Welcome to our online store! First Class Nutritionals and its associates provide their
services to you subject to the following conditions. If you visit or shop within this
website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to
our website, to understand our practices.
When you visit First Class Nutritionals or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software, is the
property of First Class Nutritionals or its content suppliers and protected by Australian and
international copyright laws.
The software application provider and author for "osCommerce", is
used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit
for osCommerce remains the intellectual rights of www.oscommerce.com.
First Class Nutritionals trademarks
and trade dress may not be used in connection with any product or service that
is not First Class Nutritionals, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits First Class Nutritionals. All other
trademarks not owned by First Class Nutritionals or its subsidiaries that appear on this
site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by First Class Nutritionals or its subsidiaries.
License and Site Access
First Class Nutritionals grants you a
limited license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with express
written consent of First Class Nutritionals. This license does not include any resale or
commercial use of this site or its contents: any collection and use of any product
listings, descriptions, or prices: any derivative use of this site or its contents:
any downloading or copying of account information for the benefit of another
merchant: or any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of First Class Nutritionals. You may not frame or utilise
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of First Class Nutritionals and our associates
without express written consent. You may not use any meta tags or any other
"hidden text" utilising First Class Nutritionals name or trademarks without the
express written consent of First Class Nutritionals. Any unauthorised use terminates the
permission or license granted by First Class Nutritionals. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of First Class Nutritionals
so long as the link does not portray First Class Nutritionals, its associates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any First Class Nutritionals logo or other proprietary graphic or trademark
as part of the link without express written permission.
Your Membership Account
If you use this site, you
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If you are under
18, you may use our website only with involvement of a parent or guardian. First Class Nutritionals and its associates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails and Other Content
Visitors may post reviews,
comments, and other content: and submit suggestions, ideas, comments, questions,
or other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam". You may not use
a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. First Class Nutritionals reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or
submit material, and unless we indicate otherwise, you grant First Class Nutritionals and
its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the world
in any media. You grant First Class Nutritionals and its associates and sublicensees the
right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the
rights to the content that you post: that the content is accurate: that use
of the content you supply does not violate this policy and will not cause injury
to any person or entity: and that you will indemnify First Class Nutritionals or its associates
for all claims resulting from content you supply. First Class Nutritionals has the right
but not the obligation to monitor and edit or remove any activity or content.
First Class Nutritionals takes no responsibility and assumes no liability for any content
posted by you or any third party.
Risk of Loss
All items purchased from
First Class Nutritionals are made pursuant to a shipment contract. This basically means that
the risk of loss and title for such items pass to you upon our delivery to the
First Class Nutritionals and its associates
attempt to be as accurate as possible. However, First Class Nutritionals does not warrant
that product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by First Class Nutritionals itself
is not as described, your sole remedy is to return it in unused condition.
First Class Nutritionals total liability
herein in respect of each event or series of connected events shall not exceed the
total price paid for the purchase of products and/or services under these
Terms & Conditions.
The Customer shall indemnify First Class Nutritionals and keep
First Class Nutritionals fully and effectively indemnified against any loss of or damage to
any property or injury to or death of any persons caused by any negligent act or
omission or wilful misconduct of the Customer, its employees, agents or sub-contractors
or by any breach of its contractual obligations arising out of these
Terms & Conditions.
First Class Nutritionals and Customer agree that First Class Nutritionals
will not be liable for Products not being available for use, or for data or software
which is lost, corrupted, deleted or altered. First Class Nutritionals shall not be liable to
the Customer for any incidental, indirect, special or consequential damages arising out of
or in connection with the purchase, use or performance of products or services, even if
First Class Nutritionals has been advised of their possibility.
Any service response
times stated by First Class Nutritionals in the service contracts are approximate only and
First Class Nutritionals shall not be liable for any direct or indirect loss or damage arising
from its failure to meet such response times, howsoever occasioned.
typographical, clerical or other error or omission in sales literature, quotation, price
list, acceptance of offer, invoice or other documents or information issued by
First Class Nutritionals shall be subject to correction without any liability on the part of
First Class Nutritionals.
Disclaimer of Warranties and Limitation of Liability
The information and statements on this site are not intended to diagnose, treat, cure,
or prevent any disease. No warranty is made that any information on or linked to this site
is complete and/or accurate. The information on this site is not a substitute for medical
advice. Always seek the advice of your General Practitioner, other medical practitioner or
qualified health provider when taking any vitamins or supplements. You take full and total
responsibility for what you do with this information and any resulting outcomes from your
THIS SITE IS PROVIDED BY
FIRST CLASS NUTRITIONALS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FIRST CLASS NUTRITIONALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, FIRST CLASS NUTRITIONALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. FIRST CLASS NUTRITIONALS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM FIRST CLASS NUTRITIONALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FIRST CLASS NUTRITIONALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting First Class Nutritionals,
you agree that the laws of the state of NSW Australia, without regard to principles
of conflict of laws, will govern these Terms & Conditions and any dispute of
any sort that might arise between you and First Class Nutritionals or its associates.
Any dispute relating in
any way to your visit to First Class Nutritionals or to products you purchase through First Class Nutritionals shall be submitted to confidential arbitration in Rhodes NSW Australia, except that,
to the extent you have in any manner violated or threatened to violate First Class Nutritionals
intellectual property rights, First Class Nutritionals may seek injunctive or other appropriate
relief in any state or federal court in the state of NSW Australia, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other
policies, such as our Shipping and Returns policy, posted on this site. These
policies also govern your visit to First Class Nutritionals. We reserve the right to make
changes to our site, policies, and these Terms & Conditions at any time. If any
of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
directed to our support staff by emailing First Class Nutritionals from the Contact Us