Terms of service
This website is operated by Body Fuel Formulas. Throughout the site the terms “we”, “us” and “our” refers to Body Fuel Formulas. Body Fuel Formulas offers this website and its contents including all information, tools and services to you as the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated below.
Our store is hosted on Shopify Inc. providing us with the online e-commerce platform to sell our products and provide a service to you.
By visiting our site and/or purchasing a product from us, you are engaging in our ‘Service’ and agree to our Terms and Conditions (T&Cs). Once an agreement has been made you are bound by the following T&Cs included within the Body Fuel Formulas Terms and Conditions, and all other Body Fuel Formula Policies, readily available within our website. The Body Fuel Formulas Terms and Conditions apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content. Any new feature or tool that is added to the current store shall also be subject to Body Fuel Formulas Terms and Conditions.
Please read these T&Cs carefully before using our website and/or service. Via any type of use of our website you are bound by all T&Cs listed within this policy. If you do not agree to all T&Cs , you may not access the website or use any services. If our T&Cs are considered an offer, your acceptance is expressly limited to all T&Cs.
TERMS AND CONDITIONS
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any valid reason at any time.
By using the Body Fuel Formula website, product or services you agree to and understand that the information provided by you to us (not including credit card information) may be transferred in an unencrypted form and involve:
- Transmissions over various networks, and
- Changes to conform and adapt to technical requirements of connecting networks or devices.
Note that any credit card information that has been provided by the user is always encrypted data when being transferred over networks.
You also agree that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of our product, use or access to our service, or any contact on the website through which our service is provided, without express written permission and approval by Body Fuel Formulas.
Note that headings used within the Body Fuel Formulas Terms and Conditions are included for convenience only and will not limit or otherwise affect any of our T&Cs listed.
ONLINE STORE TERMS
As a user accessing our website, purchasing a product or using our service, you agree that you are of the legal age within your state or province of residence. You also agree that you have provided us with your consent for any of your minor dependents to access our services.
You may not use our website, product or service for any illegal or unauthorised purposes nor may you, within your use of our service, violate any laws with your jurisdiction (including by not limited to copyright laws). You must not transmit any viruses or code of a destructive nature toward our online store, website or service.
A breach or Violation of any of our T&Cs will result in an immediate termination of your service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although we aim to update our website within an accurate and timely manner, we are not responsible if information at the time of your visit is not accurate, complete or current. The information provided on our website is provided for general information only and should not be relied upon or used as the sole basis of making a decision. Users should consult primary sources of information that is more accurate, complete and/or timely to aid them in their decision making processes. Any reliance on solely the information provided on this site is at your own risk.
The Body Fuel Formulas website may contain certain historical information – information that is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our site. By accessing our site, you agree that it is your responsibility to monitor for any changes that may be made on our behalf to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for any of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any of our products and services at any stage without notice at any time. We shall not be liable to you or to any third-parties for any modifications, price changes, suspension or discontinuation of any products or services.
PRODUCTS AND SERVICES
Particular products and/or services may be available exclusively online through the website. These products and/or services may have limited quantities and are subject to return or exchange only according to the Body Fuel Formulas Return Policy.
We have made every effort to display as accurately as possible through our images the colours and size of our products as you would see them within a store. We however, cannot guarantee that your computer monitor or smart device will display any of these specifications accurately.
We reserve the right, but are not obligated, to limit the number of sales for our products or services to any person, geographic region or jurisdiction. We may exercise our right on a case-by-case basis. We reserve the right to limit quantities of any products or services that we offer to a singular person or group. All descriptions and pricing of our products 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 our website is void where prohibited.
We do not warrant that the quality of any products, services, information, or any other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us with valid reasoning. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders place by or under the same:
- Customer accounts,
- Credit card details, and/or
- Billing and/or shipping address.
In the event that we make a change to or cancel an order we will attempt to notify you via an email, phone number or billing address provided to us at the time of an order being placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by other retailers, resellers or distributors.
By accessing our site, you agree to provide current, complete and accurate purchase and account information for all purchases made via our online store or in person. You agree to promptly updating your account information including email address, credit card information, billing and shipping addresses so that we are able to complete your transactions in a timely and accurate fashion and contact you promptly as and if needed. You agree to promptly notify and update account and shipping information if information at time of purchase is out of date and/or incorrect so that we can try to make the appropriate changes for you to receive the correct product and services.
For more details, please review the Body Fuel Formulas Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools in which we do not monitor, have any control nor input over. You acknowledge and agree that via the use of our website, we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.
The use of any optional tools offered through our site is entirely at your own risk and discretion. Before usage of optional tools, you should ensure that you are familiar with and approve of the terms that such 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 tools and resources). Such new features and/or services shall also be subject to our T&CS
THIRD-PARTY LINKS
To provide you with content, products and services, our website may include material from third-party links. Third-party links located within our site may direct you to third-party websites that are not affiliated with Body Fuel Formulas, our services or products. We are not responsible for examining or evaluating the content or accuracy of third-party links and do not warrant or incur any liability or responsibility for any materials, products or services provided from third parties.
