Terms of service
Effective Date: 15 May 2025
ABN: (disclosed upon request)
Welcome to Dexx Nutrition! These Terms of Service (“Terms”) govern your use of the website dexxnutrition.com (the “Site”) and all products, services, features, tools and content (collectively, the “Services”) provided by Dexx Nutrition ("Dexx", "we", "us", or "our"). These Terms apply in conjunction with our Privacy Policy and Returns Policy.
By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1. Eligibility
You must be at least 18 years old or the age of majority in your state or territory of residence (whichever is higher) to use the Services. If you are under 18, you must have the consent of a parent or guardian.
2. Account Access and Security
You may need to create an account to use certain features of the Services. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must ensure all information provided is accurate and current. We may suspend or terminate your access if you breach these Terms.
3. Our Products
We aim to accurately describe our products, but due to screen display variations, product appearances may vary. Product availability, pricing, and specifications may change without notice. We reserve the right to limit sales by quantity or region.
All products are intended for personal or household use only and not for resale.
4. Orders and Payment
By placing an order, you are making an offer to purchase. Orders are subject to acceptance and confirmation by Dexx Nutrition. Prices are listed in Australian dollars (AUD) and include GST, unless otherwise stated. You agree to provide accurate billing and payment information. Payment must be received before we dispatch goods.
We reserve the right to cancel or refuse any order at our discretion. If an error occurs in price or availability, we will contact you.
5. Shipping and Delivery
We deliver across Australia and selected international locations. Estimated delivery times are provided at checkout but are not guaranteed. Title and risk in the goods pass to you upon dispatch. We are not responsible for delays caused by carriers, customs, or unforeseen events.
6. Returns and Refunds
Our Returns Policy complies with the Australian Consumer Law (ACL). You may be entitled to a replacement, refund, or repair if the product is faulty, not as described, or unfit for purpose. For all other return conditions, please refer to our Returns Policy.
7. Pricing and Promotions
Prices, discounts, and promotions may change without notice. Promotional offers are valid only for the period stated and may be subject to additional terms. In case of any conflict, the promotion-specific terms will prevail.
8. Intellectual Property
All content on the Site—including text, images, branding, logos, audio-visual content, and designs—is owned or licensed by Dexx Nutrition and protected under Australian copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or use any content for commercial purposes without our written consent.
9. Feedback and User Content
By submitting any ideas, reviews, or other content to us ("Feedback"), you grant Dexx a royalty-free, perpetual, worldwide licence to use, reproduce, and display such content for any purpose. You confirm that you have rights to the content you submit and that it does not violate any laws or rights of third parties.
10. Use of Services
You agree not to use the Services:
- For any unlawful, misleading, or harmful purpose;
- To infringe on intellectual property rights;
- To transmit malware or spam;
- To collect or misuse personal information;
- To interfere with the Site’s operation or security.
We reserve the right to terminate your access for breach of these Terms or any applicable laws.
11. Third-Party Tools and Links
We may provide access to third-party tools or link to external websites. We do not control or endorse third-party content and are not responsible for their practices. You access them at your own risk.
12. Shopify Services
Our platform is powered by Shopify. However, Dexx Nutrition is the responsible party for your purchases. Shopify provides the ecommerce infrastructure but does not process orders, returns, or customer service matters.
13. Privacy
We respect your privacy. Our collection and use of your personal information are governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Shopify’s handling of data is governed by its own privacy practices.
14. Disclaimer of Warranties
To the extent permitted by law, we provide the Services "as is" without any warranties, express or implied. We do not guarantee uninterrupted or error-free access. Some consumer guarantees under the ACL cannot be excluded, and this disclaimer does not limit your rights under Australian law.
15. Limitation of Liability
To the fullest extent permitted by law, Dexx Nutrition, its directors, employees, and affiliates are not liable for any indirect, incidental, or consequential damages. This includes loss of data, loss of profits, or interruption of business, arising out of your use of the Services.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law.
16. Indemnity
You agree to indemnify and hold harmless Dexx Nutrition, its affiliates, officers and employees from any claims, damages, losses, or costs (including legal fees) arising from your breach of these Terms or misuse of the Services.
17. Changes to Terms
We may update these Terms from time to time. We will notify users of significant changes by posting a notice on our Site. Your continued use of the Services after changes are posted constitutes your acceptance of the new Terms.
18. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms will be resolved in the courts of New South Wales.
19. Contact Details
Dexx Nutrition
Email: mail@dexxnutrition.com
Website: https://dexxnutrition.com