TERMS OF USE

1. ACCEPTANCE OF TERMS

By accessing and using the K-FIT EVOLUTION website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our website or services.

2. CHANGES TO TERMS

We reserve the right to modify these Terms of Use at any time. We will notify users of any changes by updating the "Last updated" date of these Terms of Use. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes.

3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

You are responsible for:

• Making all arrangements necessary for you to have access to the website.
• Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

4. INTELLECTUAL PROPERTY RIGHTS

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by K-FIT EVOLUTION, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5. PROHIBITED USES

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate K-FIT EVOLUTION, a K-FIT EVOLUTION employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm K-FIT EVOLUTION or users of the website, or expose them to liability.

6. USER CONTRIBUTIONS

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through the website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.

7. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
• Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.

8. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

9. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL K-FIT EVOLUTION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. GOVERNING LAW AND JURISDICTION

All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of Australia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the courts of Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

11. WAIVER AND SEVERABILITY

No waiver by K-FIT EVOLUTION of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of K-FIT EVOLUTION to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

12. ENTIRE AGREEMENT

The Terms of Use constitute the sole and entire agreement between you and K-FIT EVOLUTION regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

13. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Email: info@k-fit.com.au

Phone: +61 XXX XXX XXX

Address: 123 Fitness Street, Inverell NSW 2360, Australia