Terms of service

TOTAL MAN TERMS AND CONDITIONS

Last updated on 18 September 2020

These terms and conditions (Terms) govern your use of the eCommerce Store website located at https://totalman.mykajabi.com/ (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, TOTAL MAN ABN 93 621 155 827 (Total Man, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

  1.  USE OF THE WEBSITE


ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

ELIGIBILITY

This Website is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent and warrant that you are either:

    • over the age of 18 years and accessing the Website for personal use; or
      • accessing the Website on behalf of someone under the age of 18 years old and consent to that person's use of the Website.
      Please do not access the Website if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Website.

       

      ACCOUNT REGISTRATION

        To access promotions, member materials and member benefits, you will be required to sign up for an account (Total Man Account).

        When you register for a Total Man Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

        You agree that you're solely responsible for:

        • maintaining the confidentiality and security of your Total Man Account information and your password; and
        • any activities and those of any third party that occur through your Total Man Account, whether those activities have been authorised by you or not.

        You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

        We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Total Man Account information or your password.


        YOUR OBLIGATIONS

          You must not:

          • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Total Man;
          • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
          • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
          • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
          • use the Website with the assistance of any automated scripting tool or software;
          • act in a way that may diminish or adversely impact the reputation of Total Man, including by linking to the Website on any other website; and
          • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
            • gaining unauthorised access to Website accounts or data;
            • scanning, probing or testing the Website for security vulnerabilities;
            • overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
            • instigating or participating in a denial-of-service attack against the Website.
           
          INFORMATION ON THE WEBSITE

            While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

            • the Website will be free from errors or defects;
            • the Website will be accessible at all times;
            • messages sent through the Website will be delivered promptly, or delivered at all;
            • information you receive or supply through the Website will be secure or confidential; or
            • any information provided through the Website is accurate or true.

            We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.


            DISCLAIMER

            • All information provided on this Website, including but not limited to text, images, audio and other media formats (Information) is for informational purposes only and should not be relied on other than as general information. Specifically, the Information is not to be relied on as medical or professional advice or for treatment, diagnosis or physical modification. The Information is provided on an “as is” basis and your use of the Information is entirely at your own risk.
            • You should seek professional advice of doctor or other qualified health practitioner before relying on the Information or if you have any questions about your physical or medical condition. By not seeking such advice, you accept the risk that the information on this Website may not meet your specific needs.

            PRODUCT ENDORSEMENT AND NO RELIANCE
            • Where we recommend a product or a service on our website (other than in Google Ads and similar banners over which we have no control) (Approved Products), we have done our research in relation to such products and endorse them in a general sense but make no representations that such products will be suitable for your needs or will have any physiological or health benefits.
            • If you decide to purchase any Approved Product, you acknowledge and agree that you have not relied on the skill or judgment of Total Man and that you have satisfied yourself as to the condition and suitability of any Approved Product and its fitness for your purpose prior to purchasing it.
            • To the maximum extent permitted under applicable law, and without limiting any of the protections you might be entitled to under the Competition and Consumer Act 2010 (Cth), Total Man excludes all warranties, representations, promises, conditions or statements regarding any Approved Products, either express or implied, including warranties, representations, promises, conditions or statements as to the suitability or fitness of any Approved Products for any particular application, other than those expressly referred to in these terms.

            INTELLECTUAL PROPERTY
            • Total Man retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
            • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Total Man or as permitted by law.

            LINKS TO OTHER WEBSITES
            • The Website may contain links to other websites that are not our responsibility.
            • We have no control over the content of the linked websites and we are not responsible for it.
            • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

            SECURITY

              Total Man does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.


              REPORTING MISUSE

              If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.


              LIABILITY

                (Limitation of liability) To the maximum extent permitted by applicable law, Total Man excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by Total Man.

                Claims for loss of or damage to Goods in transit must be made against the carrier.

