These terms and conditions apply to the supply of Products and services from this Website. By ordering any Products from this Website you agree to be bound by the conditions as set out in this Agreement. You must accept these conditions before ordering any Products from the Website.
DEFINITIONS & INTERPRETATION
In this Agreement, unless the context indicates otherwise:-
"Agreement" means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.
"Associates" has the meaning given in the Corporations Act 2001 (Cth).
"Consequential Loss" includes, without limitation:-
- loss of profits
- loss of revenue
- loss of data
- lost production
- loss of business
- loss of the benefit of any contract or other agreement or arrangement
- losses which do not arise naturally from a breach of contract in the usual course
- death or personal injury
- damage to health
- damage to reputation and
- legal costs
"Linked Websites" has the meaning given to that term in clause 5(a).
"Products"are any goods offered for sale on the Website, or supplied or promoted by us.
"We", "us" and "our" are references to Nutrition Warehouse Pty Ltd ACN 128 438 755, Global Link Nutrition Pty Ltd ACN 146 959 613, Worldwide Sports Nutrition Pty Ltd ACN 136 262 292 and any Associates of those companies, and each of them severally.
"Website"means the Nutrition Warehouse website at www.nutritionwarehouse.com.au.
"You" and "your" are references to either a user of the Website or a purchaser or prospective purchaser of the Products.
CONDITIONS FOR ORDERING
We do not offer to sell any Products for delivery or use outside of Australia.
If you purchase or use any Products, you:-
- warrant and represent that you are at least 18 years of age
- are ordering the Products for consumption in Australia
- warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified and licensed health practitioners relating to your proposed use of any Products
- warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified and licensed health practitioners and
- warrant, represent and agree that you will not re-sell or otherwise re-supply any Products
USE OF INFORMATION
- All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
- We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
- We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
- Your use of information provided on the Website, and any Products, is entirely at your own risk.
- You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.
Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:-
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
- commercialise any information obtained from any part of the Website, or any Products.
- The trade marks NUTRITION WAREHOUSE, ANABOLIX NUTRITION, GENETIX NUTRITION, MAMMOTH, HYDROXYLEAN, LEAN WHEY, CRITICAL MASS, DETOXITRIM, the Nutrition Warehouse logo and the other trade marks and logos on our Products are our property.
- You must not use any of our trade marks without our written permission.
Without limiting clauses 4(b)(i) or 4(b)(ii), you agree that you will not use any of our trade marks:-
- in or as the whole or part of your own trade marks
- on your website or in any marketing or promotional materials or
- in connection with activities, products or services that are not ours.
Third party rights
Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-
- not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part;
- download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and
not store electronically any significant portion of any Website content.
The Website may contain links to third party websites ("Linked Websites"). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure
Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.
We may vary the terms of this Agreement at any time by altering the "Terms & Conditions" as displayed on the Website, in which case changes will be effective immediately upon notification on the Website.
We undertake to:-
deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
otherwise to comply with,
the terms of our privacy statement which is available at Privacy Statement.
security of information
Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure.
Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.
We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-
your use of this Website
any Linked Websites or
your use or reliance on information contained on or accessed through this Website.
You must not, and you must not permit any other person to:-
violate or attempt to violate any aspect of the security of the Website
modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations include:-
accessing data unlawfully or without consent
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting and
taking any action in order to obtain Products to which you are not entitled.
We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website or ordering Products via the Website, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.