Terms & Conditions

Welcome to www.biostrong.com.au, a website owned and operated by BIOSTRONG (ABN 30149565207).
TERMS AND CONDITIONS
 
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OVERVIEW
 
This website is operated by BIOSTRONG. Throughout the site, the terms “we”, “us” and “our” refer to BIOSTRONG. BIOSTRONG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
 
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 
DISCLAIMER
All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice of your medical or healthcare professional. You expressly agree that your use of the Site and any information on or available through the Site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law, BIOSTRONG gives no express or implied warranties and makes no representations in connection with any information contained on the Site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any health, nutritional, vitamin, supplement or related product you should seek the advice of a qualified medical or health professional to ensure such product is appropriate for your personal circumstances. You should not use or rely on any information on the Site for any purpose including without limitation in connection with the diagnosis or treatment of a medical or health condition. If you have or suspect that you have a medical or health condition you should immediately contact your doctor or qualified health professional.
LIMITATION OF LIABILITY
Subject to the provisions of relevant consumer protection legislation that cannot be excluded by law, BIOSTRONG accepts no liability in connection with any information on the Site being incorrect, incomplete or misleading in any respect or for any product, good or service supplied or available via the Site. You agree that to the maximum extent permitted by law BIOSTRONG will not be liable to you or any other person for any loss, damage, cost or expense including any indirect or consequential loss, damage, cost or expense, however caused including due to breach of contract, negligence and/or breach of statute, which may be suffered or incurred or which may arise from or in connection with use of the Site, use of any product purchased or available through the Site, use of or reliance upon any of the information, products or materials contained on the Site, or our negligence or breach of any obligations under these Terms and Conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, BIOSTRONG’s liability will be limited at its discretion to the resupply of the relevant goods or service or a refund of the costs of those goods.
INTELLECTUAL PROPERTY
(a) Copyright and trademarks. Unless expressly specified otherwise, all material appearing on the Site (collectively, the “Content”) including all text, logos, graphics, design elements, photographs, images, data, typefaces, audio and video clips and all other content as well as the design and arrangement thereof is the property of BIOSTRONG or its content suppliers and is protected by copyright law. Certain Content including BIOSTRONG and all related product and service names together with all proprietary graphics, photographs and logos are registered and/or unregistered trademarks of BIOSTRONG and its related entities and may not be used in connection with any other product or service without BIOSTRONG’s express written consent. You acknowledge that all Content is protected by intellectual property rights and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.
(b) Use of the Site. You may use the Content and the Site solely for individual personal use in connection with the purchase of BIOSTRONG’s products and for no other purpose. No Content or other materials from the Site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without BIOSTRONG’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorised use of any Content or other materials available on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
(c) Links. The Site may include links to websites owned by other parties. BIOSTRONG does not endorse and is in no way responsible for any material or products contained on or any damage, offence or loss to any person visiting these websites. You may create a hyperlink to the Site provided the linked content or website does not portray BIOSTRONG, its products or any associated persons in a false, misleading, derogatory or offensive manner. If requested by BIOSTRONG you must immediately remove any hyperlink to the Site contained on your website or other digital content.
(d) Indemnity for use. You agree to indemnify and hold BIOSTRONG and its directors, officers, employees and representatives harmless from any claim or demand, including legal fees on a full indemnity basis, made by you or any third party due to or arising out of your use of the Site, any content you submit, post to or transmit through the Site, your connection to the Site, your breach of these Terms and Conditions or your infringement or violation of the rights of any person.
TERMS OF TRADE
When you place an order via the Site you agree and acknowledge as follows:
(a) Personal details. We will require you to provide personal information including your name, delivery address, email address, telephone contact and valid credit card or other relevant payment details. Personal information will be handled in accordance with BIOSTRONG‘s Privacy Policy as applicable from time to time. While we use reasonable security measures to protect your information we will not be liable for any misuse of this information due to an error in transmission, computer virus or malware or cyber-attack and we recommend that you regularly check to ensure your browser and internet connection are secure and your computer has up-to date virus software is installed.
(b) Prices and GST. Unless expressly stated otherwise, all prices on the Site are in Australian Dollars (AUD). We reserve the right to amend our prices at any time. At any time, prices may be subject to change and GST may be added due to current GST collection laws.
(c) Payment. You must pay the order amount in full together with any postage or shipping charge through the Site by credit card at the time of making the purchase offer with respect to the relevant goods. BIOSTRONG accepts major credit cards and any other valid payment methods as indicated to you via the Site at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.
(d) Postage. Postage will typically incur an additional charge calculated and notified to you at time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties as may apply to your delivery.
(e) Offer and Acceptance. Your order constitutes an offer to purchase with respect to each product comprising the order for the specified price. We will at our discretion accept or reject your offer, and if we have not responded to you within 3 days your offer is deemed to be rejected. If we do not accept your offer for any reason neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. BIOSTRONG is not required to give reasons for non-acceptance of an offer.
(f) Availability. We give no undertaking as to the availability of any product advertised on the Site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.
(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
(h) Delivery. The estimated date delivery time of your order will be notified to you at the time of purchase, and if no estimated delivery time is provided will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.
(i) Eligibility. Our products are for sale to adults over 18 years in age. By making a purchase on the Site you represent and warrant that you are over 18 years of age, and we may require you to confirm your age in connection with your use of the Site.
(j) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.
(k) Returns. All sales are final. Subject to these Terms and Conditions and applicable laws, due to health and safety issues items purchased on the Site cannot be returned to or exchanged with BIOSTRONG.
(l) Order cancellation due to error. If a product is listed on the Site at an incorrect price or with incorrect descriptive information or images due to typographical error or similar oversight at the time of purchase, we will notify you and reserve the right to cancel the transaction. If your credit card has been charged, we agree to provide a full refund for the total amount debited.
(m) Limited purchase quantities. BIOSTRONG reserves the right to monitor, restrict and/or limit sales or the purchase quantities of products at its sole discretion. BIOSTRONG reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases BIOSTRONG will reduce product(s) to what BIOSTRONG considers a non-commercial quantity.
(n) International destinations. BIOSTRONG currently only ship to street addresses in Australia.
(o) Force majeure. If BIOSTRONG is delayed or prevented from performing any of its obligations under these Terms and Conditions by reason of any event or circumstance beyond its reasonable control BIOSTRONG will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
 
