Zone 123 Fitness Pty Ltd
Effective Date: 23/07/2020
The Product is owned and operated by: Zone 123 Fitness Pty Ltd (ACN 78 625 619 454)
We are committed to the protection of Your privacy while You use the Product.
“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
“Content” means any content, writing, images, audiovisual content or other information published on the Product.
“Items” means any and all of the Product, Services, Content and Materials collectively.
“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Services or Product.
“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.
“Personal Information” means information that we obtain from You in connection with Your use of the Product.
“Product” means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.zone123.com.au
“Services” means any or all services provided by or on the Product.
“Third Party Links” means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
“Third Party Service Provider” means a third party, separate from Us or Our company but which provides services that assist Us in serving You. This may include but is not restricted to web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.
“Us”, “We”, “Our”, “the Company” or “the Owner” refers to Zone 123 Fitness Pty Ltd
“Us”, “We”, “Our”, “the Company” or “the Owner” also includes any employees, affiliates, agents or other representatives of Zone 123 Fitness Pty Ltd
“You” or “Your” refers to the user of the Website.
“Your Content” means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. TYPE OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
A. making purchases
B. receiving notifications by text message or email about events and promotions
C. receiving general emails from Us
D. commenting on Our content such as blogs, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features
II. In addition to any Personal Information that You are required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal addresses.
d. From time to time We may request information from You to assist Us in improving Our Product, Services, Content or Materials. For example, We may ask You to answer some questions about Your demographics, Your shopping preferences, or Your other preferences in relation to the Product.
a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.
b. Cookies do not access information which is stored on Your computer.
c. Cookies enable us to tailor our configurations to Your needs and preferences, in order to improve Your user experience.
d. Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies. However, if You do this, You may be prevented from taking full advantage of the Product.
5. HOW YOUR INFORMATION IS STORED
a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, we take the protection and storage of Your Personal Information very seriously. We take all reasonable steps to protect Your Personal Information.
b. We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure.
6. THIRD PARTIES
a. We may provide some of Your Personal Information from time to time to Third Party Service Providers so that they can help us to serve You via the Product. In particular, We may use Third Party Service Providers to assist with information storage (such as cloud storage).
b. We may provide some of Your Personal Information to Third Party Service Providers for the purpose of analysing data or tracking usage. For example, We may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred You to the Product and other details about Your usage of the Product. This information enables Us to understand patterns of usage of the Product, and to improve the Product.
c. We may use Third Party Service Providers to host the Product. If this occurs, that Third Party Service Provider is likely to have access to some of Your Personal Information.
d. We may use Third Party Service Providers to fulfil orders in relation to the Product.
f. For Your information, some of Our Third Party Service Providers may be located outside Australia and may not be subject to Australian privacy laws. The countries or regions in which our Third Party Service Providers may be located include:
h. Your Personal Information will not be sold or otherwise transferred to other third parties without Your approval.
7. COMBINING INFORMATION
a. We may combine, link or aggregate some of Your information in order to obtain a better understanding of Your requirements. This may enable Us to better design the Product and may also assist with Our business or administration requirements.
b. We may also share aggregated information with third parties but only if that aggregated information does not contain any information that identifies You personally.
8. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help us improve your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
I. order fulfilment.
II. providing customer service to You.
III. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products that may interest You based on Your personal preferences or demographics.
IV. advising You about updates to the Product or related Items.
V. market research.
9. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
b. In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, We may transfer Your Personal Information, including personally identifiable information, as part of that merger, restructure or sale.
10. INFORMATION YOU RELEASE
You acknowledge and agree that if You publish or submit Personal Information in publicly accessible sections of the Product (such as forums, bulletin boards, chat rooms, or other similar sections), then You are solely responsible for the release of that Personal Information and We are not liable or responsible in relation to the release of that Personal Information.
11. EMAIL OPT IN/OUT
12. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We are holding be updated or corrected.
13. DISCLAIMER REGARDING SECURITY
14. CHANGES TO THIS POLICY
a. We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, We will endeavour to handle it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:
I. Any complaints are forwarded to Our complaints officer for review. We aim to review all complaints within 7 days of receiving them (although this cannot be guaranteed). If necessary, the complaints officer may then refer the complaint to another section within Our organisation for consideration. If further information is required, We may contact You to request that information. If We accept fault in relation to the complaint then We will propose a resolution (which may or may not be the same as any resolution proposed by You). If We do not accept fault, then We will contact You to advise You of this. We aim to complete this entire process within 21 days, provided that We are provided complete information in the first place (although this cannot be guaranteed). However, if You do not provide complete information then this is likely to delay the handling of Your complaint.
II. If You have a complaint in relation to Our handling of Your Personal Information, You should use the following procedure to lodge Your complaint with Us:
III. If You are not satisfied with Our response to Your complaint, You may refer your complaint to the relevant external dispute resolution organisation in Your area.
16. CONTACT US
Zone 123 Fitness Pty Ltd
32 Wises Rd, Maroochydore, QLD 4556
Zone 123 Fitness Pty Ltd
This Refund Policy (“Policy”) applies to all purchases from us, unless stated otherwise.
(1) CUSTOMER SATISFACTION IS OUR PRIORITY
At Zone 123 Fitness Pty Ltd, customer satisfaction is our priority.
We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.
Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.
(2) AUSTRALIAN CONSUMER LAW
(a) Under the Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
– to cancel your service contract with us; and
– to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
(3) CHANGE OF MIND
(a) In the event that you receive the products or services which you purchased, as stated, but you simply change your mind, we may, at our discretion, offer you a refund or exchange provided that:
(I) You notify us within 14 days of receipt.
(II) In the case of products, you return the said product in its original packaging.
(III) In the case of products, the said product has not been opened.
(IV) In the case of products, the said product has not been used.
(V) In the case of products, the said product has not been damaged.
(VI) In the case of services, the services have not already been performed.
(VII) The following additional conditions are satisfied:
A reason for requesting a refund which must be filled in on a Zone 123 Fitness Pty Ltd Cancellation Form
Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service you purchased if:
(a) You misused the said product in a way which caused the problem.
(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(d) Any other exceptions apply under the Australian Consumer Law.
(5) SHIPPING COSTS FOR RETURNS
(a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the “Returned Product”) back to us, as well as any costs of shipping any replacement product to you.
(b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
(6) ASSISTANCE FROM MANUFACTURERS
(a) In some cases, manufacturers may provide assistance in relation to their products, and they may be able to resolve your issue more quickly.
(b) In some cases, manufacturers may provide warranties for their products, which go beyond the Consumer Guarantees under the Australian Consumer Law or any other rights which you may have under this Policy.
(c) You are not obliged to contact the manufacturer directly in order to seek a repair, replacement or refund. However, you may do so if you wish.
(7) RESPONSE TIME
We aim to process any requests for repairs, replacements or refunds within 14 days of having received them.
(8) HOW TO RETURN PRODUCTS
(a) You may contact us to discuss a return using the details at the end of this Policy.
(b) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.
(c) You must provide proof of purchase in order to be eligible for a refund, repair or replacement.
(d) You may be required to present a government issued identification document in order to be eligible for a refund, repair or replacement.
(e) You may return products to the following address:
T403/32 Wises Road, Maroochydore, QLD 4556
(9) CONTACT US
If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:
T403/32 Wises Road, Maroochydore, 4556,