Effective Date: November 7, 2026
These Terms of Service (hereafter referred to as “Terms”) are a legally binding agreement between you, the user and customer of our platform, and NC FITNESS GEAR PTY LTD (hereafter referred to as “we”, “us”, or “our”), the registered operator of the e-commerce website located at www.ncfitnessshop.com. By accessing, browsing, creating an account, placing orders, or using any functions, features, and services provided on our website, you acknowledge that you have read, understood, and agreed to be bound by every clause outlined in these Terms. As a team of long-time fitness lovers who built this platform to remove the barriers that keep people from moving daily, we have designed these rules to protect both our customers and our brand, while ensuring every user can enjoy a safe, transparent, and seamless shopping experience for our carefully curated small fitness gear built for tight apartments, packed workweeks and on-the-go schedules. If you do not agree to any part of these Terms, you are not permitted to access or use our website services.
1. Eligibility to Use Our Services
To create an account on www.ncfitnessshop.com and place an order for our fitness products, you must be at least 18 years of age, or have reached the age of majority in your jurisdiction of residence, and hold the full legal capacity to enter into a binding purchase agreement under applicable Australian laws. If you are under the age of 18, you may only browse our website with the supervision and explicit consent of a parent or legal guardian, who will be responsible for all activities conducted under your access.
You confirm that all information you submit to our website, including your name, contact details, billing address, shipping address, and payment information, is accurate, complete, and up to date. You may not use our website to purchase fitness gear for any illegal, unauthorised, or fraudulent purposes, including reselling our products for commercial profit without our prior written approval. We reserve the full right to refuse service, block accounts, or cancel orders at our sole discretion if we determine a user violates these eligibility requirements.
2. Account Creation and Security
When you register for a user account on our website, you are required to set a unique, secure password, and you take full and exclusive responsibility for safeguarding the confidentiality of your account login credentials. You are fully liable for all activities, purchases, and actions that take place under your account, whether those actions are authorised by you or not. If you become aware of any unauthorised access to your account, or any security breach related to your login details, you agree to notify our customer support team immediately via our contact email frore@ncfitnessshop.com, so we can take prompt action to protect your information and prevent unauthorised purchases.
We will not be held liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may not share your account access rights with third parties, and you may not use another user’s account without explicit prior written permission from that account holder and our team. We reserve the right to permanently suspend or terminate any account that shows signs of suspicious activity, repeated invalid login attempts, or violation of these Terms.
3. Product Information, Pricing and Availability
All products listed on www.ncfitnessshop.com, including our yoga blocks, compact resistance bands, adjustable mini dumbbells, small massage rollers and all other workout essentials, are described and presented as accurately as possible in our product pages. We have put full effort into showcasing product photos, usage guides, and performance descriptions to reflect the actual quality of our simple, reliable tools that help you build a steady, sustainable fitness habit one small session at a time. However, due to different screen display settings across devices, we cannot guarantee that the colour, texture, and display of any product on our website will be 100% identical to the physical product you receive.
All product prices displayed on our website are quoted in Australian Dollars (AUD), and are inclusive of applicable Australian Goods and Services Tax (GST), unless explicitly stated otherwise. We reserve the right to adjust product prices, update promotional offers, or discontinue products at any time at our sole discretion, without prior advance notice to users. While we take all reasonable steps to ensure all pricing information on our website is error-free, if a product is listed at an incorrect price that is substantially lower than its intended actual price due to a system technical error, we reserve the right to cancel any related orders placed under that incorrect pricing, even if the order has already been confirmed and payment processed. In such scenarios, we will notify you immediately via email, and process a full refund back to your original payment method within 3 business days, with no extra charges applied to you.
Product availability status listed on our website is updated in real time as far as possible. If a product you ordered goes out of stock unexpectedly after your order is confirmed, we will contact you within 2 business days to offer you the options of waiting for the restock, selecting an alternative equivalent product of the same or higher value at no extra cost, or processing a full 100% refund for the out-of-stock item.
