TERMS FOR USE OF THE MUSCLE STATION WEBSITE
These terms and conditions apply to the use of this Website. By using this Website, you agree to be bound by the terms and conditions as set out in this Agreement. If you do not accept these conditions you must refrain from using the Website.
This website is operated by MuscleStation.com.au Muscle station 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 here.
By call on our site and/ or purchasing something from us, you participate 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 limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new elements 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.
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.
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) communications over various networks; and
(B) changes to adapt and follow to technical conditions 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent 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.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services
PRECISION, COMPLETENESS AND RELEVANCE OF DATA
- While all consideration is taken, we do not guarantee the correctness 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 implicit.
CHANGES TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify, delete 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.
OFFERS AND PROMOTIONAL PRICING
- Promotional discount codes are not valid in conjunction with any other discount code, offers 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.
Discount codes and special pricing for VIP's excludes ALL Bars, Snacks (includes Pancakes, soups etc), RTD's & Condiments.
PRICE AND PAYMENT
- All prices stated on the Website are inclusive of GST.
- The prices for delivery within Australia can be viewed under the tab on the Website titled "Delivery Info".
- You must pay us the full price of your order before we will send any part of it.
- You may pay by electronic funds transfer, credit card or debit card using MASTERCARD/VISA or using PayPal.
- If you opt to pay by: -
- credit card, debit card or PayPal, your payment will be processed immediately on placing your order for Products; and electronic funds transfer, you must pay within 72 hours of receipt of our tax invoice, and upon receipt of your payment we will process your order.
- We match or beat RRP Retail price by 5% over all Australia!
- We are promised to give our customers the best deal possible without compromising on customer service. If you've found the same item on a competitor’s website cheaper, we will match that price and take a further 5% off! We will check and review about your submission and get back to you asap.
- We do not to beat any ONLINE, or price of any sale, or discounted items on our competitor stores websites. We do not promise to beat any price on any running sale or promotion items on other competitor store sites.
- Ownership and risk in the Products will pass to you from the moment they are posted by us.
- Products will be posted to the address stipulated in your order. You are responsible for ensuring that someone is present to accept delivery. Our couriers do not require a signature to leave a parcel, we recommended that you provide your work address for delivery if you won't be home during business hours.
- We may post Products in instalments if not all the Products you order are available at the same time for delivery.
- All order will be dispatched same day if you order before 12pm*except Weekends or Public holidays.
- If we have something out of stock in what you ordered, then our team member will contact you soon with another options.
RIGHT OF CANCELLATION AND RETURNS POLICY
- We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products or purchase.
- We accept products returns only if products are damage or faulty from our side. Products must be returned to us asap: in their original condition (both Products and packaging).
- Securely wrapped, together with our delivery or purchase slip.
- When we have received the Products, our team member will contact you to organise another same new product or if you needed refund.
GOODS OR SERVICES
- 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 color will be accurate.
- There is price difference between our online store and retail store, so choice is totally yours.
- 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.
- 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 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.
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.
- All the products information not directed by us or (FDA) food and drug administration directly
- We are not a manufacture, so Muscle Station is not liable for any loss or damage.
- We received all the products by direct company authorised distributers so if you have any concern about products information, we can direct you to them. All information provided on Muscle Station website is a general opinion only.
- We accept no liability for any failure to properly comply with the terms and condition of this Agreement.
- Any provision of this Agreement, which is illegal, void, or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
- If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
TRUTHFULNESS OF INVOICING 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. If 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 assess our Return Policy
We may offer you with access to third-party tools over which we neither monitor nor have any control nor input.
You admit and agree that we provide access to such Links” tools” as is” and “as available” without any warranties, statements, 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 or Links.
Any use by you of optional links presented 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 links and resources). Such new features and/or services shall also be subject to these Terms of Service.
USER REMARKS, FEEDBACK AND OTHER SUGGESTIONS OR REVIEW
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
- to maintain any comments in confidence.
- to pay compensation for any comments; or
- 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, warning, insulting, defamatory, pornographic, indecent, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not breach 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, insulting, 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 data and Information
Personal identification information
We may gather personal identification information from Users in a diversity of ways, with, 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 doings, services, features, or resources we make available on our Site. Customers may be asked for, as correct, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification data from Users only if they voluntarily submit such information to us. Users can always say no to personally supply identification information, except that it may prevent them from participating in certain Site related activities.
Third Party Links and use
Specific content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not associated 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, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Non-personal recognition information
We may collect non-individual documentation information about Users whenever they relate with our Site. Non-personal identification information may include the browser name, the type of computer and mechanical 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 improve 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 reject cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not work properly.
How we use collected data and Information
Muscle Station collects and uses Users personal data for the following purposes:
- To better customer service
Your information supports us to more efficiently respond to your customer service requests and support needs.
- To customize user experience
We may use information in the total to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We repeatedly strive to improve our website subscriptions 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 subject, promotion, survey, or other Site highlight
To send User’s data they agreed to receive about subjects we think will be of interest to them.
- To send regular emails
The email address Users give for order processing, will only be used to send them information and updates relating to their order. It may also be used to respond to their inquiries, and/or other demands or questions. If User decides to opt-in to our mailing list, they will get emails that may include company news, informs, 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 safeguard your information
We implement appropriate data gathering, storage and processing procedures and security procedures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Confidential and personal data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards to create as secure of an environment as possible for Users.
By signing up to our newsletter via any sign-up means you agree 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.
Any advertising offers provided through our newsletter cannot be used in conjunction with other offers and applies only to full priced products. All promotional codes exclude Bars, Snacks & RTDs.
Your acknowledgment of these terms
By using this Site, you indicate 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 considered your acceptance of those changes.
Mistakes, Flaws and Errors
Rarely there may be information on our site or in the Service that includes typographic errors, mistakes or lapses that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, mistakes, 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 responsibility 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.
In totalling to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- to disrupt any international, federal, provincial, or state regulations, rules, or local laws
- to solicit others to achieve or participate in any unlawful acts.
- for any unlawful determination
- to infringe upon or violate our knowledgeable property rights or the intellectual property rights of others.
- to spam, phish, pharm, pretext, spider, crawl, or scrape.
- to submit false or misleading information.
- 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 action of the Service or of any related website, other websites, or the Internet.
- to collect or track the personal information of others.
- (I)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or favour based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- for any indecent or morally wrong purpose; or
- (k) to meddle with or avoid the safety 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 breaching any of the prohibited uses.
Disclaimers of warranties; Limitation of Liability
- We do not guarantee, represent, or warrant that your use of our service will be continuous, timely, secure, or error-free.
- We do not warrant that the results that may be taken from the use of the service will be accurate or reliable.
- You agree that from time to time we may delete the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You specifically agree that your use of, or failure to use, the service is at your sole risk. The service and all products and facilities delivered to you through the service are (excluding as particularly stated by us) provided 'as is' and 'as available' for your use, without any symbol, warranties, or conditions of any kind, either express or indirect, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Muscle Station, our directors, athletes ,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 significant 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.
You agree to indemnify, defend and hold harmless Muscle Station 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.
If 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.
The responsibilities and responsibilities 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 fired 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).
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 strategies or operating rules posted by us on this site or in respect to The Service establishes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or concurrent 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 version of these Terms of Service shall not be construed against the drafting party.
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.
Modifications 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 responsibility, 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 occasionally 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 approval of those changes.
Melbourne Victoria Australia