OVER 40 GYM CLUB™
TERMS OF SERVICE
Last updated: 24 July 2026
1. ABOUT THESE TERMS
These Terms of Service (“Terms”) govern your access to and use of over40gymclub.com and any
related storefront, pages, features, products, and services operated under the Over 40 Gym Club™
brand (collectively, the “Store”).
The Store is operated by Fusion Link (Pty) Ltd, a private company incorporated in South Africa,
trading as Over 40 Gym Club™ (“Over 40 Gym Club,” “we,” “us,” or “our”). Our storefront and
order fulfilment services are provided through Fourthwall and its service providers.
By accessing the Store, creating an account, or placing an order, you agree to these Terms
and to our Privacy Policy, Refund Policy, Shipping Policy, and any other policies displayed
or linked on the Store. If you do not agree, please do not use the Store.
2. ELIGIBILITY
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to
place an order. A person under the age of legal majority may use the Store only with the
involvement and consent of a parent or legal guardian.
By using the Store, you represent that you have the legal capacity to enter into a binding
agreement and that your use complies with all applicable laws.
3. STORE AND PRODUCTS
Over 40 Gym Club™ sells branded clothing, headwear, accessories, and related merchandise.
Most products are produced or fulfilled on demand by third-party manufacturing and fulfilment
partners.
We make reasonable efforts to display product descriptions, colours, measurements, images,
and other details accurately. Screen settings, production methods, garment batches, and print
placement may cause minor differences between the product shown online and the product delivered.
These normal variations are not necessarily defects.
Product availability, colours, sizes, materials, designs, prices, and specifications may be
changed or withdrawn at any time without prior notice.
4. ORDERS
An order is an offer by you to purchase the products listed in your order. Receipt of an
order confirmation does not necessarily mean that we have accepted the order.
We may refuse, limit, or cancel an order where reasonably necessary, including where:
(a) a product is unavailable;
(b) pricing or product information contains an error;
(c) payment cannot be authorised;
(d) fraud or unauthorised activity is suspected;
(e) an order violates these Terms or applicable law; or
(f) fulfilment or delivery is not reasonably possible.
If we cancel an order after payment has been collected, the affected amount will be refunded
to the original payment method.
You are responsible for checking product details, sizes, quantities, personalisation, shipping
information, and billing information before submitting an order.
5. PRICES, CURRENCY, AND PAYMENT
Unless stated otherwise, prices are displayed in United States dollars. Your bank, card issuer,
payment provider, or wallet provider may apply currency-conversion charges, international transaction
fees, or other charges that we do not control.
Prices may change at any time. A price change will not affect an order that we have already
accepted, except where an obvious pricing error has occurred.
You authorise us and our payment processors to charge the total amount shown at checkout,
including product charges, shipping charges, taxes, and other disclosed fees, to your selected
payment method.
You represent that you are authorised to use the payment method supplied and that the
information provided is accurate.
6. TAXES, DUTIES, AND IMPORT CHARGES
Applicable sales taxes or similar transaction taxes may be calculated and displayed at checkout.
For international orders, the recipient may be responsible for customs duties, import taxes,
brokerage fees, handling charges, or other government charges imposed by the destination country.
These charges are not controlled by us unless the checkout expressly states that they have been
prepaid or included.
You are responsible for ensuring that products may lawfully be imported into the delivery
destination.
7. SHIPPING AND DELIVERY
Shipping options, estimated delivery windows, and charges are shown at checkout where available.
Delivery dates are estimates and are not guaranteed. Production delays, carrier delays,
customs processing, weather, strikes, incorrect addresses, peak demand, and events outside our
reasonable control may affect delivery.
You must provide a complete and accurate delivery address. We are not responsible for delays,
failed delivery, or loss caused by incorrect or incomplete information supplied by you.
Risk of loss passes to you when the order is delivered to the address provided, subject to any
mandatory consumer law that applies in your jurisdiction.
Please review our Shipping Policy for additional information.
8. ORDER CHANGES AND CANCELLATIONS
Because many products are produced on demand, order changes or cancellations may not be possible
once production or fulfilment has begun.
