Welcome to Sportitude.

The website https://www.sportitude.com.au is owned and operated by Slashsport Pty Ltd (ABN 90 138 958 175) (“Sportitude”, “we”, “our”, “us”).

These Terms and Conditions (“Terms”) apply to you when using the Sportitude website (“Website”). Please read them carefully.

1. User Agreement
   1. By using the Website, you agree to accept and be legally bound and abide by these Terms and our Privacy Policy. We may change these Terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Access And Use Of The Website
   1. You must only use the Website in accordance with these Terms and any applicable law.
   2. You must not (or attempt to):
      1. Interfere with or disrupt the Website or the servers or networks that host the Website;
      2. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website;
      3. interfere with security-related or other features of the Website; or
      4. use, copy or distribute content without our express permission.
   3. To access some features of the Website, you must register an Account with us. To register for an Account, you must provide us with accurate and current personal information including your name, date of birth, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.
   4. To place orders for products (“Order”), or to register for events (“Registration”), you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us.
   5. To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders or Registrations placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
   6. You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
   7. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
3. Communications And Privacy Policy
   1. When you provide us with your email address and/or mobile phone number, you may opt in to electronic communications in respect of news, promotions and reminders, from which you may unsubscribe at any time. and updates on the status of returns and refunds. We may also communicate with you electronically as set out in the Privacy Policy. Your consent to the receipt of certain communications may be implied from the use of certain functional aspects of our service, for example updates on the status of an Order, returns, refunds and customer service enquiries. Please see our Privacy Policy.
4. Information On This Website
   1. The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Sportitude.
   2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
   3. Information about products on the Website is based on material provided by third-party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
   4. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
5. Placing Orders
   1. When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it. You are responsible for any discrepancies or errors in your order caused by you.
   2. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown on the Website the price you must pay including Goods and Services Tax (“GST”) (unless you are purchasing the Order for delivery outside of Australia, where GST is not applicable) with and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.
   3. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
   4. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
   5. If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us immediately. Please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
   6. When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the products (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may at our discretion refuse to accept an Order from you and issue a full refund for any reason, including but not limited to:
      1. unavailability of stock (in which case we will notify you and suggest alternative options);
      2. we suspect that you might on-sell our products to other consumers;
      3. if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
      4. if there has been an error in the imagery, price or product description on the Website;
      5. if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
   7. Subject to 5.8 below, until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
   8. In addition to selling our own goods and services, Sportitude also operates as a marketplace platform that allows independent, third-party partner sellers who abide by our standards to list and sell their products on our Website (“Marketplace Partner”). If products on the Website are being sold by a third party, the Marketplace Partner is responsible for the delivery of those products, and Sportitude will display delivery details specific to those products at the checkout. In the event you wish to cancel your Order from a Marketplace Partner, you acknowledge there may be some instances where we are unable to promptly refund any payment already made to you to your original payment method as the Order may have already been accepted and shipped by the Marketplace Partner. We will of course assist in facilitating the return and refund of the Order once received by you in accordance with the Returns clause of these Terms. For the avoidance of doubt, by buying a Marketplace Partner’s products, you are transacting directly with Sportitude.
6. Dispatch And Delivery
   1. We and our Marketplace Partners aim to dispatch products to meet the stated dispatch times indicated in product listings on the Website. However, from time to time, the dispatch of products may suffer delays beyond our control which may include but are not limited to, the transfer of products from other locations, delays in products arriving from suppliers, and problems with the state or quality of products discovered at the time of packing. We will try to let you know if we or our Marketplace Partners are unable to meet the anticipated dispatch date.
   2. We aim to deliver products to you at the delivery address requested by you in your Order to meet the stated timeframes for delivery, however, we can’t absolutely guarantee firm delivery dates or times because the delivery service provided by our transport providers may suffer occasional delays beyond our control. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
   3. Standard and express delivery options are subject to different charges which can be found here. In addition, certain products (including large and bulky items or special orders) may be subject to additional charges. All shipping options and charges will be made available to you at checkout.
   4. In checkout, you may have the option to select that your order needs a signature on delivery. You are responsible for ensuring you are able to accept delivery. Neither we, nor a Marketplace Partner or the transport provider will be responsible for lost or missing parcels that have been signed for at your selected delivery address, regardless of whether or not you have personally accepted the delivery.
