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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Further, by agreeing to be bound by these Terms and providing or inputting your information into our system you give express permission and agree to us contacting you via emails and SMS messages from time to time (until you opt out in accordance with the opt out options provided in the email or SMS or in accordance with our Privacy Policy terms) which emails and SMS messages may include but are not limited to services updates, campaign updates, payment reminders, advertising reports and marketing opportunities. This includes for in store purchases & transactions also.

 

Right to Cancel or Refund Order

Elite Supps reserves the right to cancel or refund orders before dispatching for delivery even if the order was previously accepted. Examples of this scenario, but not limited by, could be where:

  • Elite Supps suppliers are unable to supply Goods that they have previously promised to supply
  • An Event beyond Elite Supps control (pandemic, terrorism, act of God etc.) means Elite Supps is unable to supply the Goods within a reasonable time frame
  • Typographical errors (as previously mentioned) for Goods on the website have been acknowledged by Elite Supps in relation to a product description, price, or image.
  • Sometimes orders will be flagged for auditing purposes (this is to protect the customer against potential financial fraud). If additional information is required for order approval, we may contact the customer to request the necessary documentation. Failure to provide the requested information within a reasonable time frame may result in the cancellation of the order.

In the event of an order being cancelled, customers will have the option to select their form of compensation from the following options as long as the order is eligible for a refund:

  • Full refund for the original amount of the order to the original form of payment
  • Gift card for the original amount of the order plus an extra amount at our discretion

 

Modifying Orders

During sitewide sales, customers have 1 hour to cancel or modify an order after it has been placed. Order modifications include changes to products, flavours, and shipping address modification. If you have a modification you would like to make before 1 hour have passed, please contact our friendly customer service team.

Please contact us via our live chat portal that can be located on our website in the bottom right corner.
 

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Elitesupps.com.au without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Elitesupps.com.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Elitesupps.com.au.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Elitesupps.com.au products) shall be in the state or federal courts located in Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Elitesupps.com.au products) must be commenced within one (1) year after the claim or cause of action arises. Elitesupps.com.au failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Elitesupps.com.au may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Elitesupps.com.au or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

Elitesupps.com.au does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Elitesupps.com.au is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Elitesupps.com.au reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Elitesupps.com.au in its sole discretion.

 

Shipping and Returns

Delivery Cost and Time Frame

Domestic Shipping: for orders under $150, standard shipping is $8.90 and express shipping is $14.90. For orders over $150, we provide free standard shipping within Australia.

New Zealand: standard shipping is a flat rate of $14.95 and express shipping is $24.99.

International: standard shipping is a flat rate of $49.95 and express shipping with DHL is $79.95.

Elitesupps.com.au reserves the right to change this at any time.

The same-day dispatch times are an estimate and may vary. Elite Supplements is not liable for failure to meet same-day dispatch times.

 

Australian Domestic Shipping

Standard Shipping: 3-15 business days after dispatch.

Express Shipping: 2-7 business days after dispatch.

Any orders dispatched from our warehouse will not be refunded due to slow delivery times. Due to environmental factor delays and peak periods, there are delays with Australia Post that are beyond our control. Please note that express shipping is not available if you have RTDs in your order.

 

International Shipping

Australia Post does experience unforeseen delays from time to time, please visit the Australia Post website for the most up to date transit times to each country.

 

Customs Duty on International Shipping

Customs fees may apply to a shipment depending on its destination, value, and the carrier that transports the goods. The customer is responsible for paying any import costs to the shipping carrier, such as duties, import taxes, or brokerage/disbursement fees upon delivery.

 

Elitesupps.com.au reserves the right to change this at any time.

 

Returns

We offer a 30 day money back guarantee for all products purchased directly from us online. If for any reason you are not satisfied with your purchase, you may return the unopened product back to us within 30 days from the date of shipment. If the product has been opened, damaged, or used in any way, we reserve the right to deny your return request. 

 

Five scoop guarantee

Elite Supplements offers a five-scoop guarantee on powdered products from specific brands. The guarantee allows you to swap flavours if you tried five scoops or less of an eligible product and are not satisfied with your original choice.

To action the five scoop guarantee you must pay for return shipping and contact our friendly customer success team within 30 days of receiving the original product to select a replacement flavour.

Eligible products include full-sized powdered supplements from the following brands:

  • Emrald Labs
  • Lunar Performance
  • ANS
  • Biotech USA
  • Podium
  • Scitec

 

How to request a return:

To request a return, please contact our customer service team at enquiries@elitesupps.com.au and provide your order number and reason for the return within 30 days from the date your order was shipped out to you. We will provide instructions on how to return the product back to us. Please note that shipping fees are non-refundable and you are responsible for the cost of return shipment. 

