PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to ultim.me and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ultim.me’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that ultim.me is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ultim.me’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of ultim.me.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
ultim.me handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of ultim.me.
LINKS TO OTHER WEBSITES
ultim.me may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ultim.me and the owners of those websites. ultim.me takes no responsibility for any of the content found on the linked websites.
ultim.me’s website may contain information or advertisements provided by third parties for which ultim.me accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, ultim.me absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. ultim.me gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of ultim.me to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. ultim.me’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data ultim.me collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
ultim.me does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
ultim.me may be required, in certain circumstances, to disclose information in good faith and where ultim.me is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ultim.me. ultim.me expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ultim.me will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ultim.me reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
ultim.me expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and ultim.me concerning your use and access to ultim.me’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
DIETARY OR SPORTS SUPPLEMENTS
All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional dietary advice or treatment. In addition, the products themselves including any food supplements are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.
It is not uncommon to be intolerant to certain grains, nuts or food groups. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither ultim.me or its employees may be held responsible for any claim made against them.
You should also consult a physician or medical practitioner before taking any dietary supplement, especially if you are pregnant or nursing.
If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and ultim.me that results in litigation then you must submit to the jurisdiction of the courts of Queensland.
“Services” means the sale of our keto meal replacement shakes and any associated services.
“Subscriber” means a subscriber to the Services on this website.
“the/our website” means http://ultim.me
“We”, “our” and “us” means Ultim Pty Ltd (ACN 615 780 660) including its directors, employees and contractors.
“You” means the Subscriber to our services and by doing so, agree to these Terms.
You must register in advance in order to sign up to our website to access our Services. You need to first fill in your registration details that are required in the online form to gain access as well as pay the subscription fee in advance by providing your payment details for the monthly plan.
Subscription will entitle you to 2 or 4 bags of product per month, depending on which subscription is chosen; each bag containing 14 meals. It also entitles you to the right to order our new products before they are launched, and to obtain a pre-order discount for those products from time to time when we offer this to Subscribers.
By providing your credit card details, you authorise us and agree to the monthly subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each month subscription period unless you or we cancel the subscription in accordance with the below Cancellation terms.
It is your responsibility to keep your account and payment details up to date. If we do not receive prompt payment in accordance with our subscription terms, we have the right to suspend your subscription. We will, however, notify you, wherever possible, prior to any such suspension.
AGREEMENT FOR SUBSCRIPTION SERVICES
To be eligible to subscribe to our Services, you must first set up an account. In order to access our Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person;
- You will not on-sell, transfer, or grant access to any of our Services to any other person, company, or business;
- The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. (Please see our Terms and Conditions – Dietary or Sports Supplements section for our recommendations and disclaimer.)
CANCELLATION, REFUND AND TERMINATION
TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription through our website. You must cancel by using the Woocommerce subscription plugin.
We require 30 days prior notice in writing to cancel any subscription prior to the monthly payment date, to ensure you are not charged for the next month. If we do not receive your cancellation notice 30 days prior to the next monthly payment date, you will be charged fees for an additional month.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.