TERMS & CONDITIONS
Welcome to Half Price Protein terms and conditions which apply to your use of, and interaction with, the Half Price Protein Website. By accessing this Website, you agree to be bound by and abide by them.
“Conditions” refers to these terms and conditions: “Personal Information” is any personal details provided by you to or via the Website; “User(s)” means (a) user(s) of the Website either collectively or individually, as the context dictates; “We/us/our” means Half Price Protein; “Website” means the website located at http://halfpriceprotein.com.au or any subsequent URL which may replace it; and “You/your” means you as a consumer and user of the Website.
We will provide you with access to the Website in accordance with these Conditions:
- YOUR OBLIGATIONS
2.1.1. You agree not to use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws.
2.1.2. You agree not to use the Website as a vessel to upload or transmit any computer viruses, macro viruses, Trojan horses, worms or any other hostile agent designed to interfere with or cripple the normal or optimal operating procedures of a computer or other electronic device.
2.1.3. You will not upload or transmit through the Website any material which is illegal, defamatory, offensive, obscene or of menacing character, or that may cause annoyance, inconvenience or needless anxiety to others.
2.1.4. You will not use the Website in a way that may hinder the functionality of the Website or cause it to be interrupted, damaged, rendered less efficient or in any way impaired or modified.
2.1.5. You will not use the Website in any manner which violates or infringes upon the rights of any individual, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
2.1.6. You agree that in the event you have any right, claim or action against any other Users arising out of that User’s conduct in relation to the Website, then you will follow through with such right, claim or action independently of and without consequence to Half Price Protein.
3.1. You agree to be solely responsible for (and fully secure us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your personal devices (such as PC, laptop, iPad, Notebook, Smartphone or other items to that effect) or internet access account.
- OUR RIGHTS
4.1.1. We reserve the right to alter or remove, temporarily or permanently, the Website (or any part of) with or without notice to you and you acknowledge that we will not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2. We reserve the right to change these Conditions as we see fit, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been redefined. If you do not agree to any change to the Conditions then you must immediately cease your use of the Website.
4.2. We will endeavour to the best of our ability to maintain the entirety of the Website’s function, however the Website will be subject to change occasionally. You will not be eligible for any compensation if part of the Website is no longer accessible or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our own control.
4.3. In rare cases, we reserve the right to amend, delete or change orders and shipments due to pricing errors or for any other reason we deem applicable.
- THIRD PARTY LINKS
In an attempt to provide increased value and service to our Users, sometimes we may supply links to external websites or resources. You acknowledge and accept that we are not responsible for the availability of such unconnected sites or resources or the content they possess, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices of such websites, including (without limitation) any advertising, products or other materials or services available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We contain and reserve the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or User complaints and take any action that we deem appropriate (which may include but is not limited to: issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
- YOUR DATA
7.1. We hold your personal information in the utmost respect and confidence, and undertake to comply with relevant Australian Data Protection legislation when necessary.
7.2. Contrarily, you should be aware that if the police, government agency, regulatory authority or court ordered action investigating suspected illegal activities requests for us to provide your Personal Information and/or information concerning your activities whilst using the Website we will do so without any need for penance.
7.3. We retain the right in our sole discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
- INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website belong to, and at all times remain vested in, us. You are permitted to use this material only as specifically authorised by us.
8.2. The Website is Copyright, Half Price Protein, 2015. All rights reserved.
9.1. You may send us notices under or in connection with these Conditions:
9.1.1. By post to 99 Flagstaff Road, Warrawong, NSW 2502, Australia; or
9.1.2. By email via our Contact Form.
9.2. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, and such acknowledgement should be retained by you for future reference.
10.1. While we use all reasonable efforts to verify and maintain the accuracy of information contained on the website, we make no binding assurances to explicitly ensure all content is infallible. It is your responsibility to choose how you use and analyse the information you find.
10.2. Please note the Website is provided on an “as is” and “as available” basis. Unless specified in separate terms and conditions related to a particular product or service, we make no guarantees of any kind in relation to the Website or to products or services offered on the Website by us or on our behalf including but not limited to: implied promises of specific quality, fitness or health for a particular purpose or goal, non-infringement, compatibility, security, accuracy, condition or completeness, or any suggested warranty arising from the course of transactions and communications.
10.3. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website by us or on our behalf will meet your expectations or will not be hindered, will be timely, secure or error-free, that defects or damages will be corrected, or that the Website or the server that makes it available or products or services offered on the Website by us or on our behalf are fully operational, accurate or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your interaction with the Website.
10.4. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian law.
10.5. You acknowledge that it is implausible for us to guarantee the security or privacy of the Website and therefore cannot be in any way responsible for any information provided to, or taken from, the Website by you.
10.6. We will not be liable in contract, tort or otherwise if you incur loss or damage through a third party’s link connected to the Website.
10.7. We will not be liable, in contract, tort (including negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for:
10.7.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2. Any loss of goodwill or personal reputation; or
10.7.3. Any special, indirect or consequential losses in any circumstance whether or not such losses were contemplated by either party at the date on which the catalyst to the loss occurred.
10.8. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be treated as a separate entity and thus continue to be applicable even if, for any reason, one or more other provisions is held to be inadmissible or unenforceable under any circumstance.
- ENTIRE AGREEMENT
These Conditions (as modified sporadically) define the entire agreement between you and us relating to the subject material discussed and override any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral communication given by either of us can change the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
The Conditions will be exclusively governed by and interpreted in accordance with the laws of Australia whose Courts will have absolute jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.