Marni Nicole and Fit With Her® mentor busy people to reach their ultimate health and fitness potential and feel great. With a holistic approach to food, exercise and the mind, we provide Memberships and Equipment underpinned by unequaled support and accountability, in an inclusive community.

You will be providing personal information as a Member either through an account or as a guest. By using this App, Products, Service and Website, you agree to the Fit With Her® Terms of Use.

You acknowledge that we may edit or delete your registration or account if it does not adhere to the Fit With Her® Terms of Use. As part of these Products and Services we may record and use part of your personal information and registration information to provide a high standard of Service. For more information, please refer to our Privacy Policy.

By using these (“Products”) or (“Services”) provided by (“Us”), Fit With Her®, through PC or Device medium you the (“User”) unconditionally and irrevocably agreed to and are bound by these Fit With Her® Terms of Use (“Terms”). (“Fit With Her®”) is a registered Trademark in Australia and the USA. We may from time to time update our (“Terms”) and your continued use of our (“Products”) or (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and

By using these (“Products”) or (“Services”) provided by (“Us”), Fit With Her®, through PC or Device medium you the (“User”) unconditionally and irrevocably agreed to and are bound by these Fit With Her® Terms of Use (“Terms”). (“Fit With Her®”) is a registered Trademark in Australia and the USA. We may from time to time update our (“Terms”) and your continued use of our (“Products”) or (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using the (“Products”) or (“Services”) and continued use is taken as acceptance of the additional (“Terms”). The (“User”)’s general terms and conditions are hereby expressly excluded.

Some Helpful Definitions We Use

Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including all patents and patents pending); (c) all registered and unregistered trademarks; (d) all registered and unregistered designs; (e) confidential information; and (h) all other rights resulting from intellectual activity in any field

Member: refers to “you”, “your” or “Users” and any person who has access to the Website either as a guest or through an account.

Product: refers to all “Products” or physical goods we provide our “Members” and “Users.” Services: all “Services” and “Online Services” we provide our “Members” and “Users.”

Terms: “Fit With Her® Terms of Use” , “T&C’s” , “Disclaimer” , “Terms of Use” , “Privacy Policy” , “Returns and Warranty Policy” , “Cookies Policy” and all Terms relating to the “Website” and applications

Us: means Fit With Her® ABN 96 636 158 882 and the terms “we” , “us” , “our” , “Principal” which is the party providing the “Product”, “Website” and “Services” to the “Member” and “User.”

Website: “website”, “site”, “apps” and all websites used in relation to the “Products” and “Services.”

Eligibility and Registration

To be eligible for registration and use of the Products, Services and Website you must:

• 🗸only register for the Products and Services and Website for the intended purpose of these Products and Services;

• 🗸have correctly, honestly and accurately completed any Health Screen Questionnaire;

• 🗸have no pre-existing medical, physical or psychological conditions that would be detrimentally impacted by joining the Service;

• 🗸not reproduce, duplicate, copy, sell, resell or exploit any part of this Service without express written permission by us;

• 🗸understand that continued use of the Products and Services implies no medical, physical or psychological conditions have developed that would be detrimentally impacted by using the Products and Services;

• 🗸only register for the Products and Services and Website legally pursuant to your state; or

• 🗸not have been previously banned from using these Products and Services.

Responsibility for Minors

In cases where you have authorized a minor to use these Products and Services you recognize that you are fully responsible for:

• 🗸 the online conduct of such minor;

• 🗸 controlling the minor’s access to and use of the Service; and

• 🗸 the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service and Website may contain material that is not applicable for minors.

Our Responsibilities

It is our responsibility to provide the Website and Products and Services in good working order for the purposes of helping Members achieve their goals. We are not a medical agency. We reserve the right to refuse this Service to anyone for any reason at any time.

We cannot take any responsibility for any loss, damage or consequential losses arising from using this Service. We are not responsible if information on this Service is not accurate, complete or current. The material on this Service is provided for general information only and should not be relied upon as medical or professional advice. We cannot accurately recommend a program or Service that is safest for you. Any reliance on the material on this site is at your own risk. We will aim to provide this Service and Website compatible with most browsers, interfaces and website themes. However, this may not always be possible for every viewer and every version of hardware and software.

