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Member, you, your

Date of birth(Required)

Elite Sports Nutrition

Elite Sports Nutrition ABN 52 649 819 367 | info@elitesportsnutrition.com.au | 03 9764 1142

Business, we, us, our

Elite Sports Nutrition

Premises

Unit 16, 12 Henderson Road Knoxfield VIC 3180

Activities

Nutrition Programming, Meal Plans, Nutrition Guides & Suggestions, Evolt Body Scans, Nutrition Coaching and Mentoring

Commencement Dat(Required)
Minimum Term(Required)
Cancellation Fee(Required)

Fee Payment Method

Direct Debit through Ezidebit Pty Ltd OR Pre-Payment Upfront using Cash/Credit Card/EFT/Direct Bank Deposit

Direct Debit Request

*Direct debits incur a $1.25 transaction fee per transaction and is included in the amount shown.
beginning on

By signing the Membership Form, you authorise Elite Sports Nutrition financial institution, Ezidebit Pty Ltd, ACN 096 902 813 (User ID No 165969) (Ezidebit) to debit the Fortnightly Debit amount from your credit card or account at the Financial Institution identified below, as applicable, through the Bulk Electronic Clearing System in accordance with this Direct Debit Request, the Terms and Conditions below and your DDR Service Agreement with Ezidebit Pty Ltd included in Appendix C. You acknowledge and agree that if your Membership Plan is ‘Month to month’ or ‘Minimum Term’, then this Agreement will not terminate and we will continue to debit your nominated account or credit card in line with your Direct Debit Request and DDR Service Agreement with Ezidebit, unless you cancel this Agreement by providing us with a 30 day written notice by filling out a Membership Cancellation Form in accordance with clause 18 of the Terms and Conditions.

You acknowledge that you have been given the option of choosing a Membership Plan based on either periodic billing (ongoing direct debit) or pre-payment (lump-sum payment).

By signing below, the Member, or if the Member is a minor, their Parent or Guardian on their behalf, agrees to the terms and conditions of this Membership Form and the Terms and Conditions attached including the DDR Service Agreement below (together, this Agreement).

Participating in the Activities is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. Elite Sports Nutrition uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Activities at your own risk and acknowledge you understand your rights under Australian Consumer Laws, and how Elite Sports Nutrition limits its liability to you.

You acknowledge and agree that if your Membership Plan is ‘Upfront’ and you decide to cancel this Agreement, no refund will be payable to you by Elite Sports Nutrition for any unused period of your Membership Plan Minimum Term.

Signed by the Member or (if applicable) their Parent or Guardian:
Executed as an agreement on(Required)
Date(Required)

DDR Service Agreement

I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (herein referred to as “Ezidebit”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).

I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.

Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

I/We acknowledge that there may be a delay in processing the debit if:(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business.

I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.

I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.

I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we agree to contact my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee may be payable by me/us to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Request. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.

I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.

Credit Card Payments
I/We acknowledge that “Ezidebit” will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business.

I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.

I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.

Other than as provided in this Agreement or the Ezidebit Privacy Policy, Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. Ezidebit’s Privacy Policy can be found at http://www.ezidebit.com/au/privacypolicy/

I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.

I/We authorise:
a) Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and
b) my/our financial institution to release information allowing Ezidebit to verify my/our account details.

You acknowledge that you have been given the option of choosing a Membership Plan based on either periodic billing (ongoing direct debit) or pre-payment (lump-sum payment).

By signing below, the Member, or if the Member is a minor, their Parent or Guardian on their behalf, agrees to the terms and conditions of this Membership Form and the Terms and Conditions attached including the DDR Service Agreement below (together, this Agreement).

Participating in the Activities is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. Elite Sports Nutrition uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Activities at your own risk and acknowledge you understand your rights under Australian Consumer Laws, and how Elite Sports Nutrition limits its liability to you.

You acknowledge and agree that if your Membership Plan is ‘Upfront’ and you decide to cancel this Agreement, no refund will be payable to you by Elite Sports Nutrition for any unused period of your Membership Plan Minimum Term.