Contact us promptly if you need to request a change or cancellation. We will try to assist, but
we cannot guarantee that a request can be completed.
9. RETURNS, REFUNDS, AND REPLACEMENTS
Returns, refunds, replacements, and claims for defective, damaged, incorrect, or undelivered
products are governed by our Refund Policy displayed on the Store.
You must inspect your order after delivery and contact customer support within the period
stated in the Refund Policy. You may be asked to provide your order number, photographs,
packaging information, or other evidence reasonably required to assess the claim.
Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded
under applicable consumer-protection law.
10. PROMOTIONS AND DISCOUNT CODES
Promotions, discounts, bundles, free-shipping offers, giveaways, and discount codes may be
subject to additional conditions.
Unless stated otherwise:
(a) promotions cannot be combined;
(b) codes have no cash value;
(c) promotions may be limited by product, customer, territory, or date;
(d) promotions may be withdrawn or corrected where there is an error, abuse, or fraud; and
(e) discounts do not apply retrospectively to completed orders.
11. ACCOUNTS
Some Store features may allow or require you to create an account. You must provide accurate
information and keep it current.
You are responsible for protecting your login credentials and for activity conducted through
your account. Notify us promptly if you believe that your account or password has been
compromised.
We may suspend or terminate an account that is used unlawfully, fraudulently, abusively, or in
violation of these Terms.
12. INTELLECTUAL PROPERTY
The Over 40 Gym Club™ name, logos, designs, graphics, product artwork, photographs, text,
videos, layouts, and other brand materials are owned by or licensed to Fusion Link (Pty) Ltd
and are protected by applicable intellectual-property laws.
The ™ symbol indicates that we claim trademark rights in the Over 40 Gym Club name and related
branding. It does not represent that the mark is federally registered in the United States.
You may access the Store for personal, non-commercial shopping purposes only. Except where
permitted by law or authorised by us in writing, you may not copy, reproduce, modify, distribute,
publish, display, sell, license, scrape, exploit, or create derivative works from Store content
or brand materials.
Purchasing a product does not transfer ownership of any underlying artwork, logo, trademark,
copyright, or other intellectual-property right.
13. FEEDBACK AND USER COMMUNICATIONS
When you voluntarily send us suggestions, reviews, feedback, photographs, testimonials, or
other materials, you confirm that you have the right to provide them.
Unless separately agreed, you grant us a worldwide, non-exclusive, royalty-free licence to use,
reproduce, adapt, and display that material for operating, improving, and promoting the Store
and our products. We will handle personal information in accordance with our Privacy Policy.
14. PROHIBITED USE
You may not:
(a) use the Store for unlawful, fraudulent, or abusive purposes;
(b) infringe or misappropriate intellectual-property, privacy, publicity, or other rights;
(c) introduce malware, malicious code, automated attacks, or disruptive technology;
(d) scrape, crawl, index, harvest, or extract Store data through unauthorised automated means;
(e) interfere with security, access controls, payment systems, or Store operation;
(f) impersonate another person or misrepresent an affiliation;
(g) submit false payment, identity, billing, shipping, refund, or chargeback information;
(h) use the Store to distribute unsolicited advertising or spam; or
(i) assist another person in any prohibited activity.
15. THIRD-PARTY SERVICES AND FOURTHWALL
The Store relies on Fourthwall and other third-party providers for hosting, payments,
production, fulfilment, shipping, analytics, and related functionality.
Third-party services may be subject to their own terms and privacy policies. We are not
responsible for third-party websites or services that are outside our reasonable control.
Fourthwall provides the technology and operational infrastructure used by the Store, but your
purchase of Over 40 Gym Club™ products is made from the seller identified in these Terms,
subject to any separate terms disclosed at checkout.
16. STORE AVAILABILITY AND CHANGES
We may update, change, suspend, or discontinue any part of the Store, product range, feature,
or service. We do not guarantee that the Store will always be uninterrupted, secure, or
error-free.
We may correct typographical errors, inaccuracies, and omissions, including after an order has
been submitted, subject to applicable law.
