Terms of service

The use of this  Website Platform is subject to these Terms and Conditions (inclusive of the Privacy Policy, any other documents referred to herein) of Powerhouse Health & Nutrition Pty Ltd T/A Powerhouse Supplements which constitutes the full agreement between You and Us.
Please read these Terms and Conditions carefully before You use this Website Platform.
By using the Platform, You have, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website Platform immediately.

1.    Definitions
1.1.    “Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement. 
1.2.    “We”, “Us”, “Our or “Ourselves”” means Powerhouse Health & Nutrition Pty Ltd T/A Powerhouse Supplements (ABN: 12 139 585 532), its successors and assigns or any person acting  on behalf of and with the authority of Powerhouse Health & Nutrition Pty Ltd T/A Powerhouse Supplements (ABN: 12 139 585 532).
1.3.    “You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
1.4.    “Goods” means Goods and/or Services that may be purchased or sold through this Website to be supplied and/or provided by Us to You.
1.5.    “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
1.6.    “Prohibited Content” means any content on any advertising media that:
(a)    is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992; the Fair Trading Acts of the applicable States and Territories of Australia and the Competition and Consumer Act 2010 (CCA); or any other applicable law or applicable industry code; or
(b)    contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
(c)    is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
1.7.    “Subscription Agreement” means the supply of Services, subject to clause 4, for a specified period, as agreed between Us and You.
1.8.    "Personal Information" means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
1.9.    "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Our information and pricing details.
1.10.    “Price” means the Price payable (excluding  any Goods and Services Tax (GST) where applicable for the Services as agreed between Us and You in accordance with clause 11 below and shall be Australian dollars ($AUS) unless otherwise specified.
1.11.    “Rewards” means powerpoints earned by You through Our loyality system which may be earned by You according to Your membership tier and through different activities which can be transformed into Rewards.. 

2.    Acceptance
2.1.    We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy and Our Cookies Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.
2.2.    If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
2.3.    You acknowledge and accept that:
(a)    We do not guarantee the accurancy of Our stock levels or articles; and
(b)    none of the products or advice are meant to be taken as that of a medical professional, and no treatments of medical conditions are endorsed or implied.
2.4.    Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section  9 of the Electronic Transactions Act 2000 (NSW), Section 9 of the Electronic Communications Act 2000 (SA), Section 9 of the Electronic Transactions Act 2001 (ACT), Section 9 of the Electronic Transactions (Victoria) Act 2000, Section 9 of the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 10 of the Electronic Transactions Act 2011 (WA), (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.

3.    On-Line Ordering
3.1.    You acknowledge and agree that:
(a)    We do not guarantee the Website’s performance;
(b)    display on the Website does not guarantee the availability of any particular Goods; therefore, all orders placed through the Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services;
(c)    on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d)    there are inherent hazards in electronic distribution, and as such We cannot warrant against delays or errors in transmitting data between You and Ourselves including orders, and You agree that to the maximum extent permitted by law, We will not be liable for any losses which You suffer as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e)    when making a transaction through the Website, Your information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by Us and/or displayed on the Website. The encryption process ensures that Your information cannot be read by or altered by outside influences; and
(f)    if You are not the cardholder for any credit card being used to pay for the Goods, We shall be entitled to reasonably assume that You have received permission from the cardholder for use of the credit card for the transaction.
3.2.    We reserve the right to terminate Your order if We learn that You have provided false or misleading information, interfered with other users or the administration of Our business, or violated these terms and conditions.

4.    Subscriptions
4.1.    The plans for Goods and Services We offer are categorised into different tiers, (i.e. gold, silver and bronze). Each tier represents a distinct level of features and pricing options. The Price will be shown once You access Our Website and move to the correct link.
4.2.    The Agreement for Services shall continue for the term stipulated in the Subscription Agreement and, upon expiration of this term, will continue on a monthly basis, unless terminated by You.
4.3.    If You wish to terminate the Services during the term stipulated, We may charge You the amount of the Goods or Services already received from Us.
4.4.    You acknowledge and accept that:
(a)    all fixed term Subscription Agreements (irrespective of the Agreement commencement date) will be subject to a Price review and shall be effective from the commencement of the new fixed term; and 
(b)    will be subject to revision on the basis of, including, but not limited to, movement in any relevant economic price index; and
(c)    payment deductions due for Subscription Agreements are billed upfront before delivery of the Goods. 
(d)    subscriptions are subject to a generous 'fair use policy' as stipulated out in the Membership's FAQ.
(e)    shipping charges apply to all Membership tiers due to the high discounts offered.

