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Terms & Conditions

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.

Clearance Sale

Promotion runs from June 1 to June 30, 2026, inclusive. Offers apply to selected items only, with discounts of up to 50% off the original retail price, as marked. All clearance items are subject to availability and strictly while stocks last. Please note that some clearance products may have a shortened expiration date, which is reflected in the markdown. Returns or exchanges on clearance items will not be accepted for change of mind; returns will only be processed if a product is found to be faulty. All clearance sales are final and cannot be combined with any other offers or promotional codes.

NW Active Rewards Terms

PLEASE READ THESE NUTRITION WAREHOUSE REWARDS TERMS AND CONDITIONS (“REWARD TERMS”) CAREFULLY.

BY PARTICIPATING IN THE NW ACTIVE REWARDS PROGRAM (“REWARDS PROGRAM”), INCLUDING BY REGISTERING AN ACCOUNT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THESE REWARD TERMS AND ALL OTHER TERMS INCORPORATED OR REFERENCED IN THESE REWARD TERMS, INCLUDING OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE REWARD TERMS, YOU MUST NOT, AND HAVE NO RIGHT TO, PARTICIPATE IN THE NW ACTIVE REWARDS.

All capitalized terms used but not defined in these Reward Terms have the meanings given to them in the Terms of Use.

GOVERNING LAW AND CONSUMER RIGHTS

These Reward Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. If you are a resident of New Zealand, you may also be entitled to certain rights and protections under applicable New Zealand consumer legislation, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Reward Terms is intended to exclude, restrict, or modify any statutory rights or remedies you may have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable legislation that cannot be lawfully excluded, restricted, or modified.

  • 1. CHANGES TO THE REWARDS PROGRAM. The Rewards Program is offered in the sole discretion of Nutrition Warehouse (“NW,” “we,” “us,” or “our”). We may update, suspend, terminate, replace, or otherwise change, in whole or in part, these Reward Terms, our FAQs regarding the Rewards Program, or any other aspects of the Rewards Program at any time, for any reason, including, but not limited to, how points earned through the Rewards Program (“ Points”) or other benefits may be earned or redeemed (including changes to their redemption value), when Points may be received, or when they expire. If we make any such changes, we will provide you with notice of the changes, either by notifying you through your Account, posting the changes to our website at https://nutritionwarehouse.com.au / .co.nz or any other websites operated by or for us that include or link to these Reward Terms (collectively, our “Site”), or by another reasonable method we choose, such as by sending you an email or SMS notification. Any changes to these Reward Terms will be effective immediately unless indicated otherwise. The date of the last change to these Reward Terms will be posted at the top of this page. As such, you should check this page frequently to stay informed of the most up-to-date version of these Reward Terms. You waive any right you may have to receive specific notice of any changes to these Reward Terms or the Rewards program generally, and your continued access to or participation in the Rewards program following posting or other notice of any such changes confirms your acceptance of the same. If you do not agree to any such changes, you must not, and have no right to, participate in the Rewards Program.

  • 2. REWARDS PROGRAM DESCRIPTION.

    (a) General Description. The Rewards program is designed so that each time a Member (as defined below) shops, shares, follows Nutrition Warehouse or other designated activities as provided in these Reward Terms, they may accrue or earn Points that may be redeemed for store credits on Nutrition Warehouse products we make available at Nutrition Warehouse (“as defined as both Nutrition Warehouse Online store and Nutrition Warehouse physical stores”).

    (b) Eligibility. The Rewards Program is only open to individual residents of Australia and New Zealand. You must be the appropriate age of majority in your state of residence to participate in the Rewards Program. The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 18. If you are at least 18 years old but still a minor in your state of residence, you may access and participate in the Rewards Program only with the permission of, and under the direct supervision of, a parent or legal guardian who creates an Account on your behalf and who agrees to be bound by these Reward Terms. By accessing or participating in the Rewards Program, including by creating an Account, you represent that you are at least the age of majority in your jurisdiction. If you create an Account on behalf of a minor, you represent and warrant that you are the parent or legal guardian of that minor and agree to assume full responsibility for all activity of that minor using that Account.

