Terms and Conditions

Welcome to The HIIT Box™ website (the “Site”). “The HIIT Box™” in these Terms and Conditions refers to Colette McShane Pty Ltd (ACN: 168174347) of 27 Hall Street, Yarraville, VICTORIA, 3013 and its related entities and assigns, and its related businesses The HIIT Factory™ and The HIIT Box™. By accessing, browsing or using this Site, registering to become a member or making a purchase of any products (“Products”) or services from the Site or from any of our businesses, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy, govern the relationship between Us and You (the User). If You do not agree to these Terms, You must not use or access this Site or make any purchase of Products or services.

1. Membership and Use of the Site

By registering to become a member, or by accessing or using this Site, you agree to the following terms and conditions: (a) your membership and access to or use of this Site must only be for your own personal, non-commercial use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You (or through Your membership login or account) and You shall be responsible for the consequences of any such communications. (b) You must not use the Site for any of the following purposes: (i) Communicating, transmitting, posting or uploading of any material that infringes on any third party rights, including but not limited to intellectual property rights. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or The HIIT Box™’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your membership login or account details and You accept responsibility for all activities that occur under or on behalf of Your membership or account. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or login. (d) We reserve the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice, revise the Products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) We may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) We may impose additional terms and conditions specific to any Products, orders or aspects of your membership or use of this Site, including but not limited to, with relation to the ordering, delivery and return of Products and to any membership reward programs (“Additional Terms”) offered by Us from time to time. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
All Users MUST be 18 to register for membership and use this Site.  The HIIT Box™ may, at any time revoke your membership for any reason, including but not limited to, for breach of these Terms.

2. Products and information

Except in respect of any content submitted by Members, The HIIT Box™ shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and The HIIT Box™ expressly excludes any liability, which may arise in that event. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party.  The HIIT Box™ does not make any guarantee as to the availability, suitability or fitness for any purpose, of any Product, information or service on this Site. It is your responsibility to determine the suitability of a Product any information or service. The HIIT Box™ reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
By purchasing a HIIT Box™ membership, You acknowledge and agree that the Product(s) included in each HIIT Box™ delivery may vary from month to month in nature, type, value, quantity, brand and description. The HIIT Box™ does not guarantee that you will receive any particular Product.

3. Proprietary rights

This Site contains materials that are owned by or licensed to The HIIT Box™ or its related entities, including not limited to, the design, layout, appearance and graphics and which may be protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, adapt, edit, sell, license, display or publish any of the content or materials contained on this Site. You must not create a link to this Site from another website, document or social media platform without the prior consent in writing from The HIIT Box™.   You grant The HIIT Box™ a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any content or materials or part thereof that You upload onto the Site, without any obligation of compensation or attribution to You. You warrant that You have the right to grant to The HIIT Box™ the right to use such content or materials in the manner specified above.

4. Disclaimer

Your access to or use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. The HIIT Box™ expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose.  The HIIT Box™ does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. The HIIT Box™ does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.

5. Indemnity and Limitation of Liability

You must indemnify, defend and hold harmless The HIIT Box™ and its subsidiaries and related entities, directors, officers and employees from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.

Notwithstanding anything else in these Terms, The HIIT Box™ its subsidiaries, related entities, directors, officers, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your membership or use or inability to use this Site.  The HIIT Box™’s total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 5 applies in respect of all content, information, Products and services available on or through this Site.

6. Postage, Risk and Title

Any Products purchased by You from this Site will be posted by a third party carrier. Risk in such Products will pass to You upon delivery to the third party carrier by Us. Title to the Products will pass to You on payment in full for the Products, or where applicable payment of the monthly Membership fee for the month in which the Products are to be delivered. Please note we are unable to deliver The HIIT Box to P.O.Boxes and must have a normal street address / house or unit number.

Please note our flat rate ONLY applies to Metro areas across Australia.

Any regional, country, interstate area will incur additional freight charges and customers will be advised/notified

7. Delivery and Cut Off times for The HIIT Box™

We try our best to ensure each The HIIT Box™ delivery is made by the last day of each calendar month. In order to receive your monthly delivery on time and to allow sufficient time to process your order, You must have registered as a member and paid the membership fee (or have a valid paid up membership) by no later than the 15th day of that month.
You agree and acknowledge that The HIIT Box™ Product is limited in volume and may sell out in any given month. If we are unable to supply you with The HIIT Box™ during any month, we will either (at our election) refund your membership fee for that month, or deliver to You a replacement delivery in the following month.

8. Cancellation

Annual The HIIT Box ™ memberships may only be cancelled at the termination of the membership period and not during the term of the membership. Monthly memberships may be cancelled at any time. All membership cancellation requests should be directed to admin@thehiitbox.com.au

9. Returns

Where any Products are damaged or defective upon delivery, you may return the complete HIIT Box™ monthly delivery (including all Products delivered that month, un-opened, unused and in original condition) to The HIIT Box™ within 14 days of the date of delivery for a full refund of that monthly membership fee, or a replacement of the Products, upon pre-approval from The HIIT Box™. In the case where replacement Products are not available or are sold out we will offer a full refund. If You intend to seek a refund, replacement or exchange, you must email Us at admin@thehiitbox.com.au to obtain our prior approval. Please do not send Your purchased product back to the manufacturer.  The HIIT Box™ is not obliged to refund or replace any opened, used, damaged (other than where the damage occurs prior to delivery), discounted, clearance or sale Products, gifts or samples.
Please provide the order number and reason for the return. The HIIT Box™ shall bear the reasonable costs of domestic return shipping. Return the items to:
The HIIT Box
27 Hall Street, Yarraville, VICTORIA, 3013