5.    Your Responsibility
5.1.    In order to use Our Website, You are required to register an account via the Website;
(a)    You must notify Us immediately if You become aware of any unauthorised use of an account;
(b)    You must ensure that all the account information is accurate and up-to-date at all times;
(c)    You are responsible for maintaining the confidentiality of Your password and account details and any activities that occur under that account. We shall not be liable to any person for any issues which may arise as a result of any failure by You to protect Your password or account logons;
(d)    false emails: We will never ask You to confirm any account or credit card details via email. If an email is received claiming to be from Us asking for such information, You should not reply on this in the first instance but forward this email request to Us so that the business may advise the relevant authorities.
(e)    the information which is provided when You register must be true, accurate, current and complete in all respects; and are not impersonating any other person or entity;
(f)    You and Our employees must ensure that each party treat each other with respect and dignity. Failure to comply with this obligation may result in termination of Your account.

6.    Your Conduct
6.1.    We reserve the right to edit, delete or terminate any material or account related or uploaded to Your account, without notice and liability to You, in the event that any such material, as determined by Us is in Our sole and absolute discretion, violates the Agreement or is misaligned with the Website’s intended purpose.
6.2.    You are prohibited from:
(a)    violating or attempting to violate any security features of the Website, including, without limitation, accessing content or data not intended for You, logging onto a server or account that You are not authorised to access; 
(b)    attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorisation; 
(c)    interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” or “crashing”; 
(d)    using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Services; 
(e)    forging any TCP/IP (Transmission Control Protocol/Internet Protocol)  packet header or any part of the header information in any e-mail or in any posting; 
(f)    attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in operating the Website;
(g)    any violation of system or network security by You may subject Yourself to civil and/or criminal liability; and
(h)    at the discretion of Us and You, part or all of Your content may be removed at any time, if content is deemed to be inappropriate for the community it is representing.

7.    Rewards
7.1.    Any Rewards that You are entitled to receive may be determined by Us and are displayed on Our Website.
7.2.    You may access the program by joining on Our Website or through Your registered account, and the following may apply: 
(a)    for purchases of one dollar ($1.00) You make, a powerpoint may be earned and as You go up on the membership tier, You will receive additional points for every dollar that You spend with Us;
(b)    purchases made over a period of twelve (12) months shall earn bonus points on Your birthday;
(c)    points may be earned for referrals that You make and if the party referred makes a purchase with Us and registers on Our Website;
(d)    providing Us feedback about products You purchased recently may also earn points;
(e)    earn points by following Us on Instagram or by liking Us on Facebook;
(f)    by staying loyal and shopped with Us at least once in the past twelve (12) months may earn points.  
7.3.    Points can be used by adding products to Your cart or You may redeem Your points and receive a Reward.

8.    Errors and Omissions
8.1.    Any advice, recommendation, information, assistance or service provided by Us in relation to the Goods and/or Services supplied is given in good faith, is based on Our own knowledge and experience and shall be accepted without liability on Our part of the and it shall be Your  responsibility to confirm the accuracy and reliability of the same in light of the use to which You  make or intends to make of the Goods and/or Services.
8.2.    You acknowledge and accept that We shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a)    resulting from an inadvertent mistake made by Us in the formation and/or administration of this Agreement; and/or
(b)    contained in/omitted from any literature (hard copy and/or electronic) supplied by Us in respect of the Services.
8.3.    In the event such an error and/or omission occurs in accordance with clause 8.2, and is not attributable to the negligence and/or wilful misconduct by Us; You shall not be entitled to treat this Agreement as repudiated nor render it invalid.

9.    Change in Control
9.1.    You shall give Us not less than fourteen (14) days prior written notice of any proposed change of ownership in respect of You and/or any other change in Your details (including, but not limited to, changes in Your name, address, contact phone or fax number/s, change of trustees or business practice). You shall be liable for any loss incurred by Us as a result of Your  failure to comply with this clause.

