Terms of Use

About the Website

1. GENERAL

These Terms of Use apply to the use of our website located www.micronutrition.com.au (“Site”) (“Website Terms of Use”). In using our Site, you agree to be bound by these Website Terms of Use, as a legal agreement between us, Micronutrition Pty Ltd ABN 79 657 471 979  (“Micronutrition ” “us”, “we”, “our”), the owner and operator of the Site, and any associated products or services available on the Site (“Products”), and you (“you”, “your” or “user(s)”), a user of the Site and/or Products (“Agreement”).

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

2. INFORMATION DISCLAIMER

Please note that all information provided on our website carries no warranty. The information and statements presented are not intended for the purpose of diagnosing, treating, curing, or preventing any disease. We do not guarantee the completeness or accuracy of any information found on this site or any linked pages. All content on the website, including information related to medical and health conditions, products, and treatments, is solely intended for informational purposes. Such information is often presented in a summarised or aggregated form.

For specific illnesses, diseases, infections, injuries, or any other medical conditions, as well as for dosage instructions of pharmaceutical products obtained through this website, it is essential to seek professional advice. The information provided should not be considered as medical advice in any form. None of our products are intended for the treatment of any medical condition. You assume full responsibility for your utilisation of this information and the consequences that may result from your actions.

The information contained on this website is neither intended nor implied to serve as a substitute for professional medical advice or the information provided on or within any product packaging or labels. Always consult your pharmacist, general practitioner, or other qualified healthcare provider when initiating new medical treatments or health supplements, continuing existing medical treatments or health supplements, or if you have any inquiries concerning your own medical condition or that of others.

The information provided on our website should not be interpreted or utilised as a means for medical diagnosis or treatment.

It is essential to carefully read the label and strictly follow the instructions provided when using any products.

When incorporating weight management supplements into your routine, it is important to do so in conjunction with a healthy, energy-controlled diet and regular physical activity.

Please note that vitamins cannot replace a well-rounded diet or proper nutrition, and they are not inherently superior or more beneficial than dietary nutrients.

Furthermore, the consumption of vitamin supplements may not have an impact on normal health.

3. WARNINGS

Your access and usage of our website are subject to the following terms:

(a) You must refrain from using our site in a manner that violates these Website Terms of Use.

(b) Unlawful activities or purposes are strictly prohibited.

(c) Usage of our site must not involve fraudulent, inaccurate, false, misleading, or deceptive practices.

(d) Any applicable laws, including privacy laws, must not be violated when accessing or using our site.

(e) The rights of any other individuals, including our intellectual property rights, must not be infringed upon.

It is your responsibility to take necessary precautions to protect your computer system from viruses, malicious code, or any other forms of interference when accessing our site. We cannot be held responsible for any interference or damage to your computer system resulting from your use of our site or any linked third-party websites.

While we have no reason to believe that the information on our site is inaccurate, we do not provide a warranty for the accuracy, adequacy, or completeness of such information. We also do not commit to keeping our site regularly updated. The content of advertisements displayed on our site, including hyperlinks to advertisers' websites, is solely the responsibility of the advertisers. The placement of these advertisements does not imply our recommendation or endorsement of the advertised products, and each advertiser is solely accountable for any representations made in connection with their advertisements.

Our product bundles are designed to offer savings while allowing you to explore our range. However, we do not recommend taking all Micronutrition products simultaneously. It is advisable to consult with your general practitioner (GP) before starting any new supplement to ensure its suitability for your personal health needs.

We strongly recommend consulting with your GP before taking any supplements. It is best to seek guidance from a healthcare professional. Please note that this medicine may not be suitable for everyone, and it is important to read the label before making a purchase.

Warnings:

  • If symptoms persist, seek advice from a healthcare professional.
  • Store the product below 25°C in a cool, dry place away from sunlight.
  • Do not use if the seal on the cap/lid has been broken.
  • Some products contains zinc, which may be harmful if consumed in large quantities or over a prolonged period. If symptoms persist, seek advice from a healthcare professional.

