Terms of Service

About the Website

Welcome to www.piyo.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various Products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

The Website is owned and operated by PIYO Pty Ltd (ACN 659 196 951). In these Terms, 'us', 'we', and 'our' means PIYO Pty Ltd and our related bodies corporate. Access to and use of the Website, or any of its associated Products, or Services, is provided by PIYO Pty Ltd.

Please read these Terms and Conditions (the 'Terms') carefully. By entering the Website or clicking ‘I ACCEPT’, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of the Website, or any of Services, immediately.

PIYO Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PIYO Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Such updates will be notified via the email address associated with your account. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

The information provided on this Website and linked sites, including without limitation information relating to medical and health conditions, Products or their effectiveness or uses is:
(a) a guide only;
(b) not intended as a substitute for professional health, well-being or medical advice from your physician or other healthcare professional or any information contained on or in any product label or packaging; and
(c) is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PIYO Pty Ltd in the user interface.

Registration to use the Purchase Services

To access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

  • Name;
  • Email address;
  • Mailing address;
  • Postal address;
  • Telephone number;
  • Preferred username; and
  • Password.

You warrant that any information you give to PIYO Pty Ltd while completing the registration process will always be accurate, correct and up to date.

We may disclose that information to third parties that help us deliver our Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Products and/or Services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@piyo.com.au or PO Box 125, MERMAID BEACH QLD 4218.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the terms. As a Member, you will be granted immediate access to the Purchase Services.

When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

You may not register to be a Member, use the Purchase Services or accept the Terms if:

  • You are not of legal age to form a binding contract with PIYO Pty Ltd; or
  • You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your Obligations as a Member

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

  • The Terms;
  • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  • Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PIYO Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of PIYO Pty Ltd providing the Purchase Services;
  • You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by PIYO Pty Ltd for any illegal or unauthorised use of the Website; and
  • You acknowledge and that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product(s) through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the "Purchase Price').

Payment of the purchase price may be made through Shopify (the 'payment gateway provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment gateway providers.

Following payment of the Purchase Price being confirmed by PIYO Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and PIYO Pty Ltd may record your purchase details for future use.

Until payment is made in clear and received funds, we have no obligation to accept, process, prepare, deliver or otherwise take any action with respect to any order.

If there are any delays or errors or inability to process payment, you will be required to address any such issues (with your financial institution, credit card or payment provider) or use an alternative method of payment.

You warrant that in attempting to make payment, you are not engaging in any unscrupulous, fraudulent or deceptive conduct and have not contravened any law.

PIYO Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within thirty days where the Product packaging is unopened and remains in the same condition as at the time of purchase. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. We do not cover exchange or return shipping for international orders.

Orders

“Order” means a request by you to purchase Products from us in accordance with these Terms.

(a) Each Order you place will be a separate and binding agreement between you and us with respect to the supply of Products, in accordance with these Terms.
(b) Orders may be placed via the submission of an electronic Order via our Website.
(c) An Order submitted in this way is an offer by you to purchase Products for the Purchase Price (plus any delivery fee and GST) at the time of submission of your Order.
(d) An Order number will be supplied to you upon submission of your Order to us. This does not constitute acceptance of same, but is required should you wish to contact us. We reserve the right to accept or reject your Order at our discretion (and without reasons).
(e) Once submitted, cancellations or modifications may only be made at our discretion and are not guaranteed in every case. It is up to you to ensure that your shopping cart or order is fully complete prior to submission of same.
(f) You acknowledge that all Orders and the Products themselves are intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply from time to time.

Warranty

PIYO Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'warranty').

You may make a claim under this clause (the 'warranty claim') for material defects and workmanship in the Products within 30-days from the date of purchase (the 'warranty period').

To make a warranty claim during the warranty period, you must provide proof of purchase to PIYO Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to PIYO Pty Ltd at info@piyo.com.au or PO Box 125, MERMAID BEACH QLD 4218.

Where the warranty claim is accepted then PIYO Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the warranty period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the warranty claim.

The warranty shall be the sole and exclusive warranty granted by PIYO Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the warranty period.

The warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service, or handling, or which has been altered or modified in design or construction.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 (CTH) ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

Delivery

You acknowledge that the purchase services offered by PIYO Pty Ltd integrate delivery (the 'Delivery Services') through use of third-party delivery companies (the ' Delivery Service Providers').

In providing the Purchase Services, PIYO Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that PIYO Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the delivery service providers in respect to providing the Delivery Services.

If an item is lost or damaged in the course of the Delivery Services, PIYO Pty Ltd asks that you:

  • Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  • Contact us by sending an email to info@piyo.com.au outlining in what way the Products were damaged in transit so we can determine if the Delivery Service Provider should be removed from the Purchase Services.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related Products of PIYO Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘content’) are owned or controlled for these purposes and are reserved by PIYO Pty Ltd or its contributors.

