Terms of service

Terms of Use

Last updated: 1st October 2020

Your access to and use of MK sports Foods website (located at: http://www..au), and the features at this website (collectively, this Site) are, together with any additional terms and notices contained elsewhere on this Site, subject to these Terms of Use (the Terms).  Please read these Terms carefully before using this Site.  This Site is owned or controlled MK sports Foods Australia. (MK sports Foods).

These Terms must be read in conjunction with our privacy policy which is available here: https://www..au/policies/privacy-policy (Privacy Policy).

 

Your Acceptance

By using, accessing or browsing any part of this Site, including through communicating with us, subscribing to our emails or purchasing products (Services), you agree to be bound by these Terms and the Privacy Policy, and any other terms and conditions that are made available by us (including any special offers). If you do not accept these Terms or the Privacy Policy, you must refrain from using this Site. 

From time to time we may update this Site, these Terms and any updates will be effectively immediately on publication.  Your use of this Site after we post any changes to these Terms constitutes your agreement to be bound by these Terms as updated.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

 

MK sports Foods Content and IP Rights

Content on this Site that is provided by MK sports Foods or its licensors, including, without limitation, certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (MK sports Foods Content) is the property of MK sports Foods and its licensors, and is protected in Australia and internationally under trademark, copyright, and other intellectual property laws.

Unless otherwise permitted under these Terms or by law (including under the Copyright Act 1968 (Cth)), you must not download, display or use any MK sports Foods Content located on this Site in connection with products or services (other than products or services supplied by MK sports Foods), in a manner that is likely to cause confusion among consumers, that dilutes the strength of MK sports Foods or its licensor's property, that disparages us or that otherwise infringes MK sports Foods’ or its licensors’ intellectual property 

rights. You further agree to in no other way misuse any MK sports Foods Content or Third Party Content that appears on this Site.

 

Use of the Site / User Content

You must use this Site in a responsible manner and in compliance with all applicable laws, regulations, standards, and codes, including these Terms.  In particular, and without limiting any other provision of these Terms, you must not:

  • use this Site other than for its intended purpose and in accordance with its intended operation;
  • knowingly transmit any virus or other disabling feature to this Site or via this Site;
  • use any electronic communication feature of the Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libellous, defamatory, obscene, or threatening or in a manner that would constitute a contravention of the Spam Act 2003;
  • upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; or
  • use the Site for any commercial purpose not expressly approved by MK sports Foods in writing.

On certain areas of this Site you may be able to submit written posts and certain other materials (User Content).  By using these features, you agree that you will not:

  • post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent;
  • post any content that infringes or violates the rights (including intellectual property rights) of any third party;
  • impersonate any person or organisation, or misrepresent an affiliation with another person or organisation; or
  • post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of this Site, or features of this Site.

By displaying, publishing, or otherwise posting any User Content on or through this Site, you hereby grant to MK sports Foods a non-exclusive, perpetual, irrevocable, sub-licensable, worldwide, fully-paid up, royalty free licence to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any form,  media or technology now known or later developed.  This licence includes the right to host, index, cache, distribute, and tag any User Content.  You represent and warrant that you own any User Content submitted, displayed, published or posted by you on this Site and otherwise have the right to grant the licence in accordance with this section.

MK sports Foods is not responsible for the accuracy, completeness or suitability of any content submitted by other users of the Site, and you must take care before relying on or making decisions based on that information.  Not all information on this Site is produced, approved or promoted by us.  You agree to exercise appropriate judgment in obtaining or using information from this Site, including ascertaining the currency of information.

 

Your Account

You may create an account with us by completing the relevant fields on the account section of this Site.  You must provide all information required by MK sports Foods when registering an account, including your name and email address.  You warrant that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep the information true, accurate, current and complete. You agree not to create more than one account.

You acknowledge that your username and password is secret and confidential.  You must maintain the confidentiality of both your username and password, and are fully responsible for all activities that occur under your account.  You agree to immediately notify us of any unauthorised use (actual or suspected) of your account or any other breach of security.  We are not liable for any loss or damage arising from your failure to comply with these requirements.

You must not allow any other person to use your account to use this Site or submit content for this Site.

  

Subscribing to Our Services

If you wish to subscribe to our newsletters, or otherwise engage with our services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the subscription form (the Subscription Data). You must maintain and update this Subscription Data as required to keep it current, complete and accurate.

 

Purchasing Goods

You may purchase quality raw meat products and other related items and services (Products) from this Site by submitting an order in accordance with these Terms.  Each order must contain your name, email address, credit or debit card details and any other information as specified on the applicable order form.

By placing an order for a Product in the manner described on the Site, you make an offer to purchase the Product for the price specified on the Site at the time you place the order (Offer).  MK sports Foods may, at its sole discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the Product, an error in price or the description of the Product or an error in your Offer.

While we use all reasonable endeavours to ensure information about the Products is kept current and correct, there may be some instances where Products ordered differ in a minor degree from their descriptions.  Subject to applicable law, any graphics, photos, or illustrations used in relation to Products 

available for purchase on this Site may not be fully representative of the Product described and should be used as a guide only.

