Terms and Conditions

This website fatblaster.com.au (Website) is operated by PharmaCare Laboratories Pty Ltd (ACN 003 468 219) (we, us, our and other similar expressions) and forms part of our ongoing commitment to providing you with valuable and accurate information. These terms (Terms) along with our Buying Product terms and Privacy Policy govern your access to and use of the Website. Please ensure you carefully read, understand and agree to these before using the Website. These Terms, our Buying Product Terms and the Privacy Policy are governed by the laws of New South Wales, and you consent to the non-exclusive jurisdiction of the courts in New South Wales to resolve any dispute with us, our suppliers or any other legal entity appearing on this Website.

Variations

Subject to the following paragraph, we may revise and update these Terms at any time without notice to you. It is important that you regularly review the most up to date version of these Terms, as they will be the Terms on which you access and use this Website. If you are a registered user, we will give you 30 days’ notice of any changes that we make to these Terms. If you object to the amended Terms, your only remedy, other than any remedy which cannot be excluded by law, is to stop accessing and using the Website.

Website Content

The content on this Website includes health related information that comes from a variety of sources and authors, including our staff, contractors and suppliers. While the information on this Website has been prepared and sourced using reasonable care, it is intended for general use only and we do not represent or warrant that the information is accurate or complete nor can we confirm its relevance to your particular circumstance. Before using and or relying on the information on this Website, we recommend that you exercise your own care and skill to assess its relevance, reliability, accuracy and completeness and always consult with your medical or health care professional if you have any concerns about your health. You should not substitute any information on this Website for professional medical advice, diagnosis or treatment. The Website contains links to external websites not operated by us. We take no responsibility for the content of such websites, nor do links to such websites imply any endorsement of the information or of any views expressed by the organisations or individuals responsible for them.

Delivery

All claims are individually assessed and all approved returns are credited back to the original credit card used to make the purchase. We do not offer product exchanges, only refunds. Therefore, all approved returns are firstly refunded and then a new order is created.

Your Content

Registered users of this Website may post public reviews on the products we offer and are subject to review, modification and deletion without notice by us. You acknowledge that any personally identifiable information you choose to disclose in your public review on the Website may be used by third parties and we are not responsible for this. You must not post any information which: • is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person; or • contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Website or any of our users. We may deny you access to all or part of the Website and or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms, the Buying Product terms, Privacy Policy or is otherwise inappropriate. We will not be liable for any loss, direct or indirect, that may result from the suspension or cancellation of your service account.

All orders are delivered by Australia Post e-Parcel. You will receive an email from us with an AusPost tracking number once your order leaves our warehouse. The majority of orders typically arrive within 7 working days. If you do not receive your order within this timeframe, please contact us via the contact us page. Your personal information (name address and telephone details) will be used, as provided by you, by Australia Post to deliver your package.

Your Use of the Website

Your use of the Website is at your own risk. You must only use this Website for lawful purposes, and in accordance with these Terms, any directions given by us and with all laws and regulations that apply to you. You must ensure that your access and use of this Website is not illegal or prohibited by laws that apply to you. You must not, and you must not cause or permit a third party, to:

• use this Website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights, or which restricts or interferes with our provision of this Website to any other users;
• reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of this Website;
• gain or attempt to gain unauthorised access to any part of this Website, or our computer systems or networks connected to this Website, including through hacking, password mining or any other means; or
• use data mining, robots, screen scraping or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained in this Website, on your own Website or in any other publication, or for your own personal use or benefit (other than as expressly set out in these Terms), except with our prior written consent.
You are responsible for taking all necessary precautions to ensure your access to and use of the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

Copyright and Trade Marks

Copyright in the content on this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. The Website is for your personal, non-commercial use only and you must not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material on the Website and or in our e-newsletters without our express prior written consent (such consent may be withheld) or for commercial purposes. Our logo and any other trade mark appearing on the Website must not be downloaded, copied and or used for any purpose without the permission of its respective owner. No right, license or interest is granted in our logo and all such other trade marks by these Terms.

Disclaimer

The Website is provided to you on an 'as is’, ‘with all faults’ and ‘as available' basis. To the extent permitted by law we make this Website available to you without any warranties or guarantees of any kind, expressed or implied. We make no representation, warranty or guarantee that your access to, and use of, the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components and we reserve the right to discontinue operating the Website at any time without notice to you. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us. While we try to ensure the accuracy of all prices and information displayed on the Website, we are not responsible for any typographical or photographic errors on this Website, including any price errors and we give no undertaking as to the availability of products advertised on this Website.

Your Account

To register for an account on the Website and to find out more about the benefits of registration, please go to the ‘Account’ link. You are responsible for all activities that occur under your service account. You must:

• ensure that you keep your username and password confidential and don’t disclose it to any other person;
• not authorise anyone to use your service account; and
• immediately notify us of any unauthorised use of your password or service account or any other breach of security.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. These Terms will continue to apply to your access to and use of this Website after your service account has been closed.

Limitation of Liability

We are not liable to you or any third party for any special, indirect, consequential, punitive, exemplary or unforeseeable loss including loss of profits or business interruption or any similar loss arising in connection with these Terms, the Buying Product terms, Privacy Policy or the Website. Subject to the above, our liability to you or any third party for breach of these Terms, negligence or other tort, breach of statutory duty, or under any indemnity or otherwise, is limited to, at our option:

• for services: to the re-supply of the relevant services or the cost of the re-supply of the relevant services
• for products: to the re-supply of the relevant products or the payment of the value of the products supplied.

Miscellaneous, Feedback and Complaints

You may not assign or transfer any of your rights or obligations under these without our prior written consent. If necessary, we will contact you using the email address you used to register your service account with. You will be deemed to have received:

• an email from us, 24 hours after it was sent, regardless of whether or not you have actually read it; and
• a letter posted to you, 3 days after the date of sending (7 days if sent to or from outside Australia).

If you want to contact us, or have any feedback or a complaint about the Website or any products or services we offer, you can:

• contact us via our contact form;
• write to us at 18 Jubilee Avenue, Warriewood NSW 2102; or
• call us on (02) 9997 1466.

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then the remainder of these Terms will continue in full force and effect.

Last updated January 2024.