The Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
Links to third party sites
Any links or references provided to other Internet sites (“hyperlinks”) are provided by Pro4mance merely as a convenience to users of this Internet site. Any hyperlink to such other Internet site should in no way be construed as an endorsement, representation or promotion by Pro4mance or its Affiliates as to the content, representations, accuracy, products or services found or otherwise described in such other Internet sites. Pro4mance and /or its affiliates take no responsibility for the content of such other internet sites and disclaim any liability for damages including without limitations consequential and incidental damages, arising from user’s reliance thereupon.
Competitions & Promotions
Certain parts of the Web Site may contain competitions or promotions from Pro4mance or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Not withstanding any specific terms and conditions, Pro4mance specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
Copyright & monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. Pro4mance or other third party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trademarks or trading names of their respective owners, including us. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
Disclaimer & liability
Pro4mance will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
We do not:
- Accept any liability for damage to your computer system or loss of data that results from your use of the Website.
- Guarantee which content and services will be available on the Website. All content and services on the Website are provided on an ‘as is’ and ‘as available’ basis; or
- Guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
- When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
- We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
Coupon codes cannot be used in conjunction with any other sale, offer or discount.
Nutrition Plan Disclaimer
This nutrition plan has been designed to complement the use of the Pro4mance product range. It has not been developed as a daily nutritional intake and should be used in conjunction with a nutritious diet. This nutrition plan has been developed for the optimal nutritional intake during exercise from the information that was given by you. To achieve the recommendations in this nutrition plan you may have to ‘Train Your Stomach’ and gradually increase your intake to ensure your body can absorb and metabolise the nutrients during exercise without any adverse effects. We recommend that you seek consultation with a qualified dietitian if you have any specific medical conditions or if you would like your daily nutritional intake to be assessed and modified. If you have any adverse effect we recommend you stop using this nutrition plan and seek consultation from a qualified dietitan. This nutrition plan is a recommendation and not a compulsory nutrition plan. Athletes choose at their own discretion to follow this nutrition plan and in doing so, remove all liability from Wilkofit Sports Nutrition and Coaching Pty Ltd.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Content & Intellectual Property Rights
Title, ownership rights, and intellectual property rights in the Content whether provided by Pro4mance or by any other Content provider shall remain the sole property of us and/or the other Content provider. We will strongly protect its rights in all countries. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content. Pro4mance makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
In order to provide you certain services through this Site, we may ask you for personal information. We may use this information for marketing and promotional purposes. Information may be used for research and development purposes. We will not, without your permission, provide this personal information to other third parties.
Changes to the terms
Pro4mance reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes.