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Welcome to the Fuel My Fitness website and social media channels (collectively referred to as the “Site”). The following “Terms and Conditions” form a legally binding agreement between You and Us. You acknowledge and agree that these Terms and Conditions apply to Your access to, and use of, this Site (including the purchase of goods using this Site) and the Service. In accessing or using this Site and the Service, You acknowledge that You have read and understood, and agree to be bound by, these Terms and Conditions. If You do not accept these Terms and Conditions, then You must refrain from accessing and using this Site and the Service and from purchasing any goods using the Site.
1. Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time and without notice to you. Any amendments are automatically incorporated into and form part of these terms and conditions. Please read these terms and conditions carefully each time you use the Site and if you do not agree to these terms and conditions, you must not access or use the Site.
2. Access and use
The Site, the Service and the provision goods for sale are intended for personal use only and may not be sold, redistributed or used for any commercial purpose. To access some parts of the Site and to use the Service, You must become a Registered User. You may have limited access to browse and use certain features of the Site without becoming a Registered User.
To become a Registered User, You must be at least 18 years of age and must provide Us with Your personal information (including, without limitation, Your name and e-mail address). To use the Service, You may be required to login using Your email address and a password nominated by You. You are entirely responsible to maintain the confidentiality of Your password and You are responsible for Your use (or of any person using Your email address and password) of the Site and the Service. You may change Your password at any time by following instructions on the Site.
By accessing and using the Site or the Service, You assume all risks associated with such access and use. To the fullest extent permitted by law, We do not represent or warrant that the Site or the Services generally available through the Site will be uninterrupted, error-free or defect-free or that errors or defects in the Site or the Service will be corrected. We do not represent or warrant to You that any electronic files available through the Site or the Service will be free of Harmful Code.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security. You must take Your own precautions to ensure that the processes taken by You to access this Site and the Service do not expose You to the risks of Harmful Code.
6. Change to Site or Service
We reserve the right to make any changes to the Site or the Service as considered by Us necessary or desirable, at any time, without notice.
7. Lawful use
You must use the Site and the Service for lawful purposes only and ensure that Your access to, or use of, the Site and the Service is not illegal or prohibited by law. You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
8. Misuse and interference
You must not: (a) attempt to gain unauthorised access to any part of the Site or the Service; (b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Service; (c) disable any protection software associated with the Site or the Service; (d) send or store any Harmful Code; (e) use any feature of the Site or the Service or any other means to send unsolicited commercial correspondence to Site Users, whether individually or as a group; (f) solicit any business from any other Site User or buy or sell (or attempt to buy or sell) products and/or services through the Site or the Service. To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Site User's misuse of any User Content Posted by You on the Site.
9. Prohibited User Content
You must not Post any User Content that: (a) may infringe the rights of any other person, including without limitation Intellectual Property rights; (b) may defame another person; (c) may disclose a person's confidential information; (d) is not accurate, complete or current or may otherwise mislead or deceive other persons; (e) may contravene Your privacy obligations or any other person's privacy obligations; (f) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person; (g) is threatening, offensive or abusive or is intended or likely to threaten, offend or abuse another Site User; or (h) is otherwise, in Our view, inappropriate.
10. Ownership of User Content
11. Review and modification of User Content
We reserve the right to review User Content prior to publication on the Site or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where, in Our opinion the User Content does not comply with these Terms and Conditions. We do not undertake to monitor, moderate or otherwise review User Content and in the event that We do monitor, moderate or otherwise review User Content, We give no warranty or undertaking that such actions will be complete or will be performed with due care and skill or on a regular or ongoing basis.
12. Information on the Site
Whilst We make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information or materials on the Site, including without limitation User Content and the Materials. In particular, We note that all information on the Site is of a general nature and is not intended in any way to replace professional dietary or medical advice. We do not make any representations or give any guarantees as to the suitability of the goods made available through the Site for any dietary requirements, medical conditions or allergies. You are responsible for Your use of any information, materials or goods obtained from the Site. You should make Your own enquiries to check if the information or materials on the Site are accurate, complete and such information or materials, or goods made available through the Site, are suitable for Your intended use. You acknowledge that any promotional and marketing material on the Site (including images, photographs and descriptions of products) is not a representation of what is in the monthly Box and You accept that: (a) products on the Site may differ in visual appearance and packaging to the products in the monthly Box; (b) products in the monthly Box may be derivatives, samples, smaller or larger versions of the products on the Site; and (c) the combination of products on the Site may not be the same combination of products that are included in a monthly Box and that the combination of products that is included in a Box is at Our sole discretion. The Site may contain information or materials that include the views or recommendations of others that are not necessarily Our views. In particular We do not endorse the views Posted by any Registered User. All User Content expresses the views of the relevant author and does not necessarily reflect Our views or indicate Our support of, or commitment to, any matter, including a particular course of action. Moreover all User Content does not constitute advice by Us or a recommendation by Us as to a particular matter or course of action. The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.