Prices and Subscriptions

Prices displayed on our Products and Services and Website may be updated from time to time and we reserve the right to do so. However, at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed, and a receipt email notice is sent. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the subscription pursuant to these Terms. Services can be purchased either monthly or annually via credit card or PayPal. If you are accessing our Services via a third party the prices and availability may differ. Products can be purchased at any time. Your credit card information may be transferred encrypted over various networks. Credit card information is always encrypted during transfer over networks. Please assess these prices and availability along with any relevant terms and conditions when considering the Products and Services. Currencies will be displayed applicable to your region.

We offer a trial period to Customers. Twenty-four (24) hours’ notice is required to cancel the trial period from the Customer to us.

Competitions and Give-Aways

We may, from time to time, run competitions on our social media accounts or through other means in the Service. Your decision to opt in and join each competition is agreeance to any further rules or terms of that particular competition and agreeance to use such information on our social media accounts. For any specific information or clarification on a competition please contact us: hello@FitWithHer.com.

Your Customer Responsibilities

We will aim to provide the Products and Services as accurately and up to date as possible. By using this Service, you the User irrevocably and unconditionally agree to not act in a way that may constitute:

• oIllegal activities;

• oBreach of any applicable laws;

• oReverse Engineering the Products and Services;

• oCopying or reproducing the sequences or videos for redistribution;

• oInfringe our IP or TradeMark rights;

• oLeave incorrect reviews of the Service;

• oAccessing the Services via systems automation such as spambots or similar;

• oAny such spam activities;

• oRegistering multiple accounts per one Customer;

• oRegistering one account for multiple Customers to access;

• oUsing the Service in a way that could cause harm to others;

• oPosting hateful, threatening or violent reviews; and

• oHacking or accessing the Website other than methods listed in these Terms.

Confidential Information

You may be given a unique username and password to access the Website under your login. It is your responsibility only to ensure these details are kept confidential, safe and secure. You may also be providing personal details such as health and historic information. Such information will be dealt with confidentially and in line with our Privacy Policy.

Third Party rights

The Website may contain further health content via hyperlinks, banner ads and content directing Users to other sites other than this Website. This content is only provided as an addition to the Website and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.

Intellectual Property

We retain the ownership of all Intellectual Property rights in and to the Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Website via the real-time messaging function or any other part of the Website software. Nothing in these Terms transfer the Intellectual Property Rights to the Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website for User purposes in line with the Copyright Act 1968 (Cth Aus). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Website.

Mutual No Exclusivity

These Terms do not create an exclusive relationship between the parties. We are free to engage other Customers and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Products and Services of others.

Changes and Variations

We may change, suspend or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Products and Services will be deemed acceptance of the updated Terms

Termination and Breach of Terms

We reserve the right to decline, suspend or terminate your Member registration and use of the Products and Services, or cease the Products and Services in its entirety, at any time for any reason, including for a breach of these Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Products and Services, as determined by us.

Where we terminate your Member registration and use or a part of the Service for a breach of these Terms by you, we will have no liability to you.

Complaints and Disputes

If you have any concerns or complaints regarding the Service or Website, please report it to hello@FitWithHer.com. While we hope that we will be able to resolve any complaints you may have via discussion without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in Victoria, Australia. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.

Liability of Products and Subscription Services

You must not use the Service or Website for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.

🗸you are responsible for your access to and use of the Service or Website and you should not share your username, password and/or answers to security questions with anyone else;

🗸we are not in any way liable to any party for any loss or injury (without limitation including physical, physiological or medical issues) arising from either cyberattacks or the provision of, or your access to or use of, the Service or Website;

🗸we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Service or Website; and

🗸any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to either: o the re-supply of the Products or Services or subscription, or o the payment of the cost of re-supplying the Products or Services or subscription pursuant only to our Terms.

Privacy

We will comply with applicable privacy and health legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose that information. In particular, we will use your personal information for the purposes of supplying the Products and Services and the other purposes set out in the statement. A copy of the Privacy Policy is available at FitWithHer.com.

Release and Indemnity

In consideration of us (which expression shall be taken to include our employees, contractors, sub-contractors, agents, officers and directors, successors or assignees) agreeing to permit you use of the Service or Website:

I release Fit With Her® from all claims which I have, now or later against Fit With Her® whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:

• 🗸 negligence;

• 🗸 breach of contract;

• 🗸 breach of statutory duty; or otherwise

  suffered as a result of or in connection with my using the Service or Website.

  I indemnify, defend and hold harmless and will at all times in the future indemnify, defend and hold harmless Fit With Her® against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Service or Website.