   5. In checkout, you may have the option to give authority for the transport provider to leave your order in a specific location at the delivery address without a signature. It is at the discretion of the transport provider whether they deem the location safe. If they deem it unsafe, your order will be redirected to a collection point. Neither we, nor a Marketplace Partner or the transport provider will be responsible for lost or missing parcels that are left at your chosen location where you have expressly given authority to leave for the transport provider.
   6. In checkout, you may have the option to collect your order from a Sportitude store location. Your order will be sent to the Sportitude store and you will be notified when it is ready for collection. You must collect your order within 14 days of being notified it is ready for collection. If you do not collect your order within this time frame, your order will be considered abandoned and will be returned to our warehouse. You will be refunded for the amount of the order. Proof of your order (for example the order confirmation email) and proof of identity (for example driver’s license) will be required and must match the details in your order before your order will be released for collection.
   7. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
   8. We reserve the right to change, modify or discontinue any delivery options and charges at our absolute discretion.
7. Price, Payment, Gift Cards And Discount Codes
   1. The prices of products, delivery and other charges shown on the Website are in Australian dollars inclusive of Goods and Services Tax (GST).
   2. If purchasing from overseas or using a non-Australian payment method, GST is not applicable and will be removed from displayed prices. The actual price paid will be in Australian dollars and subject to the exchange rate of the payment provider used. Sportitude does not charge international fees, duties and taxes, and as a result these costs may be added on by the local government or authorities in the country where the order is being delivered before you are able to receive your order.
   3. All payments must be received in full prior to dispatch of your order. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold products against your order.
   4. You may apply discount codes to your order.
      1. Only one discount code can be used per order and some discount codes may only be used once.
      2. Discount codes are valid only for the specified period and in accordance with any special terms stated on them - such as minimum spend requirements, validity periods and brand, product or sale exclusions.
      3. Some products may be excluded from discount code promotions.
      4. Discount codes cannot be redeemed for cash or to buy gift cards.
      5. If you place an order for a product less than the value of a discount code, no refund or residual credit will be returned to you.
      6. Discount codes are subject to our fair use requirements, and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel an order or that code.
      7. We will apply discount codes on a pro-rata basis to discount-eligible products in order to determine the final price you pay for those products. If you return a product purchased with a discount code, we will only refund the final price you paid for that product based on the pro-rata discounted amount.
      8. If you cancel or return only certain items from your order and the special terms of the discount code are no longer met (for example the returned item results in the remaining order amount being lower than the minimum spend requirement of the discount code), then the discount code will be considered as no longer applicable to your order and the refund amount will be reduced accordingly.
   5. Conditions for the redemption of gift cards and e-gift cards (“Gift Cards”):
      1. You may purchase Gift Cards for use on the Website by you or other customers. Gift Cards can be redeemed at the checkout of the Website or in a Sportitude store. Once redeemed, Gift Cards cannot be transferred. Gift Cards can only be redeemed on the Website in accordance with the special terms stated on them.
      2. Gift Card purchases may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes but are necessary in order to ensure the security of our Gift Card program.
      3. Gift Cards are valid for 36 months from the purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.
      4. The credit of a Gift Card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift Cards cannot be used to buy further Gift Cards.
      5. If you place an order less than the value of the Gift Card, the residual credit will remain on the Gift Card and can be used for future purchases, but the residual credit cannot be redeemed for cash. The residual credit will remain redeemable for 36 months from the date on which the Gift Card was purchased. If the credit of a Gift Card is insufficient for the order you wish to make, the difference can be paid through other available payment methods. You may use as many Gift Cards as you wish in paying for an order, and Gift Cards may be used in conjunction with one discount code per order.
   6. If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price and the refund amount will be reduced accordingly.
8. Faulty Product Returns
   1. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us as soon as possible so we can guide you through the returns process and help resolve the problem as quickly as possible. In order to assist with the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our or the manufacturer’s assessment of the goods.
