Privacy Policy

Physi.kal (“Physi.kal” / “we” / “us” / “our”) understand and respects the importance of your privacy. We are committed to protecting your personal information. We use the information we collect about you to maximize the services that we provide to you, whilst adhering to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU

When visiting our website, or using our products and services, we may collect the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, reviews, comments and social media handles (together your ‘Personal Data’).

HOW WE USE YOUR INFORMATION

We use the information we collect to deliver our services to you, including communicating with you, providing technical support, notifying you of updates or offers and sharing useful content. This is known as Personally Identifiable Information.

We also use the information we collect anonymously to improve our services. This includes administering our website, advertising our products and services, identifying user demands and assisting in meeting customer needs. This is known as Non-Personally Identifiable Information.

Any information you choose to make publicly available, such as any comments and reviews on our website, will be available for others to see. If you remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

MARKETING AND COMMUNICATIONS

Marketing communications (such as emails) are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing (or alternatively you can email us directly and your request will be actioned).

We prioritize the privacy and security of our customers' information. As an online store powered by Shopify, we adhere to Shopify's robust data protection measures. When you provide your personal and payment information during the checkout process, rest assured that it is encrypted and securely transmitted. Shopify stores customer data on secure servers located around the world, ensuring your information is protected and stored in compliance with applicable data protection laws. For more information, please refer to Shopify's Privacy Policy, which outlines their commitment to maintaining the confidentiality of your data. Your trust and satisfaction are of utmost importance to us, and we strive to create a safe and secure shopping experience.

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control.

In the process of delivering our services, Shopify or Klaviyo may transfer information that we collect about you, including Personal Data, to other jurisdictions. If your Personal Data is transferred and processed outside Australia, we will ensure it is only transferred to countries that have adequate privacy protections. We retain your personal information for as long as needed to provide services to you and as necessary to comply with any applicable law.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings however this may prevent you from experiencing our website properly.

Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google and Facebook advertisements. These ads may appear on our website or other websites you visit.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell Personal Data or any customer information. Your Personal Data is only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our legal rights.

To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law, meaning that they cannot use your Personal Data for any purpose other than that for which it was shared.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites. Please note that these links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites and we are not responsible for the privacy practices of such other websites. We encourage our website users and customers to be aware that when they leave our website, they should read the privacy policies of each and every website that may collect their personally identifiable information. Our privacy policy applies solely to information collected by our website, letsgetphysikal.com.

CHANGE IN PRIVACY POLICY

Please note that our privacy policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

AGE

Please note that our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anybody under the age of 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, please contact us so we can rectify this as soon as possible.

CORRECTION OF YOUR PERSONAL DATA

Please note that you can review, correct, update or delete your Personal Data by contacting us directly and advising us to do so.

CONTACT US

If you have any queries or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at: support@letsgetphysikal.com

Website Disclaimer

Although our website provides you with information with your health and safety in mind, please be aware that the advice on this website is of a general nature only and no assurance can be given that the advice contained on our website will always include the most recent findings or developments with respect to the particular material.

Any health, training and nutritional information is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

You should consult a health care professional before taking on board any advice we provide, or before commencing any training program to determine if it is right for your needs. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

We do not make any warranties about the completeness, reliability and accuracy of any information we provide.  The use of any information provided on this site is solely at your own risk and we will not be liable for any losses or damages in connection with your use of our website and/or training program.

Training Program Disclaimer

We gift you with our training program as a thank you for your support and to assist with your health and training goals. However, please be aware that this training program has not been created by a certified personal trainer and is provided to you for educational and entertainment purposes only. The training program is of a general nature and not catered to each customer individually. Any information provided within this training program is not a substitute for, nor does it replace the advice, diagnosis or treatment received from a professional medical professional. 

You should consult a health care professional before commencing this training program, or any training program, to determine if it is right for your needs. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The use of the training program is solely at your own risk. You indemnify us for any loss, damage or injury sustained which may result from the use of our training program, and we will not be liable for any losses or damages in connection with your use of the training program.

