TERMS OF SERVICE – DISCLAIMER
Please read this Terms of Service & Disclaimer and the Manual in full before assembling and using the V-Form Trainer or Trainer+ and any Vitruvian accessories (together your machine).
You are responsible for ensuring your own safety and for protecting your machine from damage. You must read all of the instructions in the Manual, on the Vitruvian App or on our website, before any use or operation of your machine.
You must not use your machine in any other way than what is instructed in the Manual. You must obey all warnings on your machine and never use your machine contrary to any warnings. You must only attach and use accessories authorised by us on your machine. You must always ensure that any authorised accessories are attached to your machine using attachments and parts supplied by Vitruvian and in a way that we instruct in the Manual.
Only you are permitted to use your machine via your Vitruvian App user account. Any other user must set up their own user account on the Vitruvian App, with their own personal details. To the maximum extent applicable at law, we are not liable for any damage or injury or loss caused by any unauthorised users using your machine through your Vitruvian App user account.
The videos and images on the Vitruvian App are demonstrations only. They are not recommendations for any fitness or exercise plan or any other purpose. We recommend that you consult with your suitably qualified healthcare or medical professional (Physician) before engaging in any activity involving your machine. It is your responsibility to self-screen and get the appropriate advice from your Physician about any pre-existing injury, illness, condition, or circumstance that may increase your risk of injury or illness, and to assess these risks to your health with your Physician.
Do not disregard professional healthcare or medical advice you have received, or delay in seeking your own professional healthcare or medical advice because of something you have viewed on the Vitruvian App, through our website, social media channels, or otherwise provided by us.
Your safety is paramount. If you experience any pain, dizziness, shortness of breath, nausea or any other unexpected or adverse physical symptom, or difficulty while using your machine, cease all activity immediately and seek medical assistance.
To the maximum extent applicable at law, any use of your machine is at your own risk and Vitruvian is not responsible or liable for any injuries, damage or loss sustained, that results from the use of, or inability to use, the features on the Vitruvian App or your machine. Persons 14 years and up under the age of 18 years must not use your machine without direct adult supervision. Your machine must be kept away from children and household pets. Persons with reduced physical or mental capabilities that will or may impair or impede the safe use of your machine must only use your machine under the supervision of a suitably qualified healthcare or medical practitioner. Misuse or inappropriate use of your machine may result in serious or permanent injury.
To the maximum extent permitted by law, Vitruvian is not responsible for injury or damage caused by misuse or inappropriate use of your machine.
TERMS OF SERVICE – GENERAL TERMS
In these terms and conditions, which include these Terms of Service comprising the Disclaimer and General Terms (together the Terms), “we”, “us” and “our” refers to Vitruvian Investments Pty Ltd (ACN 630 548 846) and our related bodies corporate. We operate and maintain the Vitruvian web or mobile Vitruvian App (Vitruvian App), our social media channels (including Instagram, Facebook, YouTube, Vimeo and WhatsApp) and website at https://vitruvianform.com (Website) and provide fitness machines and accessories (including the V-Form Trainer and Trainer+) and membership services (including the instructional videos available through the Vitruvian App) (Products). Together, in these Terms, all of the above are collectively referred to as the Services.
The Services are available for you to download, use and access (as applicable) (Use), conditional on your acceptance of these Terms. By continuing to Use the Services you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not Use the Services.
Amendment of these Terms
We might amend and add to these Terms from time to time. Your Use of the Services, following any amendment, means you agree to the Terms as amended.
Who may use the Services
By Using the Services, you warrant:
- you are at least 18 years of age, or, if you are between the ages of 14 and 18 years, you have the express written consent of an adult to sign up to the Vitruvian App who will directly supervise your use of your machine;
- you have been given clearance by a Physician (as defined in the preceding Disclaimer) to use the Products and Services;
- you are capable of entering into a legally binding contract with us;
- you are authorised and able to make payment via the credit or debit card you have provided to us;
- the credit or debit card or any other payment method you provided is valid; and
- the contact information (including any address for delivery of any Products) that you provide to us is correct and up to date and that you will keep your contact information up to date with us.
Using the Services
To Use the Vitruvian App, you must provide us, through the Vitruvian App, with your full name, email address and/or access (where applicable) to your Facebook, Apple or Google accounts and create a user account with us. In order to Use the full functionality of the Vitruvian App, you must have a user account with us and be logged into your account with a valid and full membership with us. You may Use the Vitruvian App with a part-membership or without a membership whatsoever, however if you have a part-membership or do not have a membership whatsoever, you may not be able to access certain functions of the Vitruvian App.