4. Order Placement, Payment and Cancellation Rules
When you complete the checkout process and submit an order on our website, this action constitutes a formal purchase offer to us. We will send you an automated order confirmation email immediately after we receive your order details and your payment is verified, but this confirmation email does not represent our formal acceptance of your order. Our formal acceptance of your order is only completed when we send you the separate shipping notification email confirming that your ordered fitness gear has been dispatched from our warehouse located at 144 Bridge Road, Keysborough VIC 3173, Australia.
All payments for your orders must be completed via the approved, PCI DSS compliant payment methods listed on our checkout page. We do not store your full credit card or debit card details on our own servers, all payment processing is handled through secure, authorised third-party payment providers. You confirm that you hold the legal right to use the selected payment method when you complete your purchase.
You may cancel your submitted order for any reason, completely free of charge, at any point before we dispatch your order from our warehouse. To request an order cancellation, you just need to contact our support team via email or phone at +61 410 603 535, provide your order number, and our team will process the cancellation request immediately. Once your order has been dispatched and marked with a shipping tracking number, your order can no longer be cancelled, and you will need to follow the process outlined in our official Refund and Returns Policy if you wish to return the product after you receive it.
5. User Conduct and Acceptable Use
When you access and use our website services, you agree that you will not:
- Violate any applicable local, state, national, or international laws, regulations, or court orders that apply to your location or your usage of our platform.
- Copy, modify, distribute, resell, or exploit any part of our website content, including product descriptions, original photos, workout guides, brand logos, and website interface design elements, for any commercial purpose without our explicit written approval.
- Upload or transmit any malicious code, viruses, malware, or harmful programs that are designed to disrupt, damage, or interfere with the normal function of our website, our server infrastructure, or the digital security systems of our other users.
- Attempt to gain unauthorised access to our website servers, other users’ accounts, or any confidential data stored in our system through hacking, password mining, or any other unauthorised methods.
- Post or transmit any harassing, offensive, discriminatory, defamatory, or illegal content in our product review sections, customer feedback forms, or any other interactive areas of our website.
- Use automated systems, bots, scrapers, or crawlers to access our website in a manner that sends more request traffic to our servers than a human can reasonably generate in the same period of time, without our prior written permission.
- Impersonate any person, entity, or NC FITNESS GEAR staff member, or falsify your identity or contact information to mislead other users or our team.
We reserve the full right to immediately terminate your access to our website, remove any content you posted that violates these rules, and report related activities to law enforcement authorities if necessary, if we determine you have violated any of the acceptable use clauses outlined in this section.
6. Intellectual Property Rights
All content available on www.ncfitnessshop.com, including but not limited to all original text content, product photos, workout tutorial videos, brand logos, graphic designs, website interface layout, customer testimonial content, and all software codes that operate the website, is the exclusive intellectual property of NC FITNESS GEAR PTY LTD. All these works are protected by Australian copyright law, trademark law, and international intellectual property treaties.
You are granted a limited, non-exclusive, non-transferable personal license to access, browse, and use our website for the sole purpose of shopping for our fitness products and using our related services. This license does not grant you any right to copy, reproduce, distribute, modify, or commercially exploit any of our intellectual property assets without our prior explicit written consent. You may not remove or alter any copyright, trademark, or other proprietary notice markers contained in our website content. Nothing outlined in these Terms shall be interpreted as granting you any license or right to use any of our trademarks, service marks, brand names, or product names for any commercial or non-personal use.
7. Third-Party Links and Services
Our website may contain hyperlinks to third-party websites or external platforms that are not owned, controlled, or operated by NC FITNESS GEAR PTY LTD. These links are provided for your reference and convenience only, to help you find related workout resources or supplementary information that aligns with our brand values. We do not have any control over the content, privacy policies, or service terms of these third-party platforms, and we assume no liability or responsibility for the conduct, operations, or content of any linked external websites. You access any third-party link from our website entirely at your own risk, and we strongly recommend you review the terms of service and privacy policy of any external platform you visit, before you provide any personal information or conduct any transactions on those sites.
