Terms & Conditions
Welcome to Grand Final Technologies – innovators in the sports industry, we design and manufacture fitness devices and systems that help people get better. Please read this document carefully.
This Terms and Conditions of Sale (TCS) form a binding legal agreement between you and GFT Australia Pty Ltd (ACN 614 317 207) (GFT). If you are agreeing to this TCS not as an individual, but on behalf of your company or a trust, then ‘Customer’, ‘you’ or ‘your’ means your company or trust.
1. TCS SCOPE
This TCS governs your purchase of Products (as defined below) through this website. This TCS includes the terms of any purchase orders for the Products submitted directly to GFT or through an authorised reseller or distributor of GFT (‘Purchase Order’) and any other referenced policies and attachments. This TCS applies to Products purchased directly from GFT or through authorised resellers or distributors of GFT. By purchasing our Products, you agree to be bound by and accept this TCS. If you are a reseller, you act solely as a reseller of Products and are not authorised to act as an agent of GFT.
2. GFT PRODUCTS
This TCS governs your use of:
- GFT’s downloadable software products, such as our accredited courses, business services, and exercise programs (including any software or information updates) (the ‘Application Membership Products’);
- GFT's products and physical devices that may be used in conjunction with Application Membership Products, such as our Pelleres™ range, core isolators, and apparel and accessories (the ‘Physical Products’); and
- any support or maintenance services provided by GFT or associated materials. Application Membership Products and Physical Products are collectively referred to in this TCS as ‘Products’. Payment in full in cleared funds must be made at the time of ordering any Products.
3. LICENCE RIGHTS AND TERM
3.1. Licence and Term
This clause 3 applies if you purchase an Application Membership Product or a software product from us. GFT grants to you for the Licence Term a personal, non-transferable, non-sublicensable and non-exclusive right to use the Application Membership Products under the terms of this TCS. The term of your licence to use the Application Membership Products (‘Licence Term’) will be set out in your Purchase Order, as approved by GFT, and/or on your invoice notification that you will receive from GFT upon purchasing the Application Membership Products, or in such other manner as GFT approves from time to time. This TCS is in effect for as long as you have a valid License Term. Your Licence Term will end upon termination or expiry in accordance with this TCS.
3.2. Hosted Application Membership Products
Where Application Membership Products are provided as software services hosted by GFT (Hosted Application Membership Products):
- you acknowledge that these Products are on-line, subscription-based services and that GFT may make changes to the Products and associated services from time to time;
- the on-line, subscription-based services are subject to use specifications and licence limits, and you must only use the Hosted Application Membership Products in accordance with those specifications and limits.
4. CUSTOMER INFORMATION
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us by email at [email protected]
5. PRODUCT SUPPORT AND ACCOUNT REGISTRATION
During the Licence Term, GFT will provide telephone and web based support (via email) for the Application Membership Products during Australian standard business hours. This support will be provided only to licenced Customers and customers on our free trial product.
When you register in order to place orders or access or receive any Products, any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
GFT’s Products are priced in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), unless otherwise specified at GFT’s website. Taxes and freight is charged separately. All pricing is available through our website at www.pelleres.com and is subject to change at any time prior to a Purchase Order being received and accepted by GFT.
7.1. Physical Products
This clause 7.1 applies to the extent you purchase a Physical Product from us. We will use commercially reasonable efforts to ship Physical Products within five business days of receipt of the Purchase Order or confirmed website order and full payment, inventory permitting. We will mark all Physical Products for shipment to the address specified in the Purchase Order or website order. Where appropriate, we may deliver the Physical Products to you, a carrier or forwarding agent chosen by us or specified by you in the Purchase Order or website order (where Physical Products are agreed to be picked up from GFT’s facility). In such circumstances the terms of Shipment will be FCA Incoterms® 2010 at GFT’s facility specified in the Purchase Order or website order, at which time (upon full payment being received) and place title and risk of loss passes to the recipient. You will specify a carrier and provide us with an active account number on the Purchase Order or website order, otherwise we will ship under our account and you will pay all related freight, insurance, and other shipping expenses prior to shipment. As used in this TCS, the term FCA will be construed in accordance with the International Commercial Terms, ‘Incoterms’ (published 2012). If you do not pay within 7 days of an accepted Purchase Order or website order, GFT reserves the right to cancel the relevant order with no liability to you.
7.2. Application Membership Products
This clause 7.2 applies to the extent you purchase an Application Membership Product from us. Where a Purchase Order or website order for purchase of Application Membership Products is created, delivery of the Application Membership Products will occur upon GFT enabling access for you to the Application Membership Products or otherwise sending the Application Membership Products to you. We will use commercially reasonable efforts to enable such access or shipment within 96 hours of receipt of the Purchase Order or website order and full payment.
8. WARRANTY DISCLAIMER AND REPLACEMENT POLICY
8.1 Warranty disclaimer
All Products are provided on an ‘as is’ basis to the extent the law allows. To the extent permitted by law, including the Australian Consumer Law, and subject to clause 8.3 below, GFT makes no express warranties under this TCS. To the extent the law allows, GFT disclaims and makes no express or implied warranties, representations or guarantees that:
- the Products are of merchantable quality or are fit for a particular purpose;
- the use of the Products will achieve any particular result; or
- the products will perform in any particular way.
GFT is not obligated to provide any updates to the Products.
8.2 Results are individual
GFT does not guarantee any particular result from the use of the Products as every individual will perform differently, even under similar conditions and even if the Products are used in accordance with the instructions provided with the Products.
8.3 Australian Consumer Law
The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give Consumers within the meaning contained in the Australian Consumer Law other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in this TCS purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded in relation to supplies to such Consumers. Without limiting the foregoing, where GFT sells goods to you, and you purchase them as a ‘Consumer’, then the Australian Consumer Law provides certain guarantees in relation to the goods. Your rights buying goods as a ‘Consumer’ include those further set out in clause 9.2.
