11. Returns

11.1 Other than in accordance with clause 10, SweetFit Pty Ltd will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the SweetFit Pty Ltd website 11.2 If you have a return, please refer to our returns policy for more information. [Back to top]

12. Warranties

12.1 SweetFit Pty Ltd will notify Customer of any applicable manufacturers’ warranty in relation to the Products. To the extent permitted by law, SweetFit Pty Ltd ‘s entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such warranties. Subject to clause 12.3 software Products are not warranted under these Terms. Such software Products are warranted in accordance with the relevant licence agreements that govern their use.

12.2 To the extent permitted by law, the manufacturers’ warranties referred to in clause 12.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.

12.3 Certain legislation may imply warranties or conditions or impose obligations upon SweetFit Pty Ltd which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which SweetFit Pty Ltd is able to do so, its liability will be limited, at its option, to: i. in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and ii. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

12.4 All warranties on offer and provided are for return to manufacturer base for repair unless explicitly stated otherwise. SweetFit Pty Ltd is not responsible nor liable for any costs accrued by the Customer in relation to warranty repairs.

13. Intellectual Property

13.1 All Intellectual Property in any Material on the Website is the property of SweetFit Pty Ltd, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Indemnity

14.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against SweetFit Pty Ltd which are connected with, arise out of, relate to or are incidental to the use of the Website.

14.2 You agree to indemnify SweetFit Pty Ltd and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by SweetFit Pty Ltd arising out of or in connection with the Website by any other person as a result of your, or any person using your password’s:

(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the Website.

15. Limitation of Liability

15.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of SweetFit Pty Ltd (in negligence or otherwise) is limited (at the option of SweetFit Pty Ltd) to the resupply of goods or services, or the cost of having the goods or services supplied again. SweetFit Pty Ltd shall not be liable for any indirect or consequential loss.

15.2 Nothing in these terms and conditions is intended to limit or exclude any liability on SweetFit Pty Ltd’s part where and to the extent that applicable law prohibits such exclusion or limitation.

16. Termination

16.1 SweetFit Pty Ltd may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.

17. Privacy

17.1 SweetFit Pty Ltd is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.

We collect and hold the following types of personal information.

1. Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.

2. Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.

The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.

We gather personal information about you for the purposes of:

• marketing, supplying or delivering our products to you;
• carrying out repair work which you have requested;
• improving and developing our products; and
• expanding our business.

We share personal information with wholly owned subsidiaries of the SweetFit Pty Ltd and as described below. All SweetFit Pty Ltd subsidiary companies are subject to this Privacy Statement and follow practices described in this Privacy Statement.

We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.

You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Human Resources Manager at SweetFit Pty. A $25 administration fee will be charged for the retrieval of any personal information.

17.2 Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.

18. General

18.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

18.2 A failure or delay by SweetFit Pty Ltd to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by SweetFit Pty Ltd does not preclude its future exercise or the exercise of any other power or right.

18.3 This agreement is governed by and must be construed according to the law of the State of South Australia, Australia and the parties submit to the jurisdiction of the courts in that State.