Terms and Conditions

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Overview

The website you are visiting is owned and operated by True Protein. Throughout the website, the terms “we”, “us” and “our” refer to True Protein. We provide this website, including all resources, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/ or purchasing our products, apparel and accessories, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms are applicable to all users of the site, including without limitation those users who are browsers, vendors, customers, merchants, and/ or content contributors.

Please read these Terms carefully before utilising our website. By engaging with any part of this website, you agree to be bound by these Terms. If you are not in agreement with all the terms and conditions of this agreement, then do not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any modifications or new features or resources which are included to compliment the current store shall also be subject to the Terms of Service. The most current version of the Terms of Service are available for review at all times on this page. We reserve the right to update, modify and/or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. who provide True Protein with the online e-commerce platform that facilitates any and all transactions including the sale of products and services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

General online terms:

  1. Web store terms
    By agreeing to the above mentioned Terms of Service, you confirm that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and that you have given consent to allow any of your minor dependents to use this site. You may not use our products, apparel and accessories for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.

  2. Transaction conditions
    True Protein reserves the right to refuse products and/or services to any user for any reason at any time. You understand that elements of your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various software applications and networks; and (b) changes to conform and adapt to technical requirements of connecting software, networks or devices. Credit card information is always encrypted during transfer over networks.

    Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

  3. Price changes
    The pricing of all products (including apparel, accessories and special offer bundles) are subject to change without prior notice. We reserve the right at any time to modify or discontinue products (including accessories, apparel and special offer bundles) (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 such products.

  4. Products
    Certain products (including apparel and accessories) may have limited/restricted quantities and are subject to return or exchange only according to our Return Policy.

    Whilst we make every endeavour to showcase as accurately as possible the colors and images of our products that appear at the store, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any products or services that we offer. Furthermore, we reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. All descriptions of products or product pricing can be subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

    We do not warrant that the quality of any products, services, information, or other items purchased or obtained by you will meet your personal expectations, or that any error in our service to you will be corrected.

  5. Promotions
    Spend x, Receive x promotions are available for specified dates only and while stocks last. One item per customer only. Qualifying orders must meet the minimum spend threshold after the application of discount codes. Offers cannot be rain checked, exchanged for other items or cash. No returns or exchanges will be accepted for apparel & accessories received through promotional offers. All promotions are run at True's discretion and we reserve the right to change or end a promotion at any time.

    Dollar offer discount codes are issued in Australian dollars (AUD). For customers residing outside Australia, the discount offer will be provided in the AUD equivalent value of their respective currency.

  6. Accuracy, completeness and timeliness of information
    The content displayed on this website is designed for general information only and should not be solely relied upon or used as the basis for making decisions to the exclusion of 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.

    The website may contain historical information which may not be contemporary and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site is not accurate, complete or current.

  7. Accuracy of billing and account details
    We may, at our sole discretion, cancel or limit the quantities of an item purchased per person, per delivery address or per sales order. We also reserve the right to refuse any order placed with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors who have not applied for and been approved as an accepted dealer, reseller or distributor of our products. Additional terms and conditions apply to such customers. Refer to our wholesale terms and conditions.

    True Protein customers agree to provide current, complete and accurate account information for all purchases they make through our website or otherwise. You agree to promptly update your account and other information, including your email address, phone number and credit card numbers and expiration dates, so that we can contact you as needed and/or complete your orders.

  8. Third party links
    Certain content, products and services available via our website or on social media accounts maintained by us may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  9. Comments and feedback
    If at any time you send certain specific submissions (for example contest entries) or, without a request from us you send creative ideas, suggestions, reviews, or other materials, whether online, by email, by postal mail, or otherwise (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. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 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. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  10. Personal information
    Provision of any personal information through our website or store is governed by our Privacy Policy.

  11. Error and omissions
    From time to time there might be information on our site or relating to our products 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 (including after you have submitted your order. No specified update or refresh date applied in the Service or on the website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  12. Prohibited uses
    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  13. Disclaimer of warranties and limitation of liabilities
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your own personal risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall True Protein, 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, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  14. Indemnification
    You agree to indemnify, defend and hold harmless True Protein and any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  15. 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

  16. Termination
    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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 in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  17. Entire Agreement
    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

  18. Governing legislation
    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 New South Wales, Australia.

  19. Changes to terms and conditions
    You can review the most current version of the Terms and Conditions at any time at this website at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

  20. Contacting True Protein
    Questions about the Terms of Service should be sent to us at: contact@trueprotein.com.au