I've read and agree to the DDR Service Agreement(Required)

Terms and Conditions

These Terms and Conditions set out the agreement (this Agreement) under which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will access our website and obtain products and services, including the Services, from Elite Sports Nutrition owned by World Fitness Cartel Pty Ltd ACN 649819367 (Elite Sports Nutrition, ESN, we, us, our).

We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website. It is your responsibility to check our Terms and Conditions periodically for changes. If you order products and services or continue to use or access the website following any changes, this constitutes acceptance of those changes.

A member is anyone who purchases any products or services from us and is required to complete a Membership Form to receive those products or services (Member). If you become a Member the Agreement includes these Terms and Conditions and your Membership Form and may only be changed by us upon 30 days written notice.

WEBSITE TERMS OF USE

By accessing or using the site elitesportsnutrition.com.au and/or purchasing something from us, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement will apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on this page.

You acknowledge and agree that the information published by Elite Sports Nutrition on the Website, is intended to provide general information in summary form. All information provided by us on the Website is provided from sources which we believe to be accurate and up to date as at the date of publication. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through the Website.

Elite Sports Nutrition will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted on the Website. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

It is acknowledged that any specific advice is intended for the individual to whom it has been prescribed. Elite Sports Nutrition takes no liability for the supply of information outside the duties associated with its provision to a serviced client.

Professional Advice is deemed as advice provided to an individual specific to their circumstances. Any information passed on and not designed for that specific individual is considered information. Our experts may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Elite Sports Nutrition.

ELITE SPORTS NUTRITION MEMBERS
  1. Members

    a. A member is anyone who purchases any products or services from us and is required to complete a Membership Form to receive those products or services (Member).

    b. If you become a Member the Agreement includes these Terms and Conditions and your Membership Form and may only be changed by us upon 30 days written notice.

  2. Term

    This agreement commences on the Commencement Date and continues for the minimum term as set out in the Membership Form. Agreements that are created using the ongoing direct debit payment option will continue for the duration of the Minimum Term, and then automatically as a ‘Month to Month’ Membership Plan until terminated in accordance with clause 6.

  3. Member Obligations
    1. CAPACITY AND AGE

      The Member warrants that they:

      1. have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;
      2. are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.
    2. PRE-ACTIVITY OBLIGATIONS

      The Member warrants that, on or prior to the Commencement Date, they:

      1. will complete the Membership Form including the Client Questionnaire and Risk Stratification Tool;
      2. have read and signed the Waiver in the Membership Form; and
      3. accept any Third Party Terms, in accordance with clause 8.
    3. YOUR HEALTH AND FITNESS LEVEL

      The Member acknowledges that:

      1. in becoming a Member you represent that you are in good physical condition and have no medical reason or impairment that might prevent you from receiving nutritional care from us. You acknowledge that we cannot provide any medical advice and if you have any health or medical concerns now or after you join, you will discuss them with your doctor and disclose them to us immediately.
      2. you also acknowledge to advise us if your health or medical condition changes after you join. We may choose to refuse a membership agreement until your doctor agrees in writing that you are suitable to receive nutritional care from us or that you provide us proof that you have received medical advice on an appropriate nutritional care plan.
      3. if you are with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of a new fitness or dietary regime should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified healthcare professional
      4. by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
    4. ACCURACY OF YOUR PERSONAL INFORMATION

      1. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site and/or provided via our Services.
      2. Our Services may not be suitable to your particular circumstances. You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
      3. You warrant the truth, accuracy, currency and completeness of any information you provide us.
    5. NUTRITION INFORMATION PROVIDED BY US

      1. Our nutritionists are nationally accredited with the Nutrition Council Australia. However, before relying on any nutritional information provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
      2. Nutrient data provided through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
    6. USER ACCOUNTS

      We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.

      You are solely responsible for protecting the security and confidentiality of your Login and for all Services on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.

