Terms and Conditions

Welcome to the Ray Kelly Fitness' app. These Terms and Conditions will help you understand your rights while using this app.

This site is owned and operated by Ray Kelly Fitness. (Later referred to as ‘we’, ‘us’, ‘our’ or ‘it’). Because of frequent changes in internet technology and applicable law we reserve the right to add to, delete or change these terms when necessary.

Purchases

Certain features offered through our app may be conditioned on entering into a financial transaction with us. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment.

You also authorize us to collect and store it, along with other information related to your transaction. You authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the products purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the app, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 AUD, per instance, which charge you hereby authorize by entering into any transaction through the app. In the event of a subscription, the method of payment on file for your account will be billed automatically depending on the original Agreement between you and us.

Not with standing the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst we make every effort to present accurate information on this website, there may be typographical errors or inaccuracies, and some information may not be complete or current. We therefore reserve the right to change or update information, including product descriptions, pricing and availability, at any time without prior notice.

We apologize for any inconvenience this may cause, and please feel very welcome to contact Customer Services if there is ever an issue you would like to discuss.

Purchases – Other Terms

Additional Terms and Conditions may apply to the purchase of goods and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this paragraph.

You agree to abide by such other Terms and Conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service.

Submissions

We welcome your comments, feedback, ideas and suggestions on this website. Please bear in mind by submitting comments, you’re granting Ray Kelly Fitness nonexclusive, royalty-free, perpetual, irrevocable licence and right to use, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Communication from Us

At the time of purchase you’re welcome to specify if we can email product alerts and special offers to you that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you don’t wish to receive emails we’ll disable that functionality for your account. Each and every one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Your use of the App

While browsing our App, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar individuals thought to be conducting such activity. You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.

Copyright / Trademark Information

This entire website/app, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this App and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us.

Indemnification

You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

Limitation of Liability

We make no representation or warranty of any kind, express or implied, as to the operation of this app or the information, content, materials, or products included on this website. You expressly agree that your use of this app is at your own risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our App, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this App, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.

Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles.

These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.

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