TERMS & CONDITIONS

www.elitebody.com.au website.
These Terms and Conditions govern the use of Elite Body ("the website") and the purchase of any goods from it. The website is operated by Elite Aus. Investments Pty Ltd (ABN 63 146 381 056) as a licensee ("Elite Aus. Investments Pty Ltd "). Elite Aus. Investments Pty Ltd is licensed to use the name Elite Body.
Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Please read them carefully. Elite Body reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.
If you do not agree to the terms and conditions, you may not access or otherwise use this site.
Limitation of Liability
Elite Body and its associates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including without limitation any liability
• as a publisher of information;
• as a reseller of any products or services;
• for any defective products;
• for any incorrect or inaccurate information;
• for any unauthorized access to or disclosure of your transmissions or data;
• for statements or conduct of any third party on the site; or
• for any other matter relating to this site or any linked site.

This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages.
The products, information and services offered on and through the website would not be provided without such limitations, in the event that the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the liability of Elite Body and its associates for any reason, in relation to any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Elite Body on the website.
All products and services offered on or through the website are provided subject to any applicable tariffs and any accompanying terms and conditions.

Copyright
Copyright in the Elite Body website is property of Elite Body and/or its licensors. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Elite Body or its licensors. This property may only be used for the purposes of browsing the Elite Body website and acquiring goods and services of Elite Body. Any other use of materials on the Elite Body website, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Elite Body, is strictly prohibited.
Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
Information Provided by You
If you purchase goods and services from Elite Body we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Elite Body with current, complete and accurate customer information when asked to do so by the website or an employee of Elite Body.
Product Information
Prices of goods and services and delivery and other charges displayed on the Elite Body website are current at the time of display.

We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description. Pricing and stock availability is subject to change anytime without notice.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Elite Body is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Elite Body is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Delivery
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels and while we make every effort to deliver by this time, all dates specified are estimates only.
Unfortunately, we are unable to guarantee time of delivery.

It is the responsibility of the customer to inform Elite Body if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Refund Policy
If you receive a product that you believe is not what was expected we will replace the item or refund your money at our discretion. It will be your responsibility to mail the item back to our PO Box in its original undamaged condition. PO Box 146 Bacchus Marsh, VIC 3340
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Elite Body promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Elite Body and it's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Elite Body harmless from and against any and all claims, loss or expense that may be incurred by Elite Body or it's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Elite Body and it's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.
Information, Materials Posted on or Submitted to Website
Elite Body is not responsible for monitoring, screening, policing or editing the information posted or materials on, submitted to or transmitted through the website. Elite Body does not and cannot monitor all information or materials posted on, submitted to or transmitted through the website. However, Elite Body reserves the right to delete, block and remove any information or materials that Elite Body in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Elite Body. If notified of any such information or materials on the website, Elite Body may determine in its sole discretion whether to remove such content from the website.
Usage of Site
You agree to maintain the security of your account on the website, including the security of your password and other confidential information relating to the use of the website and your account on the website. You agree to be responsible for all charges resulting from the use of your account on the website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Elite Body.
You agree to use this website only for lawful purposes, and that you are responsible for your use of and communications on the website. You agree not to post on or transmit through this website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the website. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the website or material thereon.
You further agree that you will not access by any means except through the interface provided by Elite Body for access to the website. You agree that you will not access this website from any territory where its contents are illegal, and that you, and not Elite Body and its associates, are responsible for compliance with applicable local laws.
You agree that Elite Body may terminate or suspend your access to all or part of this website, without notice, for any conduct that Elite Body, in its sole discretion, believes is in violation of these Terms & Conditions or any applicable law or is harmful to the interests of another user, Elite Body or its associates.
Minors
Due to the nature of the World Wide Web, Elite Body cannot prohibit minors from visiting this website. Elite Body must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Elite Body requires that (i) all purchases on the website be made by adults 18 years of age or older, and (ii) all users who provide personal information to Elite Body be 18 years of age or older.
Severability
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement
The Terms & Conditions constitute the entire and only Terms & Conditions between Elite Body and each user of the website with respect to the subject matter of the Terms & Conditions and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Terms & Conditions. You agree to review the Terms & Conditions prior to your use of the website and your use of the website shall be deemed acceptance of and assent to the Terms & Conditions by you.

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