Terms and Conditions

This site is made available by NUTRITION 29 PTY LTD ABN 15 652 416 790 or its successors and assignees (referred to as “us”, “we” or “our” in these Terms & Conditions). It is available at: https://nutrition29.com/ (the “Site”) and may be available through other addrees or channels or on a platform hosted by a third party.

These Terms and Conditions (“Terms”) apply to your use of our website and services. Please read them carefully. You agree to be bound by these Terms by using our website.

We reserve the right in our absolute discretion at any time and without notice to amend, remove or vary the goods, the services or the Terms and/or any page of this Site.  Each time you use the Site, you should review and be aware of the current Terms.

If you do not agree to the Terms, you must not use our Site or our services.

INFORMATION​​

The information provided on this website is intended for general information purposes only. More detailed product information can be gained from information and leaflets provided with a relevant product. We recommend a medical professional be consulted for any medical advice.

Information available on this Site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.

COPYRIGHT

All content and material on this website is subject to applicable copyright laws in Australia and, under international treaties, laws of many other countries. Unless indicated otherwise, we own the copyright and all rights are reserved. Except as permitted in these Terms, you must not reproduce, transfer, copy, adapt, modify, republish, upload, post, transmit, distribute or store all or part of the contents of this site or incorporate any part of this website into another site without our express prior written consent.

The materials contained in this site are available in accordance with these Terms. In the event any such materials are altered or used in a way, which may cause loss to us or have an otherwise detrimental effect on our business, then in addition to other rights available at law, we can require you to immediately destroy the materials or return them to us.

INTELLECTUAL

We are the owner of and/or authorised user of all registered and unregistered trade marks, patents, copyrights, trade dress and other intellectual property appearing on this site unless indicated otherwise.

You should assume that all product names appearing on this site, whether or not appearing with a trademark symbol, are our trade marks. No use of any of our intellectual property may be made without our express prior written consent, except to identify our products or services. Your access to or use of this site does not constitute or create a licence or any other right to that intellectual property.

NO WARRANTIES

The goods, services and all included content provided by us and the Site are provided “as is” without any warranties, express or implied. While we use reasonable efforts to ensure the information located on this Site is accurate and up to date, we disclaim, to the fullest extent permitted at law, all express and implied warranties in relation to the completeness, accuracy or reliability of the contents of this Site including but not limited to warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising out of course of dealing. We further disclaim any and all liability related to your access or use of the Site or any related content. You acknowledge and agree that any access to or use of the Site is at your own risk. Information should be carefully evaluated by site visitors. We do not warrant that this website will be free from viruses. If you are dissatisfied with your access to this site, your sole remedy is to depart the site.

NO LIABILITY

To the fullest extent allowed by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, any loss of profits or revenues, or any loss of data, use, goodwill, or other intangible losses resulting from: (A) your access to, use of, inability to access, or inability to use this Site; (B) any third-party content or information on the Site including but not limited to any defamatory, offensive, or illegal conduct of third parties; (C) any computer virus transmitted through this Site.

In no event shall our aggregate liability for all claims:

1. if related to the services, exceed the total amount of fees received by us from you for the use of paid services during the past one month; and
2. if related to the supply of goods, exceed the total amount of price received by us from you for the goods placed in that purchase order.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis to our ability to make the services available to you on an economically feasible basis.

Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.

ACKNOWLEDGEMENT

You acknowledge that all goods purchased from us are intended for personal and non-commercial use only and will not be re-sold.

You acknowledge and agree that:

1. all pictures and images of goods displayed are for illustrative purposes only;
2. any accessory featured with the goods is for illustrative purposes only, and may be sold separately; and
3. where we provide dimensions and measurements in the description of a good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each product is suitable for your purpose.

CONSUMER GUARANTEES

If the product you have purchased from us does not comply with any Consumer Guarantees under the Competition and Consumer Act 2010 (Cth), you must inform us immediately. You can choose a refund or exchange.

You will need to provide proof of purchase to receive a refund or exchange.

LINKS

This Site may provide links or references to other sites but we have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Site. We do not endorse in any way the contents or materials contained on websites that may be linked to our Site. If you choose to visit the other sites, you do so at your own risk and should make your own enquiries before relying on any content contained on such other sites.

INDEMNITY

You agree that you will indemnify us against any loss, damage or cost incurred by us or arising out of your use of this website, including but not limited to information obtained from sites linked to ours, your transmission of information on or through our site or your violation of these Terms or any other laws, regulations or rules.

You further agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, expenses, and damages, including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party.

ACCESS

We grant you a limited licence to access this Site for personal use. We reserve the right to revise the content of, amend links from or withdraw your access to this Site at any time without notice. We will not be liable to you or any other party for termination of access to the Site.

INFORMATION YOU PROVIDE TO US

Any personally identifiable information in electronic communications to this site is governed by this site’s Privacy Policy. We shall be free to use or copy all other information in any such communications, including any data, questions, comments, suggestions, inventions, concepts, techniques or know-how, for any purposes without compensation to you. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

DISPUTE RESOLUTION

We’d like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with the use of the Site or our products, please contact us and we’ll work with you in good faith to try to resolve the matter. You agree not to commence any proceedings at any court before consulting the issue with us.

GOVERNING LAW

These Terms and your use and access to this Site will be governed by the laws of the State of New South Wales, Australia. You agree that the any dispute under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

ENTIRE AGREEMENT AND SEVERABILITY

The Terms, and the other materials incorporated by reference, constitute the full and entire agreement between you and us. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.

NO WAIVER

No waiver of any provision of these Terms shall be a further or continuing waiver of that term. Our failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.