 

Still have questions?

Please call our Customer Service team on 1800 577 310 Mon - Fri 9.00am-4.30pm AEST or refer to our terms and conditions page for more information.


 

What if I provided an incorrect address?

Prior to completing your purchase, please double check your contact details and delivery address. Orders will be shipped to the delivery address provided during checkout. Please contact our customer service team as soon as possible via Live Chat or phone call if you have entered the wrong address. After your order has been fulfilled, it becomes your responsibility to communicate the mistake with the courier service.

In the event of a parcel being delivered to an incorrect address provided during checkout, Elite Supplements is not liable for any loss of product. If your purchase is returned to us because of an incorrect address provided, you may be required to pay for additional shipping fees.

 

Pre Purchase

Pre purchase, or pre-order are when you can lock in and reserve your specific items for products that may not be available to dispatch immediately.

Pre purchase items include notes in the description advising on the estimated arrival times for the specific product in reference. Pre purchase items that are bought in orders with more than 1 product may be split to reduce delays where possible.

Whilst we do our best to advise of the estimated dispatch date, please note that there are circumstances that can delay the dispatch timing of these. We will endeavor to communicate these to you, so your expectations are always aligned however please note that dates can be delayed at times.

By purchasing a pre-order product, you acknowledge and agree that the item is not yet available for immediate shipment and will be fulfilled at a later date. You further understand that payment for the pre-order item is charged in full at the time of purchase. If you decide to cancel your pre-order, you must do so within 24 hours of placing your order. After 24 hours, all pre-orders are final and non-refundable. By completing your purchase, you agree to these terms and conditions and waive your right to a refund beyond the 24-hour window. After the 24 hours, if you do not wish to wait for your item to be dispatched, we can credit you by providing a gift voucher to your email address or dispatch another item or flavour of the same value.



Split Shipments

Elite Supplements may split your order where we deem it necessary. In some cases orders may be dispatched once the entire order can be fulfilled in full.

 

Indemnification

You agree to indemnify, defend, and hold harmless Elitesupps.com.au, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Elitesupps.com.au may link to sites operated by third parties. However, even if the third party is affiliated with Elitesupps.com.au, Elitesupps.com.au has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Elitesupps.com.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Elitesupps.com.au seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Promotions and Pricing

Not all promotions that are depicted online are sold in stores and are for participating stores only. Our Elite Supplements stores can be more expensive than our website which is a common retail practice in Australia acknowledged by the ACCC. Our stores may also choose to align with our website pricing, as long as it is not a special, promotion or discontinued/clearance item that is online exclusive. If you would like further information in regards to this, please contact our customer service team at enquiries@elitesupps.com.au or your local store for clarification of their participation in particular deals.
Our Elite Supplements shopfronts consist of a mix of corporate-owned and franchised stores. As a result, not all stores may accept the same deals, specials, or vouchers. We recommend checking with your local store for their specific in-store terms and conditions.

 

Free Shipping Special Sales

Elite Supplements may run limited-time free shipping events (Free Shipping Sales). During Free Shipping Sales, a free shipping discount code will be sent to eligible participants along with a time frame during which the code is active. The time displayed will be in the Sydney/Melbourne time zone.

Unless otherwise stated, the free shipping discount code sent for Free Shipping Sales only applies to standard shipping and may not be used for express shipping or shipping for ready-to-drink beverages (RTD's).

 

Free Multivitamin Gummy

As a thank you for signing up for marketing emails, customers may receive a coupon code for a free Emrald Labs Multivitamin Gummy bottle. In order to redeem this offer, customers must add the Multivitamin Gummy bottle to their cart and apply the code at checkout. This code may only be applied on orders valued $80 or more, excluding the value of the Multivitamin Gummy, special offers, shipping costs, and order protection.

The Free Multivitamin Gummy coupon may only be used once per customer and may not be combined with other offers.

PS5 Giveaway - Super Nexus Bundle

Entries close: 31 March 2024


Entry: To go into the draw to win a free Playstation 5 console, customers must have purchased the Super Nexus Bundle in-store or online.

Winner was drawn and notified on 10 April 2024.

 

Free Gifts

All free gifts, promotional accessories and/or related items are applicable while stocks last. A free gift on every order applies, if you reach the minimum threshold of $100. Please note that, this maybe subject to stock available at time of purchase.

