Last Updated: Monday, June 1, 2015
Both NutrinoxLabs and our suppliers of nutrition and vitamin related products may disclose your personal information to others where directly connected with facilitating your requirements.
At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
4. YOUR USE AND ELIGIBILITY
By using this website or services, you represent and warrant that you are at least 18 years old an are otherwise legally qualified to enter into and form contracts under applicable law. This Agreement is void where prohibited.
By using this website You agree to only use this Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by You will result in legal action being taken by us against You.
You must not:
- Use another’s personal information, including name, or details without permission;
- Make any fraudulent, speculative or false enquiries;
- Use the Site while impersonating another person;
- Post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- Breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
- Frame this Site as part of another site or cache this Site for commercial benefit;
- Commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
- Attempt to do any of the above acts; or
- Knowingly permit another person to do any of the above acts.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms.
Subject to Your compliance with the terms and conditions of this Agreement, NutrinoxLabs grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of NutrinoxLabs. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of NutrinoxLabs or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
NutrinoxLabs provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NutrinoxLabs is not a medical professional, and NutrinoxLabs does not provide medical services or render medical advice. The Website and Services are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND NUTRINOX LABS.
YOU HEREBY AGREE THAT, before using the website and products or services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet.
7. RELIANCE ON THIRD-PARTY CONTENT
This Site displays information about sports supplements, vitamins, nutrition, performance products and general information of Nutrinox Labs. Also included are diets, training and nutritional information, much of which is sourced or supplied by third party information and/or research.
Although we have taken reasonable care to ensure that this information is correct and up to date, we cannot check the accuracy of such information where it is provided to us by third parties. Opinions, advice, statements, or other information made available by means of the Website and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. NutrinoxLabs DOES NOT: (I) Guarantee the accuracy, completeness, or usefulness of any third-party information on the website; (II) Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the website or services. UNDER NO CIRCUMSTANCES WILL NUTRINOX LABS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
8. USER INFORMATION
You represent and warrant that all information You provide in connection with Your use of the Website and Services will be complete and accurate.
9. EMAIL COMMUNICATIONS
By completing a purchase through the Website and Services, You consent to receive periodic email communications from NutrinoxLabs concerning NutrinoxLabs’ products and services, including without limitation, order confirmations, new product information, announcements, special deals, and inquiries regarding the quality of our products and other matters.
10. THIRD PARTY SERVICES
11. THIRD-PARTY WEBSITES
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with NutrinoxLabs and some of whom may not. NutrinoxLabs does not have control over the content and performance of Third-Party Websites. NutrinoxLabs HAVE NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, NUTRINOX LABS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. NUTRINOX LABS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
12. PROHIBITED USES
NutrinoxLabs imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:
(a) violate or attempt to violate any security features of the Website or Services;
(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organisation thereof (collectively, “Nutrinox Labs Content”);
(c) use any software that enables copying or duplication of Nutrinox Labs Content for later off-line viewing;
(d) distribute, display, modify, transmit, resell, reuse, or repost Nutrinox Labs Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of NutrinoxLabs;
(e) access content or data not intended for You, or log onto a server or account that You are not authorised to access;
(f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorisation;
(g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
(h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by NutrinoxLabs in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
13. INTELLECTUAL PROPERTY
This Site for is for your personal and non-commercial use and purposes only. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Site, or create any other material using material on the Site, without obtaining our prior written consent.
Trademarks (whether registered or unregistered), branding, slogans and logos must not be used or modified in any way without obtaining our prior written consent.
The Site, including trademarks, service-marks, business names, company names, logos, trade-names, products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by us or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.
Except as explicitly provided, neither Your use of the Website and Services, nor your entry into this Agreement, grant You any right, title or interest in or to any such content or materials on the Website. ALL RIGHTS ARE RESERVED.
14. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES. NutrinoxLabs, on behalf of itself and its licensors and suppliers, hereby disclaims all warranties. The website, products and services are provided “as is” and “as available.” To the maximum extent permitted by law, NutrinoxLabs, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website, including but not limited to, amy implied warranties or merchantability, fitness for a particular purpose, or non-infringement. Neither NutrinoxLabs or its licensors and suppliers warrants that the website or the services will meet your requirements, that the operation of the website or the services will be uninterrupted or error-free. Neither NutrinoxLabs or its licensors and suppliers has any liability whatsoever for your use of the website or services. This Website has been compiled in good faith by NutrinoxLabs, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. You must always verify this information before you act upon it by calling your local NutrinoxLabs office, the relevant NutrinoxLabs partner or agent (as applicable). It must not be relied upon in connection with any investment decision. You use this Site at your own risk.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE. You agree that your use of the website and services is at your sole risk. You will not hold NutrinoxLabs or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the website, including without limitation any loss or damage to any of your computers or data. The information and services may contain bugs, errors, problems or other limitations. In the event that our Site fails to operate or causes you any loss or damage, due to non availability of information, we cannot be held accountable. Your access to and use of this Site is subject to factors beyond our control. We do not represent or warrant that this Site, the server that makes it available or any of the products or services supplied through this Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that this Site will be secure and we will not be liable for any disruptions to the Site.
(c) LIMITATION OF LIABILITY. The liability of NutrinoxLabs and its licensors and suppliers is limited. To the maximum extent permitted by law, in no event shall NutrinoxLabs or its licensors and suppliers be liable for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to NutrinoxLabs or its licensors and suppliers arising out of or in connection with Your use of the website and products or services. When using the NutrinoxLabs website, information will be transmitted over a medium which, in many cases, is beyond the control or jurisdiction of NutrinoxLabs. To the maximum extent permitted by law, NutrinoxLabs and its licensors and suppliers are not liable for any loss or damage (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access this site or the purchase and use of any products and services supplied via this site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. This limitation shall apply regardless of whether the damages arise out of a breach of contract, tort, or any other legal theory or form of action. To the fullest extent permitted by law remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
(d) APPLICATION. The above disclaimers, waivers and limitations do not in any way limit any other disclaimer or warranties or any other limitation of liability in any other agreement between You and NutrinoxLabs or between You and NutrinoxLabs’ licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to You. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. NutrinoxLabs’ licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers and limitations. No advice or information, whether oral or written, obtained by you through the website or otherwise shall alter any of the disclaimers or limitations stated in this section.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other NutrinoxLabs policies, and with any applicable laws or regulations.
16. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless NutrinoxLabs and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to NutrinoxLabs or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defence by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Pretoria, South Africa, and shall be governed by and construed in accordance with the laws of the province of Gauteng without regard to its conflict of law principles. Any cause of action by You arising out of or relating to this agreement or the use of this website must be instituted within one (1) year after it arose or be forever waived and barred. The proper venue for any judicial action arising out of or relating to this agreement or the website will be the courts in or near Pretoria, South Africa. The parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Africa, and waive any right that you may have to object to an action being brought in those courts.
18. DISCOUNTS AND SPECIALS
NutrinoxLabs may choose, from time to time, to offer abatements for short periods of time. These abatements and periods of abatements are at NutrinoxLabs’ sole discretion. NutrinoxLabs reserves the right, in NutrinoxLabs sole discretion, to change the fees and charges in effect, or to add new fees and charges, by posting such changes on the website or providing notice to You.
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by NutrinoxLabs. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 6, 7 and 10-25 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed NutrinoxLabs. If NutrinoxLabs, in NutrinoxLabs’ discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, NutrinoxLabs will be entitled to recover from You as part of such legal action, and You agree to pay, NutrinoxLabs’ reasonable costs and attorneys’ fees incurred as a result of such legal action. NutrinoxLabs will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Except as required by law or otherwise specified by NutrinoxLabs, You must provide any notices to NutrinoxLabs using our email address – firstname.lastname@example.org. NutrinoxLabs will provide any notices to You by email to any email address provided by You. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received. You agree that any notice received from NutrinoxLabs electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with NutrinoxLabs is accurate and current, and notice to You shall be deemed effective upon the sending by NutrinoxLabs of an email to that address.
