Terms of Use

fitphyt LIMITED TERMS OF USE

1. General

The following terms and conditions relate to the use of the fitphyt website (www.fitphyt.com), together with the purchase of any products or associated services featured on that website via our online store (“Website”) (“Products”) (“Store”) (“Terms of Use”). These Terms of Use constitute an agreement between fitphyt LIMITED trading as fitphyt (“us”, “we”, “our”), the owner and operator of the Website, and you (“you”, “your” or “user(s)”), a user of the Website and/or purchaser of any Products.

By accessing, browsing or using this Website, or purchasing any Products, you agree to these Terms of Use. If you do not agree to any of these Terms of Use, then you must not access or use this Website. We may amend these Terms of Use from time to time. Any amendment is effective immediately.

 

2. Online Orders and Transactions

Orders are made at our online Store at www.fitphyt.com via secure e-commerce payment platform provided by Shopify Inc. Payment can be made by Visa, Mastercard, Paypal or splitit. Shipping to online customers is available world-wide. For delivery information see our shipping information page.

Certain Products may be available exclusively online through the Website. These Products may have limited quantities.

We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction or to otherwise limit the quantities of any Products that may be purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. We may exercise any of these rights on a case-by-case basis.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In the event it is necessary to issue you with a Store Credit, we will provide you with instructions and a redemption code.

All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Some Products may not be available outside Australia.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

3.  Pricing and Shipping

All prices are displayed in the currency of the country where you are accessing the fitphyt website from.  All transactions are charged in United States Dollars (USD).

Prices are inclusive of worldwide shipping. For further details see our shipping information page. Risk in the Products passes to you upon shipping.

Refunds and returns are subject to our Return Policy.

 

4. Accuracy of Billing and Account Information

Contact Details
You agree to provide current, complete and accurate purchase and account information for all purchases of Products made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Store Passwords
It is your responsibility to keep your Store Password safe, secure and not to disclose it to anyone else. For more information visit our FAQ’s page.


5.  Alterations to Orders

Generally, orders are not able to be cancelled once they have been placed. However, in some situations, we may be able to cancel your order and create a new one. Any requests to substitute an order should be submitted via support@fitphyt.com 

We reserve the right to refuse alterations and amendments.


6.  Complaint Policy

In the unlikely event that your Product has been damaged during shipping or is otherwise defective please see our Returns Policy. fitphyt warranties in addition to your rights under Hong Kong Consumer Law.

fitphyt uses reputable third-party distributors. Whilst every care is taken to ensure accurate and safe shipping, we cannot provide warranties against unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. We will work with you to assist in resolving any issues that may be a result of a third-party failure. For more information see our FAQ’s page.

 

7.  Privacy

fitphyt complies with its obligations in relation to your privacy and personal information. For more information about how we handle your personal information or view our Privacy Statement.

 

8.  Use of Our Website - Specific Warnings

You must not access or use our Website (a) in a way that violates these Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked website. Whilst we have no reason to believe that any information contained on our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Website (including any hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

9.  Fraud

Any party engaged in illegal activities involving the Websites will be subject to civil and criminal sanctions and prosecution.
fitphyt does not guarantee that it will be able to prevent any illegal or inappropriate use of its Website, nor that it will give notice of any illegal or inappropriate use of its Websites.

It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.


10.  Copyright

Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Ordinance 1997 and similar Copyright legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:

  1. a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or
  2. b) commercialize any information, products or services obtained from any part of our Website, without our written permission.

All trademarks appearing on our Website belong to their respective owners.


11.  Restricted Use

Unless we agree otherwise in writing, you are provided with access to our Website only for your personal use. You may not without our written permission on-sell information obtained from our Website.

 

12.  Linked Websites

Our Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

13.  Disclaimer

This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms of Use.

 

14.  Security of Information


Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

15.  Termination of Access

Access to our Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

 

16.  Force Majeure

fitphyt is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond fitphyt’s control.

 

17.  Limitation of Liability

We do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or purchase or consumption of any of our Products. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or sale of our Products be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or purchase or consumption of our Products, or any websites linked to our Website (including the materials, information or services contained on such sites) whether in contract or tort or regardless of being advised of the possibility of such damages.

In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using our Website.

In the event of any defect with Products that you have purchased on or through our Website, your remedies will be as prescribed by Hong Kong Consumer Protection Law, and our liability will be limited to replacement of the Product in question, or refund to the value of that Product, or as otherwise prescribed by Hong Kong Consumer Protection Law. If the Products are goods not ordinarily acquired personal, domestic or household use or consumption for the purposes of Hong Kong Consumer Protection Law, our liability shall be limited to the re-supply of the Products or refund of the cost of supplying the Products.

 

18.  Indemnity

You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Website or purchase of Products by you or your officers, employees, agents, contractors or consultants

 

19.  Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on our Website. Your continued use of our Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

 

20.  Governing Law

The use of the Website and these Terms of Use are governed by and construed in accordance with the laws of Hong Kong.
Any legal action arising out of its use shall be brought and enforced under the applicable Hong Kong law.

By using this Website and/or purchasing any Products, you agree to submit to non-exclusive jurisdiction of the courts of Hong Kong, SAR.

 

fitphyt LIMITED Brand Ambassador and Affiliate Terms & Conditions

 

1. Brand Ambassador and Affiliate Terms & Conditions

The following are the terms and conditions of those participating in the fitphyt LIMITED Brand Ambassador and Affiliate Program.

