Terms and Conditions

This Agreement was last modified on June 26, 2015.

Warning / Alert

Welcome to our Website. If You continue to browse and use this Website You are agreeing to comply with and be bound by the following disclaimer, together with our Terms and Conditions.

Information about Nutrition and Exercise

Use of Megabakeenergybar.com.au information and products is not a substitute for professional nutritional and/or medical advice. Some of the content on this Website is intended to provide general information on nutrition and exercise. The Website and its content are not intended to be nor a substitute for professional medical advice. Always seek the advice of Your physician or other qualified health provider regarding any medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something You have read on this site.

1. Introduction of the Terms and Conditions

The Terms and Conditions (“Terms and Conditions”) detailed below and the associated Privacy Statement (“Privacy Policy”) govern Your access to and use of the Website, including shopping. These Terms and Conditions govern the contractual relationship between the User (“You” or the “Customer”) and Megabake (“Megabake”, “We”, “Us” or the “Website”). Both parties accept these Terms and Conditions unreservedly. These Terms and Conditions are the only conditions that are applicable and replace all other conditions, except in the case of express, written, prior dispensation. You should read these Terms and Conditions and the Privacy Policy carefully before using this Website.

Website Owner = MEGABAKE.

Domain name = www.megabakeenergybar.com.au the “Website”.

2. Our information

Megabake is a registered business in Australia (ABN 61 161 774 672) and the registered address is 142 Flockton Street, Everton Park, Queensland, 4053.

3. Your access/use implies agreement

The Website is available for Your use only on condition that You agree to these Terms and Conditions. By accessing/using the Website, You are signifying that You agree to be bound by these terms. We maintain that, by confirming Your order, You have read and do unreservedly accept Our Terms and Conditions. These Terms and Conditions are important to You and Megabake as they are used to protect Your rights as a valued customer and Our rights as a business.

4. Modifications to the Terms

Megabake may revise and update these Terms and Conditions at any time. Your continued usage of the Website after any changes to these Terms and Conditions will mean You accept those changes.

5. Modifications to the information

Megabake does not warrant the accuracy, adequacy or completeness of material on this Website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Megabake.

6. Access to the Website

We work hard to ensure the Website is always up and available, but We can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require You to input a password to access certain features. This is to be able to give You details relevant to Your order whilst still keeping them private to You. To do this, as part of Our security procedures, We require You to register an account with Megabake by entering Your email and choosing a secure password. We highly recommend that You choose a strong password that is hard for others to guess, and You log out from Your account at the end of every session. There is a password reset procedure in case You forget Your password. You must treat Your account log-in information as confidential, not disclosing it to any third party and only using the Megabake Website in person. If You think there may have been any breach of security then it is Your responsibility to notify Us immediately and if log-in is possible, to change Your password.

It is a condition of Your use of the Website that all the information You provide on the Website is correct, current and complete. We reserve the right to disable any User account at Our sole discretion, at any time for any or no reason, including if, in Our opinion, You have failed to comply with any provision of these Terms and Conditions.

While We work hard towards this, We do not guarantee that the Website or any content provided on the Website is error free.

While We take steps to prevent Our Website from containing viruses and malware, We do not guarantee that the Website will be free from viruses and malware.

7. License and Ownership

The copyright for the content on this Website is owned or licensed by Megabake and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Megabake.

All custom graphics, icons, and other items that appear on the Website and all associated trademarks, are trademarks of Megabake.

8. Megabake Privacy Policy

The Megabake privacy policy governs the use of information collected from or provided by You at the Website. A policy statement prepared by Megabake for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) ( “Privacy Act”) is available at megabakeenergybar.com.au/our-shop/privacy-policy/.

9. Outbound links

The Website may contain links to third-party Websites and resources (“linked sites”). These linked sites are provided solely as a convenience to You and not as an endorsement by Megabake. Megabake makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.

10. Inbound links

Megabake generally encourages and agrees to Your linking to the Home page through a plain text link on Your website without the need for agreement between Yourself and Megabake. However, linking to any other page of the Website is strictly prohibited, without express written permission from Megabake.

11. Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the state of Queensland and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the state of Queensland, Australia.

12. Prices

The prices indicated on the Website are shown in Australian dollars and include Australian Goods and Services Tax (GST) at 10%. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify Our prices at any moment but this will be indicated to You on the order at the time the order is placed. If an obviously incorrect price appears on Our Website and is not corrected on Your total at the time of order completion, for whatever reason (human error, technical error etc.), Your order will be cancelled and the payment refunded to You, even if it has been initially validated.

13. Secure Payment

Megabake currently offers two ways to pay for Your order, Paypal and Direct Bank Deposit. Paypal uses advanced SSL encryption to keep Your transaction secure and does not cost You anything to use (Megabake is charged as the seller, You are not charged as the buyer) so You will not pay any extra for Your order. You do not need to hold an account with Paypal to use this method of payment. Please refer to Paypal for full terms and conditions of use. The Direct Bank Deposit method will be governed by Your Bank.

14. Disclaimer of Warranties

Megabake makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Website (the “Service”) and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

You understand and agree that Your use of this web site and of any services or content provided is at Your own risk.

Megabake makes no warranty, either implied or express, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Megabake nor any participant in the Service provides professional advice of any kind and that any advice or any other information obtained via this web site may be used solely at Your own risk, and that Megabake will not be held liable in any way.

15. Limitation of Liability

If Megabake is found responsible for any damages, Megabake is responsible for actual damages only. In no event shall Megabake, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website.

16. General Conditions of Sale

The following General Conditions of Sale shall apply to any product sold on this Website.

(a) The products available on the Website for sale under these Terms and Conditions are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing Your order You are verifying to Megabake that You are able to make a legally binding contract.

(b) Megabake reserves the right to accept or reject Your offer for any reason, including, without limitation, an error in the product description or the price posted on the Website, the availability of the product, or an error in Your order. Your contract with Megabake only comes into existence when Megabake forwards You an email containing confirmation of receipt of Your order, an acceptance of Your order, confirmation of receipt of Your payment and details of likely delivery.

(c) Ownership and property in the goods supplied/delivered shall pass from Megabake to You when Megabake accepts Your offer and assigns product in the Megabake warehouse. Risk passes to You upon delivery to Your warehouse or to an agreed delivery point.

(d) Megabake shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and You and Megabake shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If Your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, You shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

(e) You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Megabake in respect of any such use. Megabake is not liable for any infringement of patent rights arising out of the use of such goods by You or Your instructions, expressed or implied, and it is Your responsibility of to ensure that the goods when used by You are not damaged and no liability will be accepted by Megabake for the consequences of the use of damaged goods by You.

(f) Nothing in these Terms and Conditions is intended to exclude, restrict or modify any statutory obligation of Megabake implied by the Goods Act, 1958.

17. Feedback, suggestions, comments or requests

We welcome any comment, question and communication at hello (at) megabake (dot) com (dot) au. Any opinions left on the Website by Megabake customers are screened and moderated by the marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Megabake reserves the right to refuse or modify it.