      You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

    7. PERSONAL INFORMATION

      We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

      You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

    8. PAYMENT

      We use Stripe as our secure online payment system.

      In order to purchase any of our Services (including any products) you will be required to provide us with your credit card information. Please be aware that when purchasing through our Site, all credit card information may be shared with our third party payment processors such Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

      All orders must be pre-paid. Orders will only be sent out or available for download (for electronic products, such as eBooks) or consultation confirmed after full payment of the total amount is cleared.You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.

      From time to time we may issue promotional or discount codes for use for purchases via our Site. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

      If you have any issues with payment do not hesitate to contact us at info@elitesportsnutrition.com.au

    9. DIRECT DEBIT

      The Member:

      (a) agrees to enter into DDR Service Agreement with Ezidebit;

      (b) authorises Elite Sports Nutrition to charge the Member’s bank account in advance in line with the Membership Form and DDR Service Agreement;

      (c) acknowledges and agrees that each direct debit payment will incur a $1.25 transaction fee per transaction for bank accounts and $1.25 or 2.2%, whichever is greater, for Visa and MasterCard;

      (d) must ensure that there are sufficient funds available in their account to allow Ezidebit to debit the Fees payable;

      (e) must give Elite Sports Nutrition a notice of at least 48 hours if:

      (i) the Member is transferring or closing the account specified in their DDR;(ii) there are any changes to the Member’s credit card specified in their DDR; and

      (f) acknowledges and agrees that if a debit is returned by the Member’s financial institution as ‘unpaid’:

      (i) Elite Sports Nutrition will charge the Member a $7 dishonour fee in addition to any fees charged under the DDR Service Agreement by Ezidebit; and(ii) Elite Sports Nutrition will suspend your Nutrition Program access until the amounts payable are received by Elite Sports Nutrition.

    10. FEE INCREASES

      We reserve the right to increase the Fees at any time after the period of your initial Membership Plan has ended, or at any time if your Membership Plan is ‘Month to Month’, by giving you a 31- day notice of such increase.

    11. EZIDEBIT

      Elite Sports Nutrition may use either Ezidebit or Stripe to collect recurring Fee payments. The processing of payments by Ezidebit will be, in addition to this Agreement, subject to your DDR Service Agreement and the privacy policy of Ezidebit and we are not liable for the security or performance of Ezidebit. We reserve the right to correct, or to instruct Ezidebit to correct, any errors or mistakes in collecting your payment.

    12. DEBT RECOVERY

      If you do not pay an amount due under this Agreement on or before the date that it is due:

      (a) Elite Sports Nutrition may seek to recover the amount due by referring the matter to debt collectors; and

      (b) you must reimburse Elite Sports Nutrition for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement

  4. BOOKING, REFUNDS AND CANCELLATIONS

    Any appointment bookings made with us require a minimum of 48 hours’ notice of cancellation during business days in the State of Victoria to be eligible for a full refund should you wish to cancel your appointment. If you wish to change your appointment time, we require a minimum of 48 hours’ notice during business days.

    Your rights to refund or replacement (if applicable) in respect of our Services are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

    In the event of any defect with the Services (including any products) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at info@elitesportsnutrition.com.au

  5. CANCELLATION OF MEMBERSHIP
    1. BY ELITE SPORTS NUTRITION

      Elite Sports Nutrition may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any term of this Agreement.

    2. NOTICE – ALL MEMBERS

      if you wish to cancel this agreement, you must provide a 30 day written notice to Elite Sports Nutrition by filling out a Membership Cancellation Form available on request from ESN.

    3. MINIMUM TERM MEMBERSHIP PLAN

      If you are on a ‘Minimum Term’ Membership Plan:

      1. you must pay Elite Sports Nutrition the Cancellation Fee specified in the Membership Form, if the Notice is prior to the expiry of the Minimum Term;
      2. no Cancellation Fee is payable, if the Notice is after the expiry of the Minimum Term and we will refund any pro-rata direct debit that covers a period of time past the Notice period.
    4. MONTH BY MONTH MEMBERSHIP PLAN

      If you are on a Month by Month Membership Plan we will refund any pro-rata direct debit that covers a period of time past the Notice period.