8. Disclaimers of Warranties
Our website and all services, products, and content provided on our platform are offered to you on an “as is” and “as available” basis, without any express or implied warranties of any kind. We do not guarantee that our website will operate uninterrupted, error-free, or 100% free from viruses or other harmful components at all times. We will take all reasonable steps to keep our platform secure and operational, but we cannot warrant that access to the website will always be available without temporary interruptions for system maintenance, server updates, or unplanned technical issues.
All implied warranties, including implied warranties of merchantability, fitness for a specific purpose, and non-infringement of intellectual property rights, are disclaimed to the fullest extent permitted by applicable Australian law. We do not make any guarantee that the fitness gear you purchase from our store will meet all of your personal specific fitness goals, though all our products are designed and tested by our team of long-time fitness lovers to deliver reliable, consistent performance for daily workout use.
9. Limitation of Liability
Under no circumstances will NC FITNESS GEAR PTY LTD, our directors, employees, partners, or contractors be held liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website, the products you purchased from our platform, or any breach of these Terms, including but not limited to lost profits, lost data, personal injury incidents related to improper use of our products, or economic losses, even if we have been advised of the possibility of such damages in advance.
In no event shall our total aggregate liability to you for any and all claims arising from your use of our services or products exceed the total amount you actually paid to us for the specific order or transaction that gives rise to the related claim. Some Australian states and territories do not allow the exclusion or limitation of liability for incidental or consequential damages, so some parts of this limitation clause may not apply to you depending on your local jurisdiction’s regulations.
10. Modifications to Terms of Service
We reserve the right to update, revise, or modify these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the “Effective Date” at the top of this document, and post a prominent notification on the homepage of www.ncfitnessshop.com to inform all users about the upcoming revisions. We may also send you an email notification outlining the key changes to the revised Terms if you have an active user account with us. Your continued access to our website and placing of new orders after the effective date of the revised Terms will be treated as your full acceptance and agreement to all the modified clauses. If you do not agree to the updated revised Terms, you may not continue to use our website services.
11. Governing Law and Dispute Resolution
These Terms of Service shall be governed, interpreted, and enforced in full accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law rules. Any dispute, claim, or controversy arising out of or related to these Terms, your use of our website, or your purchased products from our store, shall first attempt to be resolved through good faith informal negotiation between you and our team. If the dispute cannot be resolved through friendly negotiation within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts located in Keysborough, Victoria, Australia.
12. General Provisions
These Terms of Service, together with our published Privacy Policy, Shipping Policy, and Refund and Returns Policy posted on our website, constitute the entire full agreement between you and NC FITNESS GEAR PTY LTD, and supersede all prior oral or written agreements, understandings, or arrangements related to your use of our website services. If any clause in these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining clauses of these Terms will remain in full force and effect, and will not be affected by the invalidated clause in any way.
No failure or delay by us to exercise any right, power, or remedy outlined in these Terms shall operate as a waiver of that right, nor shall any partial exercise of any such right prevent any further or future exercise of that right, or the exercise of any other right, power or remedy available to us under these Terms or applicable law.
13. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please reach out to our team at any time:
- Registered Company Name: NC FITNESS GEAR PTY LTD
- Official Website: www.ncfitnessshop.com
- Contact Email: frore@ncfitnessshop.com
- Registered Physical Address: 144 Bridge Road, Keysborough VIC 3173, Australia
- Contact Phone: +61 410 603 535
Our team, made up of the same group of real fitness lovers who built this brand to make movement accessible for every busy lifestyle, will respond to your enquiry within 2 business days, and work with you to resolve any questions related to these Terms fairly and transparently.