Terms of service
These Terms of Service govern your use of the STAUNCH MODE website and any purchase made through our online store.
Throughout these Terms, “STAUNCH MODE”, “we”, “us” and “our” refer to Staunch Mode. The terms “you” and “your” refer to any person who accesses our website, communicates with us or purchases our products.
By accessing our website, placing an order or using any part of our services, you agree to these Terms of Service and any policies referenced within them. If you do not agree with these Terms, you must not use our website or purchase through it.
Our online store is hosted through Shopify, which provides the ecommerce platform used to present and sell our products.
1. Online Store Use
By using this website, you confirm that you are legally capable of entering into a binding agreement in your jurisdiction. Where a minor uses the website with your permission, you accept responsibility for their use of the website.
You must not use our website, products or services for any unlawful, fraudulent or unauthorised purpose. You must not violate any applicable law, including intellectual property, privacy, consumer protection or electronic communications laws.
You must not transmit viruses, malware, destructive code or any other material intended to damage, disrupt or interfere with the website, our systems or another person’s systems.
We may restrict or terminate access to our website where we reasonably believe these Terms have been breached.
2. General Conditions
We reserve the right to refuse or cancel an order where permitted by law, including where a product is unavailable, information has been entered incorrectly, payment cannot be processed, fraudulent activity is suspected or an obvious pricing or listing error has occurred.
Information submitted through the website may be transmitted across different networks and adapted to meet technical requirements. Payment information is processed using secure payment systems provided by Shopify and relevant payment providers.
You must not reproduce, copy, sell, resell or commercially exploit any part of our website or services without our prior written permission.
3. Website Information
We take reasonable care to ensure the information on our website is clear and accurate. However, website content may occasionally contain errors, omissions or outdated information.
Product information, compatibility guidance, training information and other website content are provided for general information. You are responsible for deciding whether a product is appropriate for your intended use, cable machine and training environment.
We may update, correct or remove website content at any time. Nothing in this section limits any right or guarantee that cannot lawfully be excluded.
4. Products and Availability
Products may be available exclusively through our website and may be offered in limited quantities. Availability is not guaranteed until your order has been accepted and payment has been successfully processed.
We may limit the quantity of a product available to a customer, household, business, location or order where reasonably necessary.
We may modify or discontinue products, packages, specifications or availability without notice. Changes will not affect an order that we have already accepted unless we contact you and agree on an alternative arrangement.
Any product offer is void where prohibited by law.
5. Product Images and Descriptions
We make reasonable efforts to present our products, colours, materials, dimensions, package contents and features accurately.
Colours and appearance may vary slightly depending on lighting, photography, screen settings, manufacturing tolerances and product updates. Minor visual differences that do not materially affect the product’s function are not necessarily defects.
Where an individual product page, package description, written quote or invoice contains specific information, that information forms part of the relevant purchase.
6. Compatibility and Intended Use
STAUNCH MODE products are designed for use with compatible cable machines and suitable attachment connection points.
Before use, you are responsible for confirming that the product, cable machine, carabiner, connection point and surrounding equipment are suitable, correctly secured and in safe operating condition.
Products must be used for their intended purpose and in accordance with any instructions, warnings or product information we provide. Products should be inspected regularly and removed from use if they show damage, excessive wear or another condition that could make continued use unsafe.
Gym owners, facility operators and other commercial customers remain responsible for the safe installation, inspection, supervision and maintenance of equipment within their facilities.
7. Pricing and Payment
Prices are displayed in Australian dollars unless otherwise stated. Applicable taxes, shipping charges and other costs will be displayed at checkout or included in a written quote or invoice where relevant.
Prices may change without notice. A price change will not affect an order we have already accepted unless there has been an obvious error and we contact you before fulfilment.
Orders must be paid using an accepted payment method. You authorise the applicable payment provider to charge the total amount shown at checkout or on an agreed invoice.
Ownership of products remains with STAUNCH MODE until full payment has been received, to the extent permitted by law.
8. Orders and Account Information
You agree to provide current, complete and accurate information when placing an order, requesting a quote or creating an account.
You are responsible for checking product selections, quantities, delivery details and contact information before submitting an order or approving an invoice.
We may contact you using the email address or phone number supplied with your order where clarification, payment confirmation, delivery coordination or another order-related action is required.
Submission of an order does not guarantee acceptance. An order is accepted when we confirm it, begin fulfilment or otherwise notify you that it has been approved.
9. Commercial Quotes and Custom Packages
Commercial gym packages and custom product combinations may be supplied under a separate quote or invoice.
Unless stated otherwise, a quote is based on the information available when it is prepared and may be subject to product availability, shipping costs, requested changes and any validity period shown on the quote.
Changes requested after a quote or invoice has been accepted may affect pricing, availability and fulfilment timing.
Where a written quote, invoice or separately agreed commercial term conflicts with a general website term, the specifically agreed written term will apply to that purchase to the extent of the conflict, subject to applicable law.
10. Shipping and Delivery
Shipping costs, delivery estimates and fulfilment information are governed by our Shipping Policy and any specific written terms included in your order, quote or invoice.
Delivery timeframes are estimates unless we expressly agree otherwise in writing. Delays may occur because of courier operations, destination access, severe weather, supply interruptions or other circumstances outside our reasonable control.
