Overview
This website is operated by Optivance Nutrition Pty Ltd (Optivance). Throughout the site, the terms “we”, “us” and “our” refer to Optivance. Optivance offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
Our store is hosted on Shopify Inc.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
Section 3 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Section 4 — Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 — Products
Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
Section 6 — Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 — Optional Tools
We may provide you with access 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 of any kind. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
Section 8 — User Comments, Feedback and Other Submissions
If you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive or obscene material.
Section 9 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 10 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
Section 11 — Prohibited Uses
In addition to other prohibitions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any regulations, rules or laws; (d) to infringe upon intellectual property rights; (e) to harass, abuse or discriminate; (f) to submit false information; (g) to upload viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish or scrape; (j) for any obscene purpose; or (k) to interfere with security features of the Service.
Section 12 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The service and all products delivered to you are (except as expressly stated by us) provided “as is” and “as available” without any representation, warranties or conditions of any kind.
In no case shall Optivance, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the service or any products procured using the service.
Section 13 — Indemnification
You agree to indemnify, defend and hold harmless Optivance and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
Section 14 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Section 15 — Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we suspect that you have failed to comply with any term, we also may terminate this agreement at any time without notice.
Section 16 — Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements.
Section 17 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Section 18 — Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Section 19 — Contact Information
Questions about the Terms of Service should be sent to us at info@optivance.com.au.