Terms and Conditions

OVERVIEW

These Terms and Conditions (T’s & C’s) govern your use of our website located at: letsgetphysikal.com (Website) and form a binding contractual agreement between you, the user of our Website and Physi.kal ABN is 35 817 838 039 (“Physi.kal”, “us”, “we”, “our”).

Please ensure that you read our T’s & C’s carefully and contact us with any questions before you use our Website or purchase any products from us. Please feel free to contact us via the ‘contact us’ section of our website if you require any further information. [Assuming you will have a ‘contact us’ section on your website]

By using our Website, you acknowledge and agree that you have had sufficient chance to read and understand our T’s & C’s, you agree to be bound by them, as well as any other additional T’s and C’s and conditions or policies which may be linked to our website from time to time. If you do not agree to our T’s & C’s, please do not use our Website.

Please note that our T’s & C’s may be modified from time to time, so you should ensure that they are reviewed regularly. Your continued use of our Website constitutes your agreement to any modifications to our T’s & C’s.

WARRANTIES

You represent and warrant to us that you have the legal capacity to enter into these T’s & C’s.

By agreeing to our T’s and C’s, you acknowledge that you may not use our products for any illegal or unauthorised purpose nor may you, in the use of our Website or our products, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature.

Our Website is provided to you on an “as is” basis without any express or implied warranty of any kind. Particularly, we do not warrant or guarantee:

• that access to or use of the Website will be uninterrupted or error-free or that our Website or any material on or accessible through our Website is free from errors, omissions, viruses or any other harmful elements; and

• anything about the reliability, ownership, accuracy, completeness, timeliness, quality, performance, completeness physical state or suitability for a particular purpose of any information or materials found on, offered or accessible through our Website.

INTELLECTUAL PROPERTY RIGHTS

Please note that these T’s and C’s cannot be construed as constituting a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own (or have the right to use licensed to us) all intellectual property rights within the Website.

Except as permitted by the copyright law applicable to you, no content shall be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless we expressly grant written permission.

LIABILITY AND INDEMNITY

To the full extent permitted by law, we:

• exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages;
• make no warranties or guarantees in relation to the content of the Website, completeness of search results, safety, suitability, quality, safety or legality of any information or material on the Website
• exclude all representations, warranties or condition (whether express or implied) other than those expressly set out in these T’s and C’s.

By viewing this Website, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by Australian and international law.

These T’s and C’s are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. We comply with the Australian Consumer Law. To the extent possible, we limit our liability in respect of any claim to, at our option:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of having the goods repaired.

You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible through the Website. Your use of any information or materials on the Website is entirely at your own risk. If using them, you acknowledge we are not liable under any circumstances. It is your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements

You agree to indemnify, defend and hold us harmless from any and all claims, liability, damages, costs and expenses of any kind in connection with your use of our Website or your failure to comply with these T’s and C’s, any content you may post on our website or from your violation of any applicable law.

THIRD-PARTY DEALINGS

We acknowledge that certain content, products and services available via our Website may include materials from third-parties. Third-party links on our Website may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review any of the relevant third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products are to be directed to the third-party.

USER REVIEWS AND OTHER SUBMISSIONS

If you send certain specific submissions or other materials, whether online, via our Website, by email or otherwise (together ‘submissions’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are and shall be under no obligation to maintain any submissions, pay compensation for any submissions or respond to any submission.  

We may, but have no obligation to, monitor, edit or remove content in our sole discretion.

You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website or any social media. You shall not mislead us or third parties as to the origin of any submissions and you must be solely responsible for any submissions that you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.

OUR PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display the colours and images of our products as accurately as possible however we cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction and this right may be exercises on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

TERMINATION

Our T’s and C’s terminate automatically if, for any reason, our Website ceases to operate or at our discretion if you breach any term or condition. 

SEVERANCE

If any provision of our T’s and C’s is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from our T’s and C’s, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These T’s and C’s are governed by and construed in accordance with the laws of Queensland, Australia.