4. COPYRIGHT

All intellectual property rights, including copyright, in our website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings, and software) ("Content"), unless otherwise indicated, are either owned or licensed by us and are subject to relevant copyright laws. The selection, assembly, and arrangement of the Content are also protected. Except for the purposes and conditions specified under the Copyright Act 1968 (Cth) or similar legislation applicable in your jurisdiction, and unless expressly authorised by these Website Terms of Use, you are prohibited from:

  • Adapting, reproducing, storing, distributing, printing, displaying, performing, publishing our Content, or creating derivative works from any part of our website; or
  • Commercialising any information, products, or services obtained from any part of our website without obtaining our written permission.

All trademarks displayed on our website belong to their respective owners.

Micronutrition Pty Ltd reserves all rights that are not expressly granted with respect to the website. You agree not to engage in the use, copying, or distribution of any content within the website unless we have provided explicit written permission. Unauthorised use of the materials on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

By uploading, transmitting, posting, or making any material available through the website and associated social media platforms, including providing us with comments, feedback, ideas, or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit, and exploit the material in any form and for any purpose. Furthermore, you unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).

5. USE OF OUR SITE

By utilising our website, you assume responsibility for your own usage and for any usage of our website conducted through your device. Additionally, you acknowledge that your use of our website is intended for personal, non-commercial purposes. You agree not to access, copy, or employ our website, including our intellectual property and trademarks, unless expressly authorised by these Website Terms of Use or by us in writing. Unless otherwise specified in writing, your access to our website is solely granted for personal use. Without our written permission, you are prohibited from reselling information or products obtained from our website.

Please adhere to the following guidelines while using our Site:

  1. You are prohibited from copying, distributing, or disclosing any part of the Site through any medium, including automated or non-automated "scraping."
  2. Do not attempt to interfere with or compromise the integrity or security of the system, or decipher any transmissions to or from the servers running the Site.
  3. Refrain from taking any action that may unreasonably or disproportionately burden our infrastructure, as determined solely at our discretion.
  4. Do not collect or harvest any personally identifiable information, including account names, from the Site.
  5. Treat other individuals who use our Site with respect and refrain from stalking, harassing, bullying, or causing harm to them.
  6. Do not upload, post, transmit, or make available any material that:
    • Is not your original work or may infringe upon the intellectual property or other rights of another person.
    • Is defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent, or otherwise unlawful, including material that vilifies, incites violence or hatred, or is likely to offend, insult, or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability.
    • Includes an image or personal information of another person without their consent.
    • You know or suspect, or should reasonably know or suspect, to be false, misleading, or deceptive.
    • Contains large amounts of untargeted, unwanted, or repetitive content.
    • Provides financial, legal, medical, or other professional advice.
  1. Do not impersonate any person or entity or misrepresent your affiliation with a person or entity.
  2. Understand that Micronutrition Pty Ltd and its Related Entities cannot be held responsible for your use of our Site.
  3. Adhere to all requirements, procedures, policies, and regulations of networks connected to Micronutrition Pty Ltd or its Related Entities.
  4. Do not interfere with or disrupt the normal functioning of the Site.
  5. Do not engage in hacking, spamming, or phishing activities directed towards us or other users.
  6. Provide truthful and accurate content in your interactions on the Site.
  7. Comply with all applicable laws and regulations, and take responsibility for any violations thereof.
  8. Do not use our Site to post false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content.
  9. Do not cause or contribute to the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including requesting the de-indexing or de-caching of any portion of our Site from a third party's website, such as by requesting its removal from a search engine.
  10. Do not upload any content to our Site that includes third-party intellectual property unless you have explicit permission from the owner to use it in the specific manner you intend.

If you have reason to believe that a user has violated any of the aforementioned conditions, please contact us at hello@micronutrition.com.au

We retain the right to refuse service, block or suspend any user of our Site, as well as to modify or remove any material uploaded, posted, transmitted, or otherwise made available on our Site by any user, without prior notice.

We do not accept responsibility for, and assume no liability regarding, any material uploaded, posted, transmitted, or otherwise made available on our Site by any person other than ourselves. The opinions, advice, or statements made by individuals other than ourselves are not endorsed by us.