You are responsible for providing accurate delivery information and ensuring that the delivery location can safely receive the order.
11. Returns, Refunds and Consumer Rights
Change-of-mind returns, return conditions and our return process are explained in our Returns and Refunds Policy.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
12. Third-Party Services and Links
Our website may use or link to services operated by third parties, including payment processors, couriers, social media platforms, analytics providers and other websites.
Third-party services are governed by their own terms, policies and practices. We do not control and are not responsible for third-party websites, content or services except to the extent responsibility cannot lawfully be excluded.
You should review the relevant third party’s terms and policies before using its services or completing a transaction through it.
13. Reviews, Feedback and Submissions
Where you submit a review, image, video, testimonial, suggestion or other material to us, you confirm that you have the right to provide it and that it does not violate another person’s rights or any applicable law.
You must not submit material that is false, misleading, unlawful, defamatory, abusive, obscene, malicious or designed to interfere with the operation of our website.
Unless otherwise agreed, you grant STAUNCH MODE a non-exclusive, worldwide, royalty-free licence to store, reproduce, edit and use material you voluntarily submit for operating, improving or promoting the business.
We may remove or decline to publish submitted content at our discretion. We are not required to compensate you for unsolicited ideas or submissions unless agreed in writing.
14. Intellectual Property
Unless otherwise stated, the website and its content—including the STAUNCH MODE name, logos, branding, product imagery, graphics, videos, written copy and website design—are owned by or licensed to STAUNCH MODE.
You may view and use the website for personal or legitimate business purchasing purposes.
You must not copy, reproduce, modify, distribute, publish, sell, commercially exploit or create derivative works from our content without prior written permission, except where permitted by law.
15. Personal Information
Our collection, use and handling of personal information are governed by our Privacy Policy and applicable privacy laws.
16. Errors and Corrections
Our website may occasionally contain typographical errors, inaccurate information or omissions relating to product descriptions, pricing, availability, promotions, shipping charges or delivery estimates.
We may correct or update this information and, where permitted by law, cancel or amend an affected order.
If an accepted order is materially affected, we will make reasonable efforts to contact you and provide an appropriate option, which may include confirming the corrected order or issuing a refund.
17. Prohibited Uses
You must not use the website or its content:
- For an unlawful, fraudulent or unauthorised purpose.
- To infringe our rights or the rights of another person.
- To submit false, deceptive or misleading information.
- To harass, abuse, threaten, defame or unlawfully discriminate against another person.
- To upload or transmit viruses, malware or destructive code.
- To collect or track personal information without lawful authority.
- To spam, phish, scrape, crawl or otherwise misuse the website or its systems.
- To bypass or interfere with security, access controls or website functionality.
- To resell, reproduce or commercially exploit website content without permission.
We may suspend or terminate access where we reasonably believe a prohibited use has occurred.
18. Website Availability
We do not guarantee that the website will always be uninterrupted, secure or error-free. We may temporarily suspend, modify or discontinue parts of the website for maintenance, security, platform changes or operational reasons.
To the maximum extent permitted by law, we are not responsible for loss caused solely by temporary website unavailability or circumstances outside our reasonable control.
19. Disclaimer and Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any liability, right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
Subject to those rights, the website and its general informational content are provided on an “as available” basis. We do not guarantee that general website information will be suitable for every person, training method, facility or piece of equipment.
You are responsible for using appropriate judgement, following applicable safety procedures and ensuring that products are installed, inspected and used correctly.
To the maximum extent permitted by law, STAUNCH MODE will not be liable for indirect, incidental, special or consequential loss arising solely from your use of the website or a breach of these Terms, except where that loss results from a failure to comply with a legal obligation that cannot be excluded.
20. Indemnity
To the maximum extent permitted by law, you agree to indemnify STAUNCH MODE against reasonable loss, damage, liability and expense arising directly from your unlawful use of the website, your material breach of these Terms or your infringement of another person’s rights. This section does not require you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of a non-excludable legal obligation.
21. Termination
These Terms remain effective while you use our website or services.
You may stop using the website at any time. We may suspend or terminate access where you materially breach these Terms, misuse the website or engage in unlawful or harmful conduct.
Rights and obligations that arose before termination—including payment obligations, intellectual property rights and provisions intended to survive termination—will continue where applicable.
22. Severability and Waiver
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.
A failure or delay by either party to enforce a right under these Terms does not waive that right.
23. Entire Agreement
These Terms, together with our published policies and any accepted quote, invoice or written agreement applicable to your purchase, form the agreement between you and STAUNCH MODE concerning your use of the website and purchase of our products.
24. Governing Law
These Terms are governed by the laws of Australia and the applicable laws of the Australian State or Territory with jurisdiction over the relevant transaction. Nothing in this section limits any right you may have to bring a claim in another jurisdiction where applicable consumer law permits it.
25. Changes to These Terms
We may update these Terms by publishing a revised version on this page.
Changes will apply from the date they are published and will not retrospectively alter an accepted purchase unless required by law or agreed with you.
26. Contact
Questions about these Terms of Service can be sent to:
STAUNCH MODE
Email: staunchmode@gmail.com
Website: staunchmode.com