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 80 306 929 245 — 12 Hopetoun St, Petersham, NSW 2049.
All prices are in Australian dollars and include GST were applicable (unless otherwise stated).
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.
1) 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.
2) 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.
3) Cost Of Delivery
Our Delivery Policy constitutes part of these Terms and Conditions. See our Delivery Policy for further details.
4) 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.
5) Policy Of Refund or Return
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.
Where a package is delivered to a business address MyoPures responsibility for the delivery ends once anyone at that address signs for the package.
No returns will be accepted without prior arrangement with MyoPure
Subject to any requirement by the laws of Australia and the State of New South Wales, the customer shall not be entitled to a refund of the purchase price due to a change of mind or other circumstances except were a product is sold with a specific ‘money-back’ guarantee.
6) Contact Details
Please be sure to provide your exact billing address and telephone number. Incorrect information may cause a delay in processing your order.
7) 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
8) 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.
9) 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.
10) 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.
11) 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 in the MyoPure.com.au website is property of Muscle Brand Pty Ltd 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
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.
15) 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.
16) 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.
17) 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.
18) 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.
19) 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.