10.    Credit Card Information 
10.1.    We will:
(a)    keep Your personal details, including credit card details for only as long as is deemed necessary by Us; 
(b)    not disclose Your credit card details to any third party; and
(c)    not unnecessarily disclose any of Your personal information, except is accordance with the Privacy Act (clause 21) or where required by law.
10.2.    We expressly agree that, if pursuant to this Agreement, there are any unpaid charges, other amounts due and outstanding by You, We are entitled to immediately charge Your nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by You pursuant to the terms of this Agreement.

11.    Price and Payment
11.1.    At Our sole discretion, the Price shall be either:
(a)    as indicated on any invoice provided by Us to You upon placement of an order for Goods; or
(b)    the Price as at the date of delivery of the Goods according to Our current price list as previously disclosed to You upon Your placement of an order for Goods; or
(c)    Our quoted price (subject to clause 11.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30)  days.
11.2.    We reserve the right to change the Price:
(a)    if a variation to the Goods which are to be supplied is requested; or
(b)    if during the course of the Services, the Goods are not or cease to be available from Our third party suppliers, then We reserve the right to provide alternative Goods; or
(c)    in the event of increases to Us in the cost of labour or materials (including, but not limited to, overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or freight , postage and insurance charges) which are beyond Our control.
11.3.    Variation will be charged for on the basis of Our quotation and will be shown as variations on the invoice. You shall be required to respond to any variation submitted by Us within ten (10) working days. Failure to do so will entitle Us to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
11.4.    Promotional discount codes are not valid in conjunction with any other discount code or special pricing on Our Website (including promotional codes sent via email or on various social media platforms).
11.5.    Any already discount products are not eligible for further discounts from any promotion unless explicity mentioned in any promotion guidelines.
11.6.    At Our sole discretion, a reasonable non-refundable deposit may be required upon placement of an order for Goods, in accordance with any quotation provided by Us or as notified to You prior to the placement of an order for Goods. 
11.7.    Time for payment for the Goods being of the essence, the Price will be payable by You  on the date/s determined by Us, which may be:
(a)    upfront before delivery of the Goods; 
(b)    by way of subscription payments in accordance with Our payment schedule;
(c)    the date specified on any invoice or other form as being the date for payment; or
(d)    failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to You by Us. 
11.8.    Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between You and Us.
11.9.    We may in Our discretion allocate any payment received from You towards any invoice that We determine and may do so at the time of receipt or at any time afterwards. On any default by You We may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Us, payment will be deemed to be allocated in such manner as preserves the maximum value of Our Purchase Money Security Interest (as defined in the PPSA) in the Goods.
11.10.    You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to You by Us nor to withhold payment of any invoice because part of that invoice is in dispute.
11.11.    If You owe Us any monies under this Agreement, You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including, but not limited to, internal administration fees, legal costs on a solicitor and own client basis, Our contract default fee, and bank dishonour fees).
11.12.    Further to any other rights or remedies We may have under this Agreement, if You have made payment to Us, and the transaction is subsequently reversed, You shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Us under this clause 11.12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to Your obligations under this Agreement.
11.13.    GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

12.    Delivery and Shipping
12.1.    Delivery (“Delivery”) of the Goods is taken to occur at the time that: 
(a)    You or Your nominated carrier takes possession of the Goods at Our address; or
(b)    We (or Our nominated carrier) delivers the Goods Your nominated address even if You are not present at the address.
12.2.    The cost of Delivery will be payable by You in accordance with the quotation provided by Us to You, or as otherwise notified to You prior to the placement of an order for Goods.
12.3.    Express shipping rates vary depending on weight and location.
12.4.    Average Delivery times:
(a)    are usually within one (1) to three (3) business days and rural or remote suburbs may take up to five (5) to ten (10) business days from the date of purchase; 
(b)    for express post are the next business day if ordered before 2pm and are within Australia’s post express network. If You live in a rural or remote suburb then Delivery may take up to three (3) to five (5) business days from the date of purchase.
12.5.    We may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
12.6.    For Your security purposes, a signature is required upon receipt of the Goods. Delivery should be made to an address where someone is available to receive and sign for the Goods during business hours. In the event no one is available to receive Delivery, a card shall be left advising that the package is collectable at the nearest Courier or Australian Post.
12.7.    You may track the status of Your shipment by clicking on the tracking number issued to You on the confirmation email or log on to Your “My Account” with Us.
12.8.    It is Your responsibility to ensure the Goods are stored correctly immediately or as soon as practicable upon Delivery.
12.9.    Any time specified by Us for delivery of the Goods is an estimate only and We will not be liable for any loss or damage incurred by You as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that We are unable to supply the Goods as agreed solely due to any action or inaction of You, then We shall be entitled to charge a reasonable fee for redelivery and/or storage.