    (c) Exclusions. Employees and contractors of Nutrition Warehouse are not eligible to participate in the Rewards Program. Companies, corporations, organizations, associations, partnerships, or other legal entities are also not eligible to participate in the Rewards Promotions. If you are a resident of any country other than Australia and New Zealand, you may not participate in the Rewards Program. Participants in the Nutrition Warehouse Personal Trainer program, Industry discount program or Wholesale Partners are excluded from participating in the NW Active Rewards program.

    (d) Membership Required. In order to earn Points, you must register for an account on our Site at https://nutritionwarehouse.com.au/ .co.nz (an “Account”). The Rewards Program is limited to one (1) Account per eligible individual. Only eligible individuals with active Accounts (“Members”) may collect and earn Points. Please note that in order to create an Account, you must provide us with at least the following information:

    (i) Your first and last name, and your email address and telephone number

    You represent and warrant that all information you provide to us in connection with your Account is complete and accurate. Further, you acknowledge and agree that any failure to update such information, including the information above, following a change to such information may result in the inability to earn or redeem Points, suspension or termination of your Account, participation in the Rewards Program, and/or a loss of any Points associated with your Account.

    (a) Account Security. As a Member, you acknowledge and agree that your Account is, and any passwords associated with your Account are, personal to you, and you agree not to provide any other person or entity with access to all or any part of your Account or passwords. You are responsible for maintaining the confidentiality of your Account and passwords and for any and all activities that occur under your Account and passwords, including any expenditure or redemption of Points. You agree to notify NW if you become aware of, or if you suspect any unauthorised use of or access to, your Account or passwords or any other breach of security associated with your Account, passwords, or your Points, immediately after you become aware of or begin to suspect any such unauthorised use, access to, or breach of security. Without limiting anything in Section 6 below, if we have reason to believe that there has been, or is likely to be, a breach of security or misuse of your Account, the Rewards program, or your Points, we may terminate your ability to participate in the Rewards Program or change, or require you to change, your login details, including any user names or passwords associated with your Account.

    3. EARNING POINTS and NW TIERS

    (a) Tiers; Purchases. A member's spend during a 12 month period commencing on their anniversary date determines which tier and associated benefits they receive, including but not limited to their points multiplier. Dollar amounts in Australia are in AUD and Dollar amounts in New Zealand are in NZD. A customer's points balance does not determine their tier level The more a Member spends at Nutrition Warehouse, the more Points you can earn!

    Subject to Section 4(d) below, a Member may earn Points every time they make a purchase at Nutrition Warehouse through their Account. A detailed description of our tiered earning system is below:

    (b) Commencing with the launch of the NW Active Rewards Program, and for solely existing Members who had already registered with an Account, NW, on a one-time, non-precedential basis, all pre-existing points from the My Active Rewards Program will be transferred to the NW Active Rewards program (the “Retroactive Point Grant”).

    In addition, Members who are already registered with My Active Rewards program will be allocated a member tier in the NW Active Rewards Program at the time of transfer to the new program. This tier will be assigned based on the member’s spend at Nutrition Warehouse in the prior 12 months of the transfer date. The transfer date will become the members anniversary date until the member changes tier status at some point in the future.

    (c) For any new Member and assuming you’re eligible to be a Member, when you register for an Account, you automatically qualify for the Member Tier. After spending $500 during a 12 month period from your anniversary date (as defined herein) at Nutrition Warehouse through your Account on our Site or at a Nutrition Warehouse store, you will qualify for the Silver Tier. After spending at least $1000 during a 12 month period from your anniversary date at Nutrition Warehouse through your Account on our Site or at a Nutrition Warehouse store, you will qualify for the Gold Tier. The “Anniversary Date ” for your Rewards Program account is activated at the point of tier entry (the creation of the account and/or the date at which a member spends enough to upgrade into the tier level or for Legacy member the date of transfer from My Active Rewards to NW Active Rewards) and extends for twelve (12) consecutive months from such date. During the 12 months following the Anniversary Date, members must meet the applicable spend to maintain or advance their tier status. If the required spend is not met during the 12 months following the anniversary date, the member will be downgraded to the applicable tier to that spend, and the benefits of the higher tier will no longer be accessible. Members can regain higher tier status by achieving the required spend in the following 12 months from their anniversary date, which shall then upgrade the Member to the next tier status for a 12-month period from the time of achieving such applicable minimum spend. For clarity, once a Member archives a tier status, they shall remain in such tier for the duration of the 12 months unless qualifying for a higher tier in the case of members and silver. A new anniversary date will reflect this move up.

    (d) To retain your Points, Members must make a purchase at Nutrition Warehouse through your Account on our Site or at a Nutrition Warehouse store during the 12 months following their last purchase. In the event that you do not make a purchase during this 12 month period, all such Points shall be forfeited.

    (e) If your Account is terminated or suspended, you may lose your Tier status, as determined by NW in our sole discretion. Tier status is non-transferable. Points can only be earned from whole dollars, and purchases will be rounded down or up to the nearest dollar. For example, a purchase of $59.95 would be rounded up to $60.00 (for the purpose solely of point accumulation), resulting in 180 Points for an Account in the member Tier, while a purchase of $30.45 would be rounded down to $30.00 (for the purpose solely of point accumulation), resulting in 90 Points for an Account in the member Tier. Only amounts spent on the stated purchase price of Nutrition Warehouse Products are eligible to earn Points. No Points may be earned from amounts spent on shipping, shipping insurance, taxes, or other charges.

    (f) Special Activities. In addition to purchasing Products through your Account on our Site or at a Nutrition Warehouse store, Members may earn Points by completing the special activities (“Special Activities”) listed at https://nutritionwarehouse.com.au / .co.nz under “Ways to Earn Points”. You must be logged into your Account to earn Points for Special Activities.

    (c) For clarity, because you may create only one (1) Account for your personal use, you may complete the “Updating the account profile,” “Follow us on Instagram,” Special Activities only once. If you choose to provide your birthday information to us in connection with your eligible Account, the birthday gift will be placed in your Account once per year on or around your specified birthday.

    If you make statements about Nutrition Warehouse or Products ranged at Nutrition Warehouse in order to earn Points (written or video reviews), you must comply with all applicable statutes, regulations, and other laws, including but not limited to the TGA’’s guidelines for Endorsements and Testimonials in Advertising, the current version of which can be found here: https://www.legislation.gov.au/Series/F2021L01661. This means, among other things, that your statements must be honest and accurate and must be accompanied by a clear and conspicuous disclosure of your connection to the Rewards Program and include an appropriate hashtag, such as #ad or #sponsored as the first hashtag. Your posts and other communications must also be free of infringing, harassing, discriminatory, defamatory, hateful, violent, political, obscene, pornographic, bullying, unsafe, fraudulent, or otherwise objectionable content, as determined by NW in our sole discretion. If we notify you of any objectionable content, you will delete or edit the relevant communication to our satisfaction. For clarity, this paragraph does not prohibit you from communicating your honest opinions about NW or NW ranged Products, whether or not favourable. Without limiting anything in Section 6 below, we reserve the right to refuse to award Points, and may suspend or terminate your Account, in our sole discretion, if we believe that you have violated any of the requirements of this section.

    (d) Other Ways to Earn Points. We may offer other methods of earning Points from time to time as described on our Site or in emails or SMS notifications we send to you (if you have signed up to receive them). These offers may be for a limited time and may vary in value.

    (e) Delivery of Points. Following your purchase at Nutrition Warehouse through their Account and on our Site or at a Nutrition Warehouse store, completion of a Special Activity, or successful referral of a friend, the specified number of Points will appear in your Account, usually within thirty (30) days (subject to processing times). If it has been more than thirty (30) days and your Points do not appear in your Account, please contact our customer service team. Points only accrue and may only be earned as set forth in this Section 3, or as otherwise noticed by Nutrition Warehouse to you, from time to time. Completion of any other tasks or activities will not result in Points being added to your Account.

    (f) Consent to Receive SMS Text Messages. If you choose to earn Points by signing up to receive commercial electronic messages (such as SMS notifications and other text messages) from us, you consent to receive marketing and informational messages from us or our representatives (including through automated means) at the mobile telephone number you provide when you sign up. You represent that the telephone numbers that you provide to us are your contact numbers. You represent that you are permitted to receive calls, SMS notifications, and other messages at each of the mobile telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. It is your responsibility to keep your mobile phone number current by keeping your Account information up-to-date. You acknowledge that texting over mobile phones or other devices carries risks because text messages are not encrypted. This means that the information contained in the text messages could be accessed by an unintended recipient, such as your mobile carrier or someone who intercepts your messages. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us. You are entirely responsible or any fees charged by your mobile carrier for text messaging and understand that text messages sent or received in connection with the Rewards Program may count against any data usage or text message limits in your mobile plan. To unsubscribe from promotional SMS notifications or other text messages at any time, click on the STOP link in the text. You consent that following such a request to unsubscribe, you may receive a text message from us confirming your request to opt out of promotional messages. We may continue to send you informational text messages about the Rewards Program or your Account, even if you opt out of promotional messages.

  • 4. REDEEMING POINTS.

    (a) Redemption. Once Points are available in a Member’s Account, they may be redeemed at Nutrition Warehouse at our Site when logged into your account or at a Nutrition Warehouse store. In order to redeem Points online, you must log into your Account and select the number of Points that you would like applied to your next order at Nutrition Warehouse. If shopping at a Nutrition Warehouse store, the staff member, when processing your purchase, will ask if you would like to redeem points on that purchase. Any redemption of Points will not be applied to shipping and handling costs and expenses, and each Member remains responsible for those costs and expenses, subject to our Terms of Use.

    (b) Multiple Tender. If a Member uses more than one payment method in a single transaction on our Site for an order or at a nutrition warehouse store, the number of Points earned is based on the amount of dollars—and not Points—spent in the transaction. For example, if you are in the member Tier, your order subtotal is $50.00 (excluding tax and shipping), and you apply a $25.00 store credit to the purchase and pay the remaining $25.00 with your credit card, you will earn a total of 25 Points: 1 Point for each dollar spent with your credit card ($25.00) on products ranged at a Nutrition Warehouse Store or online site.

    (c) Deduction. When using Points to purchase at Nutrition Warehouse, the Points will be immediately removed from a Member's Account. Points may be refunded or reinstated to a Member's Account only if we determine, in our sole discretion, that the Product purchased is unavailable or cannot be delivered.

    (d) Ineligible Purchases. Members will not accrue or earn Points for any purchase of Products at Nutrition Warehouse that are a Free Gift with purchase, store or merchandise credits, donations of any kind, expenditures of gift card amounts, or purchases made with Points. Members also will not accrue or earn Points or accrue Tier status for any purchase of Products other than through their Account on our Site or at a Nutrition Warehouse store, including any purchase of Products ranged at NW but also ranged at any retailer or other physical location outside of Nutrition Warehouse.

    (e) Returns. Points are generally non-refundable and cannot be reinstated once redeemed, unless we determine that a Product purchased is unavailable, cannot be delivered in accordance with Section 4(c), or you return the Product for a permitted reason, in which case the Points shall be refunded. For more information on how we handle returns, please read our Terms of Sale and Returns Policy.

  • 5. RESTRICTIONS ON USE OF POINTS.

    (a) Personal Use. The Rewards Program and Points are intended for personal use only. Any commercial use of the Rewards Program or the Points is strictly prohibited. Points may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Any attempt to redeem single use offers and verification codes for Points multiple times or through multiple users, constitutes fraud and may result in the suspension or termination of your Account or your ability to participate in the Rewards Program.

    (b) Combined Use; Limits. Points accrued or earned in connection with the Rewards Program can be combined with any other offers or discounts, unless otherwise expressly indicated by Nutrition Warehouse. We reserve the right to limit any redemption or application of Points to specified Products, to change the redemption value of Points, and to limit the number of Points available to Members. We may also, in our sole discretion, suspend, cancel, replace, or combine Points that appear to be duplicative or that were accrued or earned in violation of these Reward Terms, or any other terms incorporated in these Reward Terms.

  • 6. TERMINATION; CANCELLATION.

    (a) Breach. Without limiting anything set forth in the Terms of Use, we reserve the right to suspend and/or terminate your Account (or any account associated with your Account) or your participation in the Rewards Program, if we determine, in our sole discretion, that you have violated these Reward Terms or our Terms of Use, or Privacy Policy, or any other terms incorporated into these Reward Terms, or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful.

    (b) Cancellation. You may cancel your Account and participation in the Rewards Club at any time and for any reason by contacting us using the contact information set forth in Section 9 below and indicating that you wish to cancel solely your Reward Program Account, or generally cancelling your online Account. Account cancellation is subject to applicable processing times.

