## AUSSIE FITNESS PROS — TERMS & CONDITIONS
Last Updated: January 12, 2026
These Terms & Conditions (“Terms”) govern (1) your access to and use of aussiefitnesspros.com (the “Site”), and (2) any purchase of products or services from Aussie Fitness Pros (“Aussie Fitness Pros,” “we,” “us,” or “our”) through the Site or through any checkout we provide (including via third-party shopping experiences that route to our Shopify checkout). By accessing the Site or purchasing from us, you agree to these Terms.
If you do not agree, do not use the Site or purchase from us.
### 1) IMPORTANT NOTICE
This Site offers fitness equipment and related content. Fitness activity involves risk of injury. Use equipment responsibly, follow all manuals and safety instructions, and consult a qualified medical professional before beginning any exercise program—especially if you have any medical condition or concerns.
### 2) CHANGES TO TERMS
We may update these Terms from time to time. Changes are effective when posted on the Site with an updated “Last Updated” date. Your continued use of the Site or purchases after changes become effective constitutes acceptance of the updated Terms.
### 3) PRIVACY
Our collection and use of personal information is described in our Privacy Policy (available on the Site). The Privacy Policy is incorporated by reference into these Terms.
### 4) ELIGIBILITY; ACCOUNTS
You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase from us. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
### 5) PRODUCT INFORMATION; CONTENT DISCLAIMER
We strive to display product descriptions, images, specifications, pricing, and availability accurately, but errors may occur. We do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free.
Any training guidance, workouts, or informational content is provided for general informational purposes only and is not medical advice.
### 6) PRICING; TAXES; ORDER ACCEPTANCE
a) Pricing & Errors. Prices and promotions may change without notice. If we discover an error in pricing or availability, we may cancel or refuse any order (including after submission). If your payment has been processed, we will issue a refund to the original payment method (subject to these Terms and any third-party provider processing timelines).
b) Taxes. Sales tax (and other applicable taxes) will be added where required by law.
c) Order Acceptance. Your order is an offer to buy. We may accept or reject orders at our discretion, including to prevent suspected fraud, policy abuse, or unauthorized resale.
### 7) PAYMENT; FINANCING
We accept various payment methods made available at checkout. If you use a third-party financing option (including Shop Pay Installments/Affirm), your financing is governed by the provider’s separate terms, and we are not the lender. Refunds for financed purchases may be processed through the provider according to their policies.
### 8) SHIPPING & DELIVERY (INCLUDING FREIGHT)
Our Shipping & Returns policy (available on the Site) is incorporated by reference. Key points include:
a) Estimates; Delays. Processing and transit times are estimates and not guarantees. Carrier delays, appointment scheduling, weather, supply chain disruptions, and other events beyond our control may affect delivery timelines.
b) Freight/Curbside Delivery. Certain products (including the Aussie Pro Runner) ship via LTL freight and are typically delivered curbside/driveway only. Carriers generally will not bring freight inside for liability reasons. You are responsible for moving the product into your home or facility, and you should arrange adequate help/equipment to do so safely.
c) Inspection at Delivery; Damage Claims. Your shipment leaves our facility in good condition. Upon delivery, you must inspect the shipment before signing and note any visible damage or shortages on the delivery receipt/bill of lading. Keep all packaging and take photos. Failure to inspect and note issues at delivery may limit or eliminate the ability to file a claim with the carrier and may limit our ability to assist.
d) Incorrect Shipping Information. If additional fees are incurred or a shipment is returned due to incorrect address/phone/access details you provide, you are responsible for resulting costs.
e) Refusal of Delivery. If you refuse delivery (other than for documented carrier damage noted at delivery), you are responsible for shipping/handling costs incurred both directions.
f) Risk of Loss; Title. Unless otherwise required by applicable law, risk of loss transfers to you upon our delivery of the product to the carrier. Title transfers upon shipment.
### 9) RETURNS, CANCELLATIONS & REFUNDS
Our Shipping & Returns policy (available on the Site) governs returns. In summary:
a) Return Window. Eligible items may be returned within 30 days of purchase (or as otherwise stated on the Site).
b) Return Conditions (Freight/Equipment). Returned equipment must be in new condition, in original packaging, and secured on a pallet. If a returned product is not in original packaging/new condition/on a pallet, we may apply a restocking fee or refuse the return.
c) Fees & Deductions. Shipping, freight, processing, and handling costs incurred in both directions are not refundable. A restocking fee may apply (including, for certain returns, a 20% restocking charge). Purchases canceled prior to shipping may incur a processing charge (including, for certain orders, a 3% processing fee).
d) Refund Method. Approved refunds are issued to the original payment method (or, for financed purchases, through the financing provider’s process). Timing depends on banks/processors.
e) Exclusions. Certain items may be non-returnable (e.g., clearance items, consumables, gift cards, or items otherwise marked “final sale”), as stated on the Site.