13.    Risk
13.1.    Risk of damage to or loss of the Goods passes to You on Delivery and You must insure the Goods on or before Delivery.
13.2.    If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to You, We shall be entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions Us  is sufficient evidence of Our rights to receive the insurance proceeds without the need for any person dealing with Us to make further enquiries. 
13.3.    If You request Us to leave Goods outside Our premises for collection, to deliver the Goods to an unattended location or You wish for deliveries to be left without a signature (i.e. front door etc.), this should be noted on Your order comments, and such Goods shall be left at Your sole risk.
13.4.    You acknowledge and accept that all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in Our or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. You shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Agreement, unless expressly stated as such in writing by Us.

14.    Compliance with Laws
14.1.    We warrant that Goods supplied to You shall meet all safety regulations and standards as defined by the Hazard Analysis and Critical Control Points (HACCP), Food Safety Programme, and is eminently suitable for public consumption and thereby compliant with the Australia New Zealand Food Standards Code.
14.2.    It is Your responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and use of the Goods and where information is supplied to You on potential hazards relating to the Goods to bring such information to the attention of its employees, agents, sub-contractor, visitors and customers. Without prejudice to the foregoing it is also Your responsibility to provide safe facilities for the reception of the Goods into storage including the unloading of Goods from carriers. You hereby indemnify and shall keep Us indemnified against all action claims, demands, summons, suits proceedings judgments, orders or decrees arising out of or in connection with any act or omission by You in respect of Your obligations pursuant to this clause. 
14.3.    Any alleged claims of contamination, accidental inclusion or food borne illnesses must be reported to Our management in writing as soon as reasonable practicable. We reserve the right to inspect any items attributed to the claim and have the items tested by an independent laboratory before any public claims, statements or dissemination of information in any format including social media. 

15.    Title
15.1.    Both parties agree that ownership of the Goods shall not pass until:
(a)    You have paid Us all amounts owing; and
(b)    You has met all of its other obligations to Us.
15.2.    Receipt by Us of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
15.3.    It is further agreed that, until ownership of the Goods passes to You in accordance with clause 15.1:
(a)    You are only a bailee of the Goods and must return the Goods to Us on request;
(b)    You hold the benefit of Your insurance of the Goods on trust for Us and must pay to Us the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c)    You must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If You sell, disposes or parts with possession of the Goods then You must hold the proceeds of any such act on trust for Us and must pay or deliver the proceeds to Us on demand;
(d)    You should not convert or process the Goods or intermix them with other goods but if You do so then You must hold the resulting product on trust for the benefit of Us and must sell, dispose of or return the resulting product to Us as it so directs;
(e)    You irrevocably authorize Us to enter any premises where We believe the Goods are kept and recover possession of the Goods;
(f)    We may recover possession of any Goods in transit whether or not delivery has occurred;
(g)    You shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain Our property;
(h)    We may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to You.

16.    Personal Property Securities Act 2009 (“PPSA”)
16.1.    In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
16.2.    Upon assenting to these terms and conditions in writing You acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Us to You, and the proceeds from such Goods.
16.3.    You undertake to:
(a)    promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which We may reasonably require to;
(i)  register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; 
(ii)  register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 16.3(a)(i) or 16.3(a)(ii);
(b)    indemnify, and upon demand reimburse, Us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c)    not register a financing change statement in respect of a security interest without Our prior written consent;
(d)    not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without Our prior written consent;
(e)    immediately advise Us of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
16.4.    Both parties agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
16.5.    You waive Your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
16.6.    You waive Your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
16.7.    Unless otherwise agreed to in writing by Us, You waive Your right to receive a verification statement in accordance with section 157 of the PPSA.
16.8.    You must unconditionally ratify any actions taken by Us under clauses 16.3 to 16.5.
16.9.    Subject to any express provisions to the contrary (including those contained in this clause 16), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 

