ALL NUTRITION PTY LTD TRADING AS BURN PERSONAL FITNESS WEB SITE TERMS AND CONDITIONS

ALL NUTRITION TERMS OF USE
Please read these terms carefully before using or accessing this site.  By using or accessing the site, you agree to be bound by these terms.  All Nutrition may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms.  You should also refer to the privacy policy for users.

AGREEMENT BETWEEN USER AND ALL NUTRITION
This website is offered to you and conditional on your acceptance without modification of the terms, conditions and notices contained in these terms and conditions.  Your use of the website and the services accessed via this website constitutes your agreement to all the terms and conditions, our Privacy Policy as well as any notices or other terms and conditions or disclaimers that we may place on the site relating to your use of this site. bundall@elitefitness.com.au

MODIFICATION OF THESE TERMS OF USE
All Nutrition reserves the right to change these terms and conditions of use at any time.  You are responsible for regularly reviewing these terms and conditions and any additional terms posted on this website.  Your continued use of this website constitutes your agreement to all the terms and conditions whether original, modified or substituted.

MODIFY SERVICES
All Nutrition may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion. 

USE OF INFORMATION
Any information published in the products section on this site is intended to be used by you for your personal use only.  It is your responsibility to check the accuracy of all information.  All Nutrition will not be liable to you for any decision made or action taken by you relying on any information you obtain from this site or for any consequences arising from your use of the information or use of products purchased via this site.

You may not modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from the All Nutrition website or the services offered on this website without the prior consent of All Nutrition.  

LOGIN – USER NAME AND PASSWORD
The user name and password issued is each person, firm or company ("person") is confidential to that person and for their sole use.  You must not release your user name or password to any third party without the prior written consent of All Nutrition which may be given or withheld in the total discretion of All Nutrition. 

You are responsible for maintaining the confidentiality and security of your user name and password. You are wholly responsible for all activities that occur under your user name and password. You agree to immediately notify All Nutrition of any unauthorised use of your user member name or password. You must ensure that you exit from your All Nutrition account at the end of each session

If there is a breach of this condition, then you will be liable to All Nutrition for all damages, costs, expenses including legal costs on a full indemnity basis incurred by All Nutrition arising directly or indirectly out of your breach of the condition.

PURCHASE OF PRODUCTS AND PAYMENT TERMS
All amounts due for purchase of products are payable in advance.  All Nutrition reserves the right to change the prices and payment terms at any time.  All prices quoted are GST inclusive.

USER NAME REGISTRATION
When registering as a member you must provide us with accurate, complete and up-to-date information as requested.  It is your responsibility to inform us of any changes to that information.  You may do this at any time by accessing your account details.

CONTENT
Any images, sounds, or text ("Content") that you transmit or post on this website, or otherwise transmit to any other use of the website by any other means, must be complete and accurate.
You agree not to post or transmit on this website All Nutrition, or otherwise transmit to any other user of the website by any other means, Content that:

• is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
• is false or misleading in any way;
• infringes the rights of any third party;
• you do not have a right to make available under any law or contractual obligation;
• contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

You are solely responsible for Content that you transmit or post on this website, or otherwise transmit to All Nutrition by any other means.
All Nutrition is not responsible for, and accept no liability with respect to, any Content transmitted or posted on this website, by any person.
We reserve the right, but have no obligation, to review Content posted on All Nutrition.  Without limiting your responsibilities under these terms and conditions, we reserve the right to modify and/or remove any Content that, in our opinion, violates these terms and conditions or otherwise has the potential to harm, endanger or violate the rights of any person.

ACCURACY OF INFORMATION AND DISCLAIMER
Information appearing on this website is for information purposes only.  All Nutrition does not warrant that the information is true and correct or will remain as published on this site for any set period of time. 

All Nutrition does not warrant that the use of any information appearing on this web site will give any individual any specific results.  Use of information and products purchased via the web site is at your own risk and under no circumstances will All Nutrition accept any liability whatsoever for use of information or products appearing on this website.  All Nutrition is not responsible for any consequences arising from the use of the information or use of products.

All Nutrition believes that the information published on this site is accurate and reliable but gives no warranty as to the accuracy or reliability particularly taking into account that some information is given to All Nutrition by third parties.  You acknowledge that because the information is given by third parties, it is possible for errors to be made in the collection or transmission of the information.

All Nutrition does not warrant that access to the site will be uninterrupted or error-free or that defects will be corrected. 

All Nutrition does not guarantee that any file available for downloading though this site will be free of infection or viruses, worms or any other program that may result in contamination or destruction.  You are responsible to make sure that you have installed on your system all appropriate virus protection software and fire walls.

COPYRIGHT
All Nutrition is the owner of the copyright is all material on this site.  The site is owned and operated by All Nutrition and is protected by Australian and international copyright and trademark laws.

You must not modify, copy, republish, upload to a third party, post, transmit or distribute the content of this site in any way unless you have the prior written authority of All Nutrition. 

You must not use this site in any manner or for any purpose which is unlawful or which may violate any rights of All Nutrition or its advertisers.

Some of the trademarks on this site are owned by third parties and are used with the consent of those parties.  If you are able to download any trademark from this site, whether owned by All Nutrition or by a third party, then you may only do so with the prior written consent of the owner of the trademark. 

