Last updated on 14 June 2022
Carroll Performance Health Pty Limited
ABN 45 627 592 045
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Coach Mark Carroll.
In these terms, we also refer to Coach Mark Carroll as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.coachmarkcarroll.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
|Before you buy the Products, please make sure that you read and understand that:
(a) (Not Medical Advice) Nothing in the Products is intended to be medical advice. Please ensure that you raise any health issues or questions with a medical professional before relying on any information contained in the Products. Coach Mark Carroll will not be liable for any liability arising from the failure to consult medical professionals.
(b) (Tools) The Products and Website may contain tools for your use, such as calorie calculators. These tools are provided for information only, and should not be taken to be accurate for your unique body and individual circumstances. Please do not rely entirely on these tools and consult with a professional before making any decisions that may affect your health or wellbeing.
Part A : For When You Buy Products…
1. SUBMITTING AN ORDER
- By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
- Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
- Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
- To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
- As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. PRODUCTS AND APP
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
- As part of the Products, you will be provided with access to the Coach Mark Carroll application (App) for the time period set out on the Website at the time of your Order.
- To access the App, you will need to follow the instructions provided to you in an email sent to you by us following your purchase of the Products. Please allow for up to 24 hours for this email to arrive.
- Unless otherwise agreed by Coach Mark Carroll, the App will be made available for you for a limited time only, as stated on the Website at the time of your Order.
- For further information on terms relating to the App, please access the Terms and Conditions made available on the App.
- All prices are:
- per unit (except where indicated); and
- subject to change prior to you completing an Order without notice.
- (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
- (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Coach Mark Carroll, you must pay the GST subject to Coach Mark Carroll providing a tax invoice.
- (Card surcharges) Coach Mark Carroll reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
- (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. GIFT CARDS, VOUCHERS AND DISCOUNT CODES
- Gift Cards
- We may issue gift cards for use in our Website (Gift Cards).
- Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
- Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
- Vouchers and discount codes
- We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
- A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
- If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
6. CHANGES TO YOUR ORDER
- CANCELLATION BY US
- We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
- CANCELLATION BY YOU
- You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 3 may apply.
- RETURNS AND EXCHANGES
- We do not offer change of mind returns.
- We will provide a full refund of the price paid for a Product if we determine that:
- a Product you have ordered was not received by you solely due to failure by us;
- a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
- a Product is faulty, in accordance with clause 3(c)).
- (Faulty products) The following process applies to any Product you believe to be faulty.
- If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault.
- If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, or failure to take reasonable care, we will refuse your return.
- If we determine that the Product is faulty, you will be credited the full amount paid and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
- Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
7. INTELLECTUAL PROPERTY
- Coach Mark Carroll retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
- In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
8. RATINGS AND REVIEWS
- The Website or other platforms we sell our Products on may allow you to leave ratings or reviews regarding the relevant Products or your experience with us (each a ‘Review’).
- You must provide true, fair and accurate information in your Reviews.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from using the Website, or submitting future Reviews. We do not undertake to review each Review made by a customer.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You must only write about your own service experience or the Products you purchased. You are not permitted to write a Review about somebody else’s service experience, such as that of a family member or friend.
9. THIRD PARTY SUPPLIERS
- We may do any of the following:
- outsource any part of performing any services related to providing the Products; or
- procure materials and Products from third party suppliers,
without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.