TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.fit-mixes.com website (the “Service”) operated by Fit Mixes (“us”, “we”, “our” or “Fit Mixes”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service. These Terms apply to all visitors, users and others who access or use the Service.
You must not do, or permit any third parties to do, any of the following:
- Use the Service in any way that causes, or may cause, damage to the Service, or impairment of the performance, availability or accessibility of the Service;
- Use the Service in any way that is fraudulent, harmful, illegal or unlawful, or in connection with any fraudulent, harmful, illegal or unlawful activity;
- Use the Service to distribute, host, publish, send, store or transmit any material which contains or is linked to any virus, worm or other harmful component;
- Use data collected from the Service to contact individuals, companies or other persons or entities;
- Use the Service to distribute, post, publish or transmit any abusive, defamatory, obscene, pornographic, profane, threatening or unlawful information of any kind including, without limitation, any transmissions that constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law;
- Use the Service to distribute, post, publish or transmit any information or content that is protected by copyright or other proprietary right, without first obtaining the permission of the copyright owner or right holder;
- Supply to us any information that is untrue, inaccurate or misleading; or
- Allow third parties to use your account and password.
By creating a Fit Mixes account, you agree to use the Service in a private, responsible and secure manner. You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password. We will not be liable for any damages or losses that may arise from unauthorised access should you neglect to do so.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of the Terms which – by their nature – should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.
Deliveries are processed promptly following the receipt of full payment. Delivery times may vary depending on the delivery company, selected delivery priority and the destination. We disclaim any responsibility for goods that may be either damaged in transit or not received. Damaged or lost orders should be resolved directly with the delivery company. The replacement of damaged or lost orders will be made at our sole discretion.
In these Terms, a “force majeure event” refers to:
- Any event that is beyond our reasonable control;
- The unobtainability of any required raw materials or products;
- Power failure, industrial disputes affecting any third party, governmental regulations, disasters, civil disorders, acts or threats of terrorism, or wars; and/or
- Any other unforeseeable circumstances beyond our control against which it would have been unreasonable for us to take precautions, and which we cannot avoid even by using our best efforts.
Should a force majeure event cause any failure or delay in us performing our obligations under these Terms, we shall not be considered in breach of these Terms if we suspend those obligations for the duration of the force majeure event. If we become aware of a force majeure event that will cause, or is likely to cause, any failure or delay in us performing our obligations under these Terms, we will provide you with notice as soon as practicable. We will take all reasonable steps to alleviate the effects of any force majeure event.
Returns and Refunds
For the purposes of health and safety, we are unable to resell any goods that have been returned to us. For this reason, we are unable to accept any returns due to changes of mind. Once an order has shipped from our warehouse, it must be final sale. You further accept that it is your responsibility to read the list of ingredients and other details carefully prior to purchase.
In the event that you believe your order to be faulty or incorrect, please contact us, and we will be happy to assist you.
If you believe your order is faulty or incorrect, you have 7 days from the date your order was delivered to report your concern. Once 7 days have lapsed, we will no longer be able to accept your return and/or offer you an exchange or refund.
We will only accept a return and offer an exchange or refund in the event that your order is faulty or incorrect. If your order qualifies for a return, we will arrange for your order to be collected. Your order must be returned in the same condition it was received, and be accompanied by your receipt or proof of purchase.
Exchanges and Refunds
We will notify you once we have received your returned item. After we have inspected the item, we will notify you of the status of your return.
If your return is approved, you will be offered the option of receiving an exchange of equal or lesser value (“Exchange”), or a refund. If you elect to receive an exchange, we will arrange for the replacement to be shipped to you, at no cost to you. If you select to receive a refund, we will process a full refund, less the shipping fees, to your credit card or original method of payment. You will receive the credit within a certain number of days, depending on your card issuer’s policies.
Shipping costs are non-refundable. In the event that your order is eligible for return, we will arrange for your order to be collected from you, at no cost to you. If it is determined that you are eligible to receive a refund, the cost of shipping will be deducted from your refund.
The Service and all of the contents contained on the Service, including but not limited to: audio clips, digital downloads, graphics, images, layouts, logos, text and software, are our exclusive property. You are not permitted to copy, distribute, modify, reproduce, republish, store, transmit or upload any such content for the purposes of sale or the use by any third party without our prior express written consent.
All such content and material is protected by domestic and international copyright, intellectual property and trademark laws. All copyright, intellectual property rights and trademark rights regarding the Service and its content are reserved.