We are also not liable for any harm or damage 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 any policies and practices made available on the third parties’ website and make sure that you agree before you engage in any type of transaction. Complaints, claims, concerns or queries should be directed to said third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you have submitted a specific submission of creative ideas, suggestions, proposals, plans or other materials, upon (e.g. contest entry) or without our request via email, postal mail, or comments (website and social media platforms), it is agreed that we may at any time use this information to proceed with our delivery of products and services. You agree that we may at any time, without restriction, edit, copy publish, distribute, translate and use ideas brought forward by you. We are and shall be under no obligations to:
- Maintain any comments in confidence,
- Pay compensation, and
- Respond to any comments.
We may, but have no obligation to monitor, edit or remove any content that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or violate any party’s intellectual property or our T&Cs.
Once you make a comment on our website, you agree that your comments will not violate 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 defamatory or otherwise unlawful, abusive or obscene material, or contain any virus or other malware that could in any way affect the operation of our service and any related websites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or related third-parties as to the origin of any comments. You are solely responsible for any comments made on your behalf and their accuracy. We take no responsible and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
The submission of your personal information through our online store or social media platforms is governed by the Body Fuel Formulas Privacy Policy readily available for you to review HERE.
ERRORS, INACCURACIES AND OMISSIONS
We try to provide accurate and up to date information upon our site as soon as content is updated. However, occasionally there may be information within the Body Fuel Formulas website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided within our website, product or service is inaccurate at any time without notice – including after you have submitted your order.
Body Fuel Formulas have no obligation to update, amend or clarify any information within our website, products or services, including and without limitation to, pricing information, except whereby required by law. A specified update date applied to any section of our website, product or service should not be taken as an indication that all information within our limits has been modified or updated within this time frame.
PROHIBITED USES
In addition to other prohibitions set forth in the Body Fuel Formulas Terms and Conditions, you are also prohibited from using our website or its content:
- For any unlawful purpose,
- To solicit others to perform or participate in any unlawful acts,
- To violate any international, federal, provincial or state regulations, rules, laws or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation religion, ethnicity, race, age, national origin or disability,
- To submit false or misleading information,
- To upload or transmit viruses or other malware that will or may be used to any way that will affect the functionality or operation of the service or of any related website, other websites or the internet,
- To collect or track the personal information of others,
- To spam, phish, pharm, pretext, spider, crawl or scrape,
- For any obscene or immoral purpose, or
- To interfere with or circumvent the security features of the service or any related website, other websites or the internet.
We reserve the right to terminate your use of website, products and services for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free.
We do not warrant that the results that may be obtained from the use of our service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, our service is at your own risk.
In no case shall Body Fuel Formulas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or employees be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of 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, that arises from:
- your use of any of our services or products,
- procured from using our 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,
- 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless any of the following, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of T&Cs, documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Those you agree to indemnify, defend and hold harmless include:
- Body Fuel Formulas:
- Subsidiaries,
- Affiliates,
- Partners,
- Officers,
- Directors,
- Agents,
- Contractors,
- Licensors,
- Service providers,
- Subcontractors,
- Suppliers,
- Interns, and
- Employees
SEVERABILITY
In the event that the provisions of our T&Cs are determined to be unlawful, void or unenforceable, the delivery of our service shall be nonetheless enforceable to the fullest extent permitted by applicable Australian laws. The unenforceable portion shall be deemed to be severed from our T&Cs and as such shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this policy for all stated purposes.
The Body Fuel Formulas Terms and Conditions are effective unless and until termination by either the user (you) or us. You may terminate your use of our T&Cs 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 we suspect that you fail or have failed to comply with any of our T&Cs, we may terminate our agreement with you at any time without notice and you will remain liable for all amounts due up to and including the date or termination. We may also deny you access to our services (or any part thereafter)
ENTIRE AGREEMENT
Failure to exercise or enforce any term or condition of the Body Fuel Formulas Terms and Conditions shall not constitute a waiver or such term or condition. These T&Cs and any policy posted by Body Fuel Formulas upon or website or in respect to our products and services constitutes the entire agreement and understanding between both parties and governs your use of our service. This supersedes any prior or contemporaneous agreements, communications and or proposals, written or oral, between both parties. This includes but is not limited to any prior versions of our T&Cs.
1.18 GOVERNING LAW
Body Fuel Formulas Terms and Conditions and any other policies and procedures whereby we provide you with a product or service shall be created and governed in accordance with the laws of Australia.
CONTACT INFORMATION
If you require further information, have any questions or concerns at any times regarding this policy or wish to make a complaint about a breach of the APPs by Body Fuel Formulas, get in contact with us. A senior member of staff will review your query or complaint within 5 business days and respond to you promptly, in writing advising of any actions that will take place.
CHANGES TO THIS POLICY
You can review the most current version of our T&Cs at any time via this page.
Body Fuel Formulas reserves the right to modify our T&Cs in whole or in part at any time without notice. All amendments will be issued effective immediately upon the posting of the revised Privacy Policy on our website.
Dependent on the nature of the amendment made, an announce may be made via email or on the homepage of our website. However, by continuing to use the website and our service following any change made to the policy, it will be deemed that you have agreed to such changes. If you do not agree with the terms of this policy, as amendments are made, you must terminate your use of our website and inform us immediately prior to any further receipt of our services.
Last update: September 2021