Discount Codes

All items online are applicable for a discount code excluding already discounted items.This may include items such as:

  • Special bundles/packs or deals
  • Items on clearance or with reduced pricing 
  • Boxes of bars and drinks

Online discount codes are not applicable for use instore. Additionally, discount codes cannot be used in conjunction with another discount code.

Extra 10% Discount On Oxyshred & Gold Standard

This is a promotion that applies to specific landing page where this offer is clearly displayed. Products excluded from this combination are products in the 50-80 OFF collection, Insurance, Exclusive side cart deals. Make sure you have two products or more in your cart (one of them has to be either Oxyshred or Gold Standard 100% Whey. Ensure your total cart value is a minimum spend of $150.00. Valid until 2023-12-21 23:59.

 

Returns & 30 Day Money Back Guarantee*

We offer a 30 day money back guarantee for all products purchased directly from us online. If for any reason you are not satisfied with your purchase, you may request a full refund within 30 days of the shipping date. To receive a full refund, the product must be unopened and in its original packaging. If the product has been opened, damaged, or used in any way, we reserve the right to deny your refund request.

To request a refund, please contact our customer service team at enquiries@elitesupps.com.au and provide your order number and reason for the return within 30 days from the date your order was shipped out to you. We will provide instructions on how to return the product and issue your refund once we receive the returned item. Please note that shipping fees are non-refundable and you are responsible for the cost of return shipping. Refunds will be processed using the original payment method used for the purchase.

By purchasing our products, you agree to these terms and conditions regarding our 30 day money back guarantee.

If the product has been opened, used, or consumed, we reserve the right to deny your refund request. By opening or using the product, you acknowledge and agree that you have accepted it and waived your right to a refund. In instances such as (but not limited to) the following, Elite Supps Australia are under no legal obligation to refund customers:

  • If the product has been opened or used
  • Not liking the flavour or taste of the product
  • Preferring a different consistency
  • Realising a wrong flavour has been purchased
  • Purchasing clearance, special, sale products that have advertised they are of lower quality or short dated.

By purchasing our products, you agree to these terms and conditions regarding our refund policy. If you have any questions or concerns regarding our policy, please contact our customer service team at enquiries@elitesupps.com.au.

If a product is found to be faulty, we will provide a replacement or refund in accordance with your legal rights. If you believe that the product is faulty or not as described, please contact our customer service team at enquiries@elitesupps.com.au within 14 days of receiving the item.

In order to qualify for a replacement or refund, you may be required to provide proof of purchase and evidence of the fault or damage. We reserve the right to inspect the product to determine the nature and cause of the fault.

If the fault or damage is due to a manufacturing defect or error on our part, we will provide a replacement or refund free of charge. If the fault or damage is due to other means, we reserve the right to deny your replacement or refund request.

If you are entitled to a refund, we will process it using the original payment method used for the purchase. If you are entitled to a replacement, we will provide a replacement of the product in question.

Our 5 scoop guarantee is only valid for flavour swaps and on selected exclusive brands. If you are not satisfied with the flavour of a product purchased from us, you may request a flavour swap within 14 days of receiving the item.

The 5 scoop guarantee applies only to selected exclusive brands and products that are specifically labeled with the guarantee. If the product is not labeled with the guarantee, it is not eligible for the 5 scoop guarantee.

*Applicable for online orders only. Please contact your local store for their return policy.

 

Gift Card Terms & Conditions

These Terms of Use apply to all Gift Cards issued by Barva Pty Ltd (T/A Elite Supplements) A.B.N. 34 604 487 550. The Gift Card Terms of Use set out all the conditions applicable to the use of our gift cards. You will need to familiarise yourself with the Terms of Use before you place an order. We also strongly recommend that you draw them to the attention of recipients wherever possible so that they can be fully informed before they go shopping. You are responsible for the use and safety of your gift cards - you should treat them like cash. We assume no Liability for the loss, theft or illegibility of gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment. We may block gift cards if notified by law enforcement that a gift cards have been fraudulently obtained.



Purchases with your Gift Card:

It should be noted there are various gift cards available for purchase at Elite Supplements, of which can be used online only, instore only or online and instore.


INSTORE GIFT CARDS: You may purchase goods from Elite Supplements on the Gift Card by selecting the goods and taking them to the point of sale operator at any Elite Supplements store throughout Australia. The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases.

ONLINE GIFT CARDS: You may purchase goods from www.elitesupps.com.au using the Gift Card by finding the goods, adding them to your basket and taking them to the final stage of the Checkout process. You will have the option to add your gift card number, and then press the "Apply" button. You will note the Gift Card amount has been subtracted from the Total of the Transaction. The transaction will be completed when the goods are packed and processed. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases.

