Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
In these Terms and Conditions, “we”, “our” and “us” mean Athletic Fox Pty Ltd and “our website” means the URLs “www.athleticfox.com” and “www.athleticfoxblueprint.com” and “you” and “your” means you, the customer.
These Terms and Conditions for use of our website and your order constitute the entire contract between us and you for the supply of products and services.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under copyright laws, and is the property of Athletic Fox Pty Ltd. The collective work includes works that are licensed to Athletic Fox Pty Ltd . Copyright 2013, Athletic Fox Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Athletic Fox Pty Ltd or purchasing Athletic Fox Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Athletic Fox Pty Ltd or to purchase Athletic Fox Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Athletic Fox Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade name Athletic Fox used in the site are trademarks or registered names of Athletic Fox Pty Ltd.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Athletic Fox disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Athletic Fox Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Athletic Fox does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. This clause is not intended to exclude or limit any rights which you may have under the Trade Practices Act 1974 (Cth) or equivalent State or Territory laws.
Limitation of Liability
Athletic Fox Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Athletic Fox Pty Ltd has been advised of the possibility of such damages. Athletic Fox does not accept responsibility and disclaims liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims. In addition, Athletic Fox Pty Ltd, its affiliates and information providers do not warrant or guarantee the timeliness, accuracy or completeness of any information or advice contained on this website and will not be held liable for any errors, inaccuracies or omissions or other defects within any such information or advice or for any claims or losses arising there from.
In the event that an Athletic Fox Pty Ltd product is mistakenly listed at an incorrect price, Athletic Fox Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Athletic Fox reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Athletic Fox shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Athletic Fox without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Athletic Fox Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Athletic Fox Pty Ltd
Your use of this site shall be governed in all respects by the Australian relevant laws. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Athletic Fox Pty Ltd products and services) shall be in the state or federal courts located in Sydney, NSW. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Athletic Fox Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Athletic Fox Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Athletic Fox may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Athletic Fox or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Athletic Fox Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Athletic Fox is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Athletic Fox reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Athletic Fox Pty Ltd in its sole discretion.
You agree to indemnify, defend, and hold harmless Athletic Fox Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable legal’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Athletic Fox Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Athletic Fox, Athletic Fox Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Athletic Fox. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Athletic Fox seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
- Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order and providing your credit card details in addition to checking a box acknowledging that the product or service you are purchasing is a subscription based service and that you are entirely responsible for subscription renewal dates and cancellations. Our Service, The Athletic Fox Blueprint will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorisation from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Service. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RELATED RECURRING CHARGES TO YOUR APPLICABLE PAYMENT METHOD WITHOUT FURTHER AUTHORISATION FROM YOU AND WITHOUT FURTHER NOTICE UNLESS REQUIRED BY LAW. YOU ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF THERE HAS BEEN A CHANGE IN THE APPLICABLE FEES OR RATE OF CURRENCY EXCHANGE.
- International Website
We sell online services worldwide
- Legal Capacity to Transact
3.1 If you are under eighteen (18) years of age, you cannot order via our website.
3.2 Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
- Processing your Order
4.1 Upon completing your order and submitting it through the checkout system
4.2 Upon receiving payment via your credit card we will send you a confirmation email with login details.
4.3 We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
4.4 If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.
- Payment Methods and Processing
5.1 We use eWAY Payment Gateway and PayPal and currently accept VISA and MasterCard credit cards. American Express will incur a 4% surcharge.
5.2 Orders placed on weekends or public holidays will be processed on the next business day.
5.3 Business days are Monday to Friday, excluding NSW Public holidays.
5.4 We process payments only after you successfully complete the checkout.
All purchases include 10% GST unless otherwise stated.
7.1 We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.
7.2 We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
7.3 We reserve the right to modify prices published on our website at any time.
7.4 The price displayed for products on this website represents the full price in U.S dollars. We are not responsible for the rate of exchange.
8.1 All stock availability representations (graphical or text) on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice.
8.2 You will be notified if item/s are on backorder and/ or are no longer available.
- Delivery/ Pick Up of Goods
After ordering online:
(a) You will receive an e-mail confirmation, containing your order details
(b) We will endeavor to send your goods as soon as possible. In most cases we will deliver within 2-6 business days of order placement, however, delivery of each ordered product/s can take up to 10 business days from the date payment is received. Products that have longer delivery time frame will have estimated shipment period listed accordingly.
(c) Your order will be sent via Australia Post Parcel Post service
(d) We will deliver each ordered product/s to the place of delivery designated by you.
(e) Please contact firstname.lastname@example.org if you wish to change your delivery address after payment. If your order has already been sent, you will be unable to change your delivery address.
- Title and Risk
Title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software components to any product, shall remain with the applicable licensor(s) at all times.
- Cancelled Orders and Returns Policy
11.1 Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order confirmation.
11.2 No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to check subscription renewal dates, verify and accurately provide information when placing an order, or when your subscription is renewed. It is the responsibility of the buyer to check subscription dates. Should you cancel your membership to The Athletic Fox Blueprint your access to the membership site will be revoked and you will no longer be able to access materials.
- Faulty, Damaged or Defective Physical Product & Physical Product Return
12.1 A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
12.2 If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available, however we may upgrade it to a newer model.
12.3 Products damaged in transit must be reported to us within 24 hours of receipt of the product.
12.4 If you receive a product that you think is defective, you are to immediately contact email@example.com who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
12.5 Where a product is provisionally determined to be defective we will arrange to replace the product.
12.6 Where we have provisionally determined your product is defective, return shipping may be arranged at our expense, but this will be determined on a discretionary basis.
12.7 If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
12.8 We reserve the right to test any returned defective product.
12.9 Products must be returned whenever we agree to replace the product or provide you with a refund.
12.10 Please ensure that all original items including packaging are returned.
12.11 It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to Athletic Fox Pty Ltd store.
- When a Replacement Product is arranged
13.1 A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
13.2 Subject to availability, the delivery time for the replacement product may be the same as stated for the original product.
13.3 Replacement products are provided with the same warranty as the original product.
- When a Refund is arranged for Physical Products
14.1 NO REFUNDS will be given for online e-products including The Athletic Fox Blueprint.
14.2 Refunds include delivery and associated costs for the defective product only.
14.3 Refunds will only be issued to the same credit card or debit card used for the original purchase. We do not accept any responsibility for fluctuations in the exchange rate upon refund.
- Hardware Exclusions and Limitations
15.1 We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic products such as Apps or downloadable ebooks.
15.2 In relation to any electronic media product, or any hardware product or computing or electronic part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from www.athleticfox.com
- Your Personal Information
- Credit Card Fraud
Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use eWAY secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.