Terms of Service
The website accessible at www.formesuperblends.com and its related services, products, websites, tools and applications (“Website”) is owned and operated by Power5 Pty Ltd ACN 613 136 628 (“Power5”).
Definitions & Interpretation
- Definitions & Interpretation
In these Terms of Service unless inconsistent with the context or subject matter:
- “Account” means a User’s online account to use our Services;
- “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you and any User you are interacting with are located or which in any way govern or affect an Ad or your use of the Services;
- “Content” includes any material, text, pictures, sound, graphics, video, tutorials, Programs and other data whether in written form or otherwise;
- “Information” means any information, Content, documents, links or attachments;
- “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Website and any other platform developed by Power5 and the source code for those systems and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms of Service;
- “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
- “Product” means the products we sell on the Website;
- “Program” means the programs we supply as described on the Website;
- “our”, “us” and “we” means Forme Superblends;
- “Services” means any services we provide to you, including the Website, and the supply of Products and Programs;
- “Subscription” means a subscription plan for the purchase of Services through the Website;
- “User” means any person who uses the Website;
- “you” and “your” means a User.
In these Terms of Service, unless inconsistent with the context or subject matter:
- a reference to a person includes any other legal entity and vice versa;
- words importing the singular number include the plural number and vice versa;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
- unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
- an obligation of two or more parties binds them jointly and each of them severally.
using the website
- This Website is an informative website where you can browse, select and order Services, read health and nutrition related content and undertake courses.
- Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
- As a condition of your use of this Website, you warrant that you will not use this Website for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms of Service.
- You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of this Website.
Your use of the Website and our Services, and your Information, must not:
- be false, inaccurate or misleading;
- be fraudulent or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
- violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law);
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
- be obscene;
- contain comments of a religious, political or social nature;
- contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Website;
- create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
- damage the credibility or integrity of the Website or Forme Superblends, or dilute, tarnish, or otherwise harm our brand in any way;
- breach or violate any of our policies;
link directly or indirectly to or include anything that:
- you do not have a right to link to or include, or
- could cause us to violate any Applicable Laws;
- copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Service;
- use the Website for any purposes that are not permitted by these Terms of Service or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Forme Superblends endorsement, partnership or otherwise misleads others as to your affiliation with Forme Superblends;
- use our Website in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “stalk” or harass any other User, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the Website in compliance with these Terms of Service.
- To access and use the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
Placing an order for Services
- You may place an order for Services by submitting your order through the Website in accordance with these Terms of Service.
- Any order placed through this site for Services is an offer by you to purchase the particular Services for the price at the time you place an order. Any order placed by you is subject to any limitations shown on the Website.
- We reserve the right to accept or reject your order for any reason and at any time, including without limitation if the requested Services are not available, if there is a pricing error or if there is an issue with the Website.
- The purchase price for the Services and any delivery charges (if applicable) are displayed on the Website at the time you place your order. We reserve the right to change the prices any time before we accept an order.
- You must provide payment via a method accepted by us. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Services at the time you place your order, except where otherwise specified.
- We may offer Subscriptions for certain Services through the Website from time to time.. Where a Subscription is available, payment of the purchase price for the relevant Services is to be made in instalments via direct debit or as otherwise specified on the Website at the time you place your order. You must provide us with current credit or debit card details and you irrevocably authorise us to debit the then stated fee on the Website from your nominated bank account/card at the time you place your order, and on a recurring basis for the period and in the installments as specified on the Website (which may be an indefinite period until cancelled). You may also choose to make payment by other payment methods specified on the Website. If payment under a Subscription is not made when due we reserve the right to cancel your Account, or stop providing the Services. We may also charge you a late payment fee.
- You authorize us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
- Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees us at the same time as paying our fees, even if such fees are not explicitly disclosed on the Website.
- Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Australian dollars.
- To the extent permitted by law any amount paid to us is non-refundable under any circumstances.
- All fees are exclusive of GST which must be paid in addition to the purchase price for any Service at the same time as payment for the Service (unless otherwise indicated).
Title and risk
- Title to the Products purchased from Forme Superblends does not pass from Forme Superblends to you until we have received cleared payment in full for the Products. All risk in the Products passes to you upon delivery to your nominated address.
