1. About us
- 1.1 Company details. MACKINTOSH INVESTMENT GROUP PTY. LTD. bearing company number ACN 167 071 712 trading as BLACKBELT PROTEIN (ABN 34 167 071 712) (we and us) is a company registered under the Corporations Act 2001 (Cth) and our registered office is at 16 Activity Crescent,Molendinar QLD 4214. We operate the website www.blackbeltprotein.com.au and yourbrandnutrition.com
- 1.2 Contacting us. To contact us, telephone our customer service team at 07 5241 4020 or email email@example.com, How to give us formal notice of any matter under the Agreement is set out in clause 17.2.
2. User Agreement
- 2.2 Entire agreement. The Agreement is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise,representation,assurance or warranty that is not set out in the Agreement.
- 2.3 Language. These Terms and the Agreement are made only in the English language.
3. Access and Use of the Website
- 3.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
- 3.2 You are responsible for ensuring that anyone who accesses our Website through your internet connection is aware of these Terms and that they comply with them.
- 3.3 We do not guarantee that the website will be secure or free from bugs or viruses. You should use your own virus protection and software.
3.4 You must not (or attempt to):
- (a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
- (b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- (c) interfere (or attempt to interfere) with security-related or other features of our site; or
- (d) use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
- 3.5 We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorized activity on your account if you fail to keep your account login information secure.
- 3.6 You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
- 3.7 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Placing an order and its acceptance
4.1 Placing your order. You may place your order via:
- (a) Purchase Order, after which you will receive an itemized sales order setting out the details of your order by email; or
- (b) our Website. Please follow the onscreen prompts to place an order via our Website.
Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
4.2 Correcting errors. Our order process allows you to check and amend any erroring the following manner:
- (a) for Purchase Orders, you may check and amend any errors within 24 hours of receiving the itemized sales order via email. If no reply is received from you to the itemized sales order it will be assumed that you are satisfied with the completeness and accuracy of the order and the order will be considered confirmed;
- (b) for orders placed via our Website, you may check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate. Once the order is received by us, it will be considered confirmed;
- (c) for orders placed via your website in accordance with clause 6.1, you are responsible for ensuring that the order and any specification submitted is complete and accurate. Once the order is received by us, it will be considered confirmed.
- 4.3 Accepting your order. After you place an order upon completing the process and payment is made in full, you will receive an order confirmation via email from us.
4.4 If we cannot accept your order. If we are unable to supply you with the Goods for any reason including but not limited to circumstances where we believe there may be:
- (a) A credit card or payment fraud (detected prior to the goods being shipped)
- (b) Where your order cannot be shipped
- (c) An error in the price or product description on the Website
we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
- 4.5 Inability to fulfil order for reasons beyond our control: We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
- 4.6 Stock availability: Acceptance of any orders on this Website or by email will be subject to the availability of stock of Goods and ingredients required to manufacture the Goods. We are under no obligation to maintain stocks of Goods.
- 4.7 Cancellation: Subject to clause 10.5, once your order has been confirmed, it cannot be cancelled.
5. Our goods
- 5.1 The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Goods visually. The color of your Goods may vary slightly from those images.
- 5.2 We will make reasonable efforts to ensure the Goods align with the nutritional panel stated on the packaging; however, due to the natural variability of raw ingredients, differences in nutritional content between batches may occur.
- 5.3 The packaging and product labels of your Goods may look visually different from that shown in images on our Website.
5.4 Our labeling information is provided as a guide only, and it will be your responsibility to ensure:
- (a) the accuracy of the labeling information;
- (b) conformity of the Goods to the label;
- (c) that the sale of the Goods complies with all applicable laws and regulations of Australia and/or the country for which the Goods are destined.
- 5.5 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement or for any other reason.
6. Our customers.
- 6.1 Dropship Customers. You may request that we integrate our ordering platform on to your website for the purposes of fulfilling your drop shipping orders and the orders made through your website will be sent directly to our Unleashed Inventory System (System). You are responsible for ensuring which orders are sent from your website to our System. You may request us to sell our Goods and deliver them to the address of your end client(s) using your packaging design ( Printed by Your Brand Nutrition ), or packaging you supply to us with your design. You will provide the packaging or packaging design which will be printed by us. Or you may request the design from us. In either case, you are responsible for the design’s conformity to any relevant justification the product is sold. We reserve the right to refuse or remove our integration on your website for any reason.