    5. SURVIVAL

      Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.

  6. SUSPENSION OF MEMBERSHIP

    (a) You may suspend your Membership Plan for a minimum of 2 weeks at a time so long as the total time suspended within a 12 month period does not exceed 6 fortnights.

    (b) To suspend your Membership Plan you must:

    (i) notify Elite Sports Nutrition in writing with reasonable notice period prior to the date of suspension; and

    (ii) not have any outstanding Fees to pay to Elite Sports Nutrition.

  7. THIRD PARTY GOODS AND SERVICES

    We may provide you with access or recommendations to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site or consultations with Elite Sports Nutrition is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which 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 these Terms of Service

    Any Service that requires Elite Sports Nutrition to acquire or recommend goods and services supplied by a third party on behalf of the Member may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

    The Member agrees to familiarise itself with any Third Party Terms applicable to any such goods and services and, by instructing Elite Sports Nutrition to acquire the goods or services on the Member’s behalf, the Member will be taken to have agreed to such Third Party Terms.

    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages 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 the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  8. LIABILITIES AND INDEMNITIES
    1. NO RELIANCE

      The Member acknowledges that in deciding to pay for the Services and in entering into this Agreement the Member has not relied on the skill or judgment of Elite Sports Nutrition and that the Member has satisfied itself as to the condition and suitability of the Products/or Services and their own health and fitness for the Member’s purpose.

    2. DISCLAIMERS

      To the maximum extent permitted under applicable law, and without limiting any of the Member’s rights under the Competition and Consumer Act 2010 (Cth) Elite Sports Nutrition’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

      (a) is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and

      (b) is limited, insofar as concerns other liability, to the total money paid to Elite Sports Nutrition under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

    3. LIMITATIONS AND LIABILITY

      (a) Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

      (b) For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

      (c) With the exception of Consumer Guarantees, we exclude:

      (i) any term, condition or warranty that may otherwise be implied by custom, law or statute;

      (ii) any liability for loss caused by our negligence; and

      (iii) any liability for Consequential Loss.

      • To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:

      (i) In the case of goods, to:

      (A) the replacement of the goods or the supply of equivalent goods;

      (B)the repair of the goods;

      (C)the payment of the cost of replacing the goods or of acquiring equivalent goods; or

      (D)the payment of the cost of having the goods repaired.

      (ii) In the case of services, to:

      (A)the supplying of the services again; or

      (B)the payment of the cost of having the services supplied again.

      (d) In the event of any problem with the Services (including any products) that you have purchased on or through this Site or otherwise from us, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Site.

      For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

      If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site, Services (and any products) within the last three months, whichever is greater.

    4. INDEMNITY

      You agree to defend, indemnify and hold harmless Elite Sports Nutrition its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

      • your use of and access to our Site and Service;
      • any breach of any term or condition of this Agreement;
      • any negligent, fraudulent or criminal act or omission of the Member or its Personnel;
      • any breach of any term or condition of our Privacy Policy;
      • an event, where circumstances giving rise to a claim, were caused or contributed to by the Member;
      • any breach of any third party right, including without limitation any copyright, property, or privacy right; or
      • any claim that any of your use caused damage to a third party.

      This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.

    5. DISPUTE RESOLUTION

      (a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.

      (b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.

      (c) The parties acknowledge that compliance with this clause 19 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except: (i) in the case of applications for urgent interlocutory relief; or (ii) a breach by another party of this clause

    6. PRIVACY AND CHILD PROTECTION

      We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (VIC) (“HRA”) and the applicable Health Privacy Principles in the HRA when handling personal information which is health information.

      Our Privacy Policy can be accessed by clicking on this link

      FGE complies with all Australian Child Protection legislation to the extent applicable.

    7. HOICE OF LAW

      This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.

    8. SEVERABILITY

      In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

      If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

    9. ASSIGNMENT

      You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

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