13. Online orders
You must be at least 18 years of age to purchase any goods and/or services via the Site. You may purchase a 1, 3, 6 or 12 month subscription for a monthly Box containing a group of products as determined by Us. You hereby acknowledge and agree that Your subscription for purchase of Boxes via the Site represents an offer by You to purchase such goods at the price specified on the Site at the time of placing Your order and on the terms set out in these Terms and Conditions. We reserve the right to accept or reject any order placed by You in whole or in part for any reason, including without limitation the unavailability of products. Your contract with Us for the purchase of any goods and/or services via the Site is formed when We advise that Your order has been accepted and receipt of Your payment of the initial subscription price is confirmed by Us. You cannot cancel an order after acceptance by Us (including as a result of any delay in delivery) except as provided in these Terms and Conditions or otherwise with Our written agreement, which can be withheld in exercise of Our sole discretion. All subscriptions automatically renew until cancelled by You through the Site. You may cancel your subscription at any time. However, unless a subscription is cancelled at least 2 days before its next renewal date, it will automatically renew for a further subscription period and Your credit card will be charged the subscription price for that subscription on the date of renewal. If you cancel your subscription, you will not be entitled to a whole or partial refund of the subscription price that you have already paid. We will provide a full or partial refund of your subscription price if We are not able to fulfil your subscription in whole or in part. The amount of your subscription price that is refunded will be pro-rated for the number of Boxes that You have received. By placing an order via the Site, You represent and warrant that You do not intend to resell the goods ordered. If You intend to resell the goods ordered, You are not permitted to place an order via the Site. We may reject any such order placed by You at any time, despite any initial acceptance of Your order, where We reasonably consider that You are purchasing Our goods for resale purposes. You are responsible for providing accurate order details, including Your contact information, delivery address and credit card details at the time of ordering.
14. Prices and payment for subscriptions
All prices shown on the Site are in Australian dollars and are inclusive of GST. Unless stated otherwise on the Site, the price for goods will include packaging and shipping to you. We will charge You, and You agree to pay, the initial subscription price at the time of placing Your order. You also authorise Us to process payment for the subsequent renewals of Your subscription until such time as You cancel Your subscription (according to the cancellation terms above). Prices for Our goods and services are subject to change from time to time. If We are unable to successfully process payment of Your order, We may reject or cancel Your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. Your payment to Us of the initial subscription price will be processed on the same day that You place Your order via the Site. Subsequent subscription renewal payments will be processed on the 2nd of the month. This payment will be processed on a monthly basis for monthly subscriptions, every 3 months for 3-month subscriptions, every 6 months for 6-month subscriptions and every 12 months for 12-month subscriptions. It is Your responsibility to ensure your credit card details are accurate and current. If We are unable to successfully process payment of any subscription price at the time of placement, or renewal, of your subscription, We may cancel Your subscription. We may offer promotional discounts from time to time. You must agree to the terms of the promotion in order to receive the discount. The prices of products on the information card included in each box are indicative only and Fuel My Fitness does not guarantee the price of products are correct.
15. International orders
Unless We notify You otherwise, We will not accept orders for delivery outside of Australia and our goods and services are not available for delivery outside of Australia.
16. Delivery of online orders
We estimate that all monthly Boxes will be delivered to you by the End of each month. Whilst We will use Our reasonable endeavours to effect delivery by such time, We do not provide any guarantee that delivery will be effected by such time, and We will not be held accountable or liable for any delays in delivery. When You commence Your subscription, You should review the countdown timer on the top of the home page of the Site which indicates the cut-off date for ordering the next available Box. It is Your responsibility to advise Us if a Box does not arrive. Once We are made aware of the non-delivery of a Box, We will make enquiries of Our delivery provider to ascertain the cause of the delay. You acknowledge that all boxes delivered to You from Us will be delivered using a third party carrier and you accept that all title in and risk to the Box will pass to You upon the third party carrier being given possession of the Box by Us. We accept no responsibility for goods lost in transit or goods lost, stolen or damaged after delivery. Any decision to replace goods ordered in such circumstances will be made by Us, on a case by case basis, in exercise of Our sole discretion. You are responsible for ensuring your shipping address is correct and current. Any changes to your shipping address must be notified to Us by the 16th of each month, in order for that month’s Box to be shipped to the correct address. We cannot be held responsible for incorrect delivery details provided by You. We may, by request and at Our own discretion, organise redelivery of returned boxes for an administration fee of $9.95 plus return delivery charges.