                Goods sold by Total Man will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties, in relation to both goods and/or services are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Total Man's liability for breach of that non-excludable condition, warranty or guarantee will, at Total Man's option, be limited to:

                • in the case of goods, their replacement or the supply of equivalent goods or their repair; and
                • in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
                • (Indemnity) You agree to indemnify Total Man and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any goods or services provided by Total Man.
                • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Total Man be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Total Man (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

                PRIVACY

                  You agree to be bound by the clauses outlined in Total Man's Privacy Policy, which can be found here.


                  1.  SUPPLY TERMS


                  OFFER TO PURCHASE

                  By submitting an order for purchase of a Good using the Website's functionality (Purchase Order), or by paying for a Total Man Account, you represent and confirm that you:

                  • have the legal capacity and are of sufficient age to enter into a binding contract with us; and
                  • are authorised to use the debit or credit card included in your order.

                  Submitting a Purchase Order or paying for an account constitutes your intention and offer to enter into a contract, where we will provide you with the Goods and/or services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.


                  PAYMENT

                  • (Payment obligations) Unless otherwise agreed in writing:
                    • All payments in relation to your Total Man Account must be made upfront monthly before the start of the next month;
                    • if Total Man issues an invoice to you, payment must be made by the time specified in such invoice;
                    • in all other circumstances, you must pay for all Goods upfront prior to Total Man dispatching the Goods for delivery; and
                    • you must not set off any money alleged to be owing by Total Man against money due by you to Total Man.
                  • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Total Man, you must pay the GST subject to Total Man providing a tax invoice.
                  • (Payment methods) You must pay for all goods and/or services must be made via PayPal, Stripe, Credit Card or Electronic Funds Transfer.
                  • (Card surcharges) Total Man reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
                  • (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

                  CANCELLATION

                    We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.


                    PRICING ERRORS

                    In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.


                    DELIVERY AND SHIPPING

                    • (Delivery) For Goods to be delivered, Total Man may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Total Man.
                    • (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

                    TITLE AND RISK
                    • (Title) Until the price of Goods is paid in full, title in those Goods is retained by Total Man.
                    • (Risk) Risk in Goods will pass to you on delivery. Delivery must not be refused by you.
                    • (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
                      • or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Total Man reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
                      • you must pay Total Man interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Total Man;
                      • you authorise Total Man, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
                      • Total Man may at its option keep or resell Goods retaken from you; and
                      • if you sell Goods or items into which the Goods are incorporated before payment in full to Total Man, you acknowledge that such sale is made by you as bailee for and on behalf of Total Man, to hold the proceeds of sale on trust for Total Man, in an account in the name of Total Man, and you must pay that amount to Total Man on demand.

                    CUSTOMS AND DUTIES

                      Total Man reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.


                      RETURNS & EXCHANGES

                      • Returns of Goods will only be accepted if:
                        • the Goods are faulty and you comply with the provisions of this clause; or
                        • the Goods are yet to be shipped
                        • we agree in writing to accept return of the Goods.
                      • (Change of mind return) We do not accept change of mind returns due to the nature of the products.
                      • (Faulty products) If you believe your Goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible).

                        If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.

                        If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.

                        If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

                        If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

                         

                        1. GENERAL

                        • (Governing law) This agreement is governed by the law applying in Victoria, Australia.
                        • (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
                        • (Amendments) These Terms may only be amended by Total Man in accordance with the Terms.
                        • (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
                        • (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
                        • (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
                        • (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
                        • (Interpretation) In these Terms, the following rules of interpretation apply:
                          • (singular and plural) words in the singular includes the plural (and vice versa);
                          • (gender) words indicating a gender includes the corresponding words of any other gender;
                          • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
                          • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
                          • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
                          • (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
                          • (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
                          • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
                          • (includes) the word "includes" and similar words in any form is not a word of limitation; and
                          • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

                                        4. Duty and Taxes

                                         

                                        As an international buyer outside of Australia, you will be required to pay your corresponding countries duty and tax. We have gone to the liberty to provide you with a large discount by using one of the discount codes to help compensate for the costs. We ship with DHL so you will receive an email after you receive your goods with an invoice.

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