Terms of Service

Overview

This website is operated by Empower Athleisure. Throughout the site, the terms “we,” “us,” and “our” refer to Empower Athleisure. We offer this website, including all information, tools, and services available to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices presented here.

By visiting our site and/or making a purchase, you agree to engage in our “Service” and to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced or available through hyperlinks. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants and contributors of content.

Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to the terms outlined here.

Any new features or tools added to the store will also be subject to these Terms of Service. You may review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting changes on our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. which provides us with an online e-commerce platform enabling us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the legal age of majority in your state or province of residence or that you are the legal age of majority and have obtained consent to allow any minor dependents under your care to use this site.

You agree not to use our products for any illegal or unauthorised purpose and you must not engage in any activities that violate the laws of your jurisdiction, including but not limited to copyright laws.

You are prohibited from transmitting any harmful code, such as viruses, worms, or other destructive software.

Any breach or violation of these Terms will result in the immediate termination of your access to our services.

In the rare event that your order is cancelled due to over-selling, we will promptly notify you and issue a full refund for the affected items. If your order includes multiple items, only the affected items will be cancelled and the remaining items will be shipped as usual.

General Conditions

We reserve the right to refuse service to anyone, at any time and for any reason.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) adjustments to comply with the technical requirements of connecting networks or devices. Rest assured; credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, its use, access, or any contact on the website through which the service is provided, without our express written permission.

The section headings in this agreement are for convenience only and do not affect or limit the scope of these Terms.

Changes to Services and Pricing

Product prices are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We will not be held liable to you or any third party for any changes to pricing, modifications, suspensions or discontinuations of the Service.

Products and Services

Some products or services may be available exclusively online through our website. These products or services may have limited availability and are subject to our Refund Policy for returns or exchanges.

While we strive to accurately display the colours and images of our products, we cannot guarantee that the display on your monitor will be an exact representation of the product.

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic location or jurisdiction. This may be done on a case-by-case basis. Additionally, we may limit the quantities of any products or services offered. All product descriptions, prices, and offers are subject to change at any time without notice at our discretion. We also reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained through our site will meet your expectations, or that any errors in the service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, household or order. This includes orders placed under the same customer account, using the same credit card, or with the same billing and/or shipping address. If we make any changes or cancellations to an order, we will make reasonable efforts to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or reject orders that we believe, in our sole discretion, may be placed by dealers, resellers or distributors.

You agree to provide accurate, up-to-date purchase and account information for all transactions made at our store. You also agree to promptly update your account details, including your email address, credit card information, and expiration dates, so that we can complete your orders and contact you when necessary.

For further information, please refer to our Refund Policy.

User Comments, Feedback, and Other Submissions

If at our request, you submit specific materials (such as contest entries), or if you voluntarily send us creative ideas, suggestions, proposals, plans, or other content (collectively, "Comments"), whether online, via email, postal mail, or otherwise, you grant us a perpetual, unrestricted, and irrevocable right to edit, copy, publish, distribute, translate, and otherwise use these Comments in any medium. You acknowledge that we are under no obligation to: (1) keep any Comments confidential; (2) provide compensation for any Comments; or (3) respond to any Comments.

We may, at our discretion, choose to monitor, edit, or remove content that we find unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any intellectual property rights or these Terms of Service.

By submitting Comments, you agree that they will not infringe upon the rights of any third party, including copyrights, trademarks, privacy or other personal rights. You further agree that your Comments will not contain any defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of our services or website. You agree not to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of the Comments.

You are solely responsible for the content and accuracy of any Comments you submit, and we assume no liability for any Comments posted by you or any third party.

Personal Information

The submission of your personal information through our store is subject to our Privacy Policy which can be reviewed under the Privacy Policy tab.

Errors, Inaccuracies and Omissions

Occasionally, the information on our website or within the Services may contain typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change information or cancel orders if any information on the Service or related websites is found to be inaccurate, at any time and without prior notice (including after you have placed an order).

We are under no obligation to update, amend, or clarify any information in the Service or on any related websites, including pricing information, except as required by law. No specific update or refresh date applied to the Service or related website should be taken to indicate that all information has been modified or updated.

Limitation of Liability

We do not accept responsibility for the accuracy of any content or statements found on this Website or in relation to our Services. Any statements made are for general informational purposes only and you should independently verify their accuracy. Additionally, all our Services are provided "as is" without any warranties, except those required by applicable law. We will not be held liable for any damages arising from or related to your use of this Website or our Services.

Information Collection

The use of any information you provide to us or that we collect regarding your use of the Website and/or Services, is governed by our Privacy Policy. By accessing and using this Website and its associated Services, you agree to our Privacy Policy. To learn more about the information we collect, why we collect it, and how we use it, please view our Privacy Policy.

Confidentiality

We handle all personal information you provide to us with confidentiality, in accordance with our Privacy Policy. However, due to circumstances beyond our control, we cannot guarantee that all aspects of your use of this Website will remain entirely confidential as third parties may be able to intercept or access your information.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from or in connection with this website shall be resolved by the courts located in New South Wales.

We reserve the right to pursue legal action against you for any breach of these Terms and Conditions, either in your country of residence or in any other appropriate country or jurisdiction.

Changes to Terms of Service

You can view the most up-to-date version of our Terms of Service at any time on this page. We reserve the right, at our discretion, to update, modify, or replace any part of these Terms by posting changes to our website. It is your responsibility to check for updates regularly. Your continued use of or access to the website or Services after the posting of any changes to these Terms constitutes your acceptance of those changes.

Mobile Service

The Empower Athleisure mobile messaging service (the "Service") is operated by Empower Athleisure ("Empower Athleisure", "we", or "us"). By using the Service, you agree to these terms and conditions ("Mobile Terms"). We may modify or discontinue the Service or any of its features without notice. We also reserve the right to update these Mobile Terms at any time, and your continued use of the Service following any such changes will constitute your acceptance of those changes.

By consenting to Empower Athleisure SMS/text messaging service, you agree to receive recurring SMS/text messages from Empower Athleisure at the mobile number you provided, even if your number is registered on any Do Not Call list. Messages may be sent using an automated dialling system or other technology. Service-related messages may include updates, alerts, and information (such as order updates, account alerts, etc.). Promotional messages may include offers, discounts, and other marketing content (such as cart reminders).

Participation in this program is optional, and you are not required to sign up to make a purchase. Your consent is not a condition of any transaction with Empower Athleisure.

We do not charge for the Service, but standard message and data rates may apply as per your mobile carrier’s plan. You are responsible for any charges or fees imposed by your wireless provider. For more details, please check with your carrier.

You can opt-out of the Service at any time by texting STOP to Empower Athleisure or by following the unsubscribe link (if provided) in any message. After opting out, you will receive a confirmation message, and no further messages will be sent to your device unless initiated by you. If you have subscribed to other Empower Athleisure mobile messaging services, you must opt out of each program separately, as needed.