TERMS & CONDITIONS

These terms and conditions apply to the supply of Products and services from this Website. By ordering any Products from this Website you agree to be bound by the conditions as set out in this Agreement. You must accept these conditions before ordering any Products from the Website.
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 limited to these Terms of Service.
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.

DEFINITIONS & INTERPRETATION

Definitions

In this Agreement, unless the context indicates otherwise: –
“Agreement” means the agreement constituted by the terms set out in this document between you and us and includes any variation to this Agreement.
“Associates” has the meaning given in the Corporations Act 2001 (Cth).
“Consequential Loss” includes, without limitation: –

• loss of profits
• loss of revenue
• loss of data
• lost production
• loss of business
• loss of the benefit of any contract or other agreement or arrangement
• losses which do not arise naturally from a breach of contract in the usual course.
• death or personal injury
• damage to health.
• damage to reputation and
• legal costs

“Linked Websites” has the meaning given to that term in clause 5(a).
“Products” are any goods offered for sale on the Website or supplied or promoted by us.
“We”, “us” and “our” are references to Supps Spot Ty Ltd ACN 666 403 809 and any Associates of those companies, and each of them severally.
“Website”means the Nutrition Warehouse website at www.suppsspotcom.au.
“You” and “your” are references to either a user of the Website or a purchaser or prospective purchaser of the Products.

CONDITIONS FOR ORDERING

We do not offer to sell any Products for delivery or use outside of Australia.
If you purchase or use any Products, you: –

• warrant and represent that you are at least 18 years of age.
• are ordering the Products for consumption in Australia.
• warrant, represent and agree that you have sought, and will continue to seek, advice from independent, appropriately qualified, and licensed health practitioners relating to your proposed use of any Products.
• warrant, represent and agree that you will only use Products and any information obtained from the Website in accordance with the advice and supervision of independent, appropriately qualified, and licensed health practitioners and
• warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.

USE OF INFORMATION

• All information provided by us on the Website or on or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.
• We do not make any representations or warranties that any information we provide is reliable, up-to-date, accurate, complete, or suitable for any particular purpose or that your access to the Website will be uninterrupted, timely or secure.
• We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products.
• Your use of information provided on the Website, and any Products, is entirely at your own risk.
• You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website. In addition, you may not commercialise any Products, or any information or materials downloaded from the Website.

INTELLECTUAL PROPERTY

The trade marks SUPPS SPOT, the supps spot logo and the other trade marks and logos on our Products are our property.
You must not use any of our trade marks without our written permission.
Without limiting clauses 4(b)(i) or 4(b)(ii), you agree that you will not use any of our trade marks:-
– in or as the whole or part of your own trade marks
– on your website or in any marketing or promotional materials or
– in connection with activities, products or services that are not ours.

Third party rights

Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. In relation to the intellectual property of another content provider, you may:-

• not copy, modify, publish, transmit , transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of it, in whole or in part;
• download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in that material; and
• not store electronically any significant portion of any Website content.

Linked websites

• The Website may contain links to third party websites (“Linked Websites”). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
• We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure
• Links to particular items are not to be construed as endorsements by us of any views expressed, products or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
• Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to our contained on Linked Websites, unless and to the extent expressly stipulated to the contrary.

VARIATION

We may vary the terms of this Agreement at any time by altering the “Terms & Conditions” as displayed on the Website, in which case changes will be effective immediately upon notification on the Website.

PRIVACY POLICY

We undertake to:-

• deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
• otherwise to comply with, the terms of our privacy statement which is available at Privacy Statement.

Security of information

• Information is also collected by our payment gateway service providers. No data transmission over the internet can be guaranteed as totally secure.
• Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.

Disclaimer

We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:-

• your use of this Website
• any Linked Websites or
• your use or reliance on information contained on or accessed through this Website

System Security

1. You must not, and you must not permit any other person to:-

• violate or attempt to violate any aspect of the security of the Website
• modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.

2. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations include:-

• accessing data unlawfully or without consent
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
• attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting and
• taking any action in order to obtain Products to which you are not entitled.

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.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While all care is taken, we do not guarantee the accuracy of our stock levels or articles. None of the products or advice are meant to be taken as that of a medical professional, and no treatments of medical conditions are endorsed or implied.

• not limit or otherwise affect these Terms.

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.

DISCOUNTS AND PROMOTIONAL PRICING

• Promotional discount codes are not valid in conjunction with any other discount code or special pricing on the website.
• This includes promotional codes sent via email or on various social media platforms.
• Any already discount products are not eligible for further discounts from any promotion unless explicitly mentioned in said promotions guidelines.

PRODUCTS OR SERVICES

• 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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.

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.

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.

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, libellous, 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 libellous 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.

PERSONAL INFORMATION

This Privacy Policy governs the manner in which Powerhouse Supplements collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.powerhousesupplements.com.au website (“Site”). This privacy policy applies to the Site and all products and services offered by Powerhouse Supplements.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,

Users may, however, visit our Site anonymously.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

Supps Spot collects and uses Users personal information for the following purposes:

• To improve customer service Your information helps us to more effectively respond to your customer service requests and support needs.
• To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To process transactions We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To administer a content, promotion, survey or other Site feature
• To send Users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

CHANGES TO THIS PRIVACY POLICY

Powerhouse Supplements has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

NEWSLETTER SUBSCRIPTION

By signing up to our newsletter via any sign-up method you are agreeing to receiving marketing emails.
You may unsubscribe at any time via the unsubscribe link in the email or by contacting us one the site, email or phone and requesting an unsubscribe.

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.

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.

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 Powerhouse Supplements, 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Supps Spot 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.

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.

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).

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.

OVERNING 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.

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.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Supps Spot
suppsspot.com.au
Melbourne, Victoria
03 8457 8769
info@suppspot.com.au