Terms of service

 

1. About Us

This website, thefightclub.com.au, is operated by The Fight Club (ABN 21 847 600 633) (“we”, “us”, “our”). We are based in New South Wales, Australia.

Our website is hosted on the Shopify e-commerce platform. By using our website, you also agree to be bound by Shopify’s Terms of Service (available at www.shopify.com/legal/terms), to the extent they apply to your use of our website.

 

2. Acceptance of Terms

Welcome to our website. By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms of Service (“Terms”), together with our Privacy Policy. These Terms constitute a legally binding agreement between you and us.

If you do not agree to these Terms, please do not use our website.

We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to this website. Your continued use of the website following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

 

3. Use of Website

The content of this website is provided for your general information and use only. You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party.

You must not:

• Use this website in any way that breaches any applicable local, state, national or international law or regulation
• Use this website for any fraudulent or unlawful purpose
• Attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website
• Use any automated means, including bots, scrapers or spiders, to access or collect data from our website without our prior written consent
• Introduce any viruses, trojans, worms, or other malicious or technologically harmful material to our website

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence under applicable laws.

 

4. Customer Accounts

You may be required to create an account to access certain features of our website or to make a purchase. When creating an account, you agree to:

• Provide accurate, current and complete information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have breached these Terms or if your account is being used fraudulently.

 

5. Products and Pricing

All products displayed on our website are subject to availability. We reserve the right to discontinue any product at any time.

Our website supports multiple currencies. You can select your preferred currency using the currency selector located at the top of the website on desktop, or at the bottom of the navigation menu on tablet and mobile devices. Prices displayed in Australian Dollars (AUD) are inclusive of GST unless otherwise stated. Prices displayed in other currencies are approximate conversions and may vary due to exchange rate fluctuations. The final charge to your payment method will be determined by your payment provider based on the applicable exchange rate at the time of the transaction. We reserve the right to change prices at any time without prior notice. The price applicable to your order is the price displayed in your selected currency at the time you place your order.

While we make every effort to ensure the accuracy of product descriptions, images, pricing and other content on our website, errors may occasionally occur. If we discover an error in the price of a product you have ordered, we will contact you to inform you of the error and give you the option to proceed with the order at the correct price or cancel the order for a full refund.

All orders are fulfilled from Australia. For international orders, any customs duties, import taxes, tariffs or other charges imposed by the destination country are the sole responsibility of the buyer. These charges are not included in our product prices or shipping costs and are determined by the customs authorities of the destination country. We have no control over these charges and cannot predict their amount. We are also not responsible for any orders that are delayed, held, seized or returned by customs authorities in the destination country. We recommend contacting your local customs office for further information before placing an international order.

 

6. Orders and Payment

When you place an order through our website, you are making an offer to purchase the product(s) in your order. All orders are subject to acceptance by us. We may, at our sole discretion, refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

You will receive an order confirmation email after placing your order. Please note that this confirmation does not constitute acceptance of your order. Acceptance occurs when we dispatch the product(s) to you.

Payment must be made at the time of placing your order through one of our accepted payment methods:

• Shopify Payments (credit/debit card)
• PayPal
• Afterpay
• Zip Pay

All payment transactions are processed securely through third-party payment gateways. We do not store your credit card or payment details on our servers. Please refer to our Privacy Policy for further details.

 

7. Shipping and Delivery

We aim to dispatch all orders as promptly as possible. Estimated delivery timeframes will be provided at checkout and/or in your order confirmation email. Delivery times are estimates only and are not guaranteed.

Risk of loss and title for products purchased from our website pass to you upon delivery of the items to the shipping carrier. We are not responsible for delays caused by shipping carriers or events outside our control.

If your order is lost or damaged during transit, please contact us at info@thefightclub.com.au and we will work with the shipping carrier to resolve the issue.

 

8. Returns, Refunds and Exchanges

Australian Consumer Law Guarantees: Our products come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). 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 products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

In addition to your rights under the Australian Consumer Law, we offer the following returns policy:

• Products may be returned or exchanged within 30 days of receipt, provided they are unused, in their original packaging and in resaleable condition
• To initiate a return or exchange, please contact us at info@thefightclub.com.au with your order number and reason for return or exchange
• Shipping costs for returns and exchanges are the responsibility of the customer, unless the return is due to our error or a defective product
• Refunds will be processed to the original payment method within 7–10 business days of receiving the returned item

Items that are personalised, custom-made, or hygiene-sealed (such as mouth guards and groin guards) cannot be returned unless they are faulty or do not match the product description.