You are responsible for keeping your contact information and user details and secure and are responsible for all Use and activity carried out under your user account.
You may not Use the Services:
- for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes or any Government authority;
- for any commercial purposes, without our prior written consent;
- to distribute any inappropriate communication, virus, harmful components or other disabling code in any form;
- in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services;
- to make unauthorised access or modifications to the Services; or
- in any manner or for any purpose which is contrary to any instructions provided by us in these Terms.
You agree not to permit any third party to access the Services using your username and password, and not to share your username and password with any other person.
Ordering the Products
We endeavour to be as accurate as possible in the description and provision of the Products on our Website. However, you acknowledge and agree that any images, videos and instructions of the Products on the Website are for illustrative and demonstrative purposes only.
To purchase the Products, you must complete an order form available on the Website. We will use our best endeavours to ensure, but do not provide any guarantees in relation to, the availability of the Products.
You agree that a contract with us for the sale and supply of Products is formed when:
- you place and confirm an order for Products on the Website;
- either (as the case may be):
- you make payment in full for Products and delivery charges via your nominated payment method; and/or
- you agree to become a member for a regular supply of our Products by making regular payments billed to your nominated payment method, every month (Membership Orders); and
- the acceptance of your order by us.
For Membership Orders, you agree to pay recurring periodic payments to us which will be deducted from your nominated credit or debit card or other nominated payment method, until cancelled by you or us in accordance with these Terms. We reserve the right at any time, for any reason and without explanation to you, not to renew your Membership Order.
Price and Payment
The price of the Products and applicable delivery charges and taxes are shown on the Website from time to time, except in cases of obvious error. While we endeavour to give you advance notice of any changes in our pricing and availability, we reserve the right to change the price of the Products at any time prior to your purchase of the Products.
Additional taxes and duties in addition to the prices shown on our Website may be applicable according to specific country requirements.
Payment for all Products will occur via the Website or Vitruvian App. Payments may be made via a third party payment gateway facility (and, where available, a third party financing option), and will be subject to any terms and conditions of those third party providers. You acknowledge and agree that there are risks in using third party payment or financing services and in doing so, we are not responsible for any loss or damage suffered by you in using third party payment or financing services.
All payments for Products must be made in full before we dispatch and deliver the Products to you.
We may offer gift cards, discount promotions and other types of vouchers (Voucher) which can be applied towards full or part payment (as applicable) for the Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one Voucher is allowed to be applied per order.
We reserve the right to withdraw or cancel any Voucher (other than gift cards or vouchers that are pre-paid) or exclude the use of any Voucher on specific Products for any reason at any time. Any exclusions on any Voucher will be set out in any applicable special conditions.
Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code when placing your order through the Website and use of such code will be deemed to confirm your agreement to these Terms and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, unless specified to the contrary on the Website.
Dispatch & Delivery
All delivery fees indicated on the Website are for delivery to addresses in Australia, mainland USA, Canada, the EU, the UK, Singapore and Malaysia only. For delivery to other countries, additional delivery fees may apply.
You agree that it may not be possible for us to deliver to all locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order and associated refund to you, or delivery to an alternative delivery address and if there is any additional delivery fee payable by you in respect of an alternative delivery address, we will let you know so this payment can be made prior to delivery.
We may subcontract the supply, delivery or transportation of the whole or any part of the Products. You acknowledge and agree that there are risks in using third party delivery services and in doing so, we are not responsible for any loss or damage suffered by you in using third party delivery services. We accept no responsibility or liability for delivery failures or delays by any third party delivery contractor.
We will use our best endeavours to deliver your order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors affect these timeframes.
You must ensure that you are able to take delivery of the Product(s) without undue delay and at any time reasonably specified by us at the address you provide to us when you make your order. If you are not able to take delivery of the Product(s), our delivery contractors may notify you of instructions on either re-delivery or collection from the delivery contractor’s collection point. If:
- delivery or collection is delayed through your unreasonable refusal to accept delivery; or
- you do not within two (2) weeks of our first attempt to deliver the Product to you accept delivery or collect the Product,
- then we may (without affecting any other right or remedy available to us) either:
- charge you for costs reasonably incurred by us to attempt to re-deliver the Products to you; and/or
- no longer make the Products available for delivery or collection and notify you that we are cancelling your order and arrange for the associated refund to you, less any costs incurred in any unsuccessful delivery or re-delivery.
