Terms
and Conditions
This website, www.MyoPure.com.au (refered to as the Site),
is owned and operated by Muscle Brand Pty Ltd, trading as
MyoPure (refered to as MyoPure) — ABN 85 121 171 622
.
By using the Site you agree to be bound by
the following terms and conditions. Please read them carefully.
Your usage of the Site or placing an order with MyoPure indicates
your acceptance of these terms and conditions.
Copyright And Trademark Notice
Unless otherwise specified, all material appearing on this
site, including the text, site design, logos, graphics, icons
and images, photographs, graphics, typefaces and other material
(collectively "Content") as well as the selection,
assembly and arrangement thereof is subject to applicable
copyright laws.
Personal and Account Information
MyoPure considers all personal and account information you
provide us as private. The information is kept on a secure
server to protect it from outside parties. We use the information
only for the limited purposes of processing your orders, for
statistical purposes to improve our site and services to you,
to administer our site, and to notify you of products or special
offers that may be of interest to you. We do not store credit
card numbers. Your phone number may be added to the delivery
label to facilitate courier deliveries.
Cost Of Delivery
Our Delivery Policy constitutes
part of these Terms and Conditions. See our Delivery Policy
for further details.
Payment Methods
We accept Visa and Mastercard. There is no surcharge for using
your credit card purchases. We also accept payment via cheque,
money order or funds transfer.
Policy Of Refund
Any faulty or damaged stock received within 14 days will be
replaced at no charge. Any orders received incorrectly through
the fault of MyoPure, will be replaced at no additional charge
to the customer or a full refund of the initial charge. All
other products ordered incorrectly by the customer, can be
refunded if informed within 7 days of dispatch and unopened
on return. Postage costs will be incurred by the customer
were products are incorrectly ordered.
Contact Details
Please be sure to provide your exact billing address and telephone
number. Incorrect information may cause a delay in processing
your order.
Accepted Behaviour
You agree that you will not replicate or copy this site, break
the terms that you have agreed or enter the site other than
through public and secure access presented to you as a first
time user or a member
Our Rights
MyoPure may elect to electronically monitor areas of the Site
and may disclose any Content, records, or electronic communication
of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate
to operate the Site; or (iii) to protect our rights or property
or the rights of the users, our directors, employees, representatives,
sponsors, third party providers or licensors. We are not responsible
for screening, policing, editing, or monitoring such Content.
All
orders are subject to availability of stock.
MyoPure maintains the right to suspend or
terminate your access to all or some of the Site, without
notice, in our sole discretion.
Changes In Orders
We may not be able to make changes to orders once they have
been placed. However, if notified by the customer of an error
(by email) we will do our best to correct the order.
Errors Of Information Provided On The Site
In the event a product is listed at an incorrect price due
to an error in information received from our suppliers or
due to a data entry (typographical error), MyoPure. Shall
have the right to refuse or cancel any orders placed for product
listed at the incorrect price. This will also apply to any
such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled
MyoPure. Shall within 7 days issue a credit to your credit
card account in the amount of the incorrect price.
Product Information
Prices of goods and services and delivery and other charges
displayed on the MyoPure.com.au website are current at the
time of display. These prices are subject to variation without
notice. We will always attempt to be as accurate as possible
with our product descriptions and pricing. However, we are
unable to warrant that product descriptions or other content
of the website is accurate, complete, reliable, current or
error free.
Copyright
Copyright in the MyoPure.com.au website is property of musclebrand
and associates. Material on this website also comprises copyright
material, trademarks and registered trademarks which are the
property of musclebrand and third parties. This property may
only be used for the purposes of browsing the website and
acquiring goods and services of MyoPure
Termination
These terms are effective even if this Agreement is terminated
by either party. Subject to applicable law, we reserve the
right to suspend or deny, in our sole discretion, your access
to all or any portion of the Site with or without notice.
You agree that any termination of your access to the Site
may be effected without prior notice, and acknowledge and
agree that we may immediately deactivate or delete your registration
and all related information and files under your registration
and bar any further access to such files or the Site. Further,
you agree that we shall not be liable to you or any third-party
for any termination of your access to the Site.
Privacy
We treat all customer information in accordance with our Privacy
Policy. Our Privacy Policy constitutes part of these Terms
and Conditions. See Privacy Policy for further details.
Release and Indemnity
You agree to waive any and all claims that you now have or
may have in the future against MyoPure and MyoPure's Associates
which relate to or are incidental to any transaction. You
agree to indemnify and hold MyoPure harmless from and against
any and all claims, loss or expense that may be incurred by
MyoPure or MyoPure 's Associates which relate to or are incidental
to the performance of its duties as described in these Terms
and Conditions including all costs of defending itself against
a claim by any other person and/or as a result of you taking
any action or refraining from taking any action or instituting
or defending any action or legal proceeding. You further agree
to indemnify and hold MyoPure and MyoPure's Associates harmless
from any claim made by any third party due to or arising out
of your use of the Site, the violation of these Terms and
Conditions by you, or the infringement by you, or other users
of this website using your membership account, of any intellectual
property or other right of any person or entity.
Medical
Disclaimer
Nothing contained in the Site is intended to be or
should be taken for medical diagnosis or treatment.
All information on the Site is for the purposes of general
knowledge and entertainment only. It is not a substitute for
nor does it constitute medical advice.
Always
seek the advice of your General Practitioner, other medical
practitioner or qualified health provider when starting any
new health or nutritional treatment or program, continuing
medical treatment or with any questions you may have regarding
your or anyone elses medical condition.
Disclaimer
For Products Sold
Except as expressly stated herein, MyoPure makes no representations
or warranties, either express or implied, of any kind with
respect to products sold on the site. In no event shall MyoPure
its directors, officers, employees and representatives be
liable for special, indirect, consequential or punitive damages
related to the product sold.
To
the fullest extent permitted by applicable law, MyoPure disclaims
all representations and warranties, express or implied, including
but not limited to implied warranties of merchantability and
fitness for a particular purpose and non-infringement. MyoPure
makes no warranty that this website, any information or ideas
contained on this website or any products or services will
meet your requirements. You expressly acknowledge and agree
that, subject to the section dealing with "Limitation
of Liability", MyoPure will not be liable to you or any
other person for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited
to damages for product liability, personal injury or negligence
resulting from use of goods or services supplied to you, or
on behalf of you, through the Site.
Limitation
of Liability
Any
liability of MyoPure or our associates with regards to goods
or services supplied will, subject to any non-excludable liabilities
specified by legislation, be limited to replacing the goods
or repairing the goods or refunding the original purchase
price of the goods once they have been returned.
Applicable
Law
As far as legally possible this Agreement, its terms and conditions
and the Use of this Site shall be governed by the laws in
existence from time to time in Australia. You agree any claim
relating to the Site and our service can only be dealt with
in a court in Sydney in the state of NSW, Australia.
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