Terms of Use

Terms and conditions of use

These Terms and Conditions govern the use of the massnutritionmackay.com website and the purchase of any goods from it. The website is owned and operated by Cognatio Ventures Pty Ltd (ABN 99 609 391 193) t/as Mass Nutrition Mackay and herein referred to as Mass Nutrition Mackay. Should you have any questions, please contact Mass Nutrition Mackay during business hours on 07 4951 2996 or mackay@massnutrition.com.au prior to ordering from this website.

Acknowledgment and acceptance of terms and conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Please read them carefully. Mass Nutrition Mackay reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.

Copyright

Copyright in the massnutritionmackay.com website is the property of Mass Nutrition Mackay. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Mass Nutrition Mackay and third parties. This property may only be used for the purposes of browsing the massnutritionmackay.com website and acquiring goods and services of Mass Nutrition Mackay.

Applicable law

These Terms and Conditions are governed by the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts, which may hear appeals from those courts.

Information provided by you

If you purchase goods and services from massnutritionmackay.com website we may require you to provide your name, address, email address, phone number or other details (“customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Mass Nutrition Mackay with current, complete and accurate customer information when asked to do so by the website. Copies of Your customer information provided during the ordering process will be emailed to You, to Mass Nutrition Mackay and stored in our database for the purposes of processing your order. We are committed to protecting your privacy.

The information collected from individual customers is regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any and all customer records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue customer’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Mass Nutrition Mackay will only be in connection with the provision of agreed services and products.

Product information

Prices of goods and services displayed on the massnutritionmackay.com website are in AUD including GST and current at the time of display. We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description. Pricing and stock availability is subject to change anytime without notice.

Placing and accepting orders

We currently accept Paypal, Credit card, Debit card and AfterPay as the only methods of payment at this stage. All goods remain the property of Mass Nutrition Mackay until paid for in full. Without limiting the operation of any other Terms and Conditions herein, Mass Nutrition Mackay is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by us

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by you

If you need to cancel an order, please contact us immediately at mackay@massnutrition.com.au or during business hours on 07 4951 2996. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to shipping & returns.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. It is the responsibility of the customer to inform Mass Nutrition Mackay if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery. Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Goods damaged or faulty on delivery

You may return damaged or faulty goods if you advise us within 3 days and return within 14 days of receipt. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, and other fees via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost. Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Mass Nutrition Mackay. Please allow up to 14 days for refunds to be processed upon our receipt of goods.

Promotions and competitions

Other Terms and Conditions not listed herein and applying to Mass Nutrition Mackay promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and indemnity

You agree to waive any and all claims that you now have or may have in the future against Mass Nutrition Mackay and our Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Mass Nutrition Mackay harmless from and against any and all claims, loss or expense that may be incurred by Mass Nutrition Mackay or our 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 Mass Nutrition Mackay and our Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.

Clearance items

Heavily reduced products can be subject to short dating and/or faults (eg. clumping). We are able to secure these at a discounted rate from our suppliers and pass on the savings to our customers. Clearance items are not refundable.

Seek advice from medical professional

The content of this web site is provided for informational purposes and is intended for your education and enrichment only. The ideas expressed in the publications on our web site are not intended as, and should not be construed as, a substitute for professional advice, care or attention from a physician or other healthcare practitioner. This website is not intended to deliver professional advice or other healthcare services and the information herein should not be relied upon for personal diagnosis, treatment or any other health related purpose. Always consult your own physician or other competent healthcare professional for the care appropriate for you and for answers to your questions or concerns about your individual conditions, or a program of treatment.

We strongly recommend consulting your healthcare provider before beginning any exercise program or consuming any supplements.