Terms & Conditions

Last updated: 14 January 2021

The following Terms and Conditions are the official terms of use for Fitcover's Sites at www.fitcover.com and www.us.fitcover.com. The content and services stated on the Sites provided to you by Fitcover® Pty Ltd (“Fitcover”, “us”, “our”, “we”) are subject to the following terms and conditions.

Please review our Privacy Policy Statement, Claims, Disclaimer and the other terms and policies you may find throughout our Sites and on this webpage in connection with certain functionality, ordering information or promotions. By accessing or using the Sites you acknowledge and confirm that you have read, understood, and agreed to be bound by these Terms and Conditions, and other guidelines, policies and terms posted on the Sites.

Fitcover reserves the right to update or make any necessary revisions to these Terms and Conditions at any time. When updates and changes are applied on this webpage the “Last Updated” date above will be updated as well. Please review these Terms and Conditions whenever you purchase products from Fitcover. 

Please note Fitcover’s arbitration provision set forth which requires you to arbitrate any claims you may have against Fitcover. This means that you will not have, and you waive the right for a judge or jury to decide your claims.

Intellectual Property

All material on or used in connection with our Sites, including but not limited to Fitcover’s name and logo, Sites designs, product names, images and descriptions, the look and feel of the Sites, button icons, images, audio clips, videos, page headers, trademarks, content, text, graphics, the selection and arrangement thereof, and all used software belongs to or is licensed to Fitcover, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. 

The following actions are strictly prohibited:

• reproduction of materials on the Sites
• modification, transmission, display, distribution, republishing, or performance - without the prior written permission of Fitcover is strictly prohibited
• any data gathering and extraction tools on the Sites, like data mining, robots or the likes 
• frame any portion of the Sites
• use of any materials on the Sites in connection with any product or service that is not offered by Fitcover in any manner that will result or cause confusion among customers, or in any manner that disparages or discredits Fitcover
• bypass or outwit any mechanisms embedded in the Sites for preventing an unauthorised reproduction or distribution of the content or materials contained on the Sites

Business Engagements

Anyone who would like to engage business with Fitcover can fill out the form online or send an email to admin@fitcover.com.

As of February 3, 2019, Fitcover will not engage into any wholesale, dropshipping and stockist - small businesses agreements until further notice. 

For businesses like Beauty Salons or Freelance Makeup Artists, Fitcover offers a Trade Agreement, which is strictly a NO RESALE agreement. Interested clients to partner with a trade account can complete the paperwork that will be provided after they email their EOI to admin@fitcover.com.

Use of the Sites

In using the Sites you agree to comply with all applicable local, state, national, and international laws, rules and regulations. Termination of these Terms and Conditions may take effect and will be subject to corresponding state and federal penalties and other legal consequences if any of the foregoing will be violated. Fitcover has no obligation but reserves the right to conduct an investigation of the use of the Sites to verify if there’s a violation committed in this regard or if Fitcover will need to comply with any applicable law and regulation, legal process or government request. 

Any drastic actions that cause damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites is strictly prohibited. You will not attempt to gain unauthorised access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. Fitcover reserves the right to take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the Sites will require a password to enter, particularly, a Fitcover Account. It is your sole responsibility to monitor all acts or omissions that occur on your account while your password is being used. If you believe your password or account has been compromised you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, usernames of accounts and other information, to comply with applicable laws and lawful government requests.

Errors and Inaccuracy

Fitcover reserves the right to apply any necessary corrections, changes or updates to any information on the Sites observed to have any typographical errors, inaccuracies or omissions related to product descriptions, pricing and availability even after you have submitted an order. 

While we do take extra effort in ensuring the information we provide on the Sites to be accurate, Fitcover reserves the right to make no warranties about the accuracy and reliability of the information, data or content on the Sites. The information, data and content provided on the Sites are for informational purposes only. 

Use of Products and Services

The products, which include samples, materials and information presented by Fitcover on the Sites are intended to be used for personal, educational or informational purposes only. The statements made about the products and the products are not intended to diagnose, treat, cure or prevent any condition or disease. 

If you have known allergies and skin conditions you are responsible to check the ingredients in the products to avoid potential adverse or allergic reactions. All products should be used strictly in accordance with their instructions, precautions and guidelines. Fitcover always suggests performing a patch test before using the products to ensure there will be no adverse reactions in case you have any sensitivities or allergies. 

These Sites are solely online stores for specialty beauty products and are not a substitute for professional medical advice. If you have sensitivities or have medical conditions, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition must be addressed by your physician or health care practitioner. Fitcover does not represent itself as a physician nor is this being implied. Fitcover cannot give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. No prescription medications or medical treatments are intentionally provided on the Sites.

Fitcover products or services you purchase are strictly not for reselling. Violation of these terms and conditions may result in a cancellation or decrease in the quantity of any order to be fulfilled or products or services to be provided to you, with or without notice.

Mobile Services

Our Sites are freely accessed through different mobile devices. Please be aware of the normal rates and charges applied by your carrier in using or accessing our Sites on mobile.

Fitcover Sites

Fitcover has 2 Sites customers can order from depending on their location. 

• https://fitcover.com/ - for customers in AU and all other countries 
• https://us.fitcover.com/ - for customers in the US and Canada

One-Time Payment vs Subscription/Recurring Order

Customers have an option to place an order as a one-time payment only OR sign up for a Subscription Term. 

One-time payment is the normal way of placing an order. You pay for an order once and it will be delivered accordingly. No future charges will be incurred unless you place a new order in our website. Most discount codes or vouchers work in one-time payment orders as long as only 1 discount code is applied. 

Subscription or Recurring Payment System allows for an automated order processing and order delivery on a timing preferred by the customer. The customer can choose to auto deliver every month, 2 months, 3 months or every 4 months. Most discount codes or vouchers from promotions most likely will not work in Subscription or Recurring Payment System except for the first order because there’s an automated discount applied on processed orders which is 20%. 

Prices

When placing an order, final Shipping & Discounts are calculated at checkout either in US or AU currency, depending on which website the order is placed at.

Discount Codes/Vouchers & Promotions

Discount codes cannot be used in conjunction with other discounts or promos. Only 1 discount code can be used per order placed. Otherwise, it will result in an invalid discount code. Discount codes only work in one-time payment orders. It will show invalid or will cause an order error if the order is under a recurring or subscription type.

Discount codes and vouchers are available to select customers and subscribers during selected periods. At the time of issuing a discount code or voucher, specific T&Cs will apply. In the event of unrightfully use of discount codes and vouchers Fitcover reserves the right to cancel orders and monitor customer use without notice, report criminal activities to relevant authorities and take legal action.

Shipping Costs, Times & Import Fees

All shipping costs and delivery times are estimates and are subject to change over time and without notice. Shipping costs are calculated at checkout and are final at the point of checkout.

Fitcover is not liable for orders that are lost in transit, are not delivered within estimated delivery times or are marked as delivered by the nominated mail carrier or courier but have not been received by the customer. Within reasonable circumstances, Fitcover will assist in investigation, recuperation and possible replacement of missing orders.

Due to international trade agreements and import regulations that are outside of the control of Fitcover, in very limited cases additional taxes may be requested before your order is delivered. It is your responsibility to investigate import regulations particular to your region/country prior to placing your order. In the case that additional fees are requested, the customer, you, are solely responsible and Fitcover is not liable.

Indemnification

You agree to defend, indemnify and hold harmless Fitcover (and its officers, directors, agents, subsidiaries, joint ventures, employees, contractors and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of:

Severability

If any provision of these Terms and Conditions will be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

Additional Resources