Disclaimer

We will provide the Products and Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Products and Services will be provided without fault or disruption.

To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Products and Services including, but not limited to, loss or damage you might suffer as a result of:

🗸 incorrect listing information from other Members;

🗸 errors, mistakes or inaccuracies in our Products and Services;

🗸any unauthorised access to or use of our secure servers located in the U.S.A.;

🗸any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;

🗸you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;

🗸personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;

🗸any limitations stated in these Fit With Her® terms and conditions;

🗸any interruption or cessation of transmission to or from our Services and Website;

🗸failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.

Except if, and to the extent only, required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service or Product by a third party referred to on the Website or Services. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services. Where any law implies a warranty into these Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is FitWithHer.com, with no characters before or after, and Fit With Her® applications. It is important that you determine prior to purchase, whether a Service is suitable for you.

General

Geographical Restrictions: This website is intended for use by individuals and companies in Australia, U.S.A., Canada and the U.K. but can be assessed worldwide.

Geographical Restrictions: This website is intended for use by individuals and companies in Australia, U.S.A., Canada and the U.K. but can be assessed worldwide

Entire agreement: These Fit With Her® Terms of Use comprise the entire agreement between you and us in relation to your access to and use of the Services.

Applicable law: The provision of the Products and Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Products and Services and these Terms, are governed by the laws of Victoria, Australia, and we and you each submit to the exclusive jurisdiction of those courts.

Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary, you hereby consent to such novation, assignment or transfer.

Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.

Marni Nicole and Fit With Her® mentor busy people to reach their ultimate health and fitness potential and feel great. With a holist approach to food, exercise and the mind, we provide Memberships and Equipment underpinned by unequalled support and accountability, in an inclusive community

About Us and You

SPrivacy Policy You will be providing personal information as a Member either through an account or as a guest. By using this App, Products, Services and Website, you agree to the Fit With Her® Terms of Use.

We just need to cover privacy and what it means for you and us. This Privacy Policy applies to Fit With Her® ABN: 96 636 158 882 (as the context requires “We”, “Our” or “Us”) in relation to Our operations in Australia and worldwide. This policy explains how we handle personal information and comply with the requirements of the Privacy Act 1998 (Cth Aus) (the Privacy Act) as well as applicable EU Jurisdictions where the General Data Protection Reform (GDPR) applies. If you have any further questions in relation to this policy, please contact Us: hello@FitWithHer.com.

Why we need this page

This policy relates to our collection and handling of personal information that is covered by the Privacy Act. It is not intended to cover categories of personal information that are not covered by the Privacy Act. The information is gathered via number of sources including but not limited to:

• 🗸our (“Websites”) (including but not limited to FitWithHer.com);

• 🗸our (“Services”);

• 🗸cookies from our Websites;

• 🗸any App or Application in the future;

• 🗸any software;

• 🗸any social media; and

• 🗸any other way information is collected manually or electronically.

  By using this Website, you are accepting the practices described in this Privacy Policy. These practices may be changed from time to time and any changes will be posted and changes will only apply to activities and information on a going forward basis. You are encouraged to review the Privacy Policy whenever you visit the Website to make sure that you understand how any personal information you provide will be used.

Information we may collect from you

Information we collect from you may be personal or aggregate. Personal information includes your name, address, email and contact number. However aggregate information is summary data of actions and behaviours of entire groups and won’t identify you personally. We may collect and process the following data about you:

🗸contact information and your health information;

🗸 registration information;

🗸if registering via social media photographs of you; not

🗸your gender and marital status;

🗸contact preferences;

🗸sensitive information;

🗸personal interests;

🗸details of your visits to Our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;

🗸downloaded app location data;

🗸device data;

🗸screen resolution;

🗸browser data;

🗸Information about your experience with our Services;

🗸product review data;

🗸payment processing details;

🗸if you contact Us, We may keep a record of that correspondence;

🗸we may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them

🗸any other personal information requested by our Services.

Why we may collect information

We may collect information including personal information and data. We are committed to safeguarding this information. Unless expressively requested we will only collect, store and process information in the following Privacy Policy. The following Privacy Policy has also been developed to adhere to best practice and standards. These included the Privacy Act 1998 (Cth Aus) and the Australian Privacy Principles (APP’s). Further and more detailed Terms may be expressed by us from time to time including matters of privacy. These will be communicated to you and need to be considered in light of this Privacy Policy.

