Our Business (‘Seller’) hereby agrees to sell, and You (‘Buyer’) hereby agree to purchase, goods of the description and quantity described on the checkout window (‘Checkout’) and incorporated herein by this reference (‘Goods’) on the terms and conditions set forth in this Agreement.
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
Seller supplies as its sole warranty the following:
Goods purchased from this website shall be free from defects for a period of time, please contact us to find out more detail about our warranties and the period of validity for the specific product you are buying.
The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE ‘SELLER AFFILIATES’) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
We keep your information safe so enjoy exploring our website!
This http://www.Instinctsportsnutrition.com.au website (’Website’) is operated by Instinct Sports Nutrition (’Company’) and this policy applies to all websites owned, operated, controlled and otherwise made available by Company, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites). Our office address is:
Instinct Sports Nutrition Pty Ltd
Address: 102 Gosport St, Hemmant QLD 4174
Phone:(07) 3348 2107
Like many websites, we gather information about how visitors use this Website. We also gather information about you from services other than a website including, but not limited to, the telephone, internet, mail and trade shows. In general, you can visit many of the web pages on this Website without telling us who you are or revealing any personal information about yourself. We, however, may track your Internet Protocol (IP) address and other anonymous information from your web browser for trends and statistics (including, but not limited to, browser version, pages requested and pages visited), but you will remain anonymous unless you provide us with personal information during your visit to this Website or during an earlier or subsequent visit and we are able to link your IP address between your current visit and one of these other visits.
In addition to anonymous information, we also collect personal information from you at this Website when you voluntarily submit it to us. We request personal information from you (which may include your name, address, telephone number, email address, gender, year of birth, and when necessary, credit card information) when you:
We also collect information about your activities on and through this Website from our third party business partners, suppliers, vendors and other agents.
You may choose not to provide us with any personal information. In such event, you can still access and use many portions of this Website; however, you will not be able to access and use those portions of this Website or the services available on or through this Website that require your personal information.
We may use the information we collect to:
Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent your personal information to any third party.
We will disclose your personal information to third parties if you have previously consented to such disclosures and in special circumstances, including, but not limited to, the sale of the Company or any portion thereof; during the due diligence in connection with a potential sale of the Company or any portion thereof; during any bankruptcy, insolvency or liquidation of the Company; or in other similar circumstances.
For the purpose of operating our business and providing you with certain services and products and to process your purchases, shipments and payments, we may disclose your personal information to one or more of our business partners, distributors, suppliers, affiliates, service providers or other third parties who are assisting the Company in performing such services. Without limiting the foregoing, these third parties may provide the Company with payment processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such parties with the personal information they need to perform their respective services and we use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it.
We may also provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever.
Protecting Your Information
We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, no system connected to the internet can be guaranteed to be 100% secure.
We use commercially reasonable effort to safeguard and secure the transmission of your personal information from your computer to our computers. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.
Cookies and Pixel Tags
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your web browser settings. If you turn cookies off, you won’t have access to many features that make your visit to this Website more efficient and enjoyable, and in some cases, some of our services will not function or will function with limited capability.
We also may use pixel tags – tiny graphic images – to help us analyze your online behavior and information about visitors to this Website and our customers. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.
Refer a Friend
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. The Company collects the email address of your friend for the purpose of automatically sending the friend an email inviting them to visit the site.
Children’s Online Privacy
We do not knowingly collect personal information from children under the age of 13. This Website is not intended to solicit information of any kind from children under the age of 13, and we have made commercially reasonable efforts to design this Website to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of personal information belonging to a child under the age of 13, please do so by contacting us using the contact details or contact form on the Contact Us page of this Website.
Email Marketing Practices
We use commercial reasonable efforts to comply with applicable e-mail regulations.
Chat Rooms and Forums
This Website may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or ’spam’ from others. The Company cannot safeguard the privacy of personal information that is disclosed online in this manner.
Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us.To modify or delete any or all of the personal information you have provided to us, please login and update your profile.
You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email by using the contact form on the Contact Us page.
In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Website Terms and Conditions of Use Agreement, we may retain in our files information you have requested to remove. Further, your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.
We reserve the right to send you certain communications related to this Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.
Phishing is the illegal attempt to mislead people into providing personal or financial information, including credit card numbers, login IDs, passwords and Social Security numbers, via email or through fraudulent websites. The most frequent phishing attacks occur through email disguised to appear as though it came from a reputable company. Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake website that appears to be legitimate.
Do not provide your personal or financial information in response to an email request or after clicking on a link from an email. The Company does not ask for this type of information through an email communication.
To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.
To learn more about phishing scams, you may wish to visit www.antiphishing.org or www.antiphishing.org
Some sections of this Website may require you to set up a user ID and password. We recommend that you do not divulge your password to anyone. The Company will never ask you for your password in an unsolicited telephone call or email. If you suspect you have received a fraudulent email from the Company or any of its affiliates, please contact us immediately by using the contact form and or email on the Contact Us page of this Website.
Terms and Conditions of Use
The Company has a Terms and Conditions of Use that sets forth the terms and conditions under which we provide products, services and information to you from this Website. Please review the terms and conditions governing your use of, and access to, this Website. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.
Questions and Feedback
Questions? Email us – email@example.com