Delivery OF Products
- Once we have accepted your order and received valid payment in full for the Products we will endeavour to deliver the Products within the timeframes as specified on the Website, however we are unable to guarantee delivery within these timeframes.
- Please note that all shipping times listed on the Website are an estimated time of delivery and we are not responsible for any delays experienced by the couriers when delivering your order.
- We will not be liable for any Loss or damage suffered, nor will you be relieved of performance of any of these conditions, or be entitled to terminate these Terms of Service, as a result of failure by us to meet any delivery date.
- In the event that we deliver the Products to your nominated address, we are entitled to presume that any person at the address is entitled to accept delivery of the Products and we accept no responsibility for any Loss suffered in this regard. If no one is available to accept delivery, we may leave the Products unattended at the address and we accept no responsibility for any Loss suffered in this regard. Alternatively, we may store the Products and attempt redelivery on an alternative day and charge you a storage and redelivery fee prior to delivering the Products.
- When you purchase a Program from us (whether it is a free or paid Program) you are getting from us a licence to view the Program in the manner specified by us. The licence does not grant you the right to resell the Program in any manner (including sharing of Account details so that others can view the Program).
- We grant you a person, limited, non-exclusive, non-transferable licence to access and view the Programs and associated content for which you have paid all required fees, solely for your personal and educational use through the Services in accordance with these Terms of Service.
- We reserve the right to revoke your licence to the Programs at any time, including without limitation if you cancel your order.
- We reserve the right to change the content and pricing of Programs at our discretion without notice.
Cancellation (By Forme Superblends)
We may cancel an order for Services at any time (including any orders that we have accepted) without any liability to you for that cancellation for any reason including, without limitation where:
- the Services are not available;
- there is an error on the description of any Services on the Website relevant to your order.
- If we do cancel your order for Services we will endeavour to notify you, and provide you a refund of all payments made.
- We may cancel an order for Services at any time (including any orders that we have accepted) without any liability to you for that cancellation for any reason including, without limitation where:
Cancellation (by you)
- If you place an order for Services on a Subscription that is not what you expected, you can cancel your Subscription at any time on providing us with 30 days written notice. Following the termination taking effect, all future debits/payments will cease however you will not be afforded a refund of any payments already received. You may not cancel the purchase of any Service that is not on a Subscription.
- If we believe you are abusing our cancellation policy we reserve the right to suspend your Account. For the avoidance of doubt the above cancellation policy is only applicable to the order for Services on a Subscription.
Returns for faulty products
- You should check your Products as soon as they are delivered to you to ensure that they are what you ordered and that they are not damaged or faulty. If this is the case, you should contact us as soon as possible, and within 7 days of delivery. Upon such notification you must provide us with a means to inspect the Products (such as a photo).
- You are not entitled to a return of damaged or faulty goods due to the original packaging arriving damaged. The packaging exists to protect the Products themselves.
We will only accept Product returns provided that:
- You comply with this clause 10;
- We agree that the Products are damaged or faulty;
- The Products are returned to us at your cost;
- The Products are accompanied by all original delivery documentation.
- Where the Product is faulty or damaged we will provide you with, at our discretion a replacement for the Product, an exchange voucher, refund or repair.
Your legal rights
- Your purchase of Products will be subject to certain laws including, without limitation, the Australian Consumer Law. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms of Service shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Access and Termination
- We reserve the right, in our sole discretion, to terminate your access to this Website or any part of it at any time, without notice.
Intellectual Property Rights
- Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of Forme Superblends at all times.
You agree that:
- you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
- you must not attempt to disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website;
- Forme Superblends owns all Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you;
- if you add any Information to the Website of any nature whatsoever that Information is personally attributable to you and you warrant that you have the right to distribute that Information;
- you acknowledge that when you provide us with Information, we may receive additional related data, such as the time, date and place you provided the Information;
- we are not liable or responsible for any Loss that you may experience in submitting Information to us or for our use of your Information in accordance with the licence granted.
- We may in our sole and absolute discretion refuse or remove any Information from the Website.
THIRD PARTY SERVICES
- We may list or provide you with third party services on the Website.
- You acknowledge and agree that by utilising any third party services through our Website (such as PayPal or any other payment provider) you are bound by the terms and conditions of that third party and we are not liable for any Loss, claims or damages howsoever arising in connection with that third party.
