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Terms & Conditions

Welcome to our online store! Muscle Genesis and its associates provide their services to you subject to the following terms and conditions. If you visit or shop within this website, you are deemed to have accepted these terms and conditions. Please read them carefully.

Privacy

Please review our privacy policy here which also governs your visit to our website so that you understand our practices.

Electronic communications

When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this website, including without limitation, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and software is the property of Muscle Genesis or its content suppliers and protected by Australian and international copyright laws.

The compilation of all content on this website is the exclusive property of Muscle Genesis, with copyright authorship for this collection held by Muscle Genesis and protected by Australian and international copyright laws. 

Trademarks

Muscle Genesis trademarks may not be used in connection with any product or service that is not Muscle Genesis, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Muscle Genesis. All other trademarks not owned by Muscle Genesis or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Muscle Genesis or its subsidiaries.

License and website access

Muscle Genesis grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it or any portion of it, except with the prior written consent of Muscle Genesis. This license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions or prices, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools. 

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior written consent of Muscle Genesis. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Muscle Genesis and our associates without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing Muscle Genesis name or trademarks, except with the prior written consent of Muscle Genesis. 

Any unauthorized use terminates the permission or license granted by Muscle Genesis. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Muscle Genesis so long as the link does not portray Muscle Genesis, its associates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Muscle Genesis logo or other proprietary graphic or trademark as part of the link, except with the prior written consent of Muscle Genesis.

Your membership account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. 

If you are under 18 years of age, you may only use this website with the full consent and under the direct supervision of a parent or guardian. Muscle Genesis and its associates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Reviews, comments, emails and other content

Visitors to the website may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam": You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a card or other content.  Muscle Genesis reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material and unless we indicate otherwise, you grant Muscle Genesis and its associates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Muscle Genesis and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will fully indemnify Muscle Genesis or its associates for all claims resulting from content you supply. Muscle Genesis has the right but not the obligation to monitor and edit or remove any activity or content. Muscle Genesis takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of loss

All items purchased from Muscle Genesis are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product descriptions

Muscle Genesis and its associates attempt to be as accurate as possible. However, Muscle Genesis does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error-free.  You must always review the manufacturer’s product label on the product prior to opening or consuming any product you purchase from the website. If a product offered by Muscle Genesis itself is not as described, your sole remedy is to return it to Muscle Genesis in unused condition.

Disclaimer of warranties and limitation of liability

This website is provided by Muscle Genesis on an “as is” and “as available” basis. Muscle Genesis makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials or products included on this website.  You expressly agree that your use of this website at your sole risk.

To the full extent permissible by applicable law, Muscle Genesis disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Muscle Genesis does not warrant that this website, its services, or email sent from Muscle Genesis is free of viruses or other harmful components. Muscle Genesis will not be liable for any damages of any kind arising from the use of this website, including but not limited to, direct, indirect, incidental, punitive and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.

Applicable law

By visiting Muscle Genesis, you agree that the laws of the state of Victoria, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Muscle Genesis or its associates.

Disputes

Any dispute relating in any way to your visit to Muscle Genesis or to products you purchase through Muscle Genesis shall be submitted to confidential arbitration in Victoria, except that, to the extent you have in any manner violated or threatened to violate Muscle Genesis intellectual property rights, Muscle Genesis may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria and you consent to exclusive jurisdiction and venue in such courts. 

Arbitration shall be conducted under the rules then prevailing in the state of Victoria. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Website policies, modification and severability

Please review our other policies, such as our privacy policy and delivery and returns policy, posted on this website. These policies also govern your visit to Muscle Genesis. We reserve the right to make changes to our website, policies and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Questions

Questions regarding our terms and conditions, privacy policy or other policy related material can be directed to our team by emailing us at musclegenesis@musclegenesis.com.au.

 

 

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