These terms and conditions apply to the use of the Website, including the purchase of goods over the Website. In accessing or using the Website for those or any other purposes, You agree to be bound by and to comply with the terms and conditions. If You do not accept the terms and conditions, You must refrain from using the Website.
In the Conditions:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended;
Agreement means any agreement for the provision of goods by Us to You;
Conditions means these terms and conditions, as amended;
consumer is as defined in the ACL;
goods means the Products subject to an order from You;
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
Personal Informationmeans any personal information, as defined in the Privacy Act 1988 (Cth) as amended, provided by You including via the Website;
Products means supplement and nutrition products made available by Us for sale from the Website from time to time;
User(s) means a user/s of the Website either collectively or individually, as the context requires;
We/Us/Our means Bioflex Nutrition Pty Ltd (ABN 17 158 981 447) trading as Bulk Nutrients;
Website means any and all of the websites located at http://bulknutrients.com.au, http://bulkprotein.com.au, http://bulkaminos.com.au or any subsequent URL which may replace any of them; and
You/Your means you as:
a. a user of the Website; and
b. the person acquiring goods from Us.
We will provide You with access to the Website in accordance with the Conditions.
3. AMENDMENTS TO CONDITIONS
We reserve the right to amend the Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by and to comply with the Conditions.
4. AVAILABILITY OF PRODUCTS
We give no undertaking, representation, warranty or promise as to the availability of Products advertised on the Website.
5. ORDERING PROCEDURE
5.1 a. You may offer to purchase Products for the price specified on the Website.
b. The Products are offered for sale only to persons who can make legally binding contracts.
5.2 a. Your offer must contain your name, email address, credit card details and any other information specified on the Website.
b. Within no later than four days of receipt of Your offer, We will at Our discretion accept or refuse Your offer to purchase.
c. We are not required to give reasons for refusing Your offer to purchase.
d. If We refuse Your offer to purchase the Products for any reason, neither You or Us will be under any further liability to the other arising out of Your original offer or Our non-acceptance of that offer.
e. If We have not responded to You within four days, Your offer will be deemed to be rejected.
5.3 a. An Agreement is entered into between You and Us when We accept, in writing or electronic means, an offer from You to purchase particular Products (order) submitted through our Website.
b. You may cancel an order by email or phone provided that the order has not been dispatched at the time of your contact.
5.4 a. Delivery of the goods to You will be effected in the manner described on the Website.
b. Title in the goods does not pass to You until payment has been received by Us.
c. Risk of loss or damage to the goods passes to You upon dispatch.
6. PRICING AND PAYMENT
6.1 We will charge You:
a. for the goods in accordance with the price structure on the Website at the time the order is made; and
b. a delivery charge dependent on the address to which the goods are to be delivered, notified to You at the time You submit Your offer.
6.2 You acknowledge:
a. prices quoted for the supply of goods and delivery include GST and any other taxes or duties imposed on in relation to the goods and any services;
b. Our price structure on the Website will vary from time to time; and
c. payment charges for the goods, including the delivery charge must be made when You submit Your offer.
7. CANCELLATION DUE TO ERROR
You acknowledge that despite Our reasonable precautions, Products may be listed on the Website at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, We reserve the right to cancel the transaction, notwithstanding that Your order has been confirmed and Your credit card has been charged. We reserve this right up until the time of delivery of goods to You. If a cancellation of this nature occurs after Your credit card has been charged for the purchase, We will promptly issue a credit to Your credit card account for the amount in question.
8. DELIVERY OF GOODS
a. We will arrange for delivery of the goods to the address nominated by You.
b. If delivery of the goods is attempted and You are not available to accept delivery of the goods, We may leave the goods at the address nominated by You and You are deemed to have taken delivery of the goods.
c. Any period or date for delivery or collection of goods stated by Us is an estimate only and not a contractual commitment.
d. We will use Our reasonable endeavours to meet any estimated dates for delivery of the goods and to follow any reasonable delivery instructions provided by You, but We will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date or delivery instruction.
9.1 Except as the Conditions specifically state, or as contained in any express warranty provided in relation to the goods and to the extent permitted by law, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, manufacture, design or performance of the goods and/or any contractual remedy for their failure.
9.2 If You are a consumer, nothing in the Conditions restricts, limits or modifies Your rights or remedies against Us for failure to comply with a statutory guarantee under the ACL.
9.3 If You on-supply the goods to a person who is a consumer:
a. if the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Our liability to You; or
b. otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of Our liability to You, howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods by You or any third party.
9.4 If clauses 9.2 and 9.3 do not apply, then other than as stated in the Conditions or in any written warranty statement, We are not liable to You in any way howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods by You or any third party.