### 10) LIMITED WARRANTY
Product warranties are described in our Warranty Policy and/or product documentation provided at purchase and are incorporated by reference. To the extent permitted by law, warranties are limited to those expressly stated. Any implied warranties that cannot be disclaimed are limited in duration to the shortest period allowed by law.
### 11) SAFETY; ASSUMPTION OF RISK
You acknowledge and agree:
- Improper assembly, use, maintenance, or modification of fitness equipment can cause serious injury or property damage.
- You will follow all instructions, warnings, and maintenance guidance and will stop use if you experience pain, dizziness, or other symptoms.
- To the maximum extent permitted by law, you assume all risks associated with handling, moving, assembling, and using products purchased from us, including risks during delivery move-in.
Nothing in these Terms limits liability that cannot be limited under applicable law.
### 12) INTELLECTUAL PROPERTY
The Site and its content (text, images, videos, logos, product names, designs, software, and other materials) are owned by or licensed to Aussie Fitness Pros and are protected by intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works, or exploit any content without our prior written permission, except for personal, non-commercial use as permitted by law.
### 13) USER CONTENT (REVIEWS, COMMENTS, MEDIA SUBMISSIONS)
If you submit reviews, photos, videos, or other content (“User Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, display, and distribute that User Content in any media for lawful business purposes (e.g., marketing, product pages), subject to applicable law. You represent you have the rights to grant this license and that your User Content does not violate any law or third-party rights.
### 14) PROHIBITED USES
You agree not to:
- Use the Site for unlawful purposes;
- Attempt to interfere with Site security or functionality;
- Scrape, crawl, or use automated tools to extract data without our written permission (except as allowed by law);
- Submit false or misleading information;
- Infringe intellectual property rights.
### 15) THIRD-PARTY SERVICES; AI SHOPPING EXPERIENCES
We may integrate or make our products available through third-party platforms and services (e.g., payment processors, financing providers, shipping carriers, and emerging “AI shopping” or “agentic” storefront experiences). Third parties may have their own terms and privacy practices, and we are not responsible for third-party systems. Product descriptions or answers displayed by third parties may be incomplete or inaccurate; in the event of conflict, our Site, checkout, and order confirmation control.
### 16) DISCLAIMER OF WARRANTIES (SITE)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
### 17) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUSSIE FITNESS PROS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE/USE OF PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR ANY ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
### 18) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aussie Fitness Pros and its affiliates, officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site, violation of these Terms, violation of law, or infringement of any third-party rights.
### 19) DISPUTE RESOLUTION; GOVERNING LAW; VENUE
a) Governing Law. These Terms and any dispute arising from them or your purchase are governed by the laws of the State of California, without regard to conflict-of-laws principles.
b) Venue. Unless prohibited by law, any action or proceeding not subject to arbitration (if arbitration is elected below) will be brought in the state or federal courts located in California, and you consent to personal jurisdiction there.
c) Optional Arbitration (Recommended to review with counsel). If you elect to use arbitration, any dispute or claim arising out of or relating to these Terms, the Site, or any purchase will be resolved by binding arbitration on an individual basis, and not in a class action, except that either party may bring an individual claim in small claims court if eligible. The arbitration will be administered by a recognized arbitration provider (e.g., AAA or JAMS) under its consumer rules. The arbitrator may award the same remedies a court could award. You and we waive any right to a jury trial and any right to participate in a class action.
(If you do NOT want arbitration, delete subsection (c) entirely.)
### 20) FORCE MAJEURE
We are not liable for delays or failures in performance resulting from events beyond our reasonable control (including carrier delays, labor actions, supply chain disruptions, weather, natural disasters, government actions, pandemics, or internet outages).
### 21) SEVERABILITY; ENTIRE AGREEMENT; ASSIGNMENT; NO WAIVER
If any provision is held unenforceable, the remaining provisions remain in effect. These Terms, together with policies incorporated by reference (including Privacy Policy, Shipping & Returns, and Warranty Policy), constitute the entire agreement between you and us regarding the Site and purchases. You may not assign these Terms without our written consent; we may assign them as part of a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.
### 22) CONTACT
Aussie Fitness Pros
3055 Enterprise Ct.
Vista, CA 92081
Email: sales@aussiefitnesspros.com
Support: support@aussiefitnesspros.com
Phone: (949) 423-3826
