principles of equity, and legislation including any subordinate legislation, and consolidations, amendments, re-enactments or replacements of any of them;
• a reference to this or any other document includes the document as novated, varied or replaced and despite any change in the identity of the parties;
• a reference to a clause is a reference to a clause of these Terms of Use; and
• headings do not affect the interpretation of these Terms of Use.

Access to Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to each such site’s terms and conditions of use.

Privacy policy

By using the Website, you consent to us collecting, using and disclosing your personal information in accordance with our separate privacy policies, as may be updated by us from time to time and which can be found at myfitdeals.com.au

Disclaimer of liability

• The Advertisements displayed on this Website are provided by the Advertisers. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, we make no guarantees, conditions or warranties as to the accuracy of the information contained in the Advertisements and will not be liable for any damages arising out of or related to your reliance on the Advertisements.
• Except where expressly stated to the contrary on the Website, all persons (including their names and images), third party trade marks and content, services and locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks or names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or your downloading of any material posted on it, or on any Linked Sites.
• To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Intellectual Property Rights

The Intellectual Property Rights in all content (including photographic images) made available to you on or through this Website remain the property of us or the Advertisers of those content and are protected by copyright laws and treaties around the world. All such Intellectual Property Rights are reserved by us and the Advertisers, as applicable. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

Indemnity

You agree to indemnify, defend and hold harmless My Fit Deals, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Variation to Website and Advertisements

We reserve the right to amend, remove or vary the Services, Advertisements or any page of this Website in our absolute discretion at any time, with or without notice to you.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Any amendment to these Terms of Use will be effective immediately from the time the amendment is made. Your continue use of this Website following such amendment will represent an agreement by you to be bound by the Terms of Use as amended.

General

• These Terms of Use, as amended from time to time, constitute the entire agreement between you and My Fit Deals regarding your use of the Services and the Website.
• We operate a dispute resolution procedure which will be used to resolve disputes when you notify us. Notwithstanding this, we have the final authority as to the interpretation of these Terms of Use and as to any other questions or disputes regarding the Services or the Website.
• If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. In so far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.