TERMS AND CONDITIONS

1. YOUR ACCEPTANCE

Welcome to www.micronutrition.com.au

The present document encompasses the terms and conditions governing the provision of services and sale of nutritional products, encompassing physical products and downloadable material, offered through the official website of The Micronutrition Pty Ltd, accessible at www.micronutrition.com.au ("Site") ("Products") ("Terms and Conditions"). These Terms and Conditions establish a legally binding agreement ("Agreement") between Micronutrition Pty Ltd ABN 79 657 471 979 ("Micronutrition," "us," "we," "our"), the proprietor and operator of the Site, and you ("you," "your," or "user(s)"), a user of the Site and/or purchaser of Products."

By using or accessing our Site or purchasing any Products you agree to be bound by this Agreement, our Terms of Use, Privacy Policy and Returns Policy. We may amend this Agreement, our Terms of Use, Privacy Policy and Returns Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement, our Terms of Use, Privacy Policy or Returns Policy (or any subsequent amendments) you must cease using or accessing our Site and the purchase of any Products immediately.

Users must be 18 years or older to purchase any of our Products or use our services.

2. INFORMATION DISCLAIMER

The information provided on our website comes with absolutely no warranty. The statements and information presented are not intended to diagnose, treat, cure, or prevent any disease. We make no guarantee regarding the completeness or accuracy of any information on or linked to this site. All the information found on the site, including details about medical conditions, products, and treatments, is solely for informational purposes. It is often presented in a summarised or aggregated form.

For any specific illness, disease, infection, injury, or medical condition, as well as for dosages of pharmaceutical products obtained through this website, professional advice is necessary. The information provided should not be construed as medical advice in any way. None of our products are intended for the treatment of any medical condition. You bear full responsibility for your actions and any outcomes resulting from the use of this information.

The information on this website is neither intended nor implied to be a substitute for professional medical advice or the information found on product packaging or labels. Always consult your pharmacist, general practitioner, or other qualified medical or health professional before initiating any new medical treatment, health supplement, or continuing with an existing one. If you have any questions concerning your own medical condition or that of others, seek appropriate medical advice.

Nothing on our website is intended to serve as a medical diagnosis or treatment recommendation.

Always read the label and use products only as directed.

When using weight management supplements, always incorporate them into a healthy, energy-controlled diet and engage in physical activity.

Vitamins are not a substitute for proper nutrition or a balanced diet and should not be considered superior to or more beneficial than dietary nutrients.

Taking vitamin supplements may not have an impact on normal health.

3. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE

All the content available on our website is provided solely for informational and educational purposes.

Please note that none of the statements made on our website have been evaluated by any national or international agencies.

The content and products offered on our site are not intended to diagnose, treat, alleviate, or relieve any medical or health conditions, nor do they guarantee any specific outcomes or results.

It is important to understand that the information and products found on our site are not a substitute for professional advice from your doctor or other healthcare professionals.

Before initiating any new health supplements, implementing treatments for health issues, or adopting new fitness or dietary regimens, it is crucial to consult with your doctor or other qualified healthcare professional.

If you have any existing medical conditions, suspect a medical problem, or if you are pregnant, breastfeeding, or have any concerns, it is essential to contact your healthcare provider before purchasing our products.

Never disregard, avoid, or delay seeking medical advice from your doctor or any qualified healthcare provider based on something you have read on our site.

It is important to be in good health and physically fit before using our products, as failure to do so may result in adverse health consequences.

Please always seek medical advice in relation to your specific health conditions and physical fitness.

If you experience any unexpected changes to your health (physical, mental, or emotional) at any time, it is imperative to seek immediate medical attention.

4. NUTRITIONAL INFORMATION AND PHYSICAL CONDITION

The nutritional information provided on our website is the result of extensive research. However, it is essential that you critically evaluate the accuracy, completeness, and relevance of this information to your specific purposes and health considerations. Additionally, it is important to seek appropriate expert advice that is relevant to your unique circumstances. We do not provide any warranty or guarantee that the information is error-free or suitable for your specific needs.

