Terms And Conditions
Please read this agreement carefully. It governs your use of the Highly Tuned Athletes web site and the services and goods provided through the web site (collectively the "web site"). It exempts Highly Tuned Athletes and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the web site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the web site, you may not use the web site. Each time you use the web site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the web site you should check the date of this agreement and review any changes since the last version.
1. YOUR ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between you and Highly Tuned Athletes and governs your use of the Highly Tuned Athletes Web site and its content and the services and goods provided through the Web site (collectively the "Web Site"). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT:
You may not change, supplement, or amend this Agreement in any manner. Highly Tuned Athletes may, in its sole discretion, change, and supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS:
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS:
Highly Tuned Athletes endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Highly Tuned Athletes reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Highly Tuned Athletes cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Highly Tuned Athletes also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Highly Tuned Athletes will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Highly Tuned Athletes will notify you by email. Highly Tuned Athletes reserves the right to limit quantities licensed or sold. The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Highly Tuned Athletes sends an order acceptance and shipping notice email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to: firstname.lastname@example.org. However, Highly Tuned Athletes may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
Cancellation of orders prior to shipping incur transaction charges by online merchants including, but not limited to Paypal, Shopify, eBay Aust., MyDeal and Catch. These fees are non-recoverable from these various online payment merchants. Therefore cancellation of orders prior to shipping will incure cancellation fees.
When you make a purchase from Highly Tuned Athletes using PayPal, please note that PayPal transaction fees are applied as per PayPal Australia's Terms and Conditions. These fees are non-refundable and non-recoverable. Therefore, in the event of a refund for goods paid via PayPal, Highly Tuned Athletes will deduct 2.5% from the original transaction amount to recover this cost.
When you place an order through the Highly Tuned Athletes online store, powered by Shopify, be aware that Shopify (also known as Shop Pay) applies service fees as outlined in their Terms and Conditions. These fees are non-refundable and non-recoverable. Consequently, for any refunds or cancellations prior to shipping on purchases made using Visa, Mastercard, or Amex on our online platform, Highly Tuned Athletes will retain 2.5% of the original transaction amount to recover these costs.
5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY:
Highly Tuned Athletes strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Highly Tuned Athletes and its service providers (the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY Highly Tuned Athletes AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT Highly Tuned Athletes OR THE PROVIDERS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND Highly Tuned Athletes'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
Highly Tuned Athletes IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Highly Tuned Athletes IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Highly Tuned Athletes AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS ( INCLUDING INTELLECTUAL PROPERTY RIGHTS ) OF ANY PERSON;
AND Highly Tuned Athletes AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITYREGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 LIABILITY EXCLUSION
Highly Tuned Athletes AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS ( ANTICIPATED OR OTHERWISE ), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Highly Tuned Athletes OR ANY PROVIDER OR ANY PERSON FOR WHOM Highly Tuned Athletes OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT Highly Tuned Athletes OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
5.3 LIABILITY LIMITATION
IN NO EVENT WILL Highly Tuned Athletes OR ANY OF ITS PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Highly Tuned Athletes OR ANY PERSON FOR WHOM Highly Tuned Athletes IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO Highly Tuned Athletes FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF HIGHLY TUNED ATHLETES AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICEPROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF HIGHLY TUNED ATHLETES AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS ( COLLECTIVELY, THE "INDEMNIFIED PARTIES" ) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY Highly Tuned Athletes OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
6. TERMINATION OF THIS AGREEMENT AND THE WEB SITE:
If you breach any provision of this Agreement, you may no longer use the Web Site.
Highly Tuned Athletes may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Highly Tuned Athletes may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate ( in whole or in part ) your permission to use the Web Site, without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you or Highly Tuned Athletes for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.
7. INFORMATION SUBMISSIONS:
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Highly Tuned Athletes with updated registration information and payment information within 30 days of any changes.
Highly Tuned Athletes will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Highly Tuned Athletes or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Highly Tuned Athletes may require a copy of a government-issued form of identification before making any changes to your registration information.
8. OWNERSHIP AND PERMITTED USE OF THE WEB SITE:
The Web Site and all information ( in text, graphical, video and audio forms ), images, icons, software, design, applications and other elements available on or through the Web Site are the property of HIGHLY TUNED ATHLETES, its Providers and others, and are protected by AUSTRALIA and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Highly Tuned Athletes. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may not print or download the pages.
9. PERSONAL INFORMATION PRIVACY:
10. OTHER WEB SITES:
The Web Site includes advertisements for, and links to, other Web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Highly Tuned Athletes, and Highly Tuned Athletes has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Highly Tuned Athletes does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Highly Tuned Athletes arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Highly Tuned Athletes, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
11. LINKING TO THE WEB SITE:
Anyone may link to http://www.highlytunedathletes.com.au/ at any time.
Highly Tuned Athletes reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person.
12. TRANSACTION AGREEMENTS:
All transactions through the Web Site, including the purchase and sale of Advertising and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the Web Site, you signify your agreement and acceptance of the applicable Transaction Agreement.
From time to time Highly Tuned Athletes may make promotions available to users of the Web Site and others. All promotions are governed by this Agreement and the applicable promotion rules. By participating in a promotion through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable promotion rules.
14. DISPUTE RESOLUTION:
Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators, AUSTRALIA. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
This agreement shall be governed by the laws of the State of Victoria and the parties hereby submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this agreement.
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE!