Terms & Conditions
Website Terms of Use and E-Commerce Terms 1 of 5 Alphafit Supplements Pty. Limited - Website Terms of Use and E-Commerce Terms (“Terms of Use”)
Overview
This website is operated by Alphafit Supplements Pty Ltd. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Alphafit Supplements. Alphafit Supplements 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 herein.
By visiting our site or using our site to purchase Goods, you engage in our services and agree to be bound by the following terms and conditions (‘Terms of Use’), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors / creators of content.
Please read these Terms of Use 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 Use. If you do not agree to the Terms of Use, Privacy Policy, and (if applicable) Terms of Trade, then you may not access the website or use any online services offered by us.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates 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.
1. Application of Terms of Use
1.1 The use of this website is governed by these Terms of Use, our Privacy Policy, and (where applicable) our Terms of Trade.
1.2 The expressions we and us are a reference to Alphafit Supplements Pty Ltd (ACN 673 195 465) (Alphafit Supplements), except where otherwise indicated. The term you refers to the user or viewer of this website.
1.3 Please read these Terms of Use, together with our Privacy Policy, carefully.
1.4 If you continue to browse and use this website to purchase Goods and Services, you are agreeing:
(a) to comply with and be bound by these Terms of Use, which together with our Terms of Trade and Privacy Policy, govern Alphafit Supplements’ relationship with you in relation to this website and any purchases you make; and
(b) that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.5 If you do not accept any part of these Terms of Use, you are not authorised to use this website.
1.6 We reserve the right to refuse service or access to this website to anyone for any lawful reason at any time.
2. Interpretation and definitions
Notwithstanding any other clause, the interpretation and definition provisions contained in our Terms of Trade are taken to be incorporated in these Terms of Use and apply as if they were set out in full and each reference to the ‘Terms’ in the interpretation provisions is also a reference to these Terms of Use.
3. General
3.1 The content of the pages of this website are for your general information and use only. 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, more contemporaneous, or more timely sources of information.
3.2 The pages of this website are subject to change without notice. Amendments will be effective immediately upon notification on this website. It is your responsibility to check these Terms of Use periodically for any changes. Your continued use of the website following such notification will represent an agreement by you to be bound by these Terms of Use (as amended).
3.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. Whilst we have no reason to believe that any of the information and materials contained on this website are inaccurate, you acknowledge that such information and materials may contain inaccuracies or errors (including, without limitation, typographical errors, technical inaccuracies, or information that is not accurate, complete, or current) and, to the extent permitted by law, we accept no liability for any such inaccuracies or errors, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
3.4 This website may display historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify historical information and website contents at any time.
3.5 Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information detailed through this website meet your specific requirements, including, without limitation, whether or not the products detailed on this website are suitable for your intended application, as product applications may change from time to time.
3.6 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, photos, videos, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice provided below, which forms part of these Terms of Use.
3.7 We have made every effort to display as accurately as possible the colours and images of our goods or services that appear at the store. We cannot guarantee that your computer or device monitor's display of colours will be accurate.
3.8 Unauthorised use of this website may give rise to a claim for damages or be a criminal offence.
4. Mode of access and transmission of data
4.1 In order to use this website, you will need internet access, devices, and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). We have no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.
4.2 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.
4.3 Credit card information is always encrypted during transfer over networks. Website Terms of Use and E-Commerce Terms 2 of 5
5. Privacy policy
5.1 Your submission of personal information through the store is governed by our Privacy Policy.
5.2 Please refer to our Privacy Policy to see how we collect, use, disclose, and protect your personal information. Please click here to view our Privacy Policy: https://www.alphafit.com.au/privacy-policy/
5.3 Alternatively, we can provide you with a copy of our privacy policy upon request.
5.4 We may exchange your details with third party service providers, who may assist us with marketing, IT, data processing, or other services. Some of these third parties may be located outside of Australia.
6. Third party links
6.1 Certain content, goods or services available via our website may include materials from third parties.
6.2 Third party links on this website 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, goods, or services provided by third parties.
6.3 Please carefully review and confirm your understanding of relevant the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the relevant third party.
7. Cookies and marketing pixels
7.1 When you visit our website or view an e-mail from us, we may collect information about the session between your computer and our website(s) using cookies or other event tracking technologies.
7.2 Cookies are text files which are stored on your computer or mobile device (by your web browser) that record specific information, such as which pages you visit, the information you have searched for, or the device you are using to access our website.
7.3 Marketing pixels (also known as ‘Tracking Pixels’) are graphic files stored on webpages or in emails that record specific or live or real-time information, such as website traffic and usage, user demographics and geolocations, and website activities such as online purchases.
7.4 We use cookies and marketing pixels for the purposes of managing and improving our website, improving our business functions, gathering demographic information about the persons who visit our website, and creating product recommendations, among other things.
7.5 You may elect to disable or turn off cookies in your web browser, however, this may impact upon the services we are able to offer you on our website and may impact upon your ability to access certain features of our website.