We grant you a non-exclusive and non-transferable limited license to access, view, download for caching, and print pages from the Service for your own personal use. You must not adapt, copy, duplicate, modify, reproduce, republish (including republication on another web site), rent, sell or resell, show in public or transmit any material on the Service without our prior express written consent. This authorisation will not constitute a transfer of title in and to the materials, and is subject to the following restrictions:
You must not:
- Copy, duplicate, reproduce, republish (including republication on another web site) or otherwise exploit any material on the Service for a commercial purpose;
- Edit or otherwise modify any material on the Service;
- Redistribute any materials from the Service except for content specifically and expressly made for redistribution; or
- Transfer the materials on the Service to any other person unless you provide them with notice of, and they agree to accept, these Terms.
We respect the copyright and intellectual property of others, and expect you and all other users to do the same. If you provide us with any content (“User Content”) for the purpose of making the content available on our Service, you represent and warrant that:
- You are wholly responsible for all of your User Content;
- You grant us a non-exclusive, royalty-free, transferable, perpetual, irrevocable and worldwide license to copy, distribute, publicly display, modify, use and create derivative works based upon your User Content in relation to operating the Service and providing content and the Service to you and other users of the Service, and unconditionally waive any moral rights that you might have in respect of your User Content;
- You own all of your User Content or have all the rights that are necessary to grant us the license rights of your User Content under these Terms; and
- Neither your User Content, nor your provision of your User Content, nor any of our use of your User Content on or through the Service will infringe, misappropriate or violate a third party’s copyrights, intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You may remove your User Content at any time by explicitly deleting it. However, please note that in certain cases, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. We disclaim any responsibility or liability for the removal or deletion of any of your User Content. We do not claim ownership rights of any User Content that you make available through the Service, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
If you believe your copyright-protected work has been posted on our Service without your authorisation, you may submit a copyright infringement notification. These requests should only be submitted by you (the copyright owner) or an agent authorised to act on your behalf. The fastest and easiest way to notify us of any alleged copyright infringement is by contacting us with the subject heading “Copyright”. If you choose to request the removal of any content by submitting a copyright infringement notification, please remember that you are initiating a legal process. You may not make false claims.
In these Terms, “moral rights” means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship granted under the Copyright Act 1968 (Cth) and any similar rights under any foreign laws.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Fit Mixes.
Fit Mixes has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party web sites or services. You further acknowledge and agree that Fit Mixes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Disclaimer of Warranties
To the maximum extent permitted by law, and save to the extent expressly provided otherwise in these Terms, we:
- Exclude all rights, remedies, guarantees, conditions and warranties in respect of any information, goods or services relating to our Service and the use of our Service; and
- Limit our liability for breach of any applicable non-excludable statutory guarantee to the following remedies:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
We do not warrant or represent:
- That any documents, information or material published on our Service is accurate, complete, correct, reliable, suitable or up to date;
- That our Service or any component of our Service will remain available;
- That our documents, goods or services will be free of errors;
- That defects will be corrected; or
- That our Service or server is free of viruses or any other harmful components.
We reserve the right to discontinue or alter any or all of our Service and to stop publishing our Service at any time in our sole discretion without notice or explanation.
Limitations of Liability
Nothing in these Terms will limit or exclude any liability for death or personal injury resulting from our negligence; for fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under applicable law. Subject to this, our liability to you in relation to our Service or under these Terms, whether it is in contract, tort (including negligence) or breach of statutory duty, will be limited as follows:
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature;
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control;
- We will not be liable to you in respect of any business losses, including (without limitation) loss of profits, anticipated savings, business, contracts, data, goodwill, opportunities, production, revenue or use; and
- We will not be liable to you in respect of any consequential, indirect or special loss or damage.
The information published on our Service is for general information purposes only. It is not intended to substitute any professional advice or treatment. Any statements regarding dietary supplementation are to be used at your discretion and are not intended to cure, diagnose, prevent or treat any condition or disease.
If you have or suspect that you may have allergies or medical issues which may be affected by certain foods, or, after consuming any of our products, experience or suspect that you may be experiencing any side effects, you should contact your healthcare provider without delay.
You indemnify us and our contractors, officers, employees and agents for and against any and all claims, costs, damages, expenses, liabilities, losses and payments (including, but not limited to, legal expenses on a full indemnity basis and amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of Clark County, Nevada, USA. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the Courts of Clark County, Nevada, USA.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Last Updated: November 11, 2016