PIYO Pty Ltd retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  • The business name, trading name, domain name, Trade Mark, industrial design, patent, registered design, or copyright of PIYO Pty Ltd; or
  • The right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
  • A system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Website content, software, Products or services contained within this Website. You may not use this Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website.

You may not, without the prior written permission of PIYO Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Any reproduction or redistribution of this Website or its content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Website content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website or any part of it is prohibited, except to the extent permitted by law.

Privacy

PIYO Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the purchase services are subject to PIYO Pty Ltd's Privacy Policy, which is available on the Website.

General Disclaimer

You acknowledge that PIYO Pty Ltd does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these terms.

PIYO Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.

Nothing in these terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • All terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
  • PIYO Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchase services or these terms (including as a result of not being able to use the purchase services or the late supply of the purchase services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the purchase services, and any of the Products of PIYO Pty Ltd (including the delivery services), is at your own risk. Everything on the Website, the purchase services, and the Products of PIYO Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PIYO Pty Ltd including any third party where the delivery services are made available to you make any express or implied representation or warranty about its content or any Products or purchase services (including the Products or purchase services of PIYO Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following.
  • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
  • The accuracy, suitability, or currency of any information on the Website, the purchase service, or any of its content related Products (including third party material and advertisements on the Website);
  • Costs incurred as a result of you using the Website, the purchase services or any of the Products;
  • The content or operation in respect to links which are provided for the user's convenience;
  • Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

Our Products are designed to be used as fitness equipment and should be used only for their intended purpose. We cannot be held responsible for any injuries that may occur as a result of improper use or misuse of our Products. Please consult a physician before beginning any exercise program.

PIYO Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these terms or where you have not paid the Purchase Price, then the total liability of PIYO Pty Ltd is the resupply of information or Purchase Services to you.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

You expressly understand and agree that PIYO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

PIYO Pty Ltd is not responsible or liable in any manner for any Website content (including the content and third-party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website of PIYO Pty Ltd, by third parties or by any of the Purchase Services offered by PIYO Pty Ltd.

You acknowledge that PIYO Pty Ltd does not provide the Delivery Services to you, and you agree that PIYO Pty Ltd will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Termination of Contract

The Terms will continue to apply until terminated by either you or by PIYO Pty Ltd as set out below.

If you want to terminate the terms, you may do so by:

  • Notifying PIYO Pty Ltd at any time; and
  • Closing your accounts for all of the Purchase Services which you use, where PIYO Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to PIYO Pty Ltd at info@piyo.com.au or PO Box 125, MERMAID BEACH QLD 4218.

PIYO Pty Ltd may at any time, terminate the terms with you if:

  • You have breached any provision of the terms or intend to breach any provision;
  • PIYO Pty Ltd is required to do so by law;
  • The partner with whom PIYO Pty Ltd offered the purchase services to you has terminated its relationship with PIYO Pty Ltd or ceased to offer the purchase services to you;
  • PIYO Pty Ltd is transitioning to no longer providing the purchase services to users in the country in which you are resident or from which you use the service; or
  • The provision of the purchase services to you by PIYO Pty Ltd is, in the opinion of PIYO Pty Ltd, no longer commercially viable.

Subject to local applicable laws, PIYO Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the purchase services without notice if you breach any provision of the terms or any applicable law or if your conduct impacts PIYO Pty Ltd's name or reputation or violates the rights of those of another party.

When the terms come to an end, all of the legal rights, obligations and liabilities that you and PIYO Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

By purchasing our Products, you agree to indemnify and hold us harmless from any and all claims, damages, and expenses arising out of the use or misuse of our Products.

You agree to indemnify PIYO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any content you post through the Website;
  • Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these terms; and/or
  • Any breach of the terms.

Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the terms claiming a dispute (‘Dispute') has arisen under the terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

Resolution: On receipt of that notice ('Notice’) by that other party, the parties to the terms (Parties') must:

  • Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, seven days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Competition and Consumer Commission (ACCC) or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation; and
  • The mediation will be held in Southeast Queensland, Australia.

Confidential: All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.

Termination of mediation: If thirty (30) days have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by PIYO Pty Ltd are intended to be viewed by residents of Australia. In the event of any Dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Southeast Queensland, Australia.

Governing Law

The terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the terms shall remain in force.

Cookies and Technology

PIYO will use its best endeavours to ensure the best technology is used in relation to the operation of the Website and services. PIYO accepts no liability for any damaged technology or electronic equipment as a result of using the Website.