9.5 We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability which cannot be excluded under the ACL.
9.6 a. Nothing in the Conditions is to be interpreted as excluding, restricting or modifying any condition, warranty, right or liability implied in the Conditions or protected by law applicable to the sale of goods which cannot be so excluded, restricted or modified.
b. We do not accept responsibility for any loss, damage, however caused, which You may directly or indirectly suffer in connection with Your use of the Website or any linked website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through the Website.
c. You acknowledge that:
i. prior to entering into the Conditions You have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of the Conditions and that prior to entering into the Conditions You have availed Yourself of that opportunity; and
ii. at no time prior to entering into the Conditions have You relied on Our skill or judgment and that it would be unreasonable for You to do so.
d. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to the Conditions (by virtue of any law relevant to the Conditions) is excluded.
10. SPECIFIC WARNINGS: USE OF WEBSITE
10.1 You must:
a. ensure that Your access to the Website is not illegal or prohibited by laws which apply to You; and
b. take Your own precautions to ensure that the process which You employ for accessing the Website do not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system and/or mobile device. For the removal of doubt, We do not accept responsibility for any interference or damage to Your own computer system or mobile device which arises in connection with Your use of the Website or any linked website.
10.2 Whilst We have no reason to believe that any information contained on the Website is inaccurate, We do not warrant the accuracy, adequacy or completeness of such information, nor do We undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by You upon the accuracy or currency of information contained on the Website.
10.3 We do not give you any assurances that any information contained on the Website will be suitable for Your purposes or that it will be error-free. You agree that You will not rely on the any such information or its availability and that any reliance You make will be on Your own independent assessments with the aid of qualified independent advice.
10.4 Details contained on the Website relating to Products or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those Products or services will satisfy the laws of any other country. It is Your responsibility to determine whether these details satisfy the laws of the jurisdiction where You reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, You may not order any goods or services from the Website.
10.5 You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to or alternation of Your transmissions or data or of information contained on Your computer system, mobile device or on the Website. We do not accept responsibility or liability of any nature for any such losses which You may sustain as a result of such activity.
10.6 You acknowledge and agree that We are not responsible for any other website You access by using links on the Website. In particular We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
11. YOUR OBLIGATIONS
a. not to use the Website for any illegal purpose and agree to use it in accordance with all relevant laws.
b. not to upload or transmit through the Website:
i. any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or mobile device;
ii. any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
c. You will not use the Website in any manner:
i. that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
ii. which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
d. that in the event that You have any right, claim or action against any Users arising out of that User's use of the Website, then You will pursue such right, claim or action independently of and without recourse to Us.
You agree to be fully responsible for (and fully indemnify Us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your electronic devises or internet access account.
13. OUR RIGHTS
13.1 We reserve the right to:
a. modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to You and You acknowledge and agree that We shall not be liable to You or any third party for any modification to or withdrawal of the Website.
b. change the Conditions from time to time, and Your continued use of the Website (or any part of) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website;
c. amend, delete and change orders, because of pricing errors or for any other reason.
13.2 We will use our reasonable endeavours to maintain the Website. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for whatever reasons.
14. THIRD PARTY LINKS
You acknowledge and agree that We are not responsible for any other websites You access by using links on the Website. In particular We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of the Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Your access and/or removing any materials from the Website).
16. YOUR PERSONAL INFORMATION
17. INTELLECTUAL PROPERTY AND RIGHT TO USE
17.1 Copyright, trademarks and all other intellectual property rights in all material or content on the Website (including without limitation text, graphics, logos, icons, sound recordings and software) is owned or licensed by Us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), You agree that You may not in any form or by any means:
a. copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website;
b. commercialise any information, Products or services obtained from any part of the Website,
without Our prior written permission.
17.2 You may however print a copy of any information contained on the Website for Your personal use.
18. FORCE MAJEURE
18.1 We are not liable in any way howsoever arising under the Agreement to the extent that We are prevented or hindered from acting by events beyond Our reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war (force majeure).
18.2 If an event of force majeure occurs, We may suspend or terminate the Agreement by notice to You.
19. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to us. Any information which you transmit to Us is transmitted at your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information. You agree that You will not share Your password, let anyone else access Your account, or do anything that might put the security of Your account at risk. We reserve the right to remove Your username or similar identifier in respect of Your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from Your use of the Website.
20. TERMINATION OF ACCESS
Access to the Website may be terminated by Us at any time without notice. Clause 9 will nevertheless survive any such termination.
21.1 You may send Us notices under or in connection with the Conditions:
a. by post to PO Box 16, Margate, Tasmania, 7054; or
b. by email via our CONTACT FORM available from the Website.
21.2 As proof of sending does not guarantee Our receipt of Your notice, You must check that You have received an acknowledgement from Us, which will be sent within 3 working days of Our receipt and should be retained by You.
21.3 We will send notices to You by email to the email address provided by You.
If any part of the Conditions are held to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of the remaining provisions of the Conditions.
Our failure to enforce any of the Conditions shall not be construed as a waiver of any of Our rights.
24. ENTIRE AGREEMENT
The Conditions contain the entire agreement between You and Us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of the Conditions. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions save that Your agreement contained in this provision 24 shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of Tasmania, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.