You acknowledge that the Gift Card may not be used:

  • to pay a store or credit account;
  • for purchases by email, phone or fax where proof of purchase cannot be established;

Gift Cards that are purchased directly from www.elitesupps.com.au or at any Elite Supplements store, in the same transaction will be pre-loaded and activated at the same time/concurrently.

You agree that we can reduce the remaining Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:

  • swiping or entering your Gift Card number, or allowing an operator or other person to do so, at an electronic point of sale terminal at a Elite Supplements store; or
  • giving Elite Supplements details of the Gift Card and authorising the transaction in some other way approved by Elite Supplements.


When you authorise a transaction:

  • you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
  • you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.


Purchases exceeding the Gift Card value:
Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

No cash advances: You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.

 

Expiry, balance and reissuance enquiries

Validity, expiry and extension of expiry of Gift Cards:

  • Gift Cards purchased will be valid for use for three (3) years (36 months) from the date of issue. Any balance that remains on a Gift Card will not be available for use after the expiry date. Excludes Ultimate Cards and Promotional Gift Cards.
  • We may, at our discretion, extend the expiry date of gift cards for short time periods.
  • To check the expiry date or to request an extension of your Gift Card, call (02) 6239-2137).


Re-issue of faulty or damaged Gift Cards:

Faulty or damaged Gift Cards shall not ordinarily be replaced by Elite Supplements unless the Gift Cards are faulty or damaged as a result of the production process or otherwise due to the fault of Elite Supplements, its agents or contractors or a participating retailer. However, please contact us to discuss re-issuance in these and other circumstances which may have affected your Gift Card.

 

Destruction of Gift Card with no value:

Once the Remaining Card Value is completely used, please destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.

 

Lost or stolen Gift Cards:

Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.

 

Can I exchange my Gift Card?

You cannot exchange your Gift Card for a different company, denomination or type of Gift Card or for another tender, cash or discount.

 

Consumer Guarantee & Remediation

Elite Supps guarantees that the products advertised are:

  • Of acceptable quality
  • Are accurately described
  • Have clear product descriptions
  • Note: We cannot guarantee the item's ingredient panel as advertised on the website is accurate, where the products are imported by other parties.

If a product is sold that fails to meet one or more of our guarantees, the buyer is entitled to a remedy of any of the following, depending on the circumstances

  • A credit to their account
  • A replacement of the same/different product of equal or lesser value
  • A full refund
  • A compensation such as gift voucher or unique discount code

 

Returns & Exchanges

We want you to be completely satisfied with your purchase from us. In the event that you are not, we have a straightforward returns policy to ensure that the process is as easy as possible for you.

If you have received a product that is faulty or damaged in transit or you have received the incorrect item, we will cover the cost of the return shipping.

If you have purchased the incorrect product or would like to exchange an unopened product, you will be required to cover the cost of the return shipping.

Please contact our customer service team within 30 days from the date of your order being shipped  to commence a return process at enquiries@elitesupps.com.au.

To be eligible for a return, the item must be unopened, unused, in its original packaging and in the same condition that you received it (with an accompanying invoice or valid order number). Please note that certain items, including but not limited to products on special, clearance or sale, are non-returnable unless there is a defect in the product. Terms and conditions apply to this. 

Once we receive the item and confirm that it meets our return policy, we will issue a refund for the purchase price of the item, less any shipping fees. Refunds will be issued in the same form of payment used for the original purchase.

Please note that we do not accept returns for products that have been opened or consumed. Additionally, we are not responsible for any damage that occurs during the return shipping process.

If you receive a defective or damaged item, please contact our customer service team as soon as possible of receiving your order. We will provide you with instructions on how to proceed with this situation with either a replacement, return or gift voucher. 

We reserve the right to refuse any returns that do not comply with our return policy. Elite Supps reserves the right to refuse to action a refund, return or claim where the purchase was made outside of a 12 month period.

 

Freight Protection (Easy Protection)

We take utmost care in packaging and dispatching your order, but we understand that sometimes unforeseen circumstances may occur. For this reason, we offer freight protection called Easy Protection for your peace of mind. If you have purchased Easy Protection which you can opt in and out for at checkout, and your order is lost or damaged during transit, we will either replace the item(s) or issue a gift card at our discretion.

To be eligible for Easy Protection, you must notify us within 24 hours of receiving your order that your item(s) have been damaged during transit. You must provide clear photographic evidence of the damage and any other information that we may reasonably require to assess your claim. Please contact us at enquiries@elitesupps.com.au with this information.

