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Elite Supplements Australia

Terms of Use

Welcome to the Elite Supplements Australia website (the "Website") which is owned and operated by Elite Supplements Australia Pty Ltd ("ESA").

The terms of use govern your use of the website which is conditional upon your acceptance and compliance of the terms, conditions, notices and disclaimers set out below, (the 'Terms').

All prices are listed in AUD.

Intellectual Property

The material contained on this website is owned or licensed by us and is protected by Australian and International Copyright laws. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of ESA.

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of ESA. These trademarks must not be used or modified in any way without obtaining the prior written consent of ESA.

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by ESA or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

External Sites

This website may contain links to, or frame, web sites of third parties ("external sites"). ESA is not required to maintain or update the links. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by ESA of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site. ESA makes no warranties and accepts no liability in relation to material contained on external sites.

Security

When accessing your account information and making a payment, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. ESA does not control SSL and cannot guarantee the strength or effectiveness of that encryption.

Cookies

Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:

  • Store one or more cookies in your browser;
  • Request your browser to transmit this data back to the web server;

The website may store cookies on your web browser in order to improve service for you on your subsequent visits to these web sites.

By using cookies, websites can track information about visitors' use of the website and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.

No Warranty; Disclaimer

ESA is providing this website on an "as is" basis. ESA and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. ESA and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, and completeness for a particular purpose and non-infringement. ESA and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by ESA or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.

The products, information, services and other content provided on and through this site, including without limitation any products, information, e-mails, facsimiles, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional.

You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

Unless otherwise indicated on this site, ESA do not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. ESA are not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others' rights or otherwise unlawful. ESA expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site.

Price and availability information on this site is subject to change without notice.

Limitation of Liability

ESA and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between ESA and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.

Notwithstanding the foregoing, the sole and entire maximum liability of ESA and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from ESA on this site.

You agree to indemnify, defend and hold harmless ESA and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Privacy and Child Protection

ESA respects the privacy of its users in accordance with the terms of ESA and Child Protection Policy. ESA reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent ESA, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of ESA or its affiliates.

Your Usage of Site; Termination of Usage

You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying ESA.

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.

You further agree that you will not access by any means except through the interface provided by ESA for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not ESA and its affiliates, are responsible for compliance with applicable local laws.

You agree that ESA may terminate or suspend your access to all or part of this site, without notice, for any conduct that ESA, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, ESA or its affiliates.

Usage by Minors

Because of the nature of the World Wide Web, ESA cannot prohibit minors from visiting this site. ESA must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. ESA requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to ESA be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy.

Applicable Law; Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Victoria without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Victoria and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Victoria.

Severability; Interpretation

If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

Entire Agreement; Amendments

This agreement constitutes the entire and only agreement between ESA and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. ESA may, in its sole discretion, amend this Terms of Use agreement from time to time.

Miscellaneous

The failure of ESA or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of ESA and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.