17. Returns of online orders
All products are checked for quality before dispatch and while We try our best to ensure that the goods are delivered to you in good condition, the goods may be damaged in the delivery process. If you intend to seek a replacement box or product you must email Us on [email protected], together with a picture of the damaged item, to obtain prior approval. If We assess the damage and at Our discretion agree to replace the box or product, You may at Your own cost return the damaged box or product to PO Box 787, Rozelle NSW 2039. We will replace the box and/or product as soon as practical. You accept that Fuel My Fitness will not refund any opened or used products. In the case where the product is sold out, Fuel My Fitness will provide you with an alternative product. We will not accept returns of items that are not faulty or damaged by Us. We will not provide a refund for any returned items supplied by Us unless required by law or in the exercise of our sole discretion.
18. Our database
When you sign up as a registered User or when you order goods via the Site We may add You to Our database. From time to time We may contact You about offers and new products. You can easily opt out of any further marketing communications by unsubscribing via a link which will be provided on all correspondence that We send to You or by putting a request in writing to Us.
To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with: (a) the goods; (b) Your access to, or use of, the Service, this Site, any User Content or any linked site; (c) any change in content of the Site; (d) any decision or action taken by You in reliance on any information or materials on the Site; or (e) the availability of the Site and the Service or any error or defect in the Site or the Service. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision)).
20. Implied terms
Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these Terms and Conditions is hereby excluded. Where the Australian Consumer Law or any other legislation implies in these Terms and Conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, to the maximum extent permitted by law, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods – the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services – the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
21. Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these Terms and Conditions if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with: (a) any User Content Posted by You; (b) any decision or action taken by You in reliance on any information or materials on the Site and any linked site; (c) any breach of these Terms and Conditions by You; (d) any wilful misconduct by You; or (e) any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, and icons) is owned by Us or third party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trademarks used on the Site are Our trademarks (registered or unregistered) or trademarks of third parties. You must not use any of Our trademarks or trademarks of third parties featured on the Site: (a) in, or as the whole or part of, Your own trademarks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the third party owners of the trade marks or the Site.
25. Linking to the Site
You may only insert a link to the Site if we provide Our prior written consent, which consent may be given in Our sole discretion and subject to such conditions as We require.
We may suspend or terminate your subscription if you are in breach of these Terms and Conditions, We further may suspend or terminate Your access to the Site for any reason, including if we believe that You are in breach of these Terms and Conditions. Termination of these Terms and Conditions will not end those provisions that are capable of surviving termination (including, without limitation, clauses 10, 11, 12, 19, 20, 22, 23, 24, 25, 26 and 27).
27. General provisions
Any waiver or relaxation, in whole or part, of any rights available to Us under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only). If any provision of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms and Conditions, in which case, the remainder of these Terms and Conditions shall nevertheless continue in full force. Nothing in these Terms and Conditions shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon Us in respect of Your use of the Site. The laws governing these Terms and Conditions will be the laws in the State of New South Wales; Australia and You irrevocably submit to the exclusive jurisdiction of the courts of that State.
In these Terms and Conditions, unless the context otherwise requires:
means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and the Posting of any User Content on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.
means a box containing a group of products determined by Us that is delivered to You on a monthly basis if you have a subscription.
means any computer virus, trojan, malware, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
means any registered or unregistered rights in any copyrights, patents, designs, inventions, discoveries, trademarks or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
means loss or damage of any kind, including without limitation special, exemplary or punitive loss or damage, loss of business or profits or any other consequential or indirect loss, or any liability to a third party.
means any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).
means to make available information and/or other materials on the Site.
means a Site User registered with the Service.
means the provision of discussion forums and other benefits for the use of Site Users, and in some cases, Registered Users, through the Site.
means the website operated by Us at www.fuelmyfitness.com.au along with Our social media channels and includes the functionality on the Site, for example, the ability to purchase goods.
means any person who has access to, or uses, the Site.
means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Us, or Posted on the Site, by a Site User.
We, Us, Our
means Fuel My Fitness Pty Ltd (ACN: 611 494 841) and all of its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)).
You, Yourself, Your
means any person, business, company or organisation who is a Site User.