Lost in transit means when orders have been confirmed by the courier company that your parcel was lost in transit.

Please note that Easy Protection does not cover items that are stolen. Easy Protection only covers for items that are deemed lost or damaged in transit, as previously mentioned above.

Easy Protection is optional and is available for an additional fee. If you have not purchased Easy Protection, we are not responsible for any loss or damage that occurs during transit. In this case, you may need to make a claim with the courier company directly.

Please note, any order that does not have Easy Protection applied is not eligible for a refund or any other compensation.

Where a customer requests delivery is 'left in a safe place', Elite Supplements cannot be held responsible for lost items (applies for all deliveries, not just those covered by Easy Protection). 

Please note, refunds or returns are not applicable to products that were purchased on special or on clearance.

What are the limitations?

One claim per shipping address OR customer per year.

Elite Supps reserves the right to cancel or deny freight protection claims at our discretion without further inquiry. This includes cases with suspected negligence by the customer, instances involving fraudulent attempts to attain free products, and cases where we determine the product is still safe for consumption or not damaged.

We prioritise the secure and timely delivery of your orders. Once an order has been successfully delivered and confirmed, our responsibility for the items concludes. Please be aware that we are not liable for items that may have been stolen post-delivery. If you believe your order has been stolen, you will need to contact your local authorities.

By making a purchase with us, you acknowledge and agree that there is a risk of theft once your order has been successfully delivered. We recommend taking appropriate precautions to ensure the safety of your delivered items, such as being present during delivery or providing a secure delivery location like a PO Box.

In the unfortunate event that your order is stolen after delivery confirmation, Elite Supplements is not liable for replacement or compensation.

 

Wholesale Orders

We offer wholesale orders for businesses that meet our requirements. To place a wholesale order, please contact our Wholesale Team directly at wholesale@elitesupps.com.au. Please note the minimum order quantity is $1,000AUD. 

 

Product Selling When Out of Stock

Whilst we do our best, at times, products can be listed as available for sale on our website, but are actually out of stock. By the time they are synced into our processing system, this can cause the product to oversell. We will make every effort to ensure that our inventory system is up-to-date and accurate, but we cannot guarantee that all products will always be available for purchase. In this instance, we will contact you immediately and inform you of the options for the situation and attempt to rectify the matter as quickly as possible. We apologise for any inconvenience this may cause and appreciate your understanding in such situations.

 

Instagram #yeselitesupps

Elite Supplements like to see products in real life on social media and we may request to share pictures posted by you on Instagram in our channels. Such channels are mainly Elite Supplements website (elitesupps.com.au) but could also include Elite Supplements other channels, for example Elite Supplements newsletter, Elite Supplements Magazine etc.

By responding #yeselitesupps on a picture after Elite Supplements request on Instagram, hereafter referred to as "picture(s)", you agree to the following:

You provide Barva Pty Ltd T/A Elite Supplements, an Australian company under ABN: 34 604 487 550 (hereinafter "Elite Supplements"), a non-exclusive, royalty-free, worldwide license to use, in any manner to be determined in Elite Supplements' sole discretion and without any obligations to you, to use your pictures in their marketing and / or advertising, including inter alia the right to reproduce, distribute, alter and edit your photos. You also agree to waive your right to be named in connection with your picture when displayed in our newsletter. Furthermore, you give Elite Supplements your consent to use photos where you can be identified for marketing and / or advertising purposes.

You represent and warrant that you own or control the rights to the material you have submitted and that you have permission from any person(s) appearing in the photos. Moreover, you certify that you are an individual (i.e., not a corporation), you are at least 18 years old or have parental consent, and that Elite Supplements' use of your pictures will not violate any rights of a third party or any law.

Hereby, you release Elite Supplements from all obligations to pay you for the use of your pictures and freeing and agreeing to keep Elite Supplements and all persons acting for Elite Supplements from all claims (including claims from third party), liabilities, irrespective of nature, in connection with the use of the pictures as described above.

Australian law governs these terms and conditions, where competent courts in Canberra shall have exclusive jurisdiction of any dispute arising out of them.

You may always reach out to us with questions about our services or regarding data protection; enquiries@elitesupps.com.au

If you want to withdraw consent to share your pictures with Elite Supplements, you have to contact us by clicking on the "i"-icon in the lower left corner in your shared image published on our website. The icon will link you to a form where you can submit your request to withdraw your consent.

App Payments and Billing

Recurring Billing

When you buy the App, you will be charged an initial fee, followed by recurring charges periodically as agreed to by you. The first billing cycle may have a discounted price, but subsequent charges will be at the standard subscription rate. By opting for a recurring payment plan, you are acknowledging that the services come with an automatic renewal feature, and you will be responsible for paying all recurring fees until you cancel the subscription.

