1. About the Website

1.1 Welcome to www.imnutrients.com (the 'Website'). The Website provides you with an opportunity to read information and browse and purchase various products or service packages that may be listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Services').

1.2 The Website is operated by I'm Nutrients. Access to and use of the Website, or any of its associated Products or Services, is provided by I'm Nutrients. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.3 I'm Nutrients may review and update these Terms from time to time by publishing the updated Terms on this page. We will use reasonable endeavours to notify you of material changes. Updated Terms apply from the date of their publication and apply to your future use of the Website; they do not change the terms that applied to any order you placed before the update. If you do not agree with the updated Terms, you should stop using the Website. We recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by I'm Nutrients in the user interface, including at the point of purchase.

3. Using the Website

3.1 As part of your continued use of the Services or the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address;

(b) a preferred username (where account registration is offered);

(d) a telephone number.

3.2 You warrant that any information you give to I'm Nutrients in the course of using the Website will always be accurate, correct and up to date.

3.3 You must not use the Website if:

(a) you do not have legal capacity to form a binding contract with I'm Nutrients; or

(b) you are a person barred from using the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a User

4.1 As a User, you agree to comply with the following. You will use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In particular:

(a) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(b) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify I'm Nutrients of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(c) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of I'm Nutrients providing the Services;

(d) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(e) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services; and

(f) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Purchase of Products, Subscriptions and Returns

5.1 In purchasing Products through the Website, you agree to pay the purchase price listed on the Website for the Product (the 'Purchase Price').

5.2 Payment of the Purchase Price may be made through a third party payment provider (the 'Payment Gateway Provider'). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation provided by the Payment Gateway Provider.

5.3 Following confirmation of payment of the Purchase Price by I'm Nutrients, you will be issued with a receipt to confirm that the payment has been received, and I'm Nutrients may record your purchase details for future use in accordance with its Privacy Policy.

5.4 Your rights to a refund, replacement or repair are governed by the consumer guarantees under the Australian Consumer Law and by clause 6 (Consumer Guarantees and Warranty). Where a Product has a major failure, you are entitled to choose a refund or replacement. Where a Product has a failure that is not major and can be remedied within a reasonable time, I'm Nutrients may choose to replace it. Where you are entitled to return a faulty Product, I'm Nutrients will bear the reasonable cost of returning the Product to us.

5.5 Subscriptions. Some Products may be offered on a subscription basis (for example, 'Subscribe & Save' or recurring delivery) (a 'Subscription'). If you sign up for a Subscription, you authorise I'm Nutrients (through the Payment Gateway Provider) to automatically charge your nominated payment method the applicable price for each delivery, on a recurring basis, until the Subscription is cancelled. Before you sign up, the delivery frequency, price, and how to cancel will be clearly disclosed to you.

5.6 Billing and renewal. Your Subscription renews automatically at the frequency selected at sign-up (for example, every 30, 60 or 90 days). Each renewal is charged on or around the renewal date for that cycle at the price then current for the Subscription. We will send you a reminder or order confirmation in connection with each renewal where required or practicable.

5.7 Cancellation. You may cancel your Subscription at any time, through your account on the Website or by contacting us at support@imnutrients.com. To stop the next renewal and avoid being charged for it, you must cancel at least 24 hours before that renewal date. If you cancel less than 24 hours before a renewal date, that renewal may already have been processed, and the cancellation will instead take effect from the following renewal cycle. Cancellation does not entitle you to a refund of an order that has already been dispatched, except where you have rights under the Australian Consumer Law (see clause 6).

5.8 Price changes. We may change the price of a Subscription. We will give you reasonable advance notice of any price change before it takes effect, and the new price will apply only to renewals occurring after the notice period. If you do not agree to the new price, you may cancel in accordance with clause 5.7.

5.9 Failed payments. If a recurring payment fails, we may retry the charge and/or pause or cancel the Subscription. You remain responsible for keeping your payment details current.

6. Consumer Guarantees and Warranty

6.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

6.2 Nothing in this clause 6 excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

7. Delivery

7.1 You acknowledge that the Products offered by I'm Nutrients integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

7.2 In providing the Services, I'm Nutrients may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that I'm Nutrients is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect of the Delivery Services. Nothing in this clause limits the consumer guarantees, which continue to apply to Products we supply to you.

7.3 In the event that an item is lost or damaged in the course of the Delivery Services, I'm Nutrients asks that you:

(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(b) contact us by sending an email to support@imnutrients.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.

8. Copyright and Intellectual Property

8.1 The Website, the Services and all of the related products of I'm Nutrients are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by I'm Nutrients or its contributors.

8.2 I'm Nutrients retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of I'm Nutrients;

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3 You may not, without the prior written permission of I'm Nutrients and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

I'm Nutrients takes your privacy seriously. Any personal information provided through your use of the Website and/or the Services is collected, used and disclosed in accordance with I'm Nutrients' Privacy Policy and the Privacy Act 1988 (Cth). The Privacy Policy is available on the Website.

