terms & conditions

OVERVIEW

This website is owned and operated by New Era Fitness Pty Ltd (ABN 58 653 514 517) or its licensors. Throughout the site, the terms “we”, “us” and “our” refer to New Era Fitness Pty Ltd (trading as Athletic Lab) or its licensors.

We provide this website athleticlab.co (the “Site”) as an informational and catalogue-style platform showcasing Athletic Lab products and related content. The Site may include product descriptions, imagery, educational content and links redirecting you to third-party retailers (including BIG W) where products can be purchased.

By accessing or using any part of the Site, you engage in our “Service” and agree to be bound by these Terms & Conditions (the “Terms”), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers and/or contributors of content.

If you do not agree to all of the Terms, you must not access or use this Site.

We may update, change or replace any part of these Terms by posting updates on the Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of changes constitutes acceptance of those changes.

Important: Athletic Lab does not sell products directly via this Site. When you click through to BIG W or any other retailer, their own Terms & Conditions and Privacy Policy will apply to your use of their website and to any purchases, returns, warranties or customer service matters handled by them.

SECTION 1 – WEBSITE USE TERMS

By using this Site, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given consent for any minor dependants to use this Site.

You agree that you will not use the Site or any content:

  • for any unlawful or unauthorised purpose;
  • in violation of any laws in your jurisdiction (including but not limited to copyright laws); or
  • in any way that could damage, disable, overburden, or impair the Site.

You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of these Terms may result in the immediate suspension or termination of your access to the Site.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the Site or any part of the Service to any person, at any time, for any reason.

You understand that any content you submit to us (for example, via contact forms or email) may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or access to the Service, without our express written permission.

Headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION / DISCLAIMER

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information. Any reliance on the material on this Site is at your own risk.

The information provided on this Site is not intended as medical advice and is not intended for diagnostic or treatment purposes. Be aware of the risks involved and always consult a qualified medical professional before engaging in any physical exercise or using any fitness or recovery products.

This Site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we are under no obligation to update any information. You agree that it is your responsibility to monitor changes to the Site.

Athletic Lab is not endorsed by, or associated with, any other brands that may be incidentally featured in images, videos or other content, unless expressly stated.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND CONTENT

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

Any references on this Site to product availability, recommended retail prices or promotional information are for general information only and may not reflect the current position at BIG W or any other retailer. We do not control and are not responsible for the prices, stock levels, promotions or terms offered by third-party retailers.

We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any content.

SECTION 5 – PRODUCTS AND PRODUCT INFORMATION

The products shown on this Site are presented as part of the Athletic Lab catalogue and may be available exclusively through selected third-party retailers, including BIG W.

We use reasonable efforts to display the colours, designs and features of our products as accurately as possible. However, we cannot guarantee that your device’s display of any colour or detail will be accurate.

All descriptions of products, specifications, features, imagery and any indicative pricing or availability information are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

For clarity:

  • Purchases, shipping, returns, warranties, pricing and customer service relating to products purchased at BIG W (or any other retailer) are governed by that retailer’s own policies and terms.
  • Once you click through to a third-party retailer’s website, you are no longer governed by these Terms in relation to those transactions.

We do not warrant that any products or information viewed on this Site will meet your expectations or specific requirements.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools or integrations (for example, embedded videos, social media feeds, or analytics tools) over which we neither monitor nor have any control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of third-party tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the Site in the future. Such new features or services shall also be subject to these Terms.

SECTION 7 – THIRD-PARTY LINKS AND REDIRECTION TO BIG W

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to websites that are not affiliated with us, including BIG W. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or products.

When you click a link from athleticlab.co to BIG W (or any other retailer), you acknowledge and agree that:

  • you are leaving our Site;
  • your use of the retailer’s website is governed by that retailer’s own Terms & Conditions and Privacy Policy; and
  • any purchases, refunds, returns, shipping issues, product defects, or other transaction-related matters are solely between you and the retailer.

Please review the relevant third-party’s policies carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or purchases should be directed to the third-party retailer.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (for example, competition entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials (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 to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy, which is available on athleticlab.co. Please review it carefully to understand how we collect, use and protect your information.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, specifications, indicative pricing, promotions, offers or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Site except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Site or any related website.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

We do not warrant that any results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site (or any part thereof) for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all content and services made available through it are (except as expressly stated by us) provided “as is” and “as available”, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no case shall New Era Fitness Pty Ltd (or its licensors), its directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any content made available via the Site.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless New Era Fitness Pty Ltd (or its licensors) and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or any third-party rights.

SECTION 14 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and may deny you access to the Site (or any part thereof).

Any obligations and liabilities incurred prior to the date of termination shall survive the termination of this agreement.

SECTION 16 – ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Any dispute or claim arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

SECTION 18 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about these Terms should be sent to us at:

Email: help@athleticlab.co

Subject line: “Terms & Conditions Enquiry”

Please note: For questions about purchases, returns, delivery, pricing or customer service relating to products bought at BIG W or any other retailer, you must contact that retailer directly and refer to their own Terms & Conditions and Privacy Policy.