 

App Subscriptions

We provide several subscription options on our site, including monthly, quarterly, yearly, and lifetime subscriptions. Please note that for monthly, quarterly, and yearly subscriptions, the corresponding time period is 30 calendar days, 90 days, and 365 days respectively.

 

Monthly App Subscription

In the monthly app subscription, your subscription is paid in monthly installments. By maintaining an active subscription, you acknowledge and agree that the company is authorized to use the same payment method that you initially used to charge you for the monthly subscription fee. Regardless of any discount you received on your initial payment, you will be charged the standard monthly subscription fee of $3.99. Renewal fees will continue to be charged to your payment method automatically each month, unless you cancel your subscription at least 24 hours before the next renewal date. Please note that you won't be able to claim any refunds for any partial-month subscription periods.

 

‍Quarterly App Subscription

In the quarterly app subscription, your subscription is paid in quarterly installments. By maintaining an active subscription, you acknowledge and agree that the company is authorized to use the same payment method that you initially used to charge you for the quarterly subscription fee. Regardless of any discount you received on your initial payment, you will be charged the standard quarterly subscription fee of $10.49. Renewal fees will continue to be charged to your payment method automatically every three months (quarterly), unless you cancel your subscription at least 24 hours before the next renewal date. Please note that you will not be able to claim any refunds for any partial-quarter subscription periods.

 

Yearly App Subscription

 

In the yearly app subscription, your subscription is paid in yearly installments. By maintaining an active subscription, you acknowledge and agree that the company is authorized to use the same payment method that you initially used to charge you for the yearly subscription fee. Regardless of any discount you received on your initial payment, you will be charged the standard yearly subscription fee of $39.90. Renewal fees will continue to be charged to your payment method automatically every year, unless you cancel your subscription at least 24 hours before the next renewal date. Please note that you will not be able to claim any refunds for any partial-year subscription periods.

 

Trial Period

We currently offer a free 3-day trial period for the app. After the 3-day trial period ends, you will be charged the agreed-upon amount. Additionally, you may also find a free trial period through iTunes or Google Play. However, please note that if you sign up through the Apple App Store or Google Play Store, your account information will be held in their systems, which may limit the customer support our team can provide. To ensure that our customer care team can assist with your account, and for access to exclusive discounts and sales not available through iTunes and Google, we recommend signing up directly through the app or our website (elitesupps.com.au).

 

Please note that the company reserves the right to update or release a new version of the App without prior notice to you. In the event of an app update or a version change, you agree that such updates or version changes will constitute the App as defined, and your use of the App will include these updates or, in the event of a version change, the new version of the App that you will have access to.

 

Current Information Required

You are required to provide current and complete information for your account, including promptly updating any changes to your billing address, credit card number, or expiration date. If your payment method is canceled or if there is a potential breach of security, you must promptly notify the company or payment processor. Any changes to your account information must be made on the website, app, or app store where you initially purchased your subscription. Failure to provide accurate and updated information may result in continued charging for paid services unless you have terminated your subscription as outlined in the agreement.

 

Reaffirmation of Authorization

If you continue to use the App or do not terminate your account, you authorize the company to charge your Payment Method for any applicable charges. The charges may be submitted for payment and you will be responsible for paying them. This paragraph also clarifies that the company still reserves the right to seek payment directly from you, and that the charges may be payable in advance, in arrears, per usage, or as otherwise described at the time you initially selected to use the App.

 

‍Prices for the App

All prices shown are for Australia and shown in AUD.

 

Apple and Google Device and App Terms

If you are accessing the App via a site provided by Apple Inc. or Google Inc. (collectively "App Stores"), please note the following: You and the Company agree that these Terms are solely between you and the Company, and not with the App Stores, and that the App Stores are not liable for the App or the Content.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the App solely for your private, personal, and non-commercial use in connection with the Services, subject to all applicable Terms.

You agree to use the App only on a device that you own or control. You acknowledge and agree that the App Stores have no obligation to provide any maintenance or support services for the App. If the App fails to conform to any applicable warranty, including those implied by law, you may notify the App Store of such failure.

The sole warranty obligation of the App Store to you will be to refund the purchase price of the App, if any.

You agree that the Company, and not the App Stores, is responsible for addressing any claims that you or any third party may have related to the App. If any third party claims that your possession or use of the App infringes their intellectual property rights, you acknowledge and agree that the Company, not the App Stores, is responsible for investigating, defending, settling, and discharging any such claims of infringement.

