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1. ACKNOWLEDGMENTS

These are the Terms of Use for the website, www.gravityfit.com (the “Website”) which is owned and operated by GravityFit Pty Ltd ACN 130 293 793 (“we”, “our”, “us”) and is provided to you as a user of the Website either as an individual and/or entity accessing the Website from time to time (“you, “your”).

When using the Website:

  1. your use of the information and material represented on the Website is governed by these Terms of Use and Our Privacy Policy;
  2. your use of the Website constitutes your agreement and acceptance to be bound by these Terms of Use; and
  3. certain sections of the Website may, from time to time, contain specific terms or disclaimers which form part of these Terms of Use and should be reviewed at the time when they are used.

We expressly reserve our rights:

  1. to any matter not referred to in, or rights not granted by these Terms of Use; and
  2. to vary any material that appears on the Website or these Terms of Use at any time, without further notice to you.

2. DISCLAIMERS

2.1 Accuracy and accessibility of information

Although we make all reasonable attempts to ensure the accuracy of information supplied on the Website, we do not accept any responsibility or liability nor make any warranties or representations regarding accessibility, correctness, accuracy, reliability or otherwise in respect to the information and materials on the Website.

Specifically, subject to any legal responsibilities which cannot be excluded, we make no warranty or representation regarding the quality, accuracy, merchantability or fitness for purpose of the material or services we provide on the Website, or that access to or operation of the Website will be uninterrupted.

2.2 Access to Website

You acknowledge and agree that:

  1. your access to and use of the Website is subject to these Terms of Use and all applicable laws and is at your own risk; and
  2. the Website and its contents are provided to you on an “as is” basis and we do not warrant or represent that the Website and its contents:
    1. are current, accurate and complete;
    2. does not contain any errors or faults; and
    3. does not infringe the rights of any third parties.

2.3 Linking to third party websites and software

You acknowledge and agree that although the Website may contain links to third party operated websites (“Third Party Website”) and/or links to download third party owned products (“Third Party Software”), unless specifically stated:

  1. we do not endorse or approve of the operators of, or the information or material obtained from any Third Party Website or Third Party Software;
  2. we are not required to maintain or update links connected to any Third Party Website or Third Party Software;
  3. the content of the Third Party Website is the responsibility of the site’s operator;
  4. the use and operation of the Third Party Software is governed by any licence terms set by the owner of the Third Party Software;
  5. we make no representations or warranties:
    1. regarding the accuracy, quality or fitness for purpose of the services or information provided on the Third Party Website or by the Third Party Software; and
    2. that the material on Third Party Website or that the Third Party Software, does not infringe the intellectual property rights of any other person; and
  6. we may receive payments from time to time from an operator of Third Party Websites or an owner of Third Party Software if you follow their link from the Website.

2.4 Viruses

We cannot guarantee that any file, program or software available for download and/or execution from or via the Website or a Third Party Website is free from viruses or other conditions that could damage or interfere with data, hardware or software with which such files might be used.

2.5 Limitation of liability

You assume all risk of use of the Website and all files, programs and software available from the Website.

To the extent permitted by law, we exclude any liability to you and you release us (including our related bodies corporate, directors, officers, employees, agents, contractors, successors or assigns) entirely of all responsibility and liability from any direct, indirect, incidental, consequential, special or punitive loss or damage you or others may suffer (including loss of profits or loss of data or information) in relation to the use of the Website, the material on the Website, or use of material on any Third Party Website.

Liability which cannot be excluded is limited to the extent possible, at our discretion, to:

  1. the supply of the goods and services again; or
  2. the payment of the cost of having the goods and services supplied again.

3. INTELLECTUAL PROPERTY

Except where specifically indicated:

  1. we own and retain all proprietary information, copyright, trademarks and other intellectual property rights (whether registered or unregistered) used or subsisting in relation to the Website, its contents and the products and services we provide;
  2. you may use the Website only for your own personal and non-commercial use to the extent permitted by relevant copyright legislation;
  3. except where necessary to use the Website, you may not use, copy, adapt, modify, frame, transmit, publish, upload, distribute, create derivative works of or link to any material on the Website without our prior written consent; and
  4. you must not use any forms of “Meta Tags” or other “hidden text” that uses any of our intellectual property including but not limited to our or our related bodies corporate’s names, trade marks (registered or unregistered) or product names without our prior written consent.

4. TERMINATION

We reserve the right to immediately terminate this agreement or your use of, or your registration with or your ability to access this Website, its contents and any other service that this Website provides if you breach any of these Terms of Use.

5. JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia and any disputes, actions, suits or proceedings relating in any way to these Terms of Use are exclusively subject to the jurisdiction of the courts in Queensland.

The Website may be accessed throughout Australia and overseas. We make no representations or warranties that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside of Australia, you do so at your own risk and you are responsible for complying with the relevant laws in force in the location from where you have accessed the Website and its contents.

6. GENERAL

If any of these Terms of Use are interpreted and construed to be invalid, illegal or unenforceable, then the invalid, illegal or unenforceable term shall be excluded with the remaining terms to remain in force.

The non-exercise of or delay in exercising our rights with respect to these Terms of Use will not operate as a waiver of our rights at any time.

All enquiries or complaints regarding use of the Website should be directed toinfo@gravityfit.com.

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