 

9. eGift Cards

We offer eGift Cards for purchase through our website. The following terms apply to the purchase and use of eGift Cards:

• eGift Cards are valid for a period of three (3) years from the date of purchase, in accordance with the Treasury Laws Amendment (Gift Cards) Act 2018 (Cth). The expiry date will be clearly displayed on the eGift Card at the time of purchase and in the confirmation email
• eGift Cards are redeemable only at thefightclub.com.au and cannot be used at any other retailer or website
• eGift Cards are not redeemable for cash, nor are they refundable, except as required by applicable law
• eGift Cards can be used in conjunction with other promotions, discount codes or offers available on our website
• If the value of your order exceeds the balance of your eGift Card, you may pay the remaining balance using any of our accepted payment methods
• If the value of your order is less than the balance of your eGift Card, the remaining balance will be retained on the eGift Card for future use
• eGift Cards cannot be used to purchase other eGift Cards
• We are not responsible for lost, stolen or unauthorised use of eGift Cards. eGift Cards are treated like cash and should be safeguarded accordingly

No post-purchase fees or charges will be applied to eGift Cards, in accordance with Australian Consumer Law.

 

10. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, product descriptions, software and the design, layout, look, appearance and arrangement of the website, is owned by or licensed to The Fight Club and is protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth) and other applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our website without our prior written consent, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use

All trademarks reproduced on this website that are not the property of, or licensed to, us are acknowledged on the website. Use of any such trademarks without the express written permission of the relevant owner is strictly prohibited.

 

11. Disclaimer and Limitation of Liability

Important: Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable legislation that cannot be excluded, restricted or modified by agreement.

Subject to the above, and to the fullest extent permitted by law:

• The content and materials on this website are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied
• We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• We do not warrant the accuracy, completeness, reliability or suitability of the information, products, services or materials on this website for any particular purpose
• We expressly exclude liability for any loss or damage (including indirect, consequential or incidental loss or damage, loss of profit, loss of data or loss of opportunity) arising from or in connection with your use of, or inability to use, this website or any information, products or services obtained through this website

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of this website shall not exceed the total amount paid by you to us for the product(s) giving rise to the claim.

 

12. Indemnity

You agree to indemnify, defend and hold harmless The Fight Club, its directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of our website
• Your breach of these Terms
• Your violation of any applicable law or the rights of any third party
  

 

13. Links to Other Websites

Our website may contain links to third-party websites. These links are provided for your convenience to provide further information. We do not endorse, and have no control over, the content or practices of any linked websites. We accept no responsibility or liability for the content, privacy policies or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party website you visit.

 

14. Dispute Resolution

If a dispute arises out of or relates to these Terms or your use of our website, the parties agree to follow these steps before commencing any legal proceedings:

Step 1: Informal Resolution
You agree to first contact us at info@thefightclub.com.au to attempt to resolve the dispute informally. We will endeavour to respond within 14 days.

Step 2: Mediation
If the dispute cannot be resolved informally within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) or another agreed mediation service in New South Wales. The costs of mediation shall be shared equally by both parties.

Step 3: Court Proceedings
If the dispute is not resolved through mediation within 60 days, either party may commence court proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

 

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings relating to these Terms or your use of our website.

 

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes, but is not limited to: natural disasters (including floods, earthquakes, bushfires and storms), pandemics or epidemics, acts of war or terrorism, government actions or restrictions (including sanctions, embargoes and import/export controls), labour disputes or strikes, failure of third-party suppliers or shipping carriers, power outages, internet or telecommunications failures, and any other events beyond our reasonable control.

In the event of a Force Majeure Event, our obligations under these Terms will be suspended for the duration of the event. We will use reasonable endeavours to mitigate the effect of the Force Majeure Event and to resume performance of our obligations as soon as reasonably practicable. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected order by providing written notice to the other party, and we will issue a full refund for any products not yet delivered.

 

17. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

 

18. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or notices published on our website, constitute the entire agreement between you and us regarding your use of the website and supersede all prior agreements, understandings and representations.

 

19. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@thefightclub.com.au
• Website: www.thefightclub.com.au
• ABN: 21 847 600 633

These Terms of Service are effective as of February 2026.