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GENERAL TERMS AND CONDITIONS

Overview

The website you are visiting is owned and operated by Tuff Supps. Throughout the website, the terms “we”, “us” and “our” refer to Tuff Supps. We provide this website, including all resources, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/ or purchasing our products, apparel and accessories, you engage in our “Service” and agree to be bound by the following general terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms are applicable to all users of the site, including without limitation those users who are browsers, vendors, customers, merchants, and/ or content contributors.

Please read these Terms carefully before utilising our website. By engaging with any part of this website, you agree to be bound by these Terms. If you are not in agreement with all the terms and conditions of this agreement, then do not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any modifications or new features or resources which are included to compliment the current store shall also be subject to the Terms of Service. The most current version of the Terms of Service are available for review at all times on this page. We reserve the right to update, modify and/or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix. who provide Tuff Supps with the online e-commerce platform that facilitates any and all transactions including the sale of products and services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Our Website Services

By agreeing to the above mentioned Terms of Service, you confirm that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and that you have given consent to allow any of your minor dependents to use this site. You may not use our products, apparel and accessories for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

Transaction conditions

Tuff Supps reserves the right to refuse products and/or services to any user for any reason at any time. You understand that elements of your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various software applications and networks; and (b) changes to conform and adapt to technical requirements of connecting software, networks or devices. Credit card information is always encrypted during transfer over networks through our gateway provider.

Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Price changes

The pricing of all products are subject to change without prior notice. We reserve the right at any time to modify or discontinue products (including accessories, apparel and special offer bundles) (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of such products.

 

Products

Certain products may have limited/restricted quantities and are subject to return or exchange only according to our Return Policy.

Whilst we make every endeavour to showcase as accurately as possible the colors and images of our products that appear at the store, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any products or services that we offer. Furthermore, we reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. All descriptions of products or product pricing can be subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other items purchased or obtained by you will meet your personal expectations, or that any error in our service to you will be corrected.

Accuracy, completeness and timeliness of information

The content displayed on this website is designed for general information only and should not be solely relied upon or used as the basis for making decisions to the exclusion of consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

The website may contain historical information which may not be contemporary and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site is not accurate, complete or current.

Accuracy of billing and account details

We may, at our sole discretion, cancel or limit the quantities of an item purchased per person, per delivery address or per sales order. We also reserve the right to refuse any order placed with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors who have not applied for and been approved as an accepted dealer, reseller or distributor of our products. Additional terms and conditions apply to such customers. Refer to our wholesale terms and conditions.

Customers agree to provide current, complete and accurate account information for all purchases they make through our website or otherwise. You agree to promptly update your account and other information, including your email address, phone number and credit card numbers and expiration dates, so that we can contact you as needed and/or complete your orders.

 

Third party links

You acknowledge and agree that We are not responsible for any other websites you access by using links on the Website. In particular we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external sites or resources.

Comments and feedback

If at any time you send certain specific submissions (for example contest entries) or, without a request from us you send creative ideas, suggestions, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 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 unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Provision of any personal information through our website or store is governed by our Privacy Policy.

 

Prohibited uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 the Service or any related website for violating any of the prohibited uses.

Indemnity by you

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your electronic devises or internet access account

Warranties and liabilities

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 the 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, the service is at your own personal risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tuff Supps, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost 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, arising from your use of any of the service or any products procured using the 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, or 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.

Force majeure

We are not liable in any way howsoever arising under the Terms to the extent that we are prevented or hindered from acting by events beyond our reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war (force majeure).

If an event of force majeure occurs, we may suspend or terminate the Agreement or services by notice to you.

Health Disclaimer

All material and content provided on the website of Tuff Supps is of a general nature only and is included for the sole purpose of providing general information. Website material and content is not intended to be a substitute for individualised professional medical advice, diagnosis or treatment and reliance should not be placed on it. For personalised medical or nutrition advice, users should make an appointment with their doctor, dietitian or qualified health care professional.

 

Intellectual property and right to use

Copyright, trademarks and all other intellectual property rights in all material or content on the Website (including without limitation text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), You agree that you may not in any form or by any means: copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the website; commercialise any information, products or services obtained from any part of the website, without our prior written permission. You may however print a copy of any information contained on the Website for Your personal use.

SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the website.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of the Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Your access and/or removing any materials from the website).

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination 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 agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Governing legislation

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

 

Contacting Us

Questions about the Terms of Service should be sent to us at: sales@tuffsupps.com.au

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