Changing and updating your information

Information collected and stored by us may be updated or changed if required. You can do this in writing by contacting us at hello@FitWithHer.com. Further, if deletion of information is required it needs to be completed in line with our Terms and this Privacy Policy. Legislative requirements may exist that require a longer retention period of this information.

What happens to your privacy if you cancel?

This Privacy Policy survives any cancellation of these Services or sale of this business by us. Your information may be disclosed to potential buyers and may form part of the assets being sold. If this occurs the Privacy Policy remains in place.

Sensitive information and Fit With Her®

Where you provide us sensitive information through these Services and Website we will only use the information for the purposes stated in this Privacy Policy. These may include political believes, religious believes and current personal views. We will only collect sensitive information with your consent. If we do share this information with third parties it will only be shared in line with this Privacy policy.

Your rights and us

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes sold. If this occurs the Privacy Policy remains in place. Sensitive information and Fit With Her® Where you provide us sensitive information through these Services and Website we will only use the information for the purposes stated in this Privacy Policy. These may include political believes, religious believes and current personal views. We will only collect sensitive information with your consent. If we do share this information with third parties it will only be shared in line with this Privacy policy. Your rights and us You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at hello@FitWithHer.com.

Our commitment to data security

Your personal identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails, SMS and newsletters from this Website and Fit With Her® allow you to opt out of further mailings.

Our data retention

To meet legislation guidelines we retain your information for as long as needed to provide you the Services. If you no longer wish to use the Services you can cancel your Service pursuant to our Terms. Following a cancellation, however, we may need to retain some information to meet legislation guidelines that survive the agreement of these Terms.

Active Information Collection

Personal information may be collected through these Services and Websites actively. Active information collection includes but is not limited to:

• 🗸subscribing to emails, alerts or Services;

• 🗸posting comments or product reviews on the Website;

• 🗸previously supplied or provided information;

• 🗸registration information through these Services or a third party login feature;

• 🗸through a purchase or a good or Services;

• 🗸completion of any forms or surveys;

• 🗸through contacting us directly;

• 🗸participating in any deals, offers of specials.

How we collect and hold your personal information

We may collect your personal information through these Services and in accordance with this Privacy Policy or if it is otherwise lawful to do so. We may receive personal information from third parties in which case this information is also collected for the purpose of providing these Services pursuant to this Privacy Policy.

Where we store your personal information

The data that we collect from you will be stored in the United States of America (U.S.A.). It may also be processed by staff operating outside the U.S.A. who work for us or for one of our suppliers, contractors or employees. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services.

The data and personal information collected is used and disclosed for the following primary purposes:

🗸 provide the Services;

🗸for the purposes of why it was collected pursuant to this Privacy Policy;

🗸to respond to enquires;

🗸to register and receive new Users;

🗸to maintain the website;

🗸to fulfil obligations in other Terms such as the Warranty Terms;

🗸to maintain a customer relationship;

🗸to provide updates, deals and newsletters;

🗸to improve our Services and Website.

Protection of your data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of Our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Website. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Third Party Disclosure

As explained in section Information we may collect from you; information can be personal or aggregate. Aggregate information

Like the industry standards we collect and use aggregate information to enhance your experience and deliver a better Service and Website. This information often includes number of daily visits, number of purchases and activity. It forms part of our internal business research, sales and development as well as reporting back to our brand partners. Aggregate information may also be made up of your health information but not your personal information. See personal information below.

Personal information

You’ll be happy to know we do not sell, trade, exchange, swap, license or otherwise disclose your personal information to third parties excepted where expressed in these Terms.

Disclosures required by law and compliance. We may disclose your information if it is a matter of compliance with legal obligations. We may disclose your information to protect other Customers, members and users. We may disclose your information to protect against legal liabilities. We may disclose your information to protect our rights or property.

Disclosures for business transactions and insolvencies. Business transaction or insolvencies may include the purchase or merger with another company. In this case we may disclosure your information as it forms part of the business assets. Any company or third party will also be subject to following this Privacy Policy.

Disclosures to our agents, partners, consultants and related third parties. To ensure the best Service to you we may disclose such information to make sure our entire team can work efficiently and provide timely goods and services. Again, these may include your standard details above or payment details to our third party payment processors. We may also share tracking details of packages to ensure all third parties are working to get your products, goods and services to you on time. It is important to know none of these parties retain or store this information once the activity is complete. Disclosure of Giveaway Winners and through social media.