    (c) Effect of Termination or Cancellation. In the event that your Account or participation in the Rewards Program is terminated for any reason, or if you cancel your Account, you will lose your Tier status and all accrued or earned Points in your Account will automatically be void and will not be refunded or reinstated, including if you attempt to renew, re-open, or create a new Account.

  • 7. DISCLAIMERS.

    (a) Third Party Websites, Third-Party Tools, and User Content. In order to complete certain activities required to earn Points, including certain of the Special Activities, you may be required to use Third Party websites, Third-Party Tools, or log into and/or link certain of their social media accounts to their Account. Third Party websites and Third-Party Tools are not under our control, and we are not responsible for the contents of any Third Party websites or Third-Party Tools or any link contained in a Third Party website or Third-Party Tool. We provide links to Third Party websites and Third-Party Tools only as a convenience, and the inclusion of a link does not constitute or imply our endorsement of any Third Party website, Third-Party Tool, or any content found on the foregoing. We are also not responsible, and will not be held liable, for any User Content or Feedback that you may upload, post, or otherwise display, including on or through our Site or your Account. For more information regarding the restrictions on, and your and our rights regarding, User Content, Feedback, intellectual property, Third Party websites, and Third-Party Tools, please carefully review our Terms of Service, including Sections 3 (User Content, Feedback, and Other Submissions), 5 (Our Intellectual Property Rights), and 6 (Third-Party Tools and Websites).

    (b) Membership Fees. No purchase is necessary for participation in, and there are no fees associated with, the Rewards Program. Points accrued or earned in connection with the Rewards Program are promotional, have no cash value, and cannot be redeemed for cash. There are no loyalty or other rewards cards associated with the Rewards Club.

    (c) No Liability. THE REWARDS PROGRAM AND POINTS ARE PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS, DELAYS, OR MALFUNCTIONS IN THE OPERATION OF THE REWARDS CLUB, INCLUDING WITHOUT LIMITATION IN THE EARNING OR REDEMPTION OF ANY POINTS, OR FOR ANY LOSS OF POINTS, WHETHER DUE TO DISRUPTIONS TO OUR SYSTEMS, SOFTWARE PROGRAMMING ERRORS, HUMAN ERRORS, FAILURE OF ANY INTERNET SERVICE PROVIDERS OR MOBILE CARRIERS, OR OTHERWISE.

    (d) Fraudulent Use. WE ARE NOT RESPONSIBLE FOR ANY FRAUDULENT EXPENDITURE OR REDEMPTION OF POINTS UNDER YOUR ACCOUNT OR PASSWORDS, OR FOR THE LOSS OF ANY POINTS RESULTING FROM OUR SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ABILITY TO PARTICIPATE IN THE REWARDS CLUB.

  • 8. MISCELLANEOUS.

    (a) Additional Terms. These Reward Terms incorporate our Terms of Use and Privacy Policy, and any other terms referenced in any of the foregoing. If there is a conflict between these Reward Terms and any of the other terms referenced in these Reward Terms, the provisions in these Reward Terms will control, but only with respect to the Points, your participation in the Rewards Program, or your access to your Account. All other provisions in the Terms of Service will continue to control.

    (b) Privacy. Our Privacy Policy governs your participation in the Rewards Club and our handling of any information you may provide to us in connection with your registration of an Account or your participation in the Rewards Program. Please read the Privacy Policy carefully in order to stay informed of how we collect, use, and disclose information about you.

  • 9. CONTACT US. If you have questions about these Reward Terms, the Rewards Program, or the Points, or if you wish to cancel your Account, please contact us at Customer Support Phone: 1300 837 785
  • DEFINITIONS & INTERPRETATION

    Definitions

    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.

    INTELLECTUAL PROPERTY

    • Copyright

      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.
    • Trade marks

      • 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.

    Linked Websites

    • 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.

    VARIATION

    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.

    PRIVACY POLICY

    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.

    Disclaimer

    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.

    System Security

    • 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.

    General

    • 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.

    Governing Law

    • 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.

    Sellers Discretion

    Wherever under this Agreement Seller has the right to approve or determine any matter, Seller's approval or determination will be in Seller's reasonable discretion unless expressly provided to the contrary in this Agreement.

    Nutrition Warehouse Sales and Promotions

    By participating in our sales and promotions, you agree to these terms and conditions. We reserve the right to amend them at any time.

    Eligibility

    Our promotions are open to all customers, unless otherwise specified in the promotion details.