- 6.2 Retail Customers. We will manufacture and dispatch the orders placed on the Website or via Purchase Order as per the instructions provided by the Retail Customer(s) in accordance with clause 4. You will provide the packaging or packaging design which will be printed by us. Or you may request the design from us. In either case, you are responsible for the design’s conformity to any relevant justification the product is sold.
- 6.3 Wholesale/bulk order Customers.The packaging and product labels for bulk orders placed by Wholesale Customer(s) shall be subject to a separate supply agreement between both parties. Your request will be reviewed and approved by us, subject to legal compliance and other requirements, and thereafter the products will be manufactured based on the order quantities and as per the custom formulations that may be provided by the Wholesale Customer(s) and accepted by us. Notwithstanding the pricing on the Website, the pricing for bulk orders will be assessed and reviewed by us once every three (3) months taking account of the price variations of the ingredients. The delivery of such bulk orders may be made either directly to the Wholesale Customer’s end client(s) which shall be at an additional charge or to the Wholesale Customer themselves.
7. Delivery, transfer of risk and title
- 7.1 We will contact you with an estimated delivery date, which will be within one (1) to thirty (30) days after the date on which we email you with the order confirmation, depending on the order quantity. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
- 7.2 Delivery is complete once the Goods are:
- (a) dispatched in the case of Dropship Customers;
- (b) delivered to the address as indicated by you in the case of Retail Customers and Wholesale Customers; or
- (c) ready for collection, in the event you have informed us that you will be arranging collection, and you have been notified of this;
and the Goods will be at your risk from that time onwards.
- 7.3 If you don’t have a credit account with us, you own the Goods once we have received payment in full, inclusive of all applicable delivery charges. If you do have a credit account with us, you own the Goods once the Purchase Order has been confirmed by us.
- 7.4 If we fail to deliver the Goods, our liability is limited to the cost of providing replacement goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply and delivery of goods.
- 7.5 If you fail to accept delivery within seven (7) days after the day on which you have been notified that the Goods are ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance, selling costs (including cost of delivery), and any shortfall between the resale price and the price you paid for the Goods.
- 7.6 If you opt to organize delivery, it is your responsibility to ensure that the Goods are collected within seven (7) days after the day on which you have been notified that the Goods are ready for delivery. If you fail to collect the Goods within the said seven (7) days, delivery will be considered complete, and you will be entitled to a refund of fifty percent (50%) of the total order after deducting reasonable storage, insurance, selling costs, and any shortfall between the resale price and the price you paid for the Goods.
8. International delivery
- 8.1 We deliver to all countries except Africa (International Delivery Destinations).
- 8.2 If you order Goods from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict the amount.
- 8.3 The cost of delivery will depend on the delivery location (please see clause 10.4 below) and the quantity of Goods ordered.
- 8.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 8.5 You must comply with all applicable laws and regulations of Australia and/or the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
9. Return and refund
- 9.1 You may not cancel or change the order and the Agreement once it has been placed.
- 9.2 You must check your package for any physical damage prior to accepting delivery, and if there are any damages, you must not accept delivery. We will not be liable for Goods which are damaged in transit if the Proof of Delivery (POD) is signed, and goods are accepted.
- 9.3 If there is an issue with the order, you must inform us within Forty-Eight (48) hours of the Goods being delivered with photographic evidence. If we are satisfied that the Goods have not been damaged in transit and that they are faulty or mist described, we will inform you in writing that you can return the Goods to us. Once we have received the Goods, we will refund the price of the Goods by way of a bank transfer to a bank account nominated by you or on the credit card or debit card used by you to pay.
- 9.4 You must return the Goods to us without undue delay and in any event not later than fourteen (14) days after the day on which we have informed you in writing that you can return the Goods to us. You must bear the cost of this returns process. Goods can be sent back to our returns address: 16 Activity Crescent, Molendinar, 4214.
