Terms & Conditions

LAST REVISION: February 2024

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR PURCHASING AN ONLINE BUSINESS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This website is operated by  – Throughout this terms & conditions “shopworks.com.au”, “my.shopworks.com.au“, “shopworks” “we”, “us” and “our” refer to 

Your Contract with us for each Service we provide is made up of:

  1. These General Terms & Conditions;
  2. The Earnings Disclaimer;
  3. Our Package Inclusions Conditions; and
  4. Our Privacy Policy.

The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.

This Terms of Conditions Agreement (the “Agreement”) governs your use of this website, [shopworks.com.au , my.shopworks.com.au] (the “Website”), shopworks.com.au (“shopworks”) offer of products for purchase on this Website, or your purchase of products available on this Website.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. shopworks reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. shopworks will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised.

The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. shopworks encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with shopworks for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

PRODUCTS

Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third party call center reps or direct shopworks sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations shopworks and its designated in house or third party call team(s).  

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [opt-out email].

You may send a written remove request to Level 1/16 McDougall Street, Milton QLD 4064.

Proprietary Rights. shopworks has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by shopworks. shopworks also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.

WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. shopworks does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that shopworks does create the content on this Website, such content is protected by intellectual property laws of Australia, foreign nations, and international bodies.

Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. shopworks does not endorse the contents on any such third-party websites. shopworks  is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website; shopworks is not responsible for any damages resulting from use of this online business by anyone. You will not use the business for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the business(including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the business by other users, (3) not resell illegal material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

shopworks is not liable for any damage or harm resulting from any posts by or interactions between users.

LIMITATION OF LIABILITY

shopworks ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

shopworks WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

INDEMNIFICATION

You will release, indemnify, defend and hold harmless shopworks, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to shopworks.

When shopworks is threatened with suit or sued by a third party, shopworks may seek written assurances from you concerning your promise to indemnify shopworks; your failure to provide such assurances may be considered by shopworks to be a material breach of this Agreement. shopworks will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of shopworks choice at its expense.

shopworks will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend shopworks against any claim, but you must receive shopworks prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

EARNINGS DISCLAIMER

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS I.E. ONLINE BUSINESSES ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. shopworks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

Any earnings or income statements, or any earnings or income examples, are mere estimations and what you possibly could earn. No assurances will be given that you will succeed as mentioned in any examples. By relying on any financial data provided, the entire risk must be accepted of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

Past success and earnings have absolutely no bearing to future gains and success. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

There are various factors that contribute to the success or failure of a business and some of these include;

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by shopworks products and/or services.

(ii) Your Experience or Lack of. Running any business depends solely on the business acumen of the operator regardless of whether the business itself has potential. By utilizing information or strategies provided towards your online business depends on a variety of factors. Determining your success rate is impossible as every operator possess differing levels of ability and expertise. It therefore depends on your background, your work ethic, your dedication, your motivation, your desire, and your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

(iii) Forward-Looking Statements. Materials contained on this website or in materials purchased and/or downloaded from this website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. forward-looking statements give our expectations or forecasts of future events. you can identify these statements by the fact that they do not relate strictly to historical or current facts. they use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner or employee of this site in any form whatsoever.

PRIVACY

shopworks believes strongly in protecting user privacy and providing you with notice of shopworks use of data. Please refer to shopworks privacy policy, incorporated by reference herein, that is posted on this Website.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL

Force Majeure. shopworks will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Entire Agreement. This Agreement comprises the entire agreement between you and shopworks and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of shopworks to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Commonwealth. This Website originates from Sydney, Australia. This Agreement will be governed by the laws of the State of New South Wales without regard to its conflict of law principles to the contrary. Neither you nor shopworks will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New South Wales. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Business, Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Domestic Use. shopworks makes no representation that the Website or Products are appropriate or available for use in locations outside Australia and the USA. Users who access the Website from outside Australia and the USA do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

BY PURCHASING THIS ONLINE BUSINESS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.