Terms of Use

1. Your acceptance of these Terms of Use

Please read these Terms of Use and Embrace Fitness Solutions Privacy Policy carefully. By using this Site, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in these Terms of Use and Embrace Fitness Solutions Privacy Policy. If you do not agree to these Terms of Use and Embrace Fitness Solutions Privacy Policy, you must exit the site immediately and discontinue any use of the Site. If you continue to use the Site, you will be deemed to have agreed to abide by each of the Terms of Use and the Embrace Fitness Solutions Privacy Policy. Embrace Fitness Solutions may update these Terms of Use at any time by posting updated Terms of Use on the Site or by sending registered users an email notice of the changes. You should read the Terms of Use and the Embrace Fitness Solutions Privacy Policy regularly. If any modification is unacceptable to you, you must immediately cease using the Site. If you do not cease using the Site, you will be deemed to have accepted the change.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Embrace Fitness Solutions or its affiliates for other products or services.
Your personal information will be collected, used, processed and disclosed in accordance with the Embrace Fitness Solutions Privacy Policy, a copy of which is available here.


2. Terms of Sale

These Terms of Use do not apply to any online commercial transaction made on the Site. All product sales from the Site are governed by any terms of sale that may be posted on the relevant Site. You should refer to our TERMS OF SALE to learn more about applicable purchase terms and product warranties, our RETURN POLICY, and our SHIPPING TERMS. By ordering and/or accepting delivery of the products, you agree to be bound by our Terms of Sale. Our Terms of Sale are subject to change without prior notice at any time, in Embrace Fitness Solutions  sole discretion so you should review the Terms of Sale each time you make a purchase.


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.

This Site is provided solely as a convenience to you for your non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. While we use reasonable care and skill to ensure the Site is free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. Embrace Fitness Solutions is unable to make any warranties or representations that you will be able to access the Site or that your access will be secure or uninterrupted.

You agree that you will not: (a) resell for commercial purposes products purchased through use of the Site; (b) resell or make commercial use of the Site or any Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Site; (f) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site are hosted or modify or alter the Site in any way; (g) create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Submissions or other information transmitted to or via the Site; (h) use, frame or utilize framing techniques to enclose any Embrace Fitness Solutions trademark, logo, Content or other proprietary information (including the images found at the Site, any text or the layout/design of any page or form contained on a page) without Embrace Fitness Solutions  express written consent; (i) use any meta tags or any other “hidden text” utilizing a Embrace Fitness Solutions name, trademark, or product name without Embrace Fitness Solutions  express written consent; (j) defame, abuse, harass, use offensive, explicit or obscene language, or otherwise post a Submission not suitable for general viewing.

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.

For the purposes of these Terms of Use, "Content" means, collectively, any text, images, graphics, software, source code, object code, apps, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the Site that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.


4. Copyright

The Content on the Site and the selection and arrangement thereof, are the sole property of Embrace Fitness Solutions and/or its licensors and are protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Embrace Fitness Solutions express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Embrace Fitness Solutions grants no other privileges or rights in the Content to you, and you must keep intact all copyright, trademark and other proprietary notices on the Content. Any Content owned by Embrace Fitness Solutions licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Embrace Fitness Solutions express prior written consent.


5. Trademark

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.


6. Cookies

The Site may make use of cookies. Cookies are an industry standard and most major websites use them. A cookie is a small text file that is used as a means to remember your details. Cookies are designed to improve your experience of the Site. In some cases, cookies may collect and store personal information about you. If you would like further information about cookies and how we use them please refer to the Embrace Fitness Solutions Privacy Policy.


7. Your Account

If you establish an account with Embrace Fitness Solutions, you agree you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password, unless such activities arise from Embrace Fitness Solutions negligence, willful misconduct, or breach of its obligations under the Privacy Policy or these Terms of Use. You agree to immediately notify Embrace Fitness Solutions of any unauthorized use of your password or account or any other breach of security by contacting us at the email address set out below.

You acknowledge and agree that Embrace Fitness Solutions may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Embrace Fitness Solutions is required to do so by law or legal process or if Embrace Fitness Solutions determines, in its sole discretion, that such action is necessary to protect the rights of Embrace Fitness Solutions, third parties, and other users of the Site or for purposes of responding to your request for customer service. Embrace Fitness Solutions right to disclose any such information shall govern over any terms of our Privacy Policy.


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.


9. Submissions

You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Site, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not Embrace Fitness Solutions, have full responsibility for each such Submission you make, including its legality, reliability, and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to Embrace Fitness Solutions in relation to that Submission. You agree that Embrace Fitness Solutions is free to use a Submission for the purpose of providing you and others with use of the Site and their functionality and providing you with the associated products and services, and you grant Embrace Fitness Solutions a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilize, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission. Embrace Fitness Solutions is under no obligation to treat Submissions as confidential or proprietary information except pursuant to Embrace Fitness Solutions PRIVACY POLICY applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Use, you retain ownership of any copyright or other intellectual property rights in your Submissions.

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.


10. Modifications

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

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission Australian State and Territory fair trading authorities.


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

These Terms of Use and the relationship between you and Embrace Fitness Solutions will be governed by the laws of Queensland, Australia without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.


14. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms of Use exclusively shall be English All communications and agreements between Embrace Fitness Solutions and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in English. Embrace Fitness Solutions and you waive any rights we each may have under any other law to have these Terms of Use written in another language. Any translation of these Terms of Use will be for convenience only.


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.


Expiry Date

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.

Balance Inquiries

For balance inquiries please CONTACT US or visit www.embracefitnesssolutions.com



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.


Our Policies

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.


General Terms

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




These Terms of Use were last updated on 9 February 2021.