If you have any questions, concerns or feedback regarding dispatch and delivery of the Products, please contact firstname.lastname@example.org.
Returns and Cancellations
Return Policy: We offer returns on Products which are physical items (for the avoidance of doubt, Membership Orders cannot be returned or refunded) (Items) for 30 days from the date of delivery. To be eligible for a return:
- Items must be initiated for return by emailing us at email@example.com within 30 days from the date of delivery. Upon receipt of your request for a return, we will provide you with the address for the return of the Item;
- all Items must be in new condition and packed in original packaging; and
- you must pay all applicable delivery and shipping costs to return the Items to us.
If the Items are damaged upon receipt or you have received an incorrect order, you must contact us by email to firstname.lastname@example.org within 30 days from the date of delivery of the damaged or incorrect Items with details of the damage or incorrect order, and we may offer a refund, replacement or other substitution in our discretion.
If you wish to cancel your Membership Order, you must do so through the Vitruvian App.
Other than as provided in these Terms, all orders that are accepted by us are final and no returns or substitution of any Products is permitted, however we may offer a refund, replacement or other substitution in our discretion or as otherwise required by law.
Title and Risk
Title to the Items will only pass to you when we receive full payment of all monies due in respect of the Items, including delivery charges.
The Items will be at your risk from the time of dispatch for delivery. If dispatch for delivery is delayed, risk shall pass at the date when dispatch delivery would have occurred.
Limited Warranty: In addition to any rights you have at law in Australia, we offer a limited, non-transferable, warranty on Items which is limited to:
- defects in component parts (except for electronic parts and wearable items) when used in accordance with these Terms; and
- defects in electronic parts and wearable items when used in accordance with these Terms,
- for 12 months from the date the Item is ordered by you. If you submit a claim under this limited warranty, we will, at our option:
- replace the defective part, or supply of equivalent part; or
- repair of the defective part; or
- pay of the costs of replacing the defective part, or acquiring equivalent parts; or
- pay of the cost of having the defective part repaired.
The limited warranty above does not apply to:
- cosmetic damage, including but not limited to scratches and dents
- damage caused by use with a third party component or product that is not authorised by us;
- damage caused by accident, abuse, misuse, fire, liquid contact or other external cause
- damage caused by operating the Item other than in accordance with these Terms and any guidelines provided by us;
- damage caused by service performed by anyone who is not authorised by us; and
- defects caused by normal wear and tear or otherwise due to the normal aging of the Item.
To initiate a warranty service, please contact email@example.com and state that you are making a claim for a warranty service under these Terms.
In the event that we fail to comply with any consumer guarantee or warranty provided for in the Competition and Consumer Act 2010 (Cth) that cannot be excluded in relation to the Products, the following applies:
- if you’re covered by Australian law:
- If there is a major failure, you may choose to receive a refund, replacement or repair, and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Item repaired or replaced if the Item fails to be of acceptable quality and the failure does not amount to a major failure.
- If there is a minor failure and the Item can be repaired or replaced, we will send a repair part or replacement, or refund the purchase price, at our discretion.
- For any Item that we cannot assess ourselves, we may arrange for or have you send the Item directly to the manufacturer for assessment. In these circumstances, depending on the Item, please be aware that it may take several weeks to complete this process.
- In the event that we do not find a fault in the Item, at our discretion the replacement or refund may be refused and the Item returned to you at your cost.
- In the event that you fail to comply with any of your obligations set out under this clause, including in respect of the return of Item (if required by us, acting reasonably), we reserve, acting reasonably, the right to refuse to provide you with a replacement or refund of the Item in our discretion.
- If you’re not you’re covered by Australian law, our liability to you for failure to comply with any such guarantees or warranties is limited to, at our option, one or more of the following:
- the replacement of the Products, or the supply of equivalent Products; or
- the repair of the Products; or
- the payment of the costs of replacing the Products, or acquiring equivalent Products; or
- the payment of the cost of having the Products repaired.
