Terms of service

Last updated: October 2024

These Terms of Service ("Terms") govern your use of the Mental Fortitude website (https://www.mentalfortitude.com.au) and any purchases you make through our online store. By accessing or using our website and services, you agree to be bound by these Terms.

1. General Information

Mental Fortitude ("we," "our," "us") is a registered business based in Australia. Our website offers apparel and related products ("Products") designed to promote resilience and strength.

2. Eligibility

To make a purchase on our website, you must:

  • Be at least 18 years old or have permission from a legal guardian.
  • Provide accurate, current, and complete information during the registration and checkout process.

3. Pricing and Payment

  • Pricing: All prices displayed on our website are in Australian dollars (AUD) and include Goods and Services Tax (GST), where applicable.
  • Payment Methods: We accept major credit cards, PayPal, and other payment methods listed on our website.
  • Payment Security: We use secure third-party payment processors to ensure your payment details are handled safely.

4. Orders and Acceptance

  • By placing an order, you agree to purchase the product(s) according to the prices listed on the website.
  • We reserve the right to refuse or cancel any order for reasons including, but not limited to, product availability, errors in pricing or product descriptions, or suspicion of fraudulent activity.
  • You will receive a confirmation email once your order has been processed.

5. Shipping and Delivery

  • We offer shipping to addresses within Australia and internationally. Delivery times and costs will be calculated at checkout.
  • Once your order has been dispatched, we will provide tracking information where applicable.
  • Please note that delivery times may vary depending on your location and external factors beyond our control.
  • For more details please see our shipping policy.

6. Refunds, Returns, and Exchanges

Please refer to our Refund Policy for full details on returns, refunds, and exchanges. In compliance with the Australian Consumer Law (ACL), you are entitled to a refund or replacement if the product is faulty, unsafe, or significantly different from the description.

7. Consumer Guarantees

Under the ACL, our goods come with guarantees that cannot be excluded. 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.

8. Intellectual Property

  • All content on this website, including but not limited to images, text, graphics, logos, and product designs, is the intellectual property of Mental Fortitude and protected under Australian and international copyright laws.
  • You may not use, reproduce, or distribute any content from our website without our express written permission.

9. User Conduct

When using our website, you agree not to:

  • Violate any applicable laws or regulations.
  • Submit any false or misleading information.
  • Use our website to engage in fraudulent or unlawful activity.
  • Interfere with or disrupt the functionality of our website or servers.

10. Privacy

We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using our website, you consent to the collection, use, and storage of your personal information as outlined in our Privacy Policy.

11. Limitation of Liability

  • To the fullest extent permitted by law, Mental Fortitude will not be liable for any direct, indirect, incidental, or consequential damages resulting from your use of our website, products, or services.
  • We are not liable for any losses caused by third-party services, including but not limited to payment processors or shipping providers.

12. Indemnification

You agree to indemnify and hold harmless Mental Fortitude and its affiliates, employees, and agents from any claims, damages, or expenses arising from your use of our website or violation of these Terms.

13. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to our website. It is your responsibility to review these Terms periodically for updates.

14. Governing Law

These Terms are governed by the laws of the state of Queensland and the federal laws of Australia. Any disputes arising from your use of the website or these Terms will be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

15. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

  • Email: hello@mentalfortitude.com.au
  • Phone: 0410556151
  • Address: PO Box 368, Kippa Ring, QLD, Australia 4021