APPLICATION OF TERMS
These Terms apply to your use of www.mitchellsnutrition.com (“the Website”).
You agree to be bound by these terms and conditions.
We may amend these terms and conditions from time to time and these changes will be deemed to be immediately incorporated into and form part of these Terms. By continuing to visit and use our website and purchase our products and services, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.
These Terms are governed by the laws of New Zealand.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
In these Terms:
Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
We, us or our means Mitchell's nutrition limited trading as Mitchell's nutrition limited
Website means www.mitchellsnutrition.com
You means you or, both you and the person on whose behalf you are acting.
ABILITY TO ACCEPT TERMS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
PRODUCTS AND SERVICES
We offer all services and products as set out on the Website.
We reserve the right to amend these prices and our products and services at any time.
We will not change the price for a product you have already completed purchase of, or for any service which you have already engaged us to provide as long as the service is provided to you within 6 months of us providing you with a price for that service.
The details of our products and services including duration and content is provided on the Website.
All items are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.
All services and products purchased through the Website are payable upon purchase through our payment system on the Website.
DELIVERY OF ONLINE PRODUCTS AND SERVICES:
Delivery will occur upon receipt of payment for all online products.
We disclaim all responsibility from failure of any electronic delivery as a result of any failure in the network service provider or any network protection system which may block delivery.
Mitchell's nutrition limited makes every effort to display as accurately as possible the colours of our products on this website. However, as monitors differ, we can’t guarantee that your monitor’s display of any colour will be accurate.
All pricing is in New Zealand dollars. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.
The Website and its content and our products contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
It is imperative that all Mitchell's nutrition limited products are used only in the manner for which they are intended, and that care and common sense are used when using Mitchell's nutrition limited products. To the extent permitted by law, Mitchell's nutrition limited does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.
The Website, our products and all blog articles, resources, tools, and other resources on the Website are educational and informational resources only, and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.
By continuing to use and read our website and all blog articles, resources, tools, and other resources, and by buying and using our products, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website and in our blog articles, resources, tools, and other resources, and using our products, is at your own risk.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 9, 10, 11, 13.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
If you have any feedback or a complaint, please contact Rob Mitchell on +64 27 3340630 or at email@example.com.