2. Terms of Sale
3.Use and Restrictions.
The Site may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws.
Embrace Fitness Solutions may terminate your permission to use the Site if you have made any unauthorized use of the Site. You acknowledge and agree that your unauthorized use of the Site may also violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Embrace Fitness Solutions or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Embrace Fitness Solutions. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including EMBRACE FITNESS SOLUTIONS, and EMPOWERED STRONG CONFIDENT, are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in Australia and various other jurisdictions around the world.
7. Your Account
8. Electronic Communications
You consent to receive electronic communications from Embrace Fitness Solutions either in the form of email sent to you at the email address listed on your account or by communications posted on the Site.
You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to Embrace Fitness Solutions set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Site.
Embrace Fitness Solutions reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site and/or (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Embrace Fitness Solutions determines is inappropriate or disruptive to the Site or to any other user of the Site. Embrace Fitness Solutions may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Embrace Fitness Solutions discretion, Embrace Fitness Solutions will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, or on the Internet.
Embrace Fitness Solutions takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Embrace Fitness Solutions is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Site, please CONTACT US.
Embrace Fitness Solutions may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Site. Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.
11. Your Consumer Rights
12. Links to Third Party WebSite
The Site may contain links to webSite and other resources operated by third parties other than Embrace Fitness Solutions. Such links are provided solely as a convenience to you. Embrace Fitness Solutions does not control such website, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such website on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party website or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties..
13. Governing Law
15. Gift Cards
By purchasing a gift card ("Gift Card") offered by Embrace Fitness Solutions, you are certifying and representing to Embrace Fitness Solutions that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card or included with the Gift Card (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to any person.. For full Gift Card terms and conditions, please read the Embrace Fitness Solutions Gift Card Terms and Conditions applicable in your jurisdiction.
Embrace Fitness Solutions cannot accept cancellations on Gift Cards once payment has been processed. Gift Cards are not refundable (in part or in full or amount paid) or redeemable for cash. When purchasing on www.embracefitnesssolutions.com, Gift Cards are recognised as a free service and not considered as goods of the shopping cart total or GST. Any amount purchased on a Gift Card in an online transaction will not contribute to the free shipping or other promotional qualification amount unless stated otherwise in the relevant promotional Terms & Conditions. The value placed on an Embrace Fitness Solutions Gift Card cannot be redeemed to place value on a new Embrace Fitness Solutions Gift Card.
Embrace Fitness Solutions Gift Cards are valid for 1 year from the date of purchase, which is noted on the card. It is the Purchaser’s and Receiver’s responsibility to redeem the value placed on the Gift Card within that time frame. Embrace Fitness Solutions is unable to extend Gift Cards beyond the expiry date.
Embrace Fitness Solutions Gift Cards can be redeemed in the following
Country where Embrace Fitness Solutions Gift Card was purchased
Where the Embrace Fitness Solutions Gift Card can be redeemed
Embrace Fitness Solutions Studio’s in Australia and online at www.embracefitnesssolutions.com
The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Embrace Fitness Solutions.
All returns for purchases made with an Embrace Fitness Solutions Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1,000. Gift Cards never accrue fees.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards should be treated as cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund a Gift Card after purchase.
Embrace Fitness Solutions will have the right to close a Gift Card account and request alternative forms of payment if Embrace Fitness Solutions reasonably believes such Gift Card has been fraudulently obtained.
Not for promotional use
Where permitted by law, Embrace Fitness Solutions Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web Site, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without Embrace Fitness Solutions prior written consent.
No affiliation with Embrace Fitness Solutions
Use of Embrace Fitness Solutions name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Embrace Fitness Solutions Gift Cards is strictly prohibited. The use of Embrace Fitness Solutions Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Embrace Fitness Solutions, or any of its subsidiaries or affiliates, is prohibited.
When you purchase, receive or redeem an Embrace Fitness Solutions Gift Card, you agree that the laws of the jurisdiction in which you purchased, or redeemed that Embrace Fitness Solutions Gift Card will apply. Embrace Fitness Solutions reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
16. Contact Us
You can contact us via email or by writing to us at:
Embrace Fitness Solutions Customer Service Australia
2/7 Castlemaine Street,
Kirwan, QLD 4817