From time to time, Products displayed on this Site may be unavailable.  If this happens, you will receive a refund of any money paid.  We give no commitment regarding the availability of Products advertised on this Site.

Products will be delivered to you according to the delivery method specified on this Site or you may collect your Products from our physical store.

Title in the Products will not pass to you until payment in full has been received by MK sports Foods.  Risk of loss or damage to the Products passes to you on dispatch or collection by you from our physical store.

When you place an Order, you agree to be charged the total purchase price (including GST, if applicable) for the applicable Product, as specified on this Site (Price) for the Products ordered by you, and any applicable shipping costs as specified on this Site.  All Prices are in Australian dollars.

Your payment will be effected in the manner described on this Site, and, where applicable, in accordance with the terms and conditions of the third party payment processor used by MK sports Foods from time to time.

We may change any Price without notice to you. However, if you have submitted an Order, we will supply your Products at the Price that applied at the time of your Order.

Unless we agree otherwise, you may not cancel an Order once it has been submitted, even if our acceptance or rejection of your Order is still pending.

You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect Price or with incorrect information due to an error or oversight.  In these circumstances, we reserve the right to cancel the part of your Order affected by the error or oversight and refund to you the value of the affected part.

In addition to your rights at law, you are entitled to a refund subject to and in accordance with our refund policy available at: https://www..au/policies/refund-policy.

 

Account/Site Termination

You understand and agree that you have no ownership rights in or to this Site or the materials and features displayed on this Site.  

MK sports Foods may immediately suspend or cancel your account and delete all User Content associated with your account at any time, and without notice, if MK sports Foods reasonably determines that you have violated these Terms or any laws.  MK sports Foods assumes no liability for any information removed from this Site, and reserves the right to permanently restrict access to this Site or a user account.

 

Indemnification

You agree to indemnify and hold MK sports Foods, its affiliates, parents, subsidiaries and each of their respective officers, employees , contractors and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations of these Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to MK sports Foods or this Site.

  

Representations and Limitations of Liability

To the maximum extent permitted by law, MK sports Foods makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. MK sports Foods makes no representations regarding the amount of time that any Content or User Content will be preserved.

MK sports Foods does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by MK sports Foods without the prior review and written approval of MK sports Foods.

This Site is provided on an "as is" and "as available" basis and without guarantee that it is free from infection by viruses.  To the maximum extent permitted by law, no warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this Site, MK sports Foods Content or any information or software contained in or displayed in this Site.

Under no circumstances, including negligence, will MK sports Foods or its affiliates, parents, subsidiaries, and each of their respective officers, employees, contractors and agents (the MK sports Group) be liable for any:

  • loss of profits, loss of revenue, loss of any contract value, loss of data, loss of anticipated profit or damages for lost opportunity, or cost of finance; or
  • loss which does not arise naturally from and in the usual course of a breach of contract,

that result from the use of or inability to use this Site.

In no circumstances (including negligence) will MK sports Group (or any of them) be responsible or liable for any damages, costs, loss or liability whatsoever that results from or in connection with:

  • your use of, or reliance on, information contained on or accessed through this Site;
  • mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond MK sports Foods’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorised access to this Site's records, programs, or services; or
  • the use of, or the inability to use, this Site.

Notwithstanding the above, these Terms are subject to your statutory and common law consumer rights and do not limit any rights you might have that cannot be excluded, restricted or modified under applicable law, including any of the consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).  Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Where any law, including the Australian Consumer Law implies a condition, warranty or guarantee into these Terms which may not be lawfully excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

  • if the breach relates to the Products:
    • the replacement of the Products or the supply of equivalent products; and
    • the payment of the cost of replacing the Products or of acquiring equivalent products
  • if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again,

and to the extent that any aspect above is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

 

Third Party Websites

This Site may hyperlink to sites not maintained by or related to MK sports Foods.  Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or MK sports Foods.   MK sports Foods makes no representations or warranties about the content, completeness, or accuracy of those third party sites and you access them at your own risk.  Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and MK sports Foods has no control over how your information is collected, used, or otherwise handled.

 

Privacy Policy

We will comply with the terms of our Privacy Policy, which we may update from time to time, when collecting, using and disclosing personal information provided to us in connection with your use of this Site, including as part of any Order placed via this Site.

 

Miscellaneous

Both you and MK sports Foods acknowledge and agree that no partnership is formed and neither of you nor MK sports Foods has the power or the authority to obligate or bind the other.

These Terms are governed by the laws of the state of Queensland, Australia.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of Queensland, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction without regard to conflict of law principles.

 These Terms operate to the fullest extent permissible by law. You agree that, to the extent permitted by applicable law, any and all disputes, claims and causes of action arising out of or connected with the 

web site, these terms, and/or the submission of and/or our use or distribution of content, will be resolved individually, without resort to any form of class action.

If MK sports Foods fails to act with respect to your breach or anyone else’s breach on any occasion, MK sports Foods is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and MK sports Foods, and is accepted by you upon your use of this Site. These Terms constitute the entire agreement between you and MK sports Foods regarding the use of this Site. By using this Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.