The nutrient data presented on our website represents an average of the nutrient content found in a particular sample of foods and ingredients, determined at a specific point in time. It is crucial to note that the nutrient composition of foods and ingredients can vary significantly between different batches and brands due to various factors. Some of the data we provide may be obtained from international food composition tables, supplied by the food industry, extracted from food labels, estimated based on similar foods, or calculated using a recipe-based approach.

Individuals who have pre-existing medical conditions, are in poor health, or have any concerns regarding starting a new fitness regimen should consult with a healthcare professional before initiating any fitness or nutritional supplement program. It is crucial that you take responsibility for conducting your own research and seeking independent advice from a healthcare professional before making any decisions based on the information or materials provided on our website. Please be aware that the nutritional supplements offered on our site may not be suitable for your specific circumstances and should not be considered a substitute for obtaining personalised advice from a qualified healthcare professional.

6. TESTIMONIALS

We kindly advise you to consider that testimonials provided on the website may not necessarily reflect the results you will personally achieve. Individual results can vary, and your experience may differ from those described in the user testimonials.

7. PERSONAL INFORMATION

In order to provide you with our Services, we are obligated to collect certain personal information from you, as reasonably necessary. We acknowledge and respect the confidential nature of this information, and it will only be utilised for the purpose of delivering our Services, unless otherwise mandated by applicable laws, as outlined in our Privacy Policy.

You are responsible for ensuring that the personal and health information you provide to us is truthful, accurate, current, and complete to the best of your knowledge and belief. We assume no liability if you fail to provide us with personal or health information that meets these criteria.

By agreeing to the terms and conditions outlined in this Agreement, you consent to receiving our email newsletter. You have the option to unsubscribe at any time by sending an email to hello@micronutrition.com.au with 'unsubscribe' in the subject line.

8. USER ACCOUNTS

To facilitate your access and utilisation of specific sections of our website, we may assign you a username, password, and account information, or you may be required to create your own account credentials by choosing a username and password ("Login"). By using your Login, you are considered authorised to access and use our website in accordance with this agreement. It is important to note that we are not obligated to investigate the authorisation or origin of any access or use of our website.

You bear full responsibility for safeguarding the security and confidentiality of your Login. Additionally, you are accountable for all activities conducted on our website using your Login, including but not limited to communications, transmissions, and any obligations (including financial obligations) incurred through such access or use of your Login.

In the event of any unauthorised use of your Login or any breach or potential breach of our website's security that comes to your attention, it is imperative to promptly notify us.

9. PAYMENT

We utilise secure online payment systems, including Eway, Shopify Pay, and PayPal, to ensure the safety of transactions.

When making a purchase on our website, you will be required to provide your credit card information. Please note that your credit card details may be shared with our trusted third-party payment processors. By completing a purchase through our site, you agree to the specified price displayed at the checkout screen. Please be aware that credit card payments may be subject to an additional percentage fee, as determined by the relevant merchant at their discretion.

All orders must be prepaid, and shipment or availability for download (for electronic products) will only occur once full payment has been cleared.

You are responsible for ensuring the accuracy of the payment details and any associated personal information provided to us. We cannot be held liable for any issues arising from incorrect or incomplete payment or personal details, nor for any losses incurred due to fraudulent or unauthorised credit card use.

The prices of the products offered under this agreement will be as indicated on our website at the time of purchase. Unless stated otherwise, all prices are listed in Australian Dollars and include GST (Goods and Services Tax). Therefore, you acknowledge and accept that GST will be applied to your purchase in accordance with the A New Tax System (Goods and Services Tax) Act 1999.

Periodically, we may issue promotional or discount codes. These codes can be redeemed during checkout and are subject to the specific terms provided by us for each promotion or discount.

If you encounter any payment-related issues, please do not hesitate to contact us at hello@micronutrition.com.au

All products available on our website are subject to consumer protections outlined in the Australian Consumer Law.

