terms and conditions

TERMS & CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

The Website http://limitlesshealth.com.au is owned and offered by Limitless Health and Fitness (herein known as ‘Limitless’) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (‘Terms of Use’).

Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations. The Website has been designed to provide general information about Limitless products, and to offer the opportunity to purchase Limitless products.

You acknowledge and agree that the health information provided on the Website is intended for general consumer understanding and education only, and is not intended to be and is not a substitute for professional medical advice.

Always seek the advice of your doctor before performing any physical activity.

Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease.

Acceptance of conditions

The purchase of Limitless products and use of the http://www.limitless health.com.au/ website are governed by these Terms and Conditions. By purchasing products, or using the website you have agreed to these Terms and Conditions.
Limitless reserves the right to amend these Terms and Conditions at any time. Your continued access to the website will constitute your acceptance of any changes or revisions to the Terms and Conditions. While Limitless has endeavoured to ensure the accuracy of the information accessed via the website, Limitless does not guarantee or give any warranty as to the accuracy, timeliness, or completeness of any information or material on the website.

Privacy

Your purchase and/or access of this website constitutes acceptance of our Privacy Policy.

Orders

Limitless is not responsible to the Customer for a breach of its obligation to supply the Product or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of Limitless (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other “force majeure” occurrence).

Prices & payment

Prices quoted in any order apply to that order only and do not apply in any other circumstances. The Product is payable at the time of the order.

Risk in the Product

The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer.

Delivery

Shipments are made available in Australia and the rest of the world.

Need to add something about PowerTube and their part in delivery. At what point does ownership of the transaction transfer to them.

Most destinations in Australia will be within 2-4 working days.
 Remote destinations can take up to 7 working days. Delivery times notified to the Customer are estimates only and Limitless is not responsible for late or non-delivery.

If the Customer requests the Seller to postpone delivery of the Product beyond the delivery date or dates specified in the order, the Seller may agree to do so if the Customer pays an additional fee for such postponement and for storage charges.

All Limitless are supplied on a delivery only basis & compulsory postage and handling charges apply. Postage & handling charges apply “per item” therefore multiple orders made in the same transaction will incur additional postage & handling charges.

Please check all your order details carefully before processing your order. Limitless will not take responsibility for any product lost or stolen that is addressed incorrectly, due to miss information given on your order form.

Returns and Cancellations

We regret we cannot offer a refund once the product has been opened and used.
If for any reason, you believe the product is faulty or defective in any way, you may request an exchange of opened product. Limitless will exchange a faulty or defective product if it is found there was a production error. This does not apply where a defect has been caused by careless or improper handling, non-adherence to operating instructions, improper installation, other abuse or misuse caused by the Customer or a third party or by fair wear and tear. Similarly, we will not provide a replacement product if the defect, loss or damage caused to the Product occurred during delivery or shipping.

To make a claim, you must obtain a return authorisation number by email. Your email must be sent within 30 days of the date recorded on the order receipt and indicate your personal details, invoice number and product, along with the reason you believe the product is faulty to info@limitlesshealth.com.au. This will enable us to allocate you a return authorisation number & inform you where to send the product believed to be faulty.
If it is found that the product is NOT faulty, you will be charged the postage and/or handling fees. If it is found that the product IS faulty, the product will be replaced and postage and/or handling will be paid for by Limitless.

Cancellations: Due to the order processing of the Website, we cannot accept cancellations. Please make sure you select your product(s) carefully.

Limit of liability

Limitless is not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website.

Limitless Health and Fitness does not warrant that the Website is compatible with your computer equipment or that the website or its server are free of errors or viruses and Limitless is not liable for any damage you may suffer as a result of such destructive features.

Intellectual property

The website is the property of Limitless Health and Fitness. The website, including (but not limited to) text, video, music, sound, graphics, photographs, names, logos, trademark(s) and other material (the Content), is protected by copyright, trademarks and/or other proprietary rights. You must not copy, adapt or distribute the Content unless you have first obtained Limitless’ written consent to do so. You may not use any of Limitless trademark(s) or brands without Limitless’ prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or trademark(s).
You agree to notify Limitless in writing promptly upon becoming aware of any unauthorised access to or use of the website by any party or of any claim that the website or any of the contents of the website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

Feedback

Any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy. Please read the Privacy Policy before submitting personal information to Limitless). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Limitless an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Limitless is free to use them for any purpose.

Termination of access to the service

Limitless has the right to terminate or suspend your ability to access the website, for any or no reason, without notice and without liability.

Governing laws & legalities

This contract is governed by the laws of Australia and the State of New South Wales notwithstanding the place in which the Product or any of them are to be delivered. The Customer and Limitless Health and Fitness irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.

You shall indemnify, defend and hold harmless Limitless, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to your use of the Website or the Content and any breach or non-compliance by you of these Terms of Use. Limitless reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website.

ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR THE INFORMATION ON THE WEBSITE OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, LIMITLESS HEALTH AND FITNESS RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitless Health and Fitness ABN 40 923 213 769