Introduction

These Terms and Conditions govern the use of evolutionfitnessequipment.com.au with Australia wide delivery. (“the website”) and the purchase of any goods from it. The website is owned and operated by Evolution Fitness Equipment.

Acknowledgment and acceptance of Terms and Conditions

By using the website, you acknowledge that you have read and understood these Terms and Conditions. Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Evolution Fitness reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you.

Disclaimer

The information contained on the website is provided by Evolution Fitness in good faith. To the best of Evolution Fitness knowledge, the information is accurate and current. However, Evolution Fitness and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Evolution Fitness disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Evolution Fitness makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You further acknowledge and agree that subject to the section dealing with “Limitation of Liability”, Evolution Fitness will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Privacy

Evolution Fitness treats all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions. See Privacy Policy for further details.

Product Information

Prices of goods and services and delivery and other charges displayed on the evolutionfitnessequipment.com.au website are current at the time of display. Prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product description or other content of the website is accurate, complete, reliable, current or error-free.

Any and all the information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned! Any information you provide will be held with care and will not be used in ways that you have not consented to. If you have any questions, please feel free to contact us.

Mobile Message Service Terms and Conditions

The Evolution Fitness Equipment mobile message service (the “Service”) is operated by Evolution Fitness Equipment (“Evolution Fitness Equipment”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.); promotional messages: promotions, specials, and other marketing offers (e.g., cart reminders)] from Evolution Fitness Equipment via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to Evolution or Click the unsubscribe link in any text message to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Evolution Fitness Equipment mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (877)3604264 or email hello@evolutionfitnessequipment.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.