We may disclose your information if you are a winner of one of the giveaways or competitions. This may be posted on social media such as our Facebook and Instagram pages. You can control this further through your own social media settings. You can opt in if you would like to share this winning information. Once opted in you can also opt out at any time via the same process.

Children information

The purposes of this Privacy Policy and all of our Services are not directed to those under the age of eighteen (18). We will not collect information on those under this age when it is known to us. Those under age may only use the Services with approval or a parent or legal guardian.

Links to other websites

Our Website or Services, from time to time, may direct you to other websites or social media. If this occurs we cannot and do not endorse or approve their practices and content. Other websites are responsible for their own content and information collection and subject to guidance of their own Privacy Policy. We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Websites. This Privacy Policy does not cover other websites. Cookies related to these Services are covered with our Terms. However other websites may use cookies or tracking. It is recommended you review the other websites Privacy Policy in line with cookies, tracking and information storage

Disclosure of your information

We do not routinely disclose personal information to other organisations unless:

🗸 by law;

🗸use or disclosure is permitted by this policy;

🗸We believe it necessary to provide you with a product or service which you have requested;

🗸to protect the rights, property or personal safety of any member of the public or one of our customers or in Our interests;

🗸some or all of Our assets or Our operations are or may be transferred to another party as part of the sale of some or all of Our business; or you give your consent.

We may also share non-personal, de-identified and aggregated information for research or promotional purposes. Except as set out in this policy, we do not sell or trade personal information to third parties or allow such third parties to use that personal information.

Others to view information

We may through these Services provide you the ability to post, comment, real-time message or leave product reviews. This information may be viewed and acted upon by others. It may be shared to other websites or social media. This information may become public information on an open forum. We are not responsible for any replication or distribution of this information.

Access of information

We will provide access to personal information upon request by an individual, except in the limited circumstances in which it is permitted for us to withhold this information (for instance, where granting access would infringe another person's privacy).

When you make a request to access personal information, we will require you to provide some form of identification (such as a driver's license or passport) so we can verify that you are the person to whom the information relates. In some cases, we may also request an administrative fee to cover the cost of access.

Contact Fit With Her®

If at any time you want to know what personal information we hold about you, you may contact us by writing to hello@FitWithHer.com.

30 Day Money Back Guarantee

We hope you love THE BENCH! But if you are not completely satisfied with our Product for whatever reason you may contact us for a full refund, within thirty (30) calendar days, less a stocking fee. Shipping costs are your responsibility and please ensure the Product is returned in resalable condition. Then we can swiftly process your refund within seven (7) calendar days. For any issues please contact hello@FitWithHer.com and we will be happy to assist.

Warranty Terms

As part of the Return Policy we agreed to repair or replace the Member’s Product purchased through our Website, pursuant to these Services and all of its Terms. The standard warranty term on the Product is 12 months

Warranty Dates

All warranties are deemed to have started on the date of receipt. The receipt date is the date of which there is proof of delivery. Pursuant to the Returns Policy if no proof of delivery exists it is deemed to be five (5) calendar days from our dispatch date.

Warranty Return Packaging

All items, subject to a possible return, must still be in the original packaging, undamaged and in resalable condition. All small parts, items and accessories, such as the phone holder, metal poles, screws, hinges, etc., of the original product must be included. All items sent back to us need a valid RMA label. The RMA label includes an RMA number which we will provide you among other things. This is a unique number that serves as a permission code to assist with tracking. The RMA number must be used as a reference on your return shipment. Any missing components may lead to a delay or refusal of the return. The product will be at the Members risks whilst in transit to and from us pursuant to our Returns Policy.

Warranty Replacement and Repair

We aim to remedy any issues as fast as practically possible for all Members. This may either be in the form of a replacement or repair at our discretion. In the case of a full repair we will endeavour to remedy that good or goods and return them as fast as practically possible. In the case of a part repair we will furnish the damaged parts and endeavour to remedy the good as fast as practically possible. In the case of a replacement we will endeavour to replace it like for like.

Warranty Credit

If we cannot fully repair, partly repair or replace the good or goods we will provide a credit to our Website. The credit will be calculated as the purchase price paid minus the shipping and handling fees.

Warranty and Ownership

In any case, once consideration has been given, the returned item will become the property of Fit With Her®.

