TERMS OF SERVICE
OVERVIEW
Welcome to MySupplements Pty Ltd. In these Terms of Service, “MySupplements”, “we”, “us” and “our” refer to MySupplements Pty Ltd. These Terms of Service apply to your use of the MySupplements website and your purchase of products through our online store. By using our website or placing an order with us, you agree to be bound by these Terms of Service, together with our Refund and Return Policy.
If you do not agree to these Terms of Service, you should not use our website or purchase our products.
ELIGIBILITY
Our products are not intended for children and pregnant or breastfeeding women. You should not purchase or consume our products if they are unsuitable for you based on your age, health, medical circumstances or any other reason. Consult a medical professional before use if you have a medical condition or before starting a diet or exercise program.
Caffeine sensitive individuals may experience symptoms including (but not limited to) restlessness, nervousness, tremors, anxiety, increased heart rate and/or blood pressure or difficulty sleeping. Some individuals may experience a harmless tingling sensation from the concentrated performance dose of beta alanine.
By using our website or placing an order, you confirm that you are legally capable of entering into a binding agreement.
OUR PRODUCTS
MySupplements provides customisable pre-workout products that allow customers to select ingredients, quantities and flavours from the options made available through our website. The available ingredients and maximum quantities may change from time to time. We may add, remove or change available ingredients, flavours, product options or formulations.
We take reasonable steps to ensure that product descriptions and information displayed on our website are accurate and current.
YOUR RECOMMENDED FORMULA
Our website may provide a survey or quiz that generates a “recommended formula” based on the information you provide and predetermined formulation parameters. The recommendation is based on limited general information and is not an assessment of your complete medical history, health status, medication use, allergies, intolerances, nutritional requirements, exercise history or other individual circumstances. It is not medical, nutritional, dietetic or personalised healthcare advice, and is not intended to diagnose, treat, cure or prevent any disease or medical condition.
You are responsible for reviewing the recommended formula, including its ingredients and quantities, and considering whether it is suitable for your individual circumstances before placing an order or consuming the product. This includes considering factors such as your age, health, allergies, intolerances, medical conditions, medications, other supplements and individual tolerance. If you are unsure whether a product or any ingredient or quantity is suitable for you, seek advice from a qualified healthcare professional before purchasing or consuming the product.
You may modify the recommended formula before placing your order. The final formula purchased is the formula selected by you and confirmed at checkout.
The ingredient options and quantity ranges available through our website are limited by our predetermined formulation parameters. The availability of an ingredient or quantity option does not mean that the resulting formula is suitable for every individual.
To the maximum extent permitted by law, MySupplements Pty Ltd is not responsible for loss or damage arising solely from a customer's decision to select or consume a formula that is unsuitable for their individual circumstances, where the product was correctly manufactured and supplied in accordance with the customer's order.
Nothing in these Terms limits any rights or remedies that cannot legally be excluded under the Australian Consumer Law.
PRIVACY POLICY
We collect and handle personal information in connection with your use of our website and purchase of our products. The information we may collect includes information such as your name, email address, delivery address, billing and payment information, order details and information you provide when completing our formula recommendation survey.
We use personal information for purposes including:
- Processing and fulfilling orders
- Providing and delivering products
- Generating formula recommendations based on information provided through our survey
- Communicating with you about your orders and enquiries
- Providing customer support
- Improving our website, products and services
- Preventing fraud and maintaining website security
- Complying with our legal obligations
We may disclose personal information to service providers that assist us in operating our business, including payment processors, delivery providers, fulfillment and co-packing providers, and other service providers reasonably required to provide our services.
We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, or as required by law.
PRODUCT USE AND CUSTOMER RESPONSIBILITY
You are responsible for reviewing the product information, ingredients, directions for use, serving recommendations and warnings provided on the product packaging and website before consuming a product.
Do not consume a product if you know or suspect that any ingredient may be unsuitable for you, including due to an allergy, intolerance, medical condition or other personal circumstance.
You should not exceed the recommended serving size or recommended daily intake stated on the product packaging or website. You should also consider your total daily intake of caffeine and other relevant ingredients from all sources.
If you are a child, pregnant, breastfeeding, taking medication, have a medical condition or are otherwise unsure whether a product is suitable for you, consult a qualified healthcare professional before consuming it.