By agreeing to these Website Terms of Use, you agree to indemnify us, our officers, employees, agents, contractors, suppliers, licensors, and all of our Related Entities. This indemnification includes any and all liability, loss, or damages (including legal and other costs on a full indemnity basis) suffered or incurred by them. Such liability, loss, or damages may arise, in whole or in part, from a breach of these Website Terms of Use, a failure to comply with them, or any other default or wrongful conduct in relation to the subject matter of these Website Terms of Use, committed by you or any of your Affiliates.

6. LINKED WEBSITES / THIRD PARTY WEBSITES

Our Site may include links to Third Party Websites. These links are provided for convenience purposes only and may not always be up-to-date or actively maintained. We do not assume responsibility for the content or privacy practices associated with Third Party Websites. The presence of links to Third Party Websites on our Site should not be interpreted as an endorsement, approval, or recommendation by us of the owners or operators of those Third Party Websites. Additionally, we do not endorse or validate any information, graphics, materials, products, or services found within Third Party Content, unless explicitly stated otherwise.

7. SECURITY OF INFORMATION

Regrettably, it is not possible to guarantee the complete security of data transmitted over the Internet. Despite our efforts to safeguard such information, we do not provide any warranty and cannot guarantee the security of any information you transmit to us. Therefore, any information you transmit to us is done so at your own risk. However, upon receiving your transmission, we will implement reasonable measures to preserve the security of the information.

8. MODIFICATION OF SERVICE

We retain the right to modify, update, or remove our Site at our discretion. These modifications may be carried out for reasons such as security, protection of intellectual property, compliance with legal obligations, or other valid considerations. We are under no obligation to provide explanations for such modifications. For instance, we may release updates to address security vulnerabilities or respond to legal requirements. Please note that this is merely an illustrative example and does not impose an obligation on us to undertake measures to update the Site for security, legal, or other purposes.

We cannot guarantee continuous availability, functionality, or uninterrupted accessibility of the Site. Only individuals who meet the eligibility criteria may access and use our Site. We reserve the right to revoke access for any individual at our discretion.

9. DISCLAIMER FOR USE OF WEBSITE

By using the Website, you acknowledge and agree that such use is entirely at your own risk. Micronutrition Pty Ltd, its directors, officers, employees, representatives, related entities, and third-party content providers do not warrant that the Site will be uninterrupted or error-free. Furthermore, neither Micronutrition nor any of its related entities make any warranty regarding the results that may be obtained from using the Site or the information, content, services, or products provided through the Site.

Additionally, Micronutrition explicitly disclaims any responsibility for the accuracy, content, or availability of information found on third-party sites that are linked to or from the Site. We cannot be held accountable for the accuracy, compliance with copyright laws, legality, or decency of materials contained in such third-party sites, and you hereby waive any claim against us in relation to such sites.

Under no circumstances shall we, our related entities, or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages). These damages may arise from (i) the use of or inability to use the Site, (ii) the cost of acquiring substitute goods or services resulting from any data, information, or services purchased or obtained, or messages received or transactions entered into through or from the Site, (iii) unauthorised access to or alteration of your registration information, transmissions, or data, (iv) statements or conduct of any third party on the Site, (v) negligent or wilful acts of Micronutrition, its directors, officers, employees, related entities, and representatives, or (vi) any other matter relating to the Site.

To the maximum extent permitted by applicable law, we hereby declare that we disclaim all warranties, whether express or implied, including any implied warranties concerning the products and services listed or purchased on or through this website. Except for the consumer guarantees defined by Schedule 2 of the Competition and Consumer Act 2010 ("Consumer Guarantees"), we expressly disclaim any liability for our Site, service, product defects or failures, claims arising from your use of our Site or Products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. However, the exclusions of implied warranties mentioned above do not apply to the extent prohibited by law. Please consult your local laws for any such prohibitions.

By accessing our Site, you assume all risks associated with its use, including the risk that your computer, software, or data may be damaged by viruses, worms, Trojan horses, malware transmitted by this website, or by any third-party content or third-party website. To the extent permitted by law, all warranties, conditions, and claims (whether express or implied) related to our Site are hereby excluded. By accessing our Site, you agree to indemnify and hold us harmless from any loss, damage, costs, or expenses (including legal fees) suffered by any person or entity arising from or connected with your access to our Site.