10. Price of goods and delivery charges
- 10.1 The prices of the Goods will be per unit as quoted on our Website (exclusive of GST), or in a separate quotation for custom or bulk orders placed via Purchase Order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of Goods you ordered or there is a change of price of the Goods between the order date and dispatch date due to any significant tariff changes relating to the ingredients of the goods.
- 10.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
- 10.3 The price of Goods do not include GST. The applicable current rate of GST chargeable in Australia for the time being will be communicated to you during the check-out process on our Website or via email. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Goods in full before the change in GST takes effect.
- 10.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process on our Website or via email, before you confirm your order. The delivery costs will also vary depending on weight and dimensions of the package and the place of delivery.
- 10.5 We sell a large number of Goods through Purchase Order and our Website. It is always possible that, despite our reasonable efforts, some of the Goods on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
11. How to pay
- 11.1 You can only pay for Goods by way of a bank transfer to our nominated account or by using a debit card or credit card.
- 11.2 Payment for the Goods and all applicable delivery charges is in advance.
- 11.3 We may grant credit approval provided it is subject to CreditorWatch approval. In the event credit approval has been provided by us and Goods are sold on credit, the payment for such Goods shall be made within thirty (30) days from the time the delivery of the order is accepted by you. In the event we are holding a stock of Goods and the units are dispatched individually, payment shall be made within thirty (30) days from the time the batch was manufactured (which will be notified to you), or as stated otherwise in our supply agreement or invoice issued to you.
12. Proprietary Rights
- 12.1 You acknowledge and agree that the Goods and Website are protected by copyrights, trademarks, patents, or other proprietary rights and laws. All rights are expressly reserved by us.
- 12.2 You shall not use the Trade Mark, Trade Name, or Brand or any other intellectual property rights of BlackBelt, whether design or word, as part of your own trademark, in any manner that is likely to cause confusion and or in any manner which shall cause damage to our reputation.
- 12.3 You are only allowed to use the Trade Mark as set out in this Agreement, and nothing in this Website and/or the Goods shall be construed as conferring any license or other transfer of rights to you of any of our intellectual property or other proprietary rights.
- 13.1 You hereby agree to fully indemnify and hold harmless Blackbelt and our directors, officers, employees, and agents from and against any claim brought by a third party resulting from the use of the Website and use or sale of the Goods in respect of all losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities whatsoever, suffered or incurred directly or indirectly by Blackbelt in consequence of such use of the Website or use or sale of the Goods or your breach or non-observance of these Terms and the Agreement.
- 13.2 You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against Blackbelt arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.
14. Our warranty for the goods
- 14.1 Except as expressly stated in these Terms, we do not give any representations, warranties, or undertakings in relation to the Goods. Any representation, condition, or warranty which might be implied or incorporated into these Terms by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
- 14.2 These Terms also apply to any replacement Goods supplied by us to you.
15. Our liability
5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- (a) errors, mistakes, or inaccuracies on the Website or our social media pages;
- (b) you acting or not acting on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
- (c) personal injury or property damage of any nature resulting from your access to or use of the Website;
- (d) any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- (e) any interruption or cessation of transmission to or from the Website;
- (f) any bugs, viruses, trojan horses, or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- (g) the quality of any product or service of any linked sites.
- 15.2 We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising.
- 15.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- 15.4 Except as required by law, in no event shall we be liable for any loss or any special, incidental, or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we have no responsibility for the legality of your actions.
16. Events outside our control
- 16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Communications between us
- 17.1 When we refer to “in writing” in these Terms, this includes email.
- 17.2 Any notice given under or in connection with the Agreement must be in writing and be delivered by email.
- 17.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18.1 Assignment and transfer.
- (a) We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this Website if this happens.
- (b) You must not assign or transfer your rights or your obligations under the Agreement to any third party.
- 18.2 Variations and Modifications. We reserve the right to make changes and modifications to our Website, policies and these Terms at any time.
- 18.3 Waiver. If we do not insist that you perform any of your obligations under the Agreement, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
- 18.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 18.5 Third party rights. The Agreement is between you and us. No other person has any rights to enforce any of its terms.
- 18.6 Governing law and jurisdiction. The Agreement is governed and construed in accordance with the laws of Queensland, Australia, and you hereby submit to the exclusive jurisdictions of the courts of Queensland, Australia.