    Promotion Types and Locations

    We offer various types of promotions, which may be available online, in-store, or both. The details of each promotion will be stated clearly.

    Discounts and Exclusions

    Discounts are applied to selected items only and exclude gift cards and some branded products.

    Right to Modify or Cancel Promotions

    We reserve the right to modify or cancel promotions at any time, without prior notice.

    Gifts With Purchase

    Gifts with purchase are offered while supplies last. In case of stock shortages, we reserve the right to substitute the gift with another item of similar value.

    Gift Cards

    Gift cards cannot be purchased at a discount and are excluded from all promotions.

    Promotions

    • Conditions. Promotions are not valid for cash or cash equivalent. Promotions cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer. Promotions may not be combined with any other offers unless explicitly noted. Promotions will not always be replicated in-store. Qualifying promotion amount applies to merchandise only, excluding Gift Cards and shipping and handling charges (unless otherwise stated). Promotions are only available for a limited time and only valid when listed/advertised on www.nutritionwarehouse.com.au
    • Offers are non-transferable. All monetary amounts specified in these terms and conditions are in Australian dollars (AUD). Promotions may be subject to availability.
    • 'Excluded Items' means sale items and electronic Gift Cards unless otherwise stated.
    • Redemption. To redeem an offer during an Offer Period, enter the advertised redemption code into the promo code box during the checkout process or purchase using auto-applied code. A coupon code cannot be used in conjunction with any other offer. You can only use the redemption code once unless otherwise stated.
    • Offers: From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s)
    • Site-wide offers include all published products onsite unless stated otherwise

    AGREEMENT FOR SUPPLY OF PRODUCTS

    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

    Definitions

    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

    "Date of Order" means either of the following dates (depending on the circumstances):-

    • date that we accept your order by email in accordance with clause 4(b) or
    • date that you accept a varied order by email in accordance with clause 4(c).

    "GST" means goods and services tax under the GST Act and any expression used that is defined in the GST Act has that defined meaning in this Agreement (unless the context indicates otherwise).

    "GST Act" means A New Tax System (Goods and Services Tax) Act 1999 (Cth), any associated legislation and any other consumption tax legislation.

    "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 and products

    • 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.

    Ordering

    • You may place an order with us in one of the following ways:-
      • by placing the order directly through the Website, in which case clauses 4(b) to 4(e) apply; or
      • by telephone, in which case clauses 4(b) to 4(f) will apply.
    • Subject to clause 4(c), if you order Products, we will send an email message and tax invoice, which will confirm the:-
      • Date of Order
      • description of the Products ordered
      • order identification number
      • delivery address and
      • price of the Products (including GST and postage)
    • Some of the Products may not be available at the time of your order. If we do not have the Products you order in stock, we may (but are not bound to) offer you alternatives before we dispatch your order. If this happens we will telephone you or email you and you may, by telephone or email:-
      • accept the alternatives we offer
      • cancel your order or
      • continue with the order, but tell us by email to omit the out-of-stock item
    • We are not bound to supply any Products in the quantities ordered, or at all.
    • Despite any email or other order confirmation we provide to you, we are not bound by any anticipated delivery date we provide.
    • If you telephone us to place an order then we will explain to you while on the telephone that:-
      • we will only supply Products on the basis that you first accept the terms and conditions of this Agreement and
      • we will email this Agreement to you with our tax invoice; and
      • if you do not accept the terms of this Agreement you must telephone us to tell us that by 5:00pm on that same day, in which case we will not process your order; and
      • if by 5.00pm on the date we email your tax invoice you do not advise us that you wish us to process you order, you will be deemed to have accepted these terms and we will process you order.

    Price and Payment

    • All prices stated on the Website are inclusive of GST.
    • The prices for delivery within Australia can be viewed under the tab on the Website titled "Delivery Info".
    • You must pay us the full price of your order before we will send any part of it.
    • You may pay by electronic funds transfer, credit card or debit card using MASTERCARD/VISA/AMERICAN EXPRESS or using Paypal.
    • If you opt to pay by:-
      • Credit card, debit card or Paypal, your payment will be processed immediately on placing your order for Products;
      • Klarna, in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Pay in 4 / Pay Now. Payment is to be made to Klarna. Further information and Klarna’s user terms you can find here. Your personal data is handled under applicable data protection law and per the information in Klarna's privacy statement.
      • Electronic funds transfer, you must pay within 72 hours of receipt of our tax invoice, and upon receipt of your payment we will process your order.
      • Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase.