Liability and Indemnity
To the maximum extent permitted by law:
- you acknowledge and agree that all Products purchased from us are on an “as is” basis and, other than the limited warranty, we provide no other express warranties in relation to the Products including but not limited to any warranty in relation to the accuracy, completeness, fitness for purpose or legality of the Services;
- your use of the Services is entirely at your own risk. You are responsible for all of your activity in connection with accessing and using the Services; and
- you release and discharge us and our personnel, contractors and representatives from:
- all claims and demands on us by you or any third party; and
- any loss or damage whatsoever and whenever caused to you,
arising directly or indirectly from, or incidental to, your use of the Services;
- we are not liable to you for:
- any inaccuracy, inadequacy, amendment or change to the Services;
- any interruptions to, delays or inability to access the Services caused by any act, omission or default including of a third-party service provider who provides goods or services for use in connection with the Services; and
- any direct, indirect or consequential loss or special damage whatsoever incurred or suffered by you or any third party in relation to the Services and/or any matter under these Terms; and
- where our liability cannot be excluded, your sole remedy for any breach of these Terms by us is termination of these Terms.
All information provided via the Services is general information only and is not professional medical, health, fitness advice or any form of professional advice and should not be taken as such.
Without limiting any other clause of these Terms, you acknowledge and agree to any disclaimer in relation to the Vitruvian App, the Website, the Products (including any user manuals) and any other communication or content as otherwise published by Vitruvian from time to time.
You indemnify us and keep us and our directors, officers, employees and agents indemnified from and against any loss (including direct and consequential loss), damage or liability incurred by us arising from any claim, demand, suit, action or proceeding by any person, arising out of, in connection with or in respect of:
- any breach of these Terms by you; and
- your Use of the Services.
Use of Online Resources
Our Website, Vitruvian App and social media channels (together our Online Resources) may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content, we:
- unless expressly stated otherwise, do not endorse or sponsor any Third Party Content or have any association with the operators of the Third Party Content; and
- are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content, or any changes or updates to the Third Party Content.
To the maximum extent permitted by law, we do not warrant, guarantee or make any representation that:
- the Online Resources, or the server that makes these available on the world wide web are free of software viruses, disabling code or other harmful components;
- the functions contained in any software contained on the Online Resources will operate uninterrupted or are error-free;
- any errors and defects in the Online Resources will be corrected; and
- the information provided on or through the Online Resources is suitable, reliable, accurate, current or complete.
To the maximum extent permitted by law, we exclude all liability for any loss or damage (including direct and consequential loss) arising from or in connection with:
- your use of the Online Resources and any Third Party Content;
- your reliance on any information provided on or through any Online Resources and any Third Party Content;
- the delay or inability to use any part of the Online Resources; or
- the failure to provide services or any information through the Online Resources.
Unless otherwise indicated, we own or are licensed to use all intellectual property rights (including copyright, trade marks, patents and designs) subsisting in the content (including any graphics, images, logos, text, material, software) in our Services.
We grant you a non-exclusive and revocable licence to use the Online Resources for the limited purpose of your Use of the Online Resources in accordance with these Terms.
You must not, without our prior written consent:
- re-sell, offer to rent or lease the Services;
- modify, adapt, translate, reverse engineer, decompile, decode, disassemble, create derivative works or derive source code from the Services;
- integrate the Services within a good or service of your own; and/or
- copy, reproduce, communicate, republish, frame, submit, upload, post, distribute, transmit, sublicence, assign or otherwise transfer or grant any rights in the Services.
Linking to this website You may link to any Online Resources provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned or controlled by you. Our Online Resources must not be framed on any other website, nor may you create a link to any part of the Online Resources other than the home page. We reserve the right to withdraw linking permission without notice.
If you have a complaint in relation to these Terms, please email us at firstname.lastname@example.org with details of your complaint and we will endeavour to try to resolve the complaint.
All notices given by you to us must be given to us by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
We may terminate or restrict access to the Services at any time without giving any explanation or justification for the termination of access, and we are not liable for any costs, losses or damages of any kind arising as a consequence of terminating access to the Services. We will not be liable if, for any reason, our Services are unavailable for any time or period.
We may cease operating the Services at any time, without notice to you.
We are not liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, outbreak of war, pandemics, Acts of God, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
These Terms are governed by and interpreted in accordance with the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of Western Australia.
In these Terms, headings are for convenience only and do not affect interpretation. If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and us.
The failure by us to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
These Terms were last updated 22 March 2022.