Kitfit Pty Ltd
Effective Date: 25 June, 2019
Kitfit is on a mission to make e-commerce better for all. We hope you love our products and services - We hope you love using the Kitfit service as much as we have loved building it.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
Terms of Service
These Terms govern your access to and use of Kitfit, our mobile apps and websites including www.kit.fit, www.kitfit.com, www.kitf.it and all subdomains and directories of these domains as well as all content and Kitfit products and services available at or though these websites (collectively, “Services”).
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Section 1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Your Agreement is with Kitfit Pty Ltd.
We refer to Kitfit Pty Ltd collectively as “Kitfit” or “we” throughout these Terms.
Section 2. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorised uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Section 3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
Section 4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Kitfit or our other Services.
We do not have any control over those websites and are not responsible for their contents or their use.
The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
We disclaim any responsibility for any harm resulting from non-Kitfit websites.
Section 5. General Representation and Warranty
You represent and warrant that your use of our Services:
Will be in strict accordance with these Terms;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
Will not overburden Kitfit’s systems, as determined by us in our sole discretion;
Will not disclose sensitive personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network; and
Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
Section 6. Accounts
Kitfit enables you to create amazing profiles that help you and others interact with products, and we would love for you to use it. A Kitfit account also allows you to sign into some of our Services.
Kitfit’s basic service is free, and we offer paid plans for advanced features such as concierge and personalised recommendations, and access to premium content. Our service is designed to give you as much control and ownership over what goes on your profile as possible and encourage you to express yourself freely. You own all content you post to your profile. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
If you find a Kitfit profile that you believe violates these Terms, please visit our dispute resolution and reporting page.
Your Kitfit account. If you create a profile on Kitfit, you get to use an Kitfit-owned username, such as app.kit.fit/username. You must not engage in “username squatting,” claim an unreasonable number of usernames (as determined by us), or sell access to any usernames.
License. By submitting Content to Kitfit for inclusion on your profile, you grant Kitfit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your profile. This license also allows Kitfit to make any publicly-posted Content available to third parties selected by Kitfit so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other Kitfit users permission to share your Content on other Kitfit profiles and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your profile.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private profile, from view by the authorized visitors) on Kitfit, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Prohibited Uses. By using Kitfit, you represent and warrant that your Content and conduct do not violate the User Guidelines.
Advertisements. We reserve the right to display advertisements on your profile unless you have purchased a plan that includes the removal of ads.
Section 7. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Kitfit product or service violates your copyright, please notify us in accordance with Kitfit’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kitfit or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Section 8. Intellectual Property
The Agreement does not transfer from Kitfit to you any Kitfit or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Kitfit. The Kitfit logo, and all other trademarks, service marks, graphics, and logos used in connection with Kitfit or our Services, are trademarks or registered trademarks of Kitfit or Kitfit’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Kitfit or third party trademarks.
Section 9. Accuracy of Account and Billing Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 10. Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Kitfit, or by the posting by Kitfit of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Section 11. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Kitfit policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Kitfit account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 12. Disclaimer of Warranties
Our Services are provided “as is.” Kitfit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kitfit, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Section 13. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of NSW, Australia.
Section 14. Limitation of Liability
In no event will Kitfit, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kitfit under the Agreement during the twelve (12) month period prior to the cause of action. Kitfit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Section 15. Indemnification
You agree to indemnify and hold harmless Kitfit, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.
Section 16. Translation
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Section 17. Miscellaneous
The Agreement constitutes the entire agreement between Kitfit and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kitfit may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Section 18. Creative Commons Sharealike License
We’ve decided to make these Terms available under a Creative Commons Sharealike license. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to Kitfit and Automattic (original source) somewhere on your site.
Section 18. Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.