By using the App, you confirm and guarantee that you are not situated in a country under a U.S. Government embargo or classified by the U.S. Government as a "terrorist supporting" nation, and that you are not named on any list of prohibited or restricted parties by the U.S. Government.

In using the App, you and the Company agree to comply with any third-party terms of agreement that may affect or be affected by such use. Both you and the Company acknowledge and agree that the App Stores and their subsidiaries are third-party beneficiaries of these Terms, and that by accepting these Terms, you grant the App Stores the right to enforce these Terms against you as a third-party beneficiary.

 

Update, Change or Cancel Your Account and App Subscription

‍Apple App Store Customers

 If you registered and paid inside your iTunes account all charges, payments, and subscriptions of the App are managed directly by Apple. On your iPhone go to your phone’s SETTINGS and follow the steps below:

  1. Select ‘iTunes & App Store’
  2. Select ‘Apple ID’
  3. Select ‘View Apple ID’ in the popup
  4. Select ‘Subscriptions’
  5. Select ‘Transform’
  6. Select ‘Cancel Subscription’

Your App Subscription will automatically renew at the end of each subscription period, unless you cancel it at least 24 hours before the current period expires. You will be charged for the next subscription period up to 24 hours prior to the current subscription's expiration date. We suggest checking the details of your specific subscription plan to ensure you understand the terms and conditions that apply.

 

Google Play Customers

If you registered and paid inside your Google Play store all charges, payments, and subscriptions of the App are managed directly by Google.

  1. Open the Google Play Store
  2. Tap Menu > My Apps > Subscriptions
  3. Find the subscription you want to cancel and click on it.
  4. Tap Cancel

Your App Subscription will automatically renew at the end of each subscription period, unless you cancel it at least 24 hours before the current period expires. You will be charged for the next subscription period up to 24 hours prior to the current subscription's expiration date. We suggest checking the details of your specific subscription plan to ensure you understand the terms and conditions that apply.

 

‍Billing

We utilize the services of a third-party payment processor (the “Payment Processor”) to facilitate billing you through a payment account (your “Account”) for your use of the Services. The processing of payments will be subject to the Payment Processor’s terms, conditions, and privacy policies in addition to this Agreement. We shall not be held responsible for any errors or discrepancies in charges made by the Payment Processor. By choosing to use our Services, you agree to make payment through the Payment Processor and to be bound by their payment terms. You authorize us, through the Payment Processor, to charge your designated payment provider (your “Payment Method”) and agree to utilize the selected Payment Method to make payment. We reserve the right to rectify any errors or oversights made, even if we have already requested or received payment.

 

‍Payment Method

The terms and conditions of your payment will depend on your chosen Payment Method and may be subject to agreements between you and your financial institution, credit card issuer, or other providers of your Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all outstanding amounts due on your Billing Account upon our request.

 

Rewards Program

As a user of the Elite Supplements App (the “App”), you may have access to the Elite Supplements Rewards Program (the “Rewards Program”). The Rewards Program allows users to earn a cash back reward ("Rewards Credits") equivalent to 5% of the total order value excluding any amount spent on shipping costs and order protection services like Easy Protection. The Rewards Credits earned on each purchase are calculated based on the total amount spent after any discounts or Rewards Credits balance are applied.

The Rewards Credits earned through the Rewards Program are exclusively designated for the user and may only be used on the Elite Supplements website or participating Elite Supplements retail locations. The Rewards Credits cannot be sold, transferred, assigned, shared, or used by you or anyone else for any other commercial purpose.

Once you have selected your Rewards Credits redemption method (in-store or online), your choice can not be reverted — you must redeem your Rewards Credits using the method selected.

Unless mandated by law, we retain the right, at our sole discretion, to modify, alter, or discontinue the Rewards Program (including the value of any rewards) and/or any part of the Rewards Program Guidelines related to the Rewards Program, without providing any compensation to the user.

We also reserve the right to invalidate the Rewards Program balance of any member who has been inactive for 365 consecutive days. “Inactive” is defined as not earning any Rewards Credits from financial transactions with Elite Supplements.






Tesla Give Away
TERMS & CONDITIONS


Schedule to Terms & Conditions of entry

Promotion name

Elite Supplements - Tesla Giveaway

Eligible States/Territories

National

Promotion period

Start: 24 Jul 2023 9:00 AM

End: 30 Sep 2023 5:00 PM

No entries will be accepted outside this time.