Warranty Exceptions

In the following cases exceptions may apply to the Product. To the full extent, permitted by law, the warranty may not apply. These exceptions may include but not limited to:

oIf the product is acquired illegally;

oIf a stolen or hacked account is used;

oIf defects are from normal usage and age;

oIf the product has been altered or modified;

o If the user manual steps have not been correctly followed;

oIf the product has been incorrectly supplied to the wrong Member;

o If the damage is caused by fire, water or natural disasters;

oIf the product has been tampered with;

o If the damage is only surface and not damage that causes full un-useability; and

oIf the Product is second-hand or the warranty is not being claimed by the original purchaser

If any of these exceptions are found, we reserve the right to terminate a warranty early and any due balance or remedy. If we terminate early, we will refund the pro-rata amount minus any handling and administration costs.

Return Policy and Privacy

As part of the Return Policy, we may record and use part of your personal information and registration information to provide a high standard of Service. For more information please refer to our Privacy Policy.

Return Procedure

You must comply with all instructions and messages from us with regards to the return. Any breach of these instructions may delay or effect the return procedure outcome. The cost of the return postage is to be borne by you, the Member.

Non-Returnable Items

The following are non-returnable items:

oDiscontinued items;

o Products that require re-packing;

o Any discounted Products; or

o Products showing sign of use.

Acknowledgement

On receipt of the goods back into our stock we will issue a refund or store credit as soon as possible via our internal systems less a stocking fee. It is on receipt that we take ownership and risk of the product.

Updates During

We will endeavour to keep you apprised of updates and tracking during the return process.

Severability

If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.

Changes

Pursuant to our Terms of Service we reserve the right to update our Terms from time to time and continued use is deemed acceptance by you. This includes this Return Policy and all other policies.

Waiver

No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.

Feedback During

For any queries or feedback during the process please contact hello@FitWithHer.com.

This Website uses our own first-party cookies as well as other companies’ third-party cookies per our Privacy Policy to analyse usage of this Service and Website. By using this Service and Website you consent to the storing on your device of all the technologies described in our Cookie Policy, except strictly necessary cookies, which do not require your consent. You may withdraw your consent at any time for the future by clearing cookies in your browser as set out in our Cookie Policy.

What are Cookies?

Cookies are text files with small pieces of information that are used to identify your device or computer as you use a network. Specific cookies known as HTTP cookies are used to identify specific users using our Service or Website and improve your use of our Products, Services and Website.

What are the types of Cookies?

Session Cookie – only exists while a Member is reading a webpage or navigating our Website. As soon as a Member closes their web browser these cookies are typically removed. Persistent Cookie – typically exists on a Members computer for a year or as set in the Members device settings. Http Only Cookie – can only be used via the HTTP and/or HTTPS (secured) to reduce the threat of cookie theft. Secure Cookie – only exists via HTTPS to ensure the cookie information and data is encrypted to assist in the exposure to possible data theft or fraud First Party Cookie – are set with the same domain or Website currently showing at the top of your browser. Third Party Cookie - are set with a different domain or Website for the one currently showing at the top of your browser.

Categories of Cookies?

Social Media Cookies and Plugins – are small text data files used by a system to connect a website to a third-party social media platform such as our Facebook or Instagram accounts. The data files remember your details after you sign into a social media account from a website. Social media cookies are often set through plugins, widgets, and sharing buttons on websites such as ours. Strictly Necessary Cookies – are basically required for any website to function. These cookies are automatic and cannot be turned off. Check your browser settings to see what cookies you can manage on the websites you visit. Functionality Cookies – enhance your Service and the use of our Website by providing a more engaging experience. This can sometimes be in the form of saving details or user preferences. Analytical Cookies – assist to provide a better Service by allowing the website managers to view page clicks, movements and time on page analytics. Targeted Cookies – these smarter cookies aim to provide you more of what you want to see such as promotions or offers you may be interested in based on your past history and use of our Website.

We use the follow Cookies

Why we use the above Cookies

We use cookies to provide the most optimal Website and general Products and Services. You can adjust your cookie and browser settings at anytime and have control of these. Please Google or use the Help Function on your browser. Our Website and systems will typically store cookies for a maximum of twelve (12) months.

Changes to our Cookie Policy

We reserve the right and may change any of our Policies from time to time and your continue use of the Products, Services or Website is deemed acceptance.

Any Queries on our Cookie Policy?

Any queries we are happy to help: hello@FitWithHer.com.