10. DELIVERY AND SHIPPING OF PRODUCTS

The availability of products from our site is subject to the terms and conditions outlined in this Agreement. For information regarding our shipping policies, please refer to the provided link………

We strive to ensure the accuracy of our product descriptions based on the information available to us. However, in the event of an error, we reserve the right to correct any inaccuracies in our descriptions.

Please note that the images displayed are for illustrative purposes only and may not depict the exact appearance of the actual product.

We retain the right to limit the quantities of products purchased through our site.

Once your order/payment is confirmed, orders are typically dispatched within 1-2 business days.

Currently, we only ship within Australia. Freight/shipping costs are calculated based on your postcode and will be displayed during the checkout process before payment is finalised.

11. REFUNDS AND CANCELLATIONS

You're entitlement to a refund or replacement (if applicable) is governed by the consumer guarantees outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Consumer Guarantees") under the Australian Consumer Law.

If you encounter any defects in the product(s) you have purchased through our website, your remedies will be in accordance with the Australian Consumer Law, and our liability will be limited to replacing the relevant product(s) (where applicable) or providing a refund equivalent to the value of those product(s). Should you believe that any of the products purchased through our website have a defect, it is imperative that you promptly notify us by sending an email to hello@micronutrition.com.au

12. RETURNS

Please refer to our Returns Policy. Unfortunately we do not offer refunds for change of mind returns.

13. CONTACT INFORMATION

If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at hello@micronutrition.com.au

 

14. DISCLAIMER & LIMITATION OF LIABILITY

Except as expressly stated herein, Micronutrition disclaims all warranties, express or implied, regarding the products sold on our site. Micronutrition makes no representations or warranties, either express or implied, including but not limited to merchantability and fitness for a particular purpose, except for the 'consumer guarantees' outlined in the Australian Consumer Law (found at: WWW.ACCC.GOV.AU). You agree that the sole and exclusive maximum liability to Micronutrition arising from any product sold on our site shall be the price of the product ordered. In no event shall Micronutrition, its related entities, or its directors, officers, employees, and representatives be liable for special, indirect, consequential, or punitive damages related to any product sold.

The total liability of Micronutrition Pty Ltd, arising from or in relation to the Purchase Services or these Terms, regardless of the cause (including contractual, tortious, equitable, statutory, or other), shall not exceed the most recent Purchase Price paid by you under these Terms. If you have not paid the Purchase Price, Micronutrition Pty Ltd's total liability shall be limited to the resupply of information or Purchase Services to you.

You explicitly understand and agree that Micronutrition Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be held liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, regardless of the cause and under any theory of liability. This includes, but is not limited to, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, and any other intangible losses.

Micronutrition Pty Ltd assumes no responsibility or liability in any manner for any site content (including the Content and Third Party Content) posted on the Website or related to the Purchase Services. This applies to content posted by users of the Micronutrition Pty Ltd website, third parties, or any of the Purchase Services offered by Micronutrition Pty Ltd.

15. INDEMNITY

You agree to indemnify Micronutrition  Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors against:

• All actions, suits, claims, demands, liabilities, costs, expenses, losses, and damages (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website.
• Any direct or indirect consequences resulting from your access, use, or transactions on the Website, or any attempts to do so, as well as any breach of these Terms by you or your agents.
• Any breach of the Terms.

By agreeing to these Terms, you accept the responsibility to protect and hold harmless Micronutrition Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from any claims or damages resulting from the aforementioned actions.

16. DISPUTE RESOLUTION

Mandatory: In the event of a dispute arising from or relating to the Terms, neither party shall initiate any Tribunal or Court proceedings regarding the dispute, unless the following clauses have been fulfilled (except in cases where urgent interlocutory relief is sought).

Notification: If a party to the Terms believes that a dispute ('Dispute') has arisen under the Terms, that party must provide written notice to the other party, clearly outlining the nature of the dispute, the desired outcome, and the actions necessary to settle the Dispute.