8.3 Replacement policy
GFT will allow Customers, in accordance with its warranty policy and the Australian Consumer Law, to return a Product where there is a defect in the Product. The Customer will have the option to be provided with a replacement Product or for a refund to be provided for the cost of the Product.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1 Consequential loss
To the extent permitted by law, including the Australian Consumer Law, GFT will not be liable for any loss of use, loss of time, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential loss, damage or expense of any kind (including lost profits), whether in contract, tort or otherwise.
9.2 Liability cap
To the maximum extent permitted by law, GFT’s entire liability to you under this TCS will be limited to the:
- re-supply of the Product; or
- refund of any amounts paid by you in respect of the Product.
Nothing contained in this TCS excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation applicable to you. If you are a ‘Consumer’ as defined in clause 8.3 above, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent permitted by the law, the liability, if any, of GFT arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the GFT’s option be limited to:
- to the extent that the Product is a service, supplying the services again or payment of the cost of having the services supplied again; and
- to the extent that the Product is a good, replacing the good, supplying an equivalent good or repairing the good, or payment of the cost of replacing the good, supplying equivalent good or having the good repaired.
Subject to the law including the Australian Consumer Law where this may not be excluded, you are fully responsible for all liabilities and expenses of any type whatsoever that may arise on account of your use of the Products. You will indemnify, hold harmless and (at GFT’s option) defend GFT from and against any claim, loss, cost, liability or damage, including legal fees, for which GFT becomes liable arising from or relating to:
- any breach or alleged breach by you of any term of this TCS; or
- your use of the Products in a way which was not intended and provided for in the relevant instructions.
10. INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
10.1. Intellectual Property
GFT owns all right, title and interest in and to all intellectual property in or relating to the Products and, no rights to such intellectual property are granted to the Customer, except as expressly provided in this TCS. The Physical Products must only be used in accordance with the instructions provided by GFT. Products offered for sale and sold by GFT are subject in every case to the condition that such sale does not convey any licence, expressly or by implication, to manufacture, modify, duplicate, or otherwise copy or reproduce any Product or component thereof.
10.2. Protection of Proprietary Rights
If you become aware that you or any third party is infringing or misappropriating any intellectual property in or relating to any Product (including the trademarks), then you must promptly notify GFT in writing and cooperate with and assist GFT, at GFT’s expense, in the protection of such intellectual property.
You agree you may not loan, rent, sublicense or lease the Application Membership Products.
11.1 Termination for Cause
This clause 11 applies to the extent that you purchase an Application Membership Product and there is a Licence Term. Either party may terminate this TCS immediately if the other party breaches a term of this TCS, and the breaching party fails to cure the breach within 15 days of receipt of written notice thereof. In addition, either party may immediately terminate this TCS upon:
- the insolvency of the other party;
- the institution of any proceeding in relation to the credit standing of the other party, such as bankruptcy, reorganisation, rehabilitation or composition, by or against the other party; or
- the appointment of any receiver or trustee for the other party.
11.2. Effect of Termination
Termination of this TCS will not release either party from any liability which, at the time of such termination, has already accrued to the other party or which is attributable to a period prior to such termination. Upon termination of this TCS, each party will return (or destroy) any Confidential Information (as defined below) of the other party in its possession. The following provisions of this TCS will survive any termination of the TCS: clause 4.3, clause 8, clause 9, clause 10, clause 11 and clause 12.
All notices required or permitted under this TCS will be in writing, including notices sent by email, and will be deemed received:
- for email notices, upon the time the email enters the information processing system that the recipient has designated or uses for the purposes of receiving email (as provided below); or
- for mailed notices, one day after deposit with a commercial express courier specifying next day delivery, or two days for international courier packages specifying two-day delivery, with written verification of receipt by the courier.
All notices to Customer will be sent to the email address or postal address provided at the time of application. All notices to GFT will be sent to 97 Harold Street, Stafford Qld 4053, Australia or email [email protected].
12.2 Governing Law
This TCS is governed by the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts in respect of any proceedings in connection with this TCS.
Any provision of, or the application of any provision of this TCS, which is prohibited, void, illegal or unenforceable in any jurisdiction:
- is, in that jurisdiction, ineffective only to the extent to which it is void, illegal, unenforceable or prohibited;
- does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions of this TCS in that or any other jurisdiction; and
- is severable from this TCS and will not affect the remaining provisions of this TCS.
The application of this clause 12.4 is not limited by any other provision of this TCS in relation to severability, prohibition or enforceability.
GFT may assign, in whole or in part, any of its rights under this TCS upon written notice to the Customer. The Customer cannot assign any of its rights under this TCS, in whole or in part, without the prior written consent of GFT.
12.5 Amendment to terms
From time to time, GFT may modify this TCS. The version of this TCS in place at the time you submit each Purchase Order is the version that will govern such order. We will use reasonable efforts to notify you of these changes through communications through our website or other forms of communication.
12.6 Dispute resolution process
If a dispute arises between the parties in respect of or in connection with this TCS (including the validity, breach or termination of it), then without prejudice to any other right or entitlement they may have pursuant to this TCS or otherwise, the parties will explore whether the dispute can be resolved by agreement between them using informal dispute resolution techniques such as negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique. The rules governing any such technique adopted may be as agreed between the parties or, if the parties are unable to agree on a technique, such technique as is recommended by the Law Society of Queensland, Australia or as selected by the Australian Commercial Disputes Centre. If the dispute is not resolved by agreement within thirty (30) days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to the courts. You irrevocably submit to the jurisdiction of the courts of Queensland and waive any right to claim that they are an inconvenient forum.