“Brand Ambassador” and “Affiliate” and “You/Your/Yourself” refers to yourself; and “fitphyt LIMITED” and “We” refers to fitphyt LIMITED as well as its products and services and intellectual property, registered at Flat 79, 1/F, Block 2, Camelpaint Building, 62 Hoi Yuen Road, Kwun Tong, Kowloon KLN, Hong Kong.

“Site/Sites” refers to any means of communication such as emails, blogs, social media etc. used by, or belonging to, the Affiliate, to promote fitphyt LIMITED and its products and services.

 

2. Payments and Commissions

fitphyt LIMITED will pay the Affiliate a 10% commission of the subtotal after discount of each sale completed in the fitphyt LIMITED online store, which is identified by a visitor from Affiliate’s Site using their unique Affiliate Link.

Affiliate commission shall be paid via PayPal to the Affiliate’s PayPal account approximately every 30 days. fitphyt LIMITED, reserves the right to modify the payment schedule as long as notice is posted to the website and email correspondence is sent to the Affiliate. If commission does not exceed $20 USD during prior period, fitphyt LIMITED reserves the right to hold payment until commissions accumulate to the minimum amount of $20 USD.

Although the Affiliate Program is not limited to Hong Kong SAR, all payments will be made in United States Dollars (USD). If a qualifying sale is cancelled or refunded, the related commission will be deducted from the next monthly payment.

Affiliates are NOT employees of fitphyt LIMITED and are responsible for their own local, state, or country taxes. fitphyt LIMITED is not responsible for this.

All Affiliate applications are subject to approval by fitphyt LIMITED.

Both fitphyt LIMITED and the Affiliate reserve the right to terminate this agreement at any time. If cancelled, outstanding commissions for current period at time of cancellation, shall be paid in the next monthly payment so long as rules of this agreement were not violated by the Affiliate.

 

3. Affiliate Link

The Affiliate will be issued an “Affiliate Link”, or unique URL, which allows fitphyt LIMITED, to identify visitors from the Affiliate’s Site, as originating from You. These visitors are tracked with this unique URL or code and sales are recorded with the Affiliate’s identification. To receive commissions, the Affiliate must use the provided Affiliate Link or Coupon Code to promote fitphyt LIMITED products. The URL may be in various forms such as a banner, image, or text link.

fitphyt LIMITED, reserves all rights in or to its trademarks and service marks, but may be used by Affiliate in accordance with this agreement. The fitphyt LIMITED trademark may not be used to register internet domain names for any purpose, or in any instance. The Affiliate may in no way display the fitphyt LIMITED logo, image, or trademark which may be distasteful, defame, or misrepresent the fitphyt LIMITED brand and assets.

The Affiliate shall not misrepresent fitphyt LIMITED products or services or claim ownership.

The Affiliate is solely responsible for insuring that their Affiliate Link is setup properly to qualify for commissions.

The Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of fitphyt LIMITED products or services. This action will result in immediate termination of the Affiliate’s account with a cancellation of any pending commissions. The Affiliate will also be in violation of the fitphyt LIMITED Brand Ambassador and Affiliate Agreement, and subject to legal action.

 

4. Prohibited Sites

Sites that promote sexually explicit material or violence do not qualify as an Affiliate. Sites that promote discrimination based on race, sex, religion, national origin, sexual orientation, physical disability or any other characteristic, shall not be accepted. Sites that promote illegal activities shall not be accepted. Do not apply if Your site promotes these kinds of activities. By applying, You are stating that Your Site does not directly promote or endorse these activities.

 

5. Term of Agreement

This agreement remains in effect until cancelled by either party.

Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not cancelled or refunded by the referred customers. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

 

6. Disclaimer

fitphyt LIMITED will make every reasonable effort to track and pay commissions for all sales that apply to the Affiliate. However, fitphyt LIMITED is not responsible for technical problems, acts by third parties, or other events outside fitphyt LIMITED’s reasonable control which may temporarily disrupt or diminish this service.

 

7. Privacy

To protect fitphyt LIMITED customer privacy, we cannot provide identifying customer names and contact information to You. However, We will provide an online report detailing price, service, date of sale, and perhaps other data for Your records.

 

8. Independent Contractor

The relationship between fitphyt LIMITED and the Affiliate established by this Agreement is that of independent contractors. fitphyt LIMITED and the Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term “Affiliate” shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for fitphyt LIMITED under this agreement.

 

9. Limitation of Damages

fitphyt LIMITED shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if fitphyt LIMITED has been advised of the possibility of such damages. fitphyt LIMITED aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by fitphyt LIMITED under this agreement.

The Affiliate understands that Affiliate tracking can never be 100% accurate and fitphyt LIMITED is not responsible for inaccuracies that might occur beyond its control. Tracking of the Affiliate sales depend on several factors which are out of the control of fitphyt LIMITED. It is the goal to make the Affiliate tracking as accurate as possible; however, fitphyt LIMITED, cannot guarantee 100% tracking for situations beyond its control.

 

10. Warranty Disclaimer

fitphyt LIMITED makes no warranties expressed or implied with regard to the Affiliate Program except as outlined in this agreement.

 

11. Governing Law

This agreement shall be governed by law of Hong Kong, SAR.