17. DISCLAIMERS
To the fullest extent permitted by law, the Store and its content are provided on an
“as available” basis.
We do not warrant that:
(a) the Store will be uninterrupted or free from errors or harmful components;
(b) all product descriptions or images will be completely free from minor inaccuracies;
(c) every product will remain available; or
(d) use of the Store will meet every individual expectation.
Products and content offered by Over 40 Gym Club™ are not medical advice, fitness instruction,
or a substitute for advice from a qualified medical or fitness professional.
Nothing in these Terms excludes warranties, guarantees, rights, or remedies that cannot lawfully
be excluded.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Fusion Link (Pty) Ltd and its directors,
employees, contractors, affiliates, and service providers will not be liable for indirect,
incidental, special, consequential, exemplary, or punitive loss, including loss of profits,
revenue, data, goodwill, or business opportunity, arising from the Store or these Terms.
Where liability cannot lawfully be excluded, our aggregate liability arising from an affected
order will not exceed the amount paid by you for that order, except where applicable law
requires a different remedy or limit.
These limitations do not apply to liability that cannot legally be limited, including liability
resulting from fraud, wilful misconduct, or any other matter for which exclusion is prohibited
by law.
19. INDEMNITY
To the fullest extent permitted by law, you agree to indemnify Fusion Link (Pty) Ltd and its
directors, employees, affiliates, contractors, and agents against third-party claims, losses,
liabilities, and reasonable costs arising from:
(a) your unlawful or unauthorised use of the Store;
(b) your material breach of these Terms;
(c) your infringement of another person’s rights; or
(d) fraudulent or abusive activity conducted through your account.
This section does not require a consumer to indemnify us for our own negligence, breach, or
unlawful conduct.
20. SUSPENSION AND TERMINATION
We may suspend or terminate access to the Store or an account where reasonably necessary to
prevent fraud, abuse, security threats, legal violations, or material breaches of these Terms.
Provisions that by their nature should survive termination will continue to apply, including
provisions concerning payment obligations, intellectual property, disclaimers, liability,
indemnity, and dispute resolution.
21. CHANGES TO THESE TERMS
We may revise these Terms from time to time. The revised version will be posted on the Store
with an updated “Last updated” date.
Changes will apply prospectively from the effective date stated, except where an immediate
change is reasonably necessary for legal, security, fraud-prevention, or operational reasons.
Your continued use of the Store after revised Terms take effect constitutes acceptance of those
revised Terms.
22. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the Republic of South Africa, without regard to
conflict-of-law principles.
Nothing in this section deprives a consumer of mandatory protections or access to a forum that
applies under the laws of the consumer’s place of residence.
Before starting formal proceedings, you agree to contact us and attempt in good faith to
resolve the dispute informally.
Subject to mandatory consumer law, the courts of South Africa will have jurisdiction over
disputes arising from these Terms.
23. SEVERABILITY
If any part of these Terms is found invalid or unenforceable, that part will be enforced to
the maximum extent permitted, and the remaining provisions will remain effective.
24. NO WAIVER
A failure or delay in enforcing any provision is not a waiver of that provision or of any
other right.
25. ASSIGNMENT
You may not assign your rights or obligations under these Terms without our written consent.
We may assign or transfer our rights and obligations in connection with a merger,
reorganisation, sale of assets, corporate restructuring, or transfer of the Store,
subject to applicable law.
26. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Refund Policy, Shipping Policy, and other
policies expressly incorporated by reference, constitute the entire agreement between you
and us concerning the Store.
27. ELECTRONIC COMMUNICATIONS
You consent to receive transactional electronic communications relating to your orders,
account, support requests, and these Terms.
Marketing communications will be sent in accordance with applicable law and our Privacy Policy.
You may unsubscribe from marketing communications using the method provided in the communication.
28. CONTACT INFORMATION
The Store is operated by:
Fusion Link (Pty) Ltd
Trading as Over 40 Gym Club™
South Africa
Email: admin@over40gymclub.com
Website: https://over40gymclub.com
For order-specific support, you may also use the customer-support contact method displayed on
the Store or in your order confirmation.