SECTION 1 - ONLINE STORE TERMS
 
By agreeing to these Terms of Service, you represent that you are at least 18 YEARS OF AGE.
 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
 
You must not transmit any worms or viruses or any code of a destructive nature.
 
A breach or violation of any of the Terms will result in an immediate termination of your Services.
 
 
SECTION 2 - GENERAL CONDITIONS
 
We reserve the right to refuse service to anyone for any reason at any time.
 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 
 
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
 
 
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
 
Prices for our products are subject to change without notice.
 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
 
 
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 
 
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
 
For more detail, please review our Returns Policy.
 
 
SECTION 7 - OPTIONAL TOOLS
 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
 
 
SECTION 8 - THIRD-PARTY LINKS
 
Certain content, products and services available via our Service may include materials from third-parties.
 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 
 
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 
 
SECTION 10 - PERSONAL INFORMATION
 
Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy can be found on our website.
 
 
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 
 
 
SECTION 12 - PROHIBITED USES
 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 
 
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall BIOSTRONG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 
 
 
SECTION 14 - INDEMNIFICATION
 
You agree to indemnify, defend and hold harmless BIOSTRONG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 
 
SECTION 15 - SEVERABILITY
 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 
 
SECTION 16 - TERMINATION
 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
 
 
SECTION 17 - ENTIRE AGREEMENT
 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 
 
SECTION 18 - GOVERNING LAW
 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.
 
 
SECTION 19 - CHANGES TO TERMS OF SERVICE
 
You can review the most current version of the Terms of Service at any time at this page.
 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 
 
SECTION 20 - CONTACT INFORMATION
 
Questions about the Terms of Service should be sent to us at hello@biostrong.com.au