Website address

https://elitesupps.com.au

Promoter

Barva Pty Ltd

ABN: 34 604 487 550

42 Wollongong Street

Fyshwick ACT 2609

Eligible entrants

Entry to the Promotion is open to Australian residents 18 years of age and older in all eligible states/territories who fulfil the method of entry requirements.

Details of prizes

- Tesla Model 3 with an Elite Supplements designed vinyl wrap that has already been created and applied to the vehicle.

Total number of prizes

1

Total prize value

Total prize pool (inc GST): $73,800.00

Method of entry

To enter, an entrant must, during the promotional period:

An entry will be acquired by downloading our new Elite App from the iOS or Android Play store and registering a free account within the app.

- 2 additional entries can be claimed by subscribing for a monthly premium plan
- 5 additional entries can be claimed by subscribing for a quarterly premium plan
- 10 additional entries can be claimed by subscribing for a yearly premium plan

While the initial entry is free, additional entries can be acquired for subscribing to either a monthly, quarterly or yearly plan of the app. This is a cost of $3.99, $10.99 or $39.99 respectively.

An app subscription provides consumers with:

- Access to nutrition advice, meal planning and calorie tracking. This includes the ability to create personalised meals and meal plans from more than 35 million menu items, 1.7 million recipes, 600,000 grocery items, 1,000 food groups.

- It provides access to 8 custom training plans based on an individual's weight loss, weight gain or muscle gain preferences.

- The ability to create and track custom workouts

- Step tracking, distance tracking and activity tracking

 

Consumers also have access to a 5% cashback on all online and in-store purchases across over 58 Elite Supplements locations in Australia.

Maximum number of entries

1 per person for downloading the free app and creating a free account.

Extra entries provided for anyone who chooses to subscribe to a premium version of the app.

The entrant can only win one prize in this promotion (except for SA residents).

Prize draw

A random prize draw, in the presence of an independent scrutineer, will occur 10:00 AM on 16 Oct 2023

Location of draw:
Trade Promotions and Lotteries Pty Ltd
Level 2
11 York Street
Sydney NSW 2000

Notification of winners

Winners will be notified via Email no later than 18 Oct 2023.

Public announcement of winners

The winners of all prizes will be published here:

https://elitesupps.com.au on 23 Oct 2023

Winner: Antzela P., VIC

Unclaimed prize draw

A random unclaimed prize draw, in the presence of an independent scrutineer, will occur 10:00 AM on 16 Jan 2024

Location of draw:
Trade Promotions and Lotteries Pty Ltd
Level 2
11 York Street
Sydney NSW 2000

Notification of unclaimed prize winners

Unclaimed prize winners will be notified via Email no later than 18 Jan 2024.

Public announcement of winners from unclaimed prize draw

The winners of all unclaimed prizes will be published here:

https://elitesupps.com.au on 23 Jan 2024

 Permit reference

Authorised under

NSW Authority No. TP/02817
ACT Permit No. TP 23/01416
SA Permit No. T23/1085

 

 

Terms & Conditions of entry

  1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in this Promotion is deemed acceptance of these Terms of entry.
  2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers  and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  3. The Promotion will be conducted during the Promotion period.
  4. The time zone applicable to any time stated, relates to the state or territory where the Promoter is located, unless expressly stated to the contrary.
  5. The Prize/s are specified in the Details of prizes section of the Schedule.
  6. The total prize pool is specified in the Total prize value section of the Schedule.
  7. Any prize is valued in Australian dollars unless expressly stated to the contrary.

 

  1. Unless otherwise stated, the winner is responsible for all expenses in getting to and from the nominated dealership to collect the Motor vehicle prize. Any costs associated with the transport of the Motor vehicle to an alternate pick up location will be the responsibility of the winner.
  2. Please allow up to 5 months from date of the winner notification for delivery of the Motor vehicle prize.
  3. Unless otherwise stated, the Motor vehicle prize does not include petrol, comprehensive insurance, compulsory third party insurance, any mechanical, body or other repairs made from the date of redemption, optional extras and any ancillary costs associated with redeeming the Motor vehicle prize.
  4. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
  5. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
  6. The time of entry will be deemed to be the time the entry is received by the Promoter.
  7. Entrants may submit up to the Maximum number of entries (if applicable).
  8. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  9. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. If a draw is scheduled on a public holiday, the promoter may choose to instead hold the draw on the first business day after the relevant public holiday. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded. 
  10. The winner does not need to be present at the draw unless expressly stated to the contrary.
  11. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
  12. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
  13. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  14. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  15. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority.  The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
  16. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  17. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
  18. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  19. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
  20. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  22. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  23. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
  24. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  25. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
  26. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  27. Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.

 

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