Terms of Service
This page (together with the documents referred to on it) sets out the terms and conditions (Terms) on which MUSCLE FUEL LTD will deliver to you; meals (together the Food) ordered from MUSCLE FUEL LTD’s Site www.musclefuel.co.nz (the Site) (together the Services). Please read these Terms carefully before subscribing to MUSCLE FUEL LTD Services. By ordering any of MUSCLE FUEL LTD’s Food by subscribing to one of MUSCLE FUEL LTD’s Services, you agree to be bound by these Terms.
You agree to be subject to the Terms in force from time to time. MUSCLE FUEL LTD will notify you by email of any significant changes to MUSCLE FUEL LTD’s Terms via email. Subscribing to MUSCLE FUEL LTD Services will be deemed as acceptance of these terms.
- You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
- You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
- As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
- We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
Product Pricing and Title
- We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
- We reserve the right to alter all products pricing without notice.
- Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
- MUSCLE FUEL LTD strongly recommends that you seek medical advice before starting any nutritional program.
- The information provided by MUSCLE FUEL LTD is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other MUSCLE FUEL LTD publications, including social media bulletins. This includes any advice MUSCLE FUEL LTD provide to you by email, over the telephone or in person.
- You should not use MUSCLE FUEL LTD if you are severally underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. MUSCLE FUEL LTD is not liable for any illness or medical reaction caused by contact with or consumption of MUSCLE FUEL LTD Food. MUSCLE FUEL LTD may not be able to accommodate clients with specialist dietary needs or conditions and, in particular, MUSCLE FUEL LTD are unable to deliver to those who have allergies that could result in illness, anaphylactic shock or those clients with diabetes who are insulin dependent.
- If you have any type of food allergy, MUSCLE FUEL LTD ask that you refrain from eating MUSCLE FUEL LTD Food.
- Results from the purchase of MUSCLE FUEL LTD Food are not guaranteed. For the best results Food should be combined with daily exercise.
- Results will vary from person to person. Results (measured in terms of fat loss and lean muscle gain) may vary from person to person for several reasons including but not limited to environment, genetics, metabolic rate, and physical exertion.
6. YOUR ACCOUNT
- You will be required to create an account on the Site before subscribing to the Services, your username and password will be created by you. You are responsible for all actions taken under your chosen username and password.
- By creating an account on the Site you warrant:
- that all the details you provide are true, accurate, current and complete in all respects;
- to notify us immediately of any changes to your account information;
- to only create one (1) account and to only use the Site using your own username and password;
- not to disclose your password to anyone and to make every effort to keep your password safe;
- to change your password immediately upon discovering that your account has been compromised; and
- to notify us if you suspect someone has accessed your account without permission.
- MUSCLE FUEL LTD reserve the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:
- you breach these Terms;
- you are impersonating any other person or entity;
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
- MUSCLE FUEL LTD suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the Site.
- After registering to the Services on the Site, you will receive an e-mail acknowledging that MUSCLE FUEL LTD has received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and MUSCLE FUEL LTD will confirm such acceptance to you by sending you an e-mail confirmation.
- The contract between us (Contract) will only be formed after MUSCLE FUEL LTD have debited your payment card and confirmed receipt of your order by email. Any products which MUSCLE FUEL LTD has not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at MUSCLE FUEL LTD’s discretion.
- MUSCLE FUEL LTD reserves the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
- Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. MUSCLE FUEL LTD reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
- Should a payment to MUSCLE FUEL LTD be requested to be returned by your bank, MUSCLE FUEL LTD reserves the right to charge you a fee for the returned payment.
- When you pay for your order by card, MUSCLE FUEL LTD carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
RISK AND TITLE
- The Food will be at your risk from the time of delivery.
- Ownership of the Food will pass to you upon delivery after MUSCLE FUEL LTD has received full payment of all sums due in respect of the Food.
- Neither MUSCLE FUEL LTD nor Delivery Company shall be deemed responsible for any theft of the Food from the delivery address.
- MUSCLE FUEL LTD expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
- The price of the Food and MUSCLE FUEL LTD delivery charges will be as quoted on the Site from time to time.
- Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
- MUSCLE FUEL LTD reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond MUSCLE FUEL LTD’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
- MUSCLE FUEL LTD warrant that any Food purchased from us through MUSCLE FUEL LTD’s Site will, on delivery; conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
- You warrant that any and all of the Food ordered by you is for your personal use only and not for resale.
- MUSCLE FUEL LTD will not accept liability for any loss or damage that is not foreseeable.
- Nothing in this agreement excludes or limits MUSCLE FUEL LTD’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective Food under the Consumer Protection Act 1987; or
- for any other matter in respect of which liability cannot by applicable law be limited or excluded.
- MUSCLE FUEL LTD attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that MUSCLE FUEL LTD has identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk
- MUSCLE FUEL LTD make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
- MUSCLE FUEL LTD cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular,
- MUSCLE FUEL LTD will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
- You agree to fully indemnify, defend and hold us, and MUSCLE FUEL LTD’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
- This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
These terms & conditions shall be interpreted, construed and enforced in accordance with New Zealand law and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
Our contact details are as follows:
12 Empire St, Frankton, Hamilton, New Zealand, 3204.