You are responsible for following all product storage, preparation and usage instructions.
Information provided on our website and product packaging is general information only and is not a substitute for professional medical, nutritional, dietetic or healthcare advice.
To the maximum extent permitted by law, we are not responsible for loss or damage arising from your failure to follow product instructions, incorrect storage, exceeding recommended serving sizes or consumption contrary to product warnings or directions.
ORDERS AND ACCEPTANCE
When you place an order, you are making an offer to purchase the products selected by you.
An order is not accepted until we accept the order or otherwise confirm that the order has been accepted.
We may decline or cancel an order where reasonably necessary, including where:
- A product is unavailable
- There is an error in product information or pricing
- Payment has not been successfully processed
- We reasonably believe the order contains fraudulent or unauthorised activity
- We are unable to fulfill the order.
If we cancel an order after payment has been received, we will provide an appropriate refund where required by law.
You are responsible for carefully checking your order before completing your purchase, including the selected ingredients, quantities of each, serving information, personal and delivery details.
Because our products may be customised according to the formulation selected by the customer, we may be unable to cancel or change an order once it has entered preparation, production or fulfilment.
PRICES AND PAYMENT
Prices displayed on our website are subject to change without notice. We may modify, suspend or discontinue any part of our website, product range or services from time to time.
You agree to provide accurate and complete payment and contact information. We take reasonable steps to ensure that information on our website is accurate and current. However, minor errors or changes may occasionally occur. If we become aware of an error affecting an order, we will take reasonable steps to notify affected customers and provide any remedy required by applicable law.
SHIPPING AND DELIVERY
We will process and dispatch orders in accordance with the shipping information provided on our website.
Delivery timeframes are estimates only and may be affected by circumstances outside our reasonable control, including carrier delays, weather events, service interruptions and incorrect delivery information. We are not responsible for delays caused by incorrect delivery information provided by you or circumstances outside our reasonable control.
You are responsible for providing accurate and complete delivery information.
RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our products may be customised and are intended for consumption. Due to the customised and consumable nature of our products, we do not generally accept change-of-mind returns, refunds or exchanges for customised products, except where required by law.
If you believe there is an issue with your order, please contact us before returning the product so that we can provide appropriate instructions.
If a product is defective, damaged, incorrectly supplied or otherwise fails to meet a consumer guarantee, we will provide the appropriate solution required by applicable law.
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified under the Australian Consumer Law. These limitations do not affect your rights under the Australian Consumer Law.
PRODUCT INFORMATION AND DISCLAIMERS
Information provided on our website is provided for general informational purposes.
We take reasonable steps to ensure that information is accurate and current, but we do not guarantee that all information will always be complete, accurate, current or free from error.
Information about ingredients, formulations and product benefits is not intended to replace professional medical, nutritional, dietetic or healthcare advice.
INTELLECTUAL PROPERTY
The MySupplements name, logo, trademarks, branding, website content, product designs and other materials associated with our business are owned by or licensed to MySupplements Pty Ltd.
You may use our website for personal and lawful purposes only. You must not copy, reproduce, modify, distribute, commercially exploit or otherwise use our intellectual property without our prior written consent, except as permitted by law.
All rights not expressly granted under these Terms are reserved by MySupplements Pty Ltd.
PROHIBITED USE
You must not use our website or services for any unlawful purpose, to provide false or misleading information, to interfere with the operation or security of our website, or to infringe the rights of MySupplements or any other person.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, MySupplements Pty Ltd is not responsible for loss or damage arising solely from a customer’s decision to consume a product despite the product information, ingredients, directions, warnings or other relevant information indicating that the product may be unsuitable for that customer’s individual circumstances.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded or limited under the Australian Consumer Law.
CHANGES TO THESE TERMS
We may update these Terms of Service from time to time by publishing an updated version on our website. The updated Terms will apply from the date they are published, unless otherwise stated. Your continued use of our website after updated Terms are published constitutes acceptance of the updated Terms, to the extent permitted by law.
CONTACT
If you have any questions regarding these Terms of Service, please contact MySupplements Pty Ltd through our website contact page.
MYSUPPLEMENTS PTY LTD
ABN 76700301337