17.    Security and Charge
17.1.    In consideration of Us agreeing to supply the Goods and/or provide Our Services, You grant  Us a security interest by way of a floating charge (registerable by Us pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by You or owned by You in the future, to the extent necessary to secure the repayment of monies owed under this Agreement for provision of the Goods and/or Services under this Agreement and/or permit Us to appoint a receiver to You in accordance with the Corporations Act 2001 (Cth).  
17.2.    You indemnify Us from and against all Our costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Our rights under this clause.
17.3.    In the event that You default or breach any term of this Agreement and as a result, the security provided in clauses 15.1,16.2 and 17.1 as applicable, is deemed insufficient by Us to secure the repayment of monies owed by You to Us, You hereby grant Us a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by You now, or owned by You in the future, to secure the performance of Your obligations under these terms and conditions (including, but not limited to, the payment of any money.

18.    The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
18.1.    Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable. 
18.2.    Where You purchase Goods and/or Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
18.3.    Our liability arising out of any one incident whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the CCA or howsoever arising, is limited to any of the following as determined by Us:
(a)    rectifying the Goods and/or Services; or
(b)    providing the Goods and/or Services again; or
(c)    paying for the Goods and/or Services to be provided again.
18.4.    If We are required to rectify, re-provide, or pay the cost of re-providing the Goods and/or Services under clause 18.3 or the CCA, but is unable to do so, then We may refund any money You have paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to You which were not defective.

19.    Defects, Exchanges and Returns
19.1.    You must:
(a)    inspect the Goods, on Delivery and prior to opening:
(b)    and notify Us within seven (7) days of receipt of the Goods of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote;
(c)    notify Us of any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. 
19.2.    Upon such notification You must allow Us to inspect the Goods to verify that the Goods have not been opened and tampered with. If the Goods have been opened or tampered with, no exchange shall be granted and a new postage shall be charged should You wish to have Your Goods returned..
19.3.    Subject to this clause 19.3, returns will only be accepted provided that:
(a)    You have complied with the provisions of clause 19.1; and
(b)    We have agreed that the Goods are defective; and
(c)    the Goods are returned within a reasonable time at Your cost (if that cost is not significant); and
(d)    the Goods have not been opened or tampered with.
19.4.    If an order is received and it is incorrect through the fault of Us, We will replace the Goods at no additional charge to You or a full refund of the incorrect item(s) (not including the shipping cost) shall be provided upon the Goods being returned to Us. 
19.5.    Notwithstanding clauses 19.1 to 19.4 but subject to the CCA, We shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a)    You failing to properly maintain or store any Goods; 
(b)    You using the Goods for any purpose other than that for which they were designed; 
(c)    You continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent user; 
(d)    You failing to follow any instructions or guidelines provided by Us;
(e)    fair wear and tear, any accident, or act of God.
19.6.    Goods received (even in the event of incorrect supply), shall only be accepted back for exchange or credit if the Goods are unopened and in their original condition.  
19.7.    If You ordered Goods and had a change of mind, as long as the Goods have not been opened or tampered with, We may exchange the Goods for something else or even arrange a credit note (for the incorrect Goods excluding the shipping cost), as long as it is within seven (7) days of Delivery.

20.    Intellectual Property
20.1.    Where We have designed, drawn or developed Goods for You, then the copyright in any designs and drawings and documents shall remain Our property. Under no circumstances may such designs, drawings and documents be used without Our express written approval.
20.2.    You warrant that all designs, specifications or instructions given to Us will not cause Us to infringe any patent, registered design or trademark in the execution of Your order and You agree to indemnify Us against any action taken by a third party against Us in respect of any such infringement.
20.3.    You agree that We may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which We have created for You.

