Terms of Service

Welcome

Fit Button ABN (18639841101). We specialise in delivering a diverse range of product that solves problems that you face on a day to day basis.

Acceptance and variation

  • By accessing, registering or using our website (your website URL) (the Site) you agree to be bound by these terms and conditions (Terms). If you do not agree to the Terms please exit the Site and do not proceed to access it in any way.
  • We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you.  
  • Your continued use of the Site will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
  • Policies

Please read our Purchasing Policy, Delivery Policy, Privacy Policy, Returns Policy and our Warranty and Support Policy (Policies). These Policies govern the processes and procedures to be followed by you and by us with regard to the activities that each of the respective Policies relates.

 

No commercial use

You must not use any part of the Site for any commercial purposes. You must obtain our prior written consent before you make any commercial offer on the Site whether by the solicitation, direct advertising or links.

 

Copyright

  • The information contained within the Site (including its coding, wording, design, graphics and logos) are owned by us and are protected by Australian and International copyright laws.
  • You may only retain copies of information on our Site if it is obtained incidentally to your viewing and kept for your own personal reference.

Trademarks

  • Any logos you may see on the site may be trademarks owned by us, as well as all the other related trademarks graphics, slogans and logos used in connection with the sale and distribution of our products. This Site may also contain third-party trademarks, slogans, graphics, and logos.
  • You acknowledge and agree that you are not granted any right or license with respect to our trademarks or the trademarks of any third party.

 

Your account

You may create a registered account, but on doing so you agree to:

  • maintain all equipment necessary for your access to and use of the Site;
  • not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity;
  • transfer your account to someone else;
  • maintain the security of your user identification, password and personal information and any other confidential information relating to your account;
  • notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password;
  • take responsibility for all charges resulting from use of your account, including unauthorized use prior to you notifying us of such use;
  • take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your password, informing the police and contacting your financier;
  • update and keep your personal information accurate, but not limited to, email address, residential address, postal address and any other contact or personal information required.

 

Permitted use

You agree that you are only authorised to use the Site for the following activities:

 

  • viewing our product range;
  • conducting research on our products;
  • purchasing our products;
  • conducting investigations with respect to our business credentials;
  • retrieving our contact details; or
  • reviewing our Policies.

 

Interference

You agree that you will not:

 

  • use any automated processes or means  to access the Site;
  • use any software or manual repetition that will or is likely to interfere with the Site; or
  • attempt to cause stress or detriment to the proper working of the Site, such as by:
  • acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;
  • reloading or refreshing transaction pages more than once every 5 seconds; or
  • requesting any page of the Site more than 1000 times in aggregate in a 24 hour period.

 

Communications

  • When visiting the Site, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you acknowledge and consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Site.
  • Additionally, we may deliver communications (including legal notices) to you at the street address contained in your account. We may also deliver communications to you by any means set forth in any of our other Policies.

 

Off-Site Conduct

It is a direct violation of these Terms for you to engage in an activity using information obtained from the Site to contact, abuse, advertise, sell to, harass or harm any registered account holder or user of the Site.

 

Consequences of violation

  • If you violate these terms in any way we may in our sole discretion and without notice to you:
  • take any legal action we have available against you;
  • terminate your account;
  • block your use of the Site;
  • restrict your ability to make future orders; and/or
  • disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.
  • You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to our sales or increasing our expenses and in such a case you irrevocably consent to us seeking injunctive or other equitable relief against you as a consequence of your violation.

 

Third-party sites

  • The Site may contain links to third party websites outside our control (Linked Sites).  We take no responsibility for the content contained in any Linked Sites and do not endorse any aspect of these third party services.  We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive. Such links are provided for convenience only.  You use these Linked Sites entirely at your own risk.
  • We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. We advise that users should carefully review each Linked Site’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party via a Linked Site, including one accessed from the Site, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.
  • You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense.  By linking, you must not alter any of the Site's contents including any of our intellectual property and you must not frame or reformat any of our pages, files, images, text or other materials.

 

User’s risk

  • We will use reasonable care and skill to ensure that the Site is free from defect and harmful code. Internet services, however, areas you know subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.
  • With regard to any such device you choose to use as a means to access the Site, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for the device you are using.
  • We shall not be held liable for any losses or damages caused by your use of the Site, whether directly or indirectly and your use of the Site is entirely at your risk.

 

Disclaimer

  • The Site is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that the Site will be error-free or uninterrupted.
  • Whilst all due care has been taken in providing the information on the Site, we do not provide any warranty either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • All due care is taken in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.
  • We undertake all due care with any information which you may provide when accessing the Site and preserve such information in a secure manner in accordance with our Privacy Policy. We, however, cannot ensure the security of any information which you may provide and the information that you transmit to the Site is entirely at your own risk.
  • From time to time we may host third party content on the Site such as advertisements and endorsements.  Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.
  • We will not be liable to you or any other party for damages of any kind arising from your use of the Site.

 

Indemnity

You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us where such loss, cost or damage arose out of or in connection with whether directly or indirectly, your use of the Site or your breach of these Terms.

 

General

Jurisdiction

  • This Agreement is governed by the law in force in the State of Queensland.
  • Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
  • Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Fit Button Co (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Fit Button Co and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at fitbuttonco@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in South Yarra, Victoria before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Fit Button Co’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 Contact us

You may contact us by emailing fitbuttonco@gmail.com