Resolution: Upon receipt of the aforementioned notice ('Notice') by the other party, the Parties involved in the Terms ('Parties') must:

• Endeavour, in good faith, to expeditiously resolve the Dispute through negotiation or any other mutually agreed-upon means within 10 days of receiving the Notice.
• If, for any reason, the Dispute remains unresolved five days after the Notice is delivered, the Parties must either agree on the selection of a mediator or request the appointment of a suitable mediator.
• The Parties shall share equally in the fees and reasonable expenses of the mediator, as well as the costs associated with the venue of the mediation. Furthermore, the Parties commit to paying any amounts requested by the mediator as a precondition for commencing the mediation process. Each Party shall be responsible for covering their own costs related to the mediation.
• The mediation shall take place in Sydney, Australia.

Confidentiality: All communications pertaining to negotiations made by the Parties regarding this dispute resolution clause shall be treated as confidential and, to the fullest extent possible, regarded as "without prejudice" negotiations in accordance with applicable laws of evidence.

Termination of Mediation: If 30 days have passed since the commencement of mediation for the Dispute, and the Dispute remains unresolved, either Party may request the mediator to terminate the mediation, and the mediator must comply with such request.

Venue and Jurisdiction:

The Purchase Services provided by Micronutrition Pty Ltd are intended for the residents of Australia. In the event of any dispute arising from or relating to the Website, you agree that the exclusive venue for resolving such disputes shall be the courts of New South Wales, Australia.

Governing Law:

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim arising from or in connection with the Terms and the rights established herein shall be governed, interpreted, and construed in accordance with the laws of New South Wales, Australia, without reference to conflict of law principles, regardless of any mandatory rules. The validity of this governing law provision is undisputed. The Terms shall be binding upon the parties, as well as their successors and assigns.

Independent Legal Advice:

Both parties affirm and declare that the provisions of the Terms are fair and reasonable. Each party has had the opportunity to seek independent legal advice and acknowledges that the Terms do not contravene public policy on grounds of inequality, bargaining power, or general restraint of trade.

Severance:

If any part of these Terms is determined to be void or unenforceable by a Court of competent jurisdiction, that particular part shall be severed, and the remaining provisions of the Terms shall remain in full force and effect.

17. AMENDMENTS

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and/or purchasing our Products.

18. ELECTRONIC COMMUNICATIONS

We utilise electronic communication methods, which include visiting our Site, sending us e-mails, receiving notices posted on our Site, or receiving communications from us via e-mail. For the purpose of our contractual obligations, you (1) acknowledge and agree to receive communications from us in an electronic format; (2) acknowledge that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically fulfil any legal requirement that such communications would satisfy if they were in writing. This acknowledgement does not affect your statutory rights.

Crawling the Services is permitted if done in accordance with the provisions specified in our robots.txt file. However, scraping the Services is strictly prohibited.

19. GENERAL

This Agreement, along with our Terms of Use, Privacy Policy, and Returns Policy, constitutes the entirety of the legal agreement between the parties involved. It replaces and nullifies any prior agreement or understanding between the parties regarding the subject matter of this Agreement, as well as any previously given representations or warranties.

If any provision of this Agreement is determined to be illegal, invalid, or unenforceable in any jurisdiction, such provision shall be modified to the extent necessary to give it as much effect as possible. If it is not feasible to give the provision any effect at all, it shall be removed from this Agreement. Any modification or removal of a provision does not impact the validity and enforceability of the remaining provisions in that jurisdiction, nor the validity and enforceability of the offending provision in any other jurisdiction.

No failure or delay by either party in exercising any right under this Agreement shall be considered a waiver of that right. Any waiver of a right must be made in writing to be effective. The waiver of a particular right does not release the other party from the strict compliance with the same or any other obligation in the future.

The rights and remedies granted in this Agreement are cumulative and do not exclude any other rights provided by law.

20. MOBILE TERMS OF SERVICE

The Micronutrition mobile message service (the "Service") is operated by Micronutrition (“Micronutrition”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Micronutrition’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Micronutrition through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Micronutrition. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Micronutrition or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Micronutrition mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Micronutrition or email info@micronutrition.com.au 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.