21.    Privacy Policy
Storing Personal Information
21.1.    We will take all reasonable steps to ensure that any personal information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. We will maintain security safeguards to protect the information and will take all reasonable steps to ensure that the information is not disclosed to any unauthorised person or entity.
Securing Information
21.2.    When making a transaction through this Website personal information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the information cannot be read by or altered by outside influences.
Information We Collect
21.3.    When You request Goods and/or Services We may collect personal information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently and analyse Our Website Services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
(a)    Your IP address.
(b)    the date and time of You visit to our Website.
(c)    You click and activate on this Website.
(d)    the referring site if any through which You clicked through to this Website.
(e)    technical information on Your browser, device and operating systems;
(f)    any input into Our Website.
Information We Release
21.4.    We will only release information about You as authorised by You, required by law or where required in order for us to provide Goods or Services to You e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
21.5.    We will not release Your information for any purpose which You could reasonably expect Us not to release the information.
21.6.    Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your personal information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about our products and Services or to request Goods and Services through this Website.
21.7.    Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within thirty (30) days of the receipt of Your request.
Other Data Protection Rights
21.8.    You may have the following data protection rights:
(a)    to access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date. 
(b)    in addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the "Questions and Concerns" section below. 
(c)    similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
(d)    the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions & Concerns
21.9.    If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. 

22.    Cookies
22.1.    Our Website uses a technology called cookies (a small element of data that Our Website may send to Your computer) that may be used to provide You with specific information for the purpose of Us tracking the Website usage and traffic. These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.

23.    Mailing Lists
23.1.    If at any time You are on Our mailing list , You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.

24.    Copyright and Trademarks
24.1.    The contents of this Website are at all times the copyright or trademark property of either Ourselves, our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with clause.

25.    Advertisers and Linked Sites 
25.1.    The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy Policies of any third party Website immediately You access such a site.
25.2.    We shall accept no liability in regards to any dealings, promotions or activities between You and advertisers or third party providers.

26.    Specifications and Information
26.1.    We are not responsible for the correctness of technical information and recommend any technical data which You may choose to rely upon be sought and verified outside this website/forum from industry professionals.
26.2.    Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information  provided to Us by You, manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods, equipment or Services provided through this Website in respect of the use of the Goods, equipment or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
26.3.    You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your  decision making We recommend You contact Us before purchase.

27.    Termination of Use 
27.1.    Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply or purchase of Goods and/or Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
27.2.    If We, due to reasons beyond Our reasonable control, are unable to the deliver any Goods and/or Services to You, We may cancel any agreement to which these terms and conditions apply or cancel Delivery of Goods and/or Services at any time before the Goods and/or Services are delivered by giving written notice to You. On giving such notice We shall repay to You any money paid by You for the Goods and/or Services. We shall not be liable for any loss or damage whatsoever arising from such cancellation.
27.3.    You may terminate this Agreement at any time by notifyling US that You no longer wish to use Our Services, or when You cease using our Website.

28.    Continuous Service
28.1.    Due to the inherent nature of Websites, We cannot warrant against delays or errors in transmitting data between You and Us including orders and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise that results in online access not being available and/or for delays or errors in transmitting information and Your responses.

29.    Message Boards
29.1.    We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

30.    Feedback
30.1.    Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate. 
30.2.    You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. 
30.3.    You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.

31.    General
31.1.    Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues. 
31.2.    This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New South Wales, Australia. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, You agree that the laws and statutes of Australia and are subject to the jurisdiction of the Courts where the Goods and/or Services were supplied and shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
31.3.    The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Agreement, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
31.4.    We may licence and/or assign all or any part of Our rights and/or obligations under this Agreement without Your consent provided the assignment does not cause detriment to You.
31.5.    You cannot licence or assign without the written approval from Us.
31.6.    You accept and agree at the time of signing this Agreement that the We may post Our notices and/or industry related content via Our Website, from the date of display it shall be deemed to have been publically notified. It is important that You maintain Your correct information on Your profile (i.e. email addresses etc) so that You do not miss out on any important notices.
31.7.    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including, but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by You to make a payment to Us, once the parties agree that the Force Majeure event has ceased.
31.8.    Both parties warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them.
31.9.    The rights and obligations of the parties will not merge on completion of any transaction under this Agreement, and they will survive the execution and Delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Agreement.
31.10.    If part or all of any term of this Agreement is or becomes invalid, illegal or unenforceable, it shall be severed from this Agreement and shall not affect the validity and enforceability of the remaining terms of this Agreement. 

32.    Contact Information
32.1.    If You have any questions about this Agreement, the practices on Our Website, or Your dealings with Our Website, please contact Us at: 

Powerhouse Supplements
www.powerhousesupplements.com.au
Sydney, New South Wales
(02) 9540 1576
info@powerhousesupplements.com.au