7.6 Our server will also automatically record your Internet Protocol address (IP address).
7.7 An IP address is a numerical designation assigned to each device connected to a computer network by your internet service provider. While IP addresses can be used to identify the general physical location of a computer, they are otherwise anonymous, and we will not use your IP address to identify you.
8. Copyright notice
8.1 All texts, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork and computer code (collectively, the ‘Content’) including but not limited to the design, structure, selection, co-ordination, expression, ‘look and feel’, and arrangement of such Content contained on the website is owned, controlled, or licensed by or to us and is protected by copyright, patent and trade mark laws and various other Intellectual Property Rights and unfair competition laws.
8.2 As set out, we are either the owner, controller, or licensor of the Content. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means, in relation to the website or the Content, copy, reproduce, re-publish, upload, post, publicly display, encode, translate, transmit, or distribute in any way (including ‘mirroring’) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, goods or services obtained from any part of this website, without our express prior written and fully informed consent.
9. Trade marks
9.1 All trade marks, service marks, and trade names are owned, registered, and/or licensed by us. You do not acquire a license or any ownership rights to any trade marks, service marks, or trade names through your access or use of this website or Content.
9.2 If you use any of our trade marks in reference to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part or your own trade marks;
(b) in connection with activities, goods or services which are not ours;
(c) in a manner which may be confusing, misleading, or deceptive; or
(d) in a manner that disparages us or our information, goods or services (including this website).
10. Restricted use
10.1 Unless otherwise agreed in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. You may not without our written and prior consent on-sell any information obtained from this website.
10.2 You may not create a link to any page of this website without our prior written and prior consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out herein will apply to your use of this website by linking to it.
11. Specific warnings - website
11.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
11.2 You must not:
(a) use Alphafit Supplements’ goods or services for any illegal or unauthorised purpose; and
(b) you must not transmit any worms, viruses, or any other code of a destructive nature.
11.3 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.
11.4 Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. Website Terms of Use and E-Commerce Terms 3 of 5
11.5 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
12. Third party tools
12.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
12.2 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.
12.3 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused arising from or relating to your use of optional third-party tools.
12.4 Any use by you of the optional tools offered through the website 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 offer new services or features through the website (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Use.
13. Security policy
We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, passwords, anti-virus software, and email filters act to protect all our electronic information.
14. Disclaimer
To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through our negligence), which you may directly or indirectly suffer in connection with your use of this website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
15 Termination of access
Access to this website may be terminated at any time by us with or without notice. Our disclaimer will nevertheless survive any such termination.
16. Severability
If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable from the other provisions of these Terms of Use and will not affect the validity and enforceability of any other provision of these Terms of Use.
17. Changes to Terms of Use
17.1 You can review the most current version of the Terms of Use at any time at this page.
17.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use 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 our online services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
18 Application of Credit Terms and Terms of Trade
18.1 Where you have an approved commercial credit account with us, the terms governing your credit facility (Credit Terms) apply. In the event of any conflict or inconsistency between these Terms of Use and the terms governing your credit facility, the terms governing your credit facility prevail to the extent of the conflict or inconsistency.
18.2 You acknowledge and agree that:
(a) you have read and understood our Terms of Trade, which may be found on this website or are available upon request by email to bookkeeper@alphafit.com.au; and
(b) subject to clause 18.1, our Terms of Trade apply to all Order and purchases made on this website and prevail to the extent of any conflict or inconsistency with these Terms of Use.
19. Online Ordering Services
19.1 The use of our online ordering services (Online Ordering Services) is governed by these Terms and Conditions, Terms of Trade, and (where applicable) your Credit Terms.
19.2 Your placement of an Order through our Online Ordering Service indicates your acceptance of these Terms and Conditions.
19.3 If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.
20. Orders
20.1 You may offer to purchase Goods or Services from us by using our Online Ordering Services.
20.2 Prices for our Goods or Services are subject to change without notice.
20.3 We reserve the right at any time to modify or discontinue our Goods or Services (or any part or content thereof) without notice at any time.
20.4 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 currently only accept Orders from Australia.
20.5 You are responsible for all contracts for the purchase of Goods or Services entered with us. It is your responsibility to check the details of your Order before you place an Order using our Online Ordering Service, and you warrant and represent to us that you are able to enter into a legally binding contract (including that the individual using our Online Ordering Service has authority to enter into contracts and place Orders on your behalf), and that all information provided by you in relation to that Order is accurate and complete.
20.6 You are required to ensure that your contact details, billing information, and all other information in relation to your use of our Online Ordering Service or online account (where applicable) is kept up to date.
20.7 To the extent permitted by law, you will be liable to pay for any incorrect Order as a result of your provision of incomplete or inaccurate information or as a result of your failure to update your details.
20.8 When you submit an Order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your Order, along with an Order reference number. If you receive an Order confirmation, this does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell any Goods or Services to you. Website Terms of Use and E-Commerce Terms 4 of 5
20.9 Within seven (7) days of receipt of your Order, we will at our discretion accept or reject your offer to purchase. We may also accept your offer by dispatching the Goods or Services to you. We reserve the right to refuse to supply the Goods or Services ordered by you (or any part of them) or to terminate your online account with us for any reason (and without any requirement to provide any reason).
