Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Australian Protein Powder, a business operated by Australian Private Label Pty Ltd (ABN 71 643 358 865).

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Australian Protein Powder and Australian Private Label Pty Ltd.

By visiting australianproteinpowder.com.au, using this website or purchasing from us, you agree to be bound by these Terms of Service and any policies referenced on this website.

Please read these Terms carefully before accessing or using the website. If you do not agree to these Terms, you must not use the website or purchase our products.

Our online store is hosted by Shopify, which provides the ecommerce platform through which we offer our products and services.

1. ONLINE STORE TERMS

You must be legally capable of entering into a binding agreement to use this website or place an order.

You must not use our products, website or services for any unlawful or unauthorised purpose. You must not transmit malicious code, viruses or other material that could damage or interfere with the website.

A breach of these Terms may result in the suspension or termination of your access to the website or our services.

1. GENERAL CONDITIONS

We reserve the right to refuse service, cancel an order or limit quantities where reasonably necessary, including where we suspect fraud, unauthorised resale, misuse of promotional offers or a breach of these Terms.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the website or service without our prior written permission.

Nothing in these Terms excludes, restricts or modifies any right or guarantee that cannot lawfully be excluded under the Australian Consumer Law.

1. WEBSITE INFORMATION

We aim to ensure that information on this website is accurate and current. However, information may occasionally contain errors, omissions or outdated material.

Information on this website is provided for general informational purposes. Product labels and directions supplied with a product should always be reviewed before use.

We may update or correct website content at any time without notice.

1. HEALTH AND NUTRITION INFORMATION

Information on this website is general in nature and is not intended to replace medical, dietary or other professional advice.

Individual nutritional needs and responses vary. You should seek advice from an appropriately qualified health professional if you have a medical condition, are pregnant or breastfeeding, take medication, have allergies or have questions about whether a product is suitable for you.

Always review the product ingredients, allergen information, directions and warnings before use.

1. PRODUCTS AND SERVICES

Products and services may be available exclusively online and may have limited availability.

We make reasonable efforts to display product colours, packaging and images accurately. The appearance of products may vary depending on your device, and packaging may be updated from time to time.

Product descriptions, ingredients, availability and pricing may change without notice. We may discontinue a product or limit its availability where reasonably necessary.

Purchases are subject to our Refund Policy and Shipping Policy.

1. PRICING AND PAYMENTS

Unless otherwise stated, prices displayed on the Australian website are in Australian dollars and include applicable GST.

Prices, promotions and discounts may change without notice. The price charged will be the price displayed at checkout when your order is submitted, subject to correction of genuine pricing or system errors.

You agree to provide current, complete and accurate billing, delivery and payment information.

1. ORDERS

Submitting an order does not guarantee acceptance. We may reject or cancel an order where:

• A product is unavailable;
• Payment cannot be authorised;
• Pricing or product information contains a genuine error;
• Delivery is not available to the supplied address;
• We reasonably suspect fraud, unauthorised resale or misuse; or
• The order breaches these Terms.

If we cancel an order after payment has been received, we will refund the affected amount to the original payment method.

You are responsible for checking that your contact and delivery information is accurate before submitting an order.

1. SHIPPING AND DELIVERY

Delivery estimates are provided as a guide and are not guaranteed.

We are not responsible for delays caused by postal or courier networks, customs authorities, extreme weather, incorrect delivery information or other circumstances outside our reasonable control.

Risk in the products passes to you upon delivery, subject to your rights under the Australian Consumer Law.

Additional international duties, taxes or customs charges may apply depending on the destination and will be handled as stated at checkout or in our Shipping Policy.

1. RETURNS AND REFUNDS

Returns, replacements and refunds are governed by our Refund Policy and the Australian Consumer Law.

Nothing in these Terms limits your rights where products are faulty, unsafe, damaged, incorrectly supplied or otherwise fail to comply with a consumer guarantee.

1. OPTIONAL AND THIRD-PARTY SERVICES

The website may provide access to third-party services, links or tools that we do not control.

Your use of third-party services may be governed by separate terms and privacy policies. We are not responsible for third-party websites or services except to the extent required by law.

1. CUSTOMER CONTENT AND REVIEWS

If you submit a review, image, comment, suggestion or other content, you confirm that you have the right to provide it and that it is accurate, lawful and does not infringe another person’s rights.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display submitted content in connection with our business and marketing, subject to applicable privacy laws.

We may remove content that is unlawful, misleading, offensive, infringing or otherwise inappropriate.

1. PERSONAL INFORMATION

Our collection, use and disclosure of personal information are governed by our Privacy Policy.

Payment information is processed through secure third-party payment providers. We do not receive or store complete payment-card details where those details are handled directly by the payment provider.

1. ERRORS AND OMISSIONS

Occasionally, information on the website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.

We may correct errors, update information or cancel affected orders where reasonably necessary. If an order is cancelled after payment, the affected amount will be refunded.

1. PROHIBITED USES

You must not use the website:

• For an unlawful or fraudulent purpose;
• To infringe intellectual property or other legal rights;
• To submit false or misleading information;
• To upload viruses or malicious code;
• To collect another person’s information without authority;
• To spam, phish, scrape or interfere with the website;
• To circumvent security features; or
• In any way that could damage our business, customers or systems.

1. INTELLECTUAL PROPERTY

All website content, including text, branding, graphics, photographs, product names, designs and software, is owned by or licensed to us and is protected by applicable intellectual property laws.

You may access the website for personal, non-commercial use. You must not copy, reproduce, distribute or commercially exploit website content without prior written permission.

1. LIABILITY

To the maximum extent permitted by law, we are not liable for indirect, incidental or consequential loss arising from your use of the website or products.

Where liability cannot lawfully be excluded, our liability will be limited only to the extent permitted by law.

Nothing in these Terms excludes, restricts or modifies the consumer guarantees or remedies available under the Australian Consumer Law.

1. INDEMNITY

To the extent permitted by law, you agree to indemnify Australian Private Label Pty Ltd and its officers, employees and service providers against losses arising from your unlawful use of the website, your breach of these Terms or your infringement of another person’s rights.

1. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed to the extent necessary. The remaining provisions will continue in effect.

1. TERMINATION

We may suspend or terminate access to the website where you materially breach these Terms or use the website unlawfully.

Any rights and obligations that arose before termination will continue where necessary.

1. ENTIRE AGREEMENT

These Terms, together with the policies displayed on this website, constitute the agreement between you and us concerning your use of the website and purchases made through it.

1. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the courts with jurisdiction in New South Wales, subject to any rights you may have under applicable consumer law.

1. CHANGES TO THESE TERMS

We may update these Terms by publishing a revised version on this page. Changes take effect when published unless otherwise stated.

Your continued use of the website after an update constitutes acceptance of the revised Terms.

1. CONTACT INFORMATION

Questions about these Terms should be sent to:

Australian Protein Powder
Operated by Australian Private Label Pty Ltd
ABN 71 643 358 865
Email: support@dailyshake.com.au
Address: 32 Chegwyn Street, Botany NSW 2019, Australia
Phone: (02) 8311 7466