   2. If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method, as appropriate and cover all associated shipping costs. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
   3. It does not constitute a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
9. Change Of Mind Returns
   1. A product can be returned if:
      1. You submit a return request within 30 days of the product being delivered (unless the product was purchased during a period where a longer promotional return period applied); and
      2. The product is in saleable condition, where it is unworn and unused, specifically:
         1. Clothing may be tried on for fit and comfort but must not be worn any longer than that;
         2. Shoes should only be tried on for fit and comfort indoors on smooth surfaces to avoid scuffing the soles;
         3. All electronics, including but not limited to heart rate monitors, computers, headphones, wearable tech and watches, must not be switched on or activated as they cannot be resold and therefore cannot be returned or exchanged once activated.
      3. The original tags are attached and all packaging is in original condition, including shoe boxes, plastic dust bags, sealed packaging or boxes and any other packaging; and
      4. The product is not specifically excluded from the change of mind returns policy due to hygiene reasons (for example, earphones, swimwear, hair accessories, grooming products)
   2. To initiate our returns process, complete a return or exchange request on our Contact Us page. We will contact you with further instructions. You will be responsible for the cost and risk of returning the product to us or the respective Marketplace Partner.
   3. After receiving and inspecting your returned product to determine compliance with clause 9.1, we will either refund the price of the returned product to your original payment method, issue a gift card for the value of the returned product or exchange the product subject to availability. Sportitude shipped products can only be exchanged for other Sportitude products, and Marketplace Partner shipped products can only be exchanged for other products from that same Marketplace Partner.
   4. We will not refund any delivery charges that you have paid with your original order or the cost of any packaging you provide to send the product back to us. If the return, in our reasonable opinion, is not in compliance with clause 9.1, we will contact you to ship the product back to you and you will be responsible for the shipping costs both to and from us.
   5. We offer a flexible change-of-mind returns policy to streamline your shopping experience. We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and value, we are entitled to close or block access to your account or deny you from making future orders.
   6. Nothing in this clause is intended to exclude any rights in the Faulty Product Returns clause or any of your statutory rights as a consumer under the Australian Consumer Law.
10. Price Matching
    1. If you see the same product online cheaper (including the full price for the product, applicable taxes, and any other additional charges, including delivery charges for the item to be shipped individually to the same delivery address), let us know by contacting us, and we will do our best to match the price by offering a discount code for the difference in price (for one item only, per customer, per competitor, per day). We reserve the right to determine who is a comparable online retailer and whether or not we are able to match the price when making a determination on the eligibility for a price match discount code. Simply send us a link or image of the item from our Website and also from the other online retailer for us to review. We will make a determination on the eligibility for a price match. A few guidelines include:
       1. The product must be identical (same colour, size, features) and available in stock online
       2. Prices must be shown in Australian dollars (without the need for a currency converter) on a website marketed to consumers located in Australia that is operated by an Australian company with an active ABN or ACN, whose details appear on their website
       3. We source our products from legitimate local Australian distributors or manufacturers of the respective brands and we will not price match against retailers who source their products from unconfirmable overseas suppliers
       4. We will not price match against VIP, loyalty or stackable offers
       5. We will not price match against discounted, flash, group buying or marketplace websites
       6. We will not price match against clear pricing errors made on other websites
    2. We do not offer ‘price matching’ or ‘price protection’ in respect of products appearing on our own Website. For example, if you buy a product that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price. This includes where there may be different prices for different colours of the same item on our Website.
11. Promotions
    1. From time to time we may run promotions on our Website which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill.
    2. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion.
12. Loyalty Program
    1. The Sportitude Edge Rewards Program (“Loyalty Program”) is free to join. By using or enrolling in the Loyalty Program, you accept and agree to be bound by these Terms and Conditions.
    2. A Sportitude account on the Website is required to participate in the Loyalty Program
       1. All information collected and used to facilitate the Loyalty Program is directly related to the program's ability to provide value to you.
       2. Once you have joined the Loyalty Program, your Loyalty Program Wallet (“Wallet”) appears at the bottom of the Website indicating your points balance, available vouchers for redemption and other loyalty offers.
       3. Membership of the Loyalty Program is ongoing until you request to cancel your membership or if you are removed from the program by us. To cancel your Loyalty Program membership, click the Cancel Membership link in your Wallet.
    3. Earning rewards points:
       1. You can earn reward points for every dollar spent on products on the Website, excluding shipping costs and gift card purchases. To earn reward points on purchases, you must be logged in to your Sportitude account prior to making a purchase or you must use the same email address for your order as the email that is registered for your Sportitude account.
       2. The number of reward points earned per dollar spent depends on the tier that you are in and whether the items purchased are full price or discounted.
          Bronze Tier:
          10 points per dollar for full-priced items
          7 points per dollar for discounted items
          Silver Tier:
          12 points per dollar for full-priced items
          9 points per dollar for discounted items
          Gold Tier:
          15 points per dollar for full-priced items
          12 points per dollar for discounted items
       3. Earned rewards points will appear as pending within 1 day of purchase and will be committed to your reward points total within 7 days of purchase. Reward points expire after 24 months (2 years) from being earnt.
       4. You can view your current reward point balance as well as any point activity in your Wallet.
       5. Points have no cash value and are not exchangeable for cash.
       6. Reward points earned per dollar may change at our discretion.
    4. Redeeming rewards points
       1. Reward points can be redeemed for vouchers at the rate of 1000 points for $10 value. Varying denominations of vouchers are available in your Wallet and may change at our discretion.
       2. You can redeem reward points in your Sportitude Edge Rewards Wallet which appears at the bottom of the sportitude.com.au website once you are logged in. After redeeming, your wallet will show a voucher code which needs to be entered during checkout to apply it to your order.
       3. Reward voucher codes cannot be combined with any other discount codes on the same order. Only one code can be used per order.
       4. Reward voucher codes cannot be exchanged, returned or redeemed for cash.
       5. If a product that earned rewards points is returned, the rewards points will be deducted from your balance.
    5. Tiers and status points
       1. There are 3 tiers in the Loyalty Program - Bronze, Silver and Gold. New members start in Bronze and progress to the Silver and Gold tiers by earning status points.
          Silver: 4000 status points
          Gold: 8000 status points
       2. Earn status points at the same rate as reward points as outlined in clause 12.3. Status points continue to accumulate and do not decrease when you redeem reward points.
       3. Status points reset every 12 months from the date of joining the program.
       4. When you reach a new tier, you are guaranteed to stay in the tier for 12 months. You will remain in that tier after this time if you have accumulated enough status points. Otherwise, you may drop to a lower tier depending on how many status points you accumulated over the 12 months prior.
       5. If a product that earned status points is returned, the status points will be deducted from your balance.
    6. Program modification and termination
       1. We reserve the right to cancel, modify or restrict any aspect of the Loyalty Program at any time with or without notice. We reserve the right to change how you earn points, redeem points, reach tiers, change rewards, the number of points needed to earn a reward or any combination of these.
       2. The Loyalty Program has no predetermined termination date and may continue until such time as we, at our sole discretion, elect to terminate the program. In the event that the program is terminated, we will notify members of the termination date.
    7. Program abuse
       1. If we determine that a Loyalty Program member has abused any of the Loyalty Program’s privileges, fails to comply with any of the Loyalty Program terms, or makes any misrepresentation to us, we may, in our sole discretion, take such actions as we deem appropriate, including without limitation, suspending the member’s privileges under the Loyalty Program, revoking any or all of the member’s points in the Loyalty Program, and/or revoking the member’s membership in the Loyalty Program, in each case, with or without advance notice to the member and without liability to Sportitude.
13. Disclaimer And Liability
    1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
       1. errors, mistakes or inaccuracies on the Website or our social media pages;
       2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
       3. personal injury or property damage of any nature resulting from your access to or use of the Website;
       4. any unauthorised access to or use of our secure servers and/or personal information stored on those servers;
       5. any interruption or cessation of transmission to or from the Website;
       6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
       7. the quality of any product or service of any linked sites.
    2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party sellers of goods and services outside of the Website.
    3. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
    4. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
14. Indemnity
    1. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
15. General
    1. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Website.
    2. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
    3. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
    4. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
    5. Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
    6. All provisions of these Terms apply equally to and are for the benefit of Sportitude, its subsidiaries, any holding companies of Sportitude, its (or their) affiliates and its (or their) third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
    7. The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
    8. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
    9. These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of South Australia and both parties hereby submit to the exclusive jurisdiction of the courts of South Australia.

These Terms were last updated on 1 December 2022.