- In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
- You acknowledge and agree that your use of this Website is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website for any purpose, to the maximum extent permitted by applicable law, anything contained in this Website is without warranty of any kind. For the avoidance of doubt we give no warranty that the Website and the nutritional and exercise information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result including, but not limited to, any weight management and health expectations you may have.
No Medical or Health Advice
- The Content contained on the Website and in any linked or referred to materials or websites is not and should not be construed as medical or health advice. The Content is provided as a convenience to you and is to be taken as general information only.
- This Website is not intended to establish a doctor/health practitioner-patient relationship between us and you, nor is it intended to replace the services of a health care professional. The Website is not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. We cannot and will not, assume the role of your doctor or nutritionist.
- If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner.
- You should not rely on any information contained in the Website or linked or referred to materials or websites in making medical, health-related or any other decisions of any kind.
- While every effort is taken to ensure the Content is accurate, we make no representations and give no warranties that the Content is correct, current, complete, reliable or suitable for any purpose, or that the Website is free from viruses. We disclaim all liability for any direct or indirect loss, damage, cost or expense suffered by you arising in connection with your use of, or reliance upon, the Content or the Website.
- You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before using any of our Products or Programs or relying on any Information on the Website.
- You should be in good health and physically fit when using our Products or Programs or Service, as failure to be in good health may result in adverse health consequences.
- Please seek medical advice in regards to your health conditions and physical fitness.
- If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
- You acknowledge that you are solely responsible for following, or not following, or making an assessment of any advice, recipe or health or eating program and/or use any Products or Programs that we provide or recommend via the Website and that Forme Superblends is not responsible for any Loss that you may suffer as a result of use of the Website, or Services.
- This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or your use of this Website.
Limitation of Liability
- We disclaim liability to you or any other person or entity for any Loss howsoever arising as a result of your use of this Website in any way or the Goods supplied by Forme Superblends, subject to the requirements of any Applicable Laws.
- You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms of Service by Forme Superblends.
- We will not be liable to you or any other person or entity for any Loss whatsoever arising as a result of your use of our Services.
- The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, our liability to you is limited at our option to:
- In the case of Products, the repair or replacement of the Products or the re-supply of equivalent Products; or
- In the case of other Services supplied, to supplying those Services again (or the cost).
- This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.
- You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms of Service or any policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
- We take all reasonable steps, however we do not guarantee the security of the Website, our records, or your Information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
- Continuous accessibility to the Website is dependent upon third party services and as a result, the Website may be inaccessible from time to time. We cannot guarantee continuous or secure access to our Website and to the extent permitted by law, we do not give any promises or warranties about the availability of our Services, or that the Services will be provided uninterrupted, delay-free or error-free.
- If you are in the business of providing similar Services then you are a competitor of us. Competitors are not permitted to use or access the Services. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
Reviews and other Submissions
- If you submit a review or other Content to us, or if you tag us in any of your own Content (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.
You represent and warrant that you own or otherwise control all the rights to the Content and that at the date of submissions:
- The Content is accurate;
- The Content does not breach any applicable laws.
Third Party sites
- The Website may contain links to other websites.
- Forme Superblends is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by Forme Superblends.
- Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Forme Superblends.
- By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or Losses, however arising, which results from your use of the link to access another site.
- By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
- You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you.
- Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
- These Terms of Service are governed by the laws of Victoria, and the parties submit to the jurisdiction of the Courts of Victoria and relevant federal/Commonwealth courts competent to hear appears from them.
- These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
- If a clause of these Terms of Service is void or unenforceable it must be severed from these Terms of Service and the clauses that are not void or unenforceable shall be unaffected by the severance.
- You agree that these Terms of Service and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms of Service without obtaining our prior written consent.
- Our failure to enforce a provision of these Terms of Service or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of Forme Superblends.
- You agree that these Terms of Service may not be construed adversely against us solely because we prepared them.
- These Terms of Service and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
- Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Forme Superblends and Users.
- The People’s Posts
By posting or submitting content on or to Our Website, you are granting us perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Forme Superblends holds the right to compile, re-edit, adapt or modify your submission or create derivative works therefrom. We are not responsible for the consequences of your sharing or posting any submitted work on our website.