10. General Disclaimer

10.1 Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term, condition, right or remedy implied or imposed by any applicable law (including the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

10.2 I'm Nutrients will make every effort to ensure a Product is accurately depicted on the Website; however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

10.3 Subject to clause 10.1 and clause 10.6, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) I'm Nutrients will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.

10.4 Subject to clause 10.1 and clause 10.6, use of the Website, the Services, and any of the products of I'm Nutrients (including the Delivery Services) is at your own risk, and everything on the Website is provided to you on an 'as is' and 'as available' basis, without warranty or condition of any kind except as required by law.

10.5 Subject to clause 10.1 and clause 10.6, and to the extent permitted by law, none of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of I'm Nutrients make any express or implied representation or warranty about the Content or any products or Services referred to on the Website, including in relation to: failure of performance, error, omission, interruption or defect; the accuracy, suitability or currency of any information on the Website; or any failure to complete a transaction.

10.6 Despite any other provision of these Terms, nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law, the exercise of any right or remedy conferred by it, or the liability of I'm Nutrients for a failure to comply with any consumer guarantee. To the extent that these Terms are inconsistent with any such right, guarantee or remedy, those rights, guarantees and remedies prevail.

11. Limitation of Liability

11.1 Subject to clause 10.1 and clause 10.6, and to the extent permitted by law, I'm Nutrients is not liable for any loss or damage, however caused (including by our negligence), suffered or incurred by you in connection with this agreement. However, we do not exclude or limit liability:

(a) for losses that are covered by an insurance policy;

(b) for losses resulting from fraud, wilful default or abandonment; or

11.2 Subject to clause 10.1 and clause 10.6, and to the extent permitted by law, we exclude any liability for consequential losses, whether direct or indirect (and including loss of profits and losses as a result of negligence) that were in the contemplation of the parties at the time of contracting.

11.3 Where you acquire Products as a consumer within the meaning of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is governed by the Australian Consumer Law and is not limited by these Terms. Where the Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by law, our liability for breach of a guarantee (other than certain guarantees as to title) is limited, at our option, to the replacement or repair of the Products, the supply of equivalent Products, or payment of the cost of doing so.

11.4 Subject to clause 10.1 and clause 10.6, and to the extent permitted by law, I'm Nutrients, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including any loss of profit, loss of goodwill or business reputation, or other intangible loss.

11.5 I'm Nutrients is not responsible or liable for any third party content posted on the Website or in connection with the Services by users or third parties.

12. Indemnity

12.1 To the extent permitted by law, you agree to indemnify I'm Nutrients, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) arising out of or in connection with:

(a) any content you post through the Website;

(b) your use of, or transactions on, the Website; and

12.2 Your liability to indemnify I'm Nutrients under clause 12.1 is reduced to the extent that any act or omission of I'm Nutrients (including its negligence, breach of these Terms or breach of any law) contributed to the relevant loss, damage or liability.

13. Dispute Resolution

13.1 Compulsory: If a dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought, or where a party exercises a right to bring a claim before a tribunal or court that cannot be excluded by agreement).

13.2 Notice: A party claiming a dispute (the 'Dispute') has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3 Resolution: On receipt of that notice (the 'Notice'), the parties (the 'Parties') must:

(a) within 14 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) if the Dispute is not resolved within 14 days of the Notice, agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the relevant dispute resolution body or their nominee;

(c) share equally the fees and reasonable expenses of the mediator and the cost of the venue (each Party paying its own costs of the mediation); and

(d) attend mediation in New South Wales, Australia.

13.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as 'without prejudice' negotiations for the purpose of applicable laws of evidence.

13.5 Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

13.6 Nothing in this clause prevents you from making a complaint to a regulator or from exercising any right you have to have a dispute heard by a tribunal or court where that right cannot be excluded by agreement.

14. Venue and Jurisdiction

The Products offered by I'm Nutrients are intended to be viewed or used by residents of Australia. Subject to any non-excludable right you have to bring proceedings elsewhere, you agree that the courts of New South Wales, Australia have jurisdiction to determine any dispute arising out of or in relation to the Website.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim arising out of or relating to the Terms shall be governed, interpreted and construed under the laws of New South Wales, Australia, without reference to conflict of law principles. The Terms are binding to the benefit of the parties and their successors and assigns.

16. Therapeutic Goods and Health Disclaimer

16.1 I'm Nutrients' Products are intended to be used as supplements and as directed. They are not intended to diagnose, treat, cure or prevent any disease or medical condition.

16.2 Always read the label and follow the directions for use. If symptoms persist, worsen or change unexpectedly, talk to your healthcare professional. Consult your healthcare professional before use if you are pregnant or breastfeeding, taking medication, or have a medical condition.

16.3 Any information on the Website is provided for general information only and is not a substitute for professional medical advice. Statements on the Website have not been independently verified as treatment claims unless expressly stated and approved where required under the Therapeutic Goods Act 1989 (Cth).

17. Independent Legal Advice

Both parties confirm that the provisions of the Terms are fair and reasonable, that both parties have had the opportunity to obtain independent legal advice, and that the Terms are not against public policy on the grounds of inequality of bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.