If you encounter any issues with our Site or its content, your sole remedy is to discontinue using our Site. Likewise, if you experience any problems with the products you have purchased on or through our Site, your sole remedy is to seek a return and refund in accordance with our Terms and Conditions and Returns Policy.

In jurisdictions where limitations on liability are not permitted, the following provisions apply: Despite any provision in this Agreement, if your jurisdiction has specific provisions regarding waiver or liability that conflict with the above, our liability is limited to the fullest extent permitted by law. This limitation applies particularly to jurisdictions where liability cannot be disclaimed for: (a) death or personal injury caused by our negligence or that of any of our officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability that is unlawful to exclude, either now or in the future.

10. 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.

11. YOUR ACCOUNT OBLIGATIONS

By accessing and using the Site, you agree to the following terms:

  1. You will provide accurate, current, and complete information about yourself as requested in the registration form (referred to as the "Registration Information").
  2. You will ensure that the Registration Information remains true, accurate, current, and complete by promptly updating it as necessary.
  3. If any information you provide is found to be untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such inaccuracies, we reserve the right to suspend or terminate your registration and deny you access to the Site, both now and in the future.

You are responsible for maintaining the confidentiality of your password and registration details. You bear full responsibility for all activities that occur under your password and registration. If you become aware of any unauthorised use of your password, account, or any other security breach, you must notify us immediately. At Micronutrition, we consider your Registration Information to be private and treat it as such. We store this information on a secure server to protect it from external parties. We only use the information for limited purposes, including processing your orders, improving our Site and services, administering the Site, and notifying you about products or special offers that may interest you. For more details on how we handle and store your personal information, please refer to our Privacy Policy.

12. OUR RIGHTS

Micronutrition Pty Ltd reserves the right to conduct electronic monitoring of certain areas of the Site. In doing so, we may access and disclose any Content, records, or electronic communications of any nature under the following circumstances: (i) to comply with any applicable law, regulation, or government request; (ii) if such disclosure is necessary or appropriate for the operation of the Site; or (iii) to safeguard our rights, property, or the rights of users, directors, employees, representatives, sponsors, third-party providers, or licensors. Please note that we are not responsible for actively screening, regulating, editing, or monitoring such Content.

In our sole discretion, Micronutrition Pty Ltd reserves the right to terminate or suspend your access to the Site, in whole or in part, without prior notice if we believe, at our sole discretion, that your conduct violates any applicable law or is detrimental to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

13. TERMINATION OF ACCESS

We reserve the right to terminate access to our Site at any time, without prior notice. However, please note that our disclaimer and the indemnity provided by you will continue to apply even after such termination. In the event of service termination, you are required to discontinue the use of our Site and settle any outstanding amounts owed to us. Certain provisions of this Agreement that, by their nature, should survive termination will indeed continue to be in effect. These provisions include, but are not limited too, ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Please understand that we are not obligated to provide you with ongoing access to our Site and we retain the right to terminate the Site at any time and for any reason.

14. GOVERNING LAW

These Website Terms of Use shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this Agreement is deemed too have occurred in New South Wales, Australia.

15. FORUM OF DISPUTE

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.

Independent Legal Advice:

Both parties acknowledge and affirm that the provisions of the Terms are fair and reasonable. They further declare that they have had the opportunity to seek independent legal advice and that the Terms do not violate public policy based on factors such as inequality of bargaining power or general restraints of trade.

Severance:

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

16. NON-WAIVER

We affirm our reservation of all rights granted to us under this Agreement and any applicable law. Our decision not to enforce a specific provision or provisions of this Agreement or any applicable law shall not be interpreted as a waiver of our right to enforce that same provision under the same or different circumstances at any time in the future.

17. NO ASSIGNMENT

Without our prior written consent, you are prohibited from assigning your rights and/or obligations under this Agreement to any other party. However, we retain the discretion to assign our rights and/or obligations under this Agreement to any other party.

18. AMENDMENTS TO WEBSITE TERMS OF USE

We retain the right to modify these Website Terms of Use periodically. Any amendments will take effect immediately upon notification on our Site. By continuing to use our Site after such notification, you indicate your acceptance of the revised Website Terms of Use.