The following terms constitute an agreement between you and IsoWhey, the operator of the Site ("we" or "us"). This agreement ("Terms and Conditions") governs your use of the Site, both as a casual visitor and as a member. By using the service, and/or by registering with us, you signify that you agree to these Terms and Conditions, including that you agree to transact with us electronically, that you consent to the information practices disclosed in the privacy authority below, and that you consent to resolve in the State of New South Wales, Australia any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties.
1. Changes to These Terms and Conditions
We may change these Terms and Conditions at any time, as we deem appropriate. If changes are made, we will make note on the Site that the Terms and Conditions have been updated. If you disagree with the changes to these Terms and Conditions, discontinue your use of the Site, or if you have registered as a member, cancel your registration. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms and Conditions regularly.
When you register you are required to provide your name, email address, date of birth and a password. These are your credentials for accessing Services that are only available to members ("Credentials").
3. Privacy and Personal Information
Payment of invoices is only available via MasterCard or Visa. We reserve the right to charge a surcharge in respect of payments made by credit card.
5. Your Responsibilities
You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorised access to any services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
6. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions.
8. Links to Other Sites
The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
9. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
10. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.
11. Linking To This Website
You generally do not need to obtain permission from IsoWhey to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.
We may offer competitions on the Site. Competitions shall be governed by specific rules accessible from the page offering the competitions and will be presented to you at the time you choose to participate.
Our products may not be advertised without prior aurthorisation from us. This applies to in print or electronic media.
14. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws.
15. We Make No Warranties
We provide the site and the services "as is", "with all faults" and "as available." we and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by an IsoWhey representative shall create a warranty. You use the site and the services at your own risk.
16. We Do Not Provide Medical Advice
This site and the services offer health, fitness and nutritional information, but are designed for educational purposes only. You should not rely on this information as a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a health-care professional.
17. General Limitation of Liability
Your sole and exclusive remedy for any dispute with us or our contributors is the cancellation of your registration. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your use of the applicable Service.
21. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
22. Choice of Law and Location for Resolving Disputes
You agree that the law of the State of New South Wales, Australia governs these Terms and Conditions and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, IsoWhey. No right, license or interest to such trademarks is granted by this Agreement.
24. Postage and Delivery
A freight charge of $12.50 plus GST will apply to all orders less than $40 plus GST within Australia. Special delivery request or arrangements may incur additional delivery charges. Freight costs associated with international shipments will be applied to your account unless specific agreement is made to the contrary.
Each order you place is a separate contract, governed by these Terms and Conditions as amended from time to time. Please contact us within 7 days of receipt regarding any problems with your order. For any returns, IsoWhey must grant approval where either a replacement or credit will be organised. You must have available the invoice number, product, batch numbers, quantity and reason for return when you call or email. If you return any product otherwise than in accordance with the above conditions, we will dispose of them as seen fit, however you will remain liable to us for their full price.