20.10 If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase 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 of that offer.
21. Pricing
21.1 Prices for Goods and Services are as shown on our Online Ordering Service at the time of purchase.
21.2 Where prices are indicated on this website, the prices are subject to change without notice. All prices are in Australian dollars and are inclusive of goods and services tax (GST).
21.3 In all other respects, the price is exclusive of taxes and other imposts imposed or levied in Australia connection with the supply of Goods, unless otherwise specified.
21.4 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the size, weight, and quantity of the Goods ordered, and the address to where the Goods are to be delivered.
21.5 If delivery is required to be made to islands or remote areas, we will contact you to discuss delivery options and any applicable delivery charges. Should none of the options be agreeable, we will issue you with a full refund as soon as practicable.
21.6 Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of Goods due to a typographical error by us or due to a technological issue, we may refuse or cancel any Orders that are placed for Goods listed at an incorrect price. We reserve this right up until the time the Goods are despatched.
21.7 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.
22. Payment
22.1 Prior to placing an Order, you must indicate your preferred payment method. Payment may be made by electronic funds transfer or credit cards, or by using your commercial credit account (where applicable). We reserve the right to change the payment methods that we accept at any time.
22.2 If the name on the credit card provided does not match the name on your Order, we may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing us with your card details, you authorise us to debit the purchase price and the applicable delivery charges (if any) from such card.
22.3 Unless you have an approved commercial credit account with us, Goods you have ordered will not be despatched until payment has cleared. If your payment cannot be processed, your Order will be cancelled, and we will notify you by e-mail.
22.4 A tax invoice will be forwarded to you at the time of payment or at the time of delivery.
22.5 Where you have an approved commercial credit account with us, you must pay for all Goods supplied in accordance with the payment terms of your credit facility.
22.6 Your tax invoice is your proof of purchase and may be required for any claims in respect of the Goods supplied by us.
23. Availability of Goods or Services
23.1 Certain Goods or Services may be available exclusively online through this website.
23.2 We cannot guarantee that our Goods or Services will always be available for purchase, and our stock levels and lead times may be subject to change without notice.
23.3 If we are unable to deliver Goods or Services which have been ordered by you, we will endeavour to notify you via telephone or e-mail as soon as reasonably practicable.
23.4 You will then be able to amend, cancel, or place your Order on back order until such time as the Goods or Services come back into stock.
23.5 We reserve the right to withdraw or suspend from sale any Goods or Services displayed on this website, either temporarily or permanently, at any time, with or without notice to you.
Returns – e-commerce purchases
We will accept the return of any Goods purchased via our website if:
(1) the Goods supplied do not conform with the contract for supply;
(2) the Goods are defective; or
(3) we are required by law to accept the return of the Goods.
in our discretion we may accept the return of Goods if:
(4) you agree to:
(1) notify us in writing within fourteen (14) days of the date of delivery to request a return; and
(2) reimburse us for all reasonable costs (including shipping) that we incur in connection with the return of those Goods (except for Goods we have incorrectly supplied or we agree are defective); and
(5) the Goods:
(1) are in substantially the same condition to the condition in which they were delivered; and
(2) have not had more than 5 scoops used
(6) the Goods were not specifically produced or procured at your request.
Where we have accepted the return of Goods pursuant to clause 24.2 we will:
(7) notify you of the approval or rejection of your refund; and
(8) (where we have approved the return) refund you the price of the Goods less any reasonable costs we have or will incur in connection with the return of those Goods,
within fourteen (14) days of the date of receiving the returned Goods.
You indemnify and release us from any damage that occurs to any Goods in return transit. You should ensure that any returned Goods are insured against such damage.
25. Termination of access
Access to our Online Ordering Service may be terminated at any time by us with or without notice. Website Terms of Use and E-Commerce Terms 5 of 5
26. User comments, feedback, and other submissions
26.1 If, at our request, you send certain specific submissions (for example, submissions to 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, the 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments forwarded to us or otherwise made available on the website.
26.2 We are under no obligation to:
(a) maintain any Comments in confidence;
(b) pay compensation for any Comments; or
(c) respond to, or otherwise acknowledge any Comments.
26.3 We may monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s Intellectual Property Rights or these Terms of Use.
26.4 You acknowledge and agree that your Comments will not:
(a) violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right; and
(b) 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 our website or any related website.
26.5 You may not use a false or ‘burner’ e-mail address or social media profile, 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.
27. Governing law and jurisdiction
27.1 Your use of this website and any dispute arising out of these Terms of Use is subject to the laws of Queensland, Australia and the law of the Commonwealth of Australia in force in Queensland.
27.2 If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
28. Contact information
Questions about the Terms of Use should be sent to us at:
Info@alphafitsupplements.com.au
ALPHAFIT SUPPLEMENTS PTY LTD
ACN 673 195 465 | ABN 40 673 195 465 64 – 70 Harper Street, Molendinar QLD 4214