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AB Performance Nutrition Terms & Conditions

These terms and conditions are the contract between you and Annabelle Buttery trading as AB PERFORMANCE NUTRITION (“us”, “we”, “Our”). By visiting or using Our Website, you agree to be bound by them. We are AB PERFORMANCE NUTRITION, a business registered in Australia, with Australian Business Number [ABN]. Our address is [address].

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms:

Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

“AB Performance Nutrition Subscription Membership”

 

means any service we provide, whether through Our Website or otherwise. It includes the subscription membership service we provide as set out on Our Website and in this contract.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Services”

means all of the services available from Our Website, whether free or charged.

“Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

  1. Our contract

    1. These terms and conditions regulate the business relationship between you and us. By buying AB Performance Nutrition Subscription Membership or using Our Website free of charge, you agree to be bound by them.

    2. We do not offer the Services in any Country other than the Commonwealth of Australia. We may refuse to provide the Services if you live or reside in a country other than the Commonwealth of Australia.

    3. In entering into this contract you confirm to us that you are at least 18 years of age and have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.

    4. You acknowledge and agree that our Services are of a general nutritional nature to assist users implement lifestyle changes through a healthy balanced and sustainable dietary pattern. The services we provide are general in nature and in no way should they be construed as an alternative to obtaining specific professional dietary or medical advice. If you are in any doubt as to your condition or suitability of Our Services you should seek specific advice from a current licensed professional medical practitioner before entering into Our Services.

    5. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.

    6. Our contract with you and licence to you lasts for three months. Any continuation by us or by you after the expiry of three months is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.

    7. The contract between us comes into existence when we receive payment from you for a Service.

OR

    1. The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.

    2. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

    3. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

  1. Your account and personal information

    1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

    2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

    3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

  2. AB Performance Nutrition Subscription Membership

    1. Details of the cost and benefits of AB Performance Nutrition Subscription Membership are as set out on Our Website. You may subscribe to AB Performance Nutrition Subscription Membership Services at any time for at different plans for “Fuelling for Life” , “Fuelling for Performance”, “Fuelling for Athletic Performance” or “The Ultimate Performer” for a minimum three months’ membership subscription.

    2. You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to provide the AB Performance Nutrition Subscription Membership Service. You know that by doing so, you may not be entitled to a refund.

    3. Termination of AB Performance Nutrition Membership will be regulated by this contract set out in paragraph 9 below.

    4. You may not transfer your AB Performance Nutrition Subscription Membership to any other person.

    5. We reserve the right to modify the AB Performance Nutrition Subscription Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the AB Performance Nutrition Subscription Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.

  3. Prices

    1. The price payable for Services that you order is clearly set out on Our Website.

    2. Prices are inclusive of any applicable goods and services tax or other sales tax.

    3. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

  4. Renewal payments

    1. At least [two] weeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your AB Performance Nutrition Subscription Membership and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.

    2. At any time before expiry of your AB Performance Nutrition Subscription Membership, you may use [the “My Account” tab on] Our Website to access your personal information and [change your requirements for Services or] cancel renewal.

    3. At expiry of your AB Performance Nutrition Subscription Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your AB Performance Nutrition Subscription Membership for a further period by sending you an email message.

    4. Other than the limitation set out above AB Performance Nutrition Subscription Membership is non-refundable and non-transferable.

  5. Security of your credit card

We take care to make Our Website safe for you to use.

    1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

    2. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

  1. Security of Our Website

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

    2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed  Our Website by typing the URL into a standard browser;

    3. download any part of Our Website, without our express written consent;

    4. collect or use any product listings, descriptions, or prices;

    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

    7. share with a third party any login credentials to Our Website.

    8. Despite the above terms, we now grant a licence to you to:

      1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

      2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

  1. Disclaimers

    1. This paragraph applies so far as the applicable law allows.

    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

    3. The AB Performance Nutrition Website and AB Performance Nutrition Services are provided “as is”. We make no representation or warranty that the Services will be useful to you, of satisfactory quality, fit for a particular purpose, available or accessible, without interruption, or without error;

    4. Neither use of the Services nor the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.

    5. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

    6. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

    7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.

  2. Duration and termination

    1. This agreement shall operate for the period for which you have subscribed to AB Performance Nutrition Subscription Membership Service.

    2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.

OR

    1. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

    2. Termination by either party shall have the following effects:

      1. your right to use the Services immediately ceases;

      2. we are under no obligation to forward any unread or unsent messages to you or any third party.

    3. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.

    4. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.

    5. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

  1. Storage of data

    1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.

    2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

    3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

  2. Interruption to Services

    1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

    2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.

    3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

  3. Limitation of liability

    1. Subject to the Australian Consumer Law rights, our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be $175 in aggregate.

    2. Neither party shall be liable to the other in any possible way, for any loss or expense which is:

      1. indirect or consequential loss; or

      2. economic loss or other loss of turnover, profits, business or goodwill.

    3. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

  4. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

    1. any act, neglect or default of yours in connection with this agreement or your use of the Services;

    2. your breach of this agreement;

    3. your failure to comply with any law;

    4. a contractual claim arising from your use of the Services.

  1. Miscellaneous matters

    1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

    2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

    3. If you are in breach of any term of this agreement, we may:

      1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;

      2. terminate your account and refuse access to Our Website;

      3. remove or edit Content, or cancel any order at our discretion;

      4. issue a claim in any court.

    4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

    5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

    6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message].

    1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

    2. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

    3. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

    4. The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia and you agree that any dispute arising from it shall be litigated only in that State.

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