    Delivery

    • Ownership and risk in the Products will pass to you from the moment they are posted by us.
    • Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. Our couriers do not require a signature to leave a parcel, we recommended that you provide your work address for delivery if you won't be home during business hours.
    • We may post Products in instalments if not all of the Products you order are available at the same time for delivery.

    Intellectual Property

    • Copyright

      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.
    • Trade marks

      • 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.

    RIGHT OF CANCELLATION AND RETURNS POLICY

    • In some circumstances you may have a legal right to return Products, for example, where the ACL applies, pursuant to one of the consumer guarantees under the ACL.
    • We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.
    • If you do have a right of cancellation, you must tell us you wish to cancel within seven days of receiving the Products.
    • The Products must be returned to us within 60 days of receiving them:-
      • in their original condition (both Products and packaging)
      • securely wrapped
      • together with our delivery slip and
      • at your own risk and cost.
    • When we have received the Products, we will credit your credit card or debit card with the purchase price of the Products no later than 30 days from the date the Products are received by us.

    PERSONAL INFORMATION

    • You agree to provide accurate and up-to-date information about yourself to enable us to provide you with the Products.
    • We will deal with your personal information held by us in accordance 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.

    Disclaimer

    • 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.
    • Except for losses attributable to breaches of the consumer guarantees in the ACL, to the extent permitted by law, any condition or warranty which could otherwise be implied in connection with the Products or this Website is excluded.
    • Where the Products are NOT acquired for personal, domestic or household use or consumption, our liability for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may incur or 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.
      is limited to (at our election) one or more of the following:-
      • replacement of the Product or the supply of equivalent Product or
      • the payment of the cost of replacing the Product or of acquiring equivalent Product
    • Nothing in this Agreement excludes any guarantees or liability arising under the ACL or any other statute if and to the extent that liability cannot be lawfully excluded.
    • Product delivery will be via Australia Post. Subject to our obligations under clause 6(b), under no circumstances will we be liable for any direct, indirect or Consequential Losses arising from any of:-
      • a failure or delay in the delivery of Products;
      • delivery of Products to an incorrect address; or
      • damage, loss or theft of Products at any time after they are posted by us.

    Dispute Resolution

    • The parties will use reasonable endeavours acting in good faith to resolve any dispute arising in connection with this Agreement ("Dispute") as soon as reasonably possible.
    • If the parties cannot resolve a Dispute within fourteen (14) days a party may give notice to the other describing the Dispute and requiring its resolution under this clause, in which case the parties will refer the Dispute to mediation by a Queensland Law Society ("QLS") approved mediator who is:-
      • agreed by the parties, or
      • failing their agreement appointed by the President of the QLS (on the application of any party),
      • on the terms of the standard mediation agreement approved by the QLS and any information obtained solely under that reference may not be used for any purpose other than settling the Dispute under this clause.
    • If the Dispute is not resolved within twenty-one (21) days of its referral to mediation, a party may commence proceedings in any court of competent jurisdiction.
    • All proceedings under this clause will be held at the QLS offices unless the parties agree otherwise.
    • Each party must continue to perform their obligations under this Agreement despite the Dispute or any proceedings under this clause.
    • Except where urgent interim or preliminary relief from a court of competent jurisdiction is being sought, no party may commence proceedings in any court seeking resolution of the Dispute until the provisions of this clause have been complied with.
    • The parties agree that:-
      • a party’s failure to comply with the provisions of this clause may cause irreparable harm and/or substantial damage to the other party;
      • damages are an inadequate remedy for any breach or threatened breach of this clause; and
      • if a party fails to comply with that party’s obligations under this clause:-
        • the non-defaulting party may seek specific performance without proof of actual damage; and
        • neither the defaulting party nor any person under their control may claim that the breach should not be the subject of equitable relief.

    General

    • 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.

    Governing Law

    • 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.

    Sellers Discretion

    Wherever under this Agreement the Seller (Nutrition Warehouse) has the right to approve or determine any matter, Seller's approval or determination will be in Seller's reasonable discretion unless expressly provided to the contrary in this Agreement.

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