LIMITATION OF LIABILITY
The Trade Practices Act and State Fair Trading Acts in Australia may give you some rights and remedies in relation to the provision of goods or services which cannot be excluded, restricted or modified.  All Nutrition does not exclude any or those rights but does exclude all other conditions or warranties whether express or implied by any custom, law or statute.

To the extent permitted by law:

• The content of this site is provided as is and without warranties of any kind.
• All Nutrition expressly disclaims all warranties including those relating to merchantability or fitness for purpose;
• All Nutrition does not warrant your access will be uninterrupted
• All Nutrition gives no warranty or guarantee as to the results of your access to the site;
• You assume the cost of any verification, maintenance or repair necessary to make use of any information from this site or which may result because of information obtained from this site.

Under no circumstances will All Nutrition be liable for any loss whatsoever that you might suffer because of any use or access to this site or for any consequences arising from use of products purchased from this site.

All Nutrition’s liability for breach of any implied warranty or condition which cannot be excluded by law, is limited to the full extent of the law to the following:

• in the case of services – to the supply of the services again or the payment of the cost of having the services supplied again; or
• in the case of goods supplied by All Nutrition – the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of the goods, or the payment of the cost of having the goods repaired.

LINKS TO THIRD PARTY SITES OR SERVICES
This site contains links to sites of third parties.  Those sites are not under the control of All Nutrition and All Nutrition is not responsible in any way for the contents of any linked site.  The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by All Nutrition.  Any link by you to a third party’s site is done at your own risk.

All Nutrition is not responsible for webcasting or any other form of transmission received from any linked site.

This site may also contain advertisements for third parties (including banner ads or other types of advertisements).  Those advertisements may also contain links to other sites controlled by third parties.  Any third party may pay for its advertising on this site and All Nutrition does not recommend or endorse any products or services offered by its advertisers.  You must check with the advertiser for information about products or services offered.

All Nutrition does not endorse any offers made by any third parties and All Nutrition is not a party to the making of the offer.  The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you must not use the web site or the services available through this site for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use the website in any manner which could damage, disable, overburden or impair any of the services offered through the site or interfere with any other party's use and enjoyment of any of our services.  You must not attempt to gain unauthorised access to any All Nutrition services, computer systems, or network connections to any All Nutrition services, through hacking, password mining or any other means, You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

TERMINATION
All Nutrition may terminate your access to this site at any time without notice.  If it does so, you will no longer be authorised to access the site but the contents of these terms of use will still apply.

INDEMNITY
All Nutrition relies on you observing these terms at all times.  You agree to indemnify and hold All Nutrition and its officers and employees harmless from any claims of any nature whatsoever (including legal costs on a full indemnity basis) by any third party arising out of or in connection with your use of this site.  The indemnity is this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to use whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit.  This right extends to any ideas you might send us in regard to new or improved products or services.

GENERAL
These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland.

If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

All rights not expressly granted in these terms are reserved by All Nutrition.

No partnership, joint venture, employment or agency relationship (except as specifically provided) exists between you and All Nutrition as a result of these terms and conditions or your use of this website.

PRIVACY POLICY
All Nutrition recognises that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously.

At All Nutrition, our policy is to respect and protect the privacy of our users. You can be assured the All Nutrition will never disclose individually identifiable information to any third party for any purposes unless you have authorised disclosure. This means that your email address, your name and other personal details that you provide will not be given or sold to any other company for any reason.  The only exceptions to this will be:

• where you have authorised disclosure
• if we are required by law to make the disclosure;
• we believe it is necessary to provide you with a service that you may have requested;
• to protect our rights or the rights of another All Nutrition user; or
• to lessen a serious threat to a person’s health and safety.

Although All Nutrition may share general information about our users with business partners, sponsors and other third parties, this data will be collated into aggregated measures, and will contain no details that could identify specific individuals.

If you have any queries about privacy and the use of personal information by All Nutrition, please contact us.

General
The purpose of this privacy policy is to inform you, as a consumer of All Nutrition products and services, what kinds of information we may gather about you when you visit our websites, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.
This privacy policy applies to the All Nutrition web site.  Please note that this policy applies only to All Nutrition, and not to other companies' or organizations' web sites to which we link.
The Collection of Personal Information
When you visit All Nutrition, our servers may automatically record information about your visit. The information that we collect is:

• your IP address
• your cookie ID (if enabled)
• the date and time of your visit to our site
• the date and time you left our site
• the pages you accessed and documents downloaded
• the type of browser you are using the type of operating system you are using

We do this to help us better understand what aspects of our services our users find the most useful and how to develop services for you in the future. This information also helps to ensure any advertising is more relevant to your interests.

Ordering of Products
Once you have become a Member user, we collect personal information about you in order to provide you with the products ordered. When you first register, we collect information from you directly and also from time to time thereafter if you provide us additional information. The mandatory information we collect includes:

• Email details
• Postcode
• Suburb
• Name

Once you have logged on, we keep a record of how you use the service.

Disclosure of personal information with third parties
Your personally identifiable information will only ever be disclosed to a third party a party if:

• we are required by law to make the disclosure;
• to the extent necessary, to provide the service you have requested or to meet the purpose for which it was submitted;
• to protect our rights or the rights of another All Nutrition user;
• to lessen a serious threat to a person's health and safety; or
• if we have informed you of a particular third party to whom it will be disclosed, at the time of collection.

Notification of Changes
If we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner.
In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a notice on our web site notifying users of the change. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
More Information
For more information about privacy in general, you can visit the Federal Privacy Commissioner's website www.privacy.gov.au.