21. PRODUCT, RESTRICTION AND CONDITIONS
- Restrictions and conditions apply to all of the NutrinoxLabs products and services offered on this Site.
- To determine the applicable restrictions and conditions you must contact us or the relevant third party provider.
- NutrinoxLabs products do not intend to cure or prevent any form of illness or disease.
- As with all nutrition, vitamin and health related products, please consult your doctor or medical practitioner before purchasing or using any NutrinoxLabs products. NutrinoxLabs will not be held responsible for negligent use of products, or ignorance of label warnings, instructions and recommended dosage amounts.
- Health Warning – Certain products such as fat burners, power and endurance products contain caffeine and other natural stimulants. Should you have any heart problems, blood pressure problems, anxiety disorder, diabetes, pregnancy, or any pre-existing condition that may be affected by one or more ingredients in our products, then please consult your medical practitioner before considering consumption or purchase of any such product. NutrinoxLabs cannot and will not be held liable for any loss or damage caused as a result of negligence or ignorance of the above warning.
- As part of continuous quality control and ongoing product development / improvement, product information may change over time and may not always agree with current labels during the transition period, although it will always be updated within a period of 1 month to ensure 100% accuracy, transparency and consistency.
We may link our Site to other sites on the World Wide Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to you. Your use of third-party websites is at your own risk and subject to the terms and conditions of use of such sites. We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another’s product or services.
23. YOUR USE OF NUTRINOX LABS’ DISCUSSION FORUMS
If You use a discussion, You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the discussions. NutrinoxLabs is not responsible for the consequences of any communications in the discussions. In consideration of being allowed to use the discussions, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a discussion for any purpose in violation of local, state, national, or international laws
- Posting material that infringes on the intellectual property rights of others or on the privacy rights of others
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
- Posting advertisements or solicitations of business
- After receiving a warning from NutrinoxLabs or its representatives, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed
- Posting chain letters or pyramid schemes
- Impersonating another person
- Distributing viruses or other harmful computer code
- Harvesting or otherwise collecting information about others, including email addresses, without their consent
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming” or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the NutrinoxLabs website, or which, in the sole discretion of NutrinoxLabs, exposes NutrinoxLabs or any of its customers or suppliers to any liability or detriment of any type.
At is sole discretion, NutrinoxLabs may, but is not obligated to, do any or all of the following:
- Record the dialogue in discussions
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s)
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions
- Terminate any user’s access to any or all discussions and/or the NutrinoxLabs website upon breach of any of these conditions
- Monitor, edit, or disclose any communication in discussions
- Edit or delete any communication(s) posted on the NutrinoxLabs website, regardless of whether such communication(s) violate these standards.
NutrinoxLabs reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. NutrinoxLabs has no liability or responsibility to users of the NutrinoxLabs website or any other person or entity for performance or non-performance of the aforementioned activities.
24. RETURN POLICY
NutrinoxLabs may accept returns of purchased products only if the products where purchased directly from NutrinoxLabs through this website, only when all of the following conditions are satisfied.
- You must provide the invoice you received from our email email@example.com
- Supplements and or other consumable products, are only accepted if 80% or more of the product is still unused.
- If you need to make a return, please call us during the hours of 10:00 am and 14:00 pm on Mondays – Wednesdays before sending the merchandise back.
Once we determine that your Supplement order is eligible for return,
You will be refunded the amount you paid for the Supplements, excluding
any courier cost.
This Agreement constitutes the entire agreement between NutrinoxLabs and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorised executive of NutrinoxLabs or by the unilateral amendment of this Agreement by NutrinoxLabs and by the posting by NutrinoxLabs of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of NutrinoxLabs. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and NutrinoxLabs are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to NutrinoxLabs and NutrinoxLabs’ licensors and suppliers, and would therefore entitle NutrinoxLabs or NutrinoxLabs’ licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement. If NutrinoxLabs do not act in relation to a breach by You or others of these Terms, this does not waive NutrinoxLabs’ right to act with respect to subsequent or similar breaches. In these Terms, the term “Site” includes any email bulletins or other content that NutrinoxLabs provide to You via or initiated from this Site.[/text_block]