Terms & Conditions
Welcome to the NewStars Elite website. The products and services NewStars Elite offers are subject to the following Terms and Conditions, we recommend that you read and acknowledge all of these terms and conditions. We reserve the right to change these Terms and Conditions at any point in time without prior notice given.
1. Agreement
1.1 In these Terms & Conditions, ‘NSE’, ‘We’, ‘Our’ or ‘Us’ Means NewStars Elite and ‘You’ or ‘Your’ means the person/s over 18 years of age who accepts the Terms and Conditions.
1.2 By accessing, contacting, purchasing through, registering or otherwise using the NSE website and/or NSE’s products and/or services, you are signifying your agreement to all the policies, procedures, rules, regulations, terms and conditions of this website, and thereby constituting a contract between the customer (you) and NSE.
1.3 By accepting the Terms & Conditions, you acknowledge that you are over the age of 18 years.
2. Site Use
2.1 NSE grants you a limited non-transferable, non-revocable license to access and use this site by displaying it on your browser temporarily. This is given on the basis that you will not (unless expressly permitted by us in writing):
- Download or modify the content
- Falsely represent any of the products or services we offer on this site. This includes attaching a product description, image of NSE product or content relating to NSE products but selling an inferior products that is not manufactured or distributed by NSE
- Use meta tags or other hidden text that have an association with the NSE name and trademark
- Make any commercial use of the information provided
2.2 You may not distribute, sell, reproduce, lease, create derivative works from, modify, reverse-engineer, disassemble, transmit, display or otherwise exploit this site or any content within it (unless expressly permitted by us in writing). You may not distribute, upload to or otherwise publish through this site any information, content or other materials that:
- Breaches or infringes the patents, trademarks, copyrights, trade secrets or other proprietary rights of any person or entity
- Contains harmful codes or properties such as viruses, trap doors, worms, trojan horses or bugs
- Is defamatory, obscene, indecent, offensive, threatening, damaging or could potentially lead to legal action
2.3 NSE reserves the right to cancel accounts, refuse service, cancel orders or take legal action at our discretion if we deem that a customer’s conduct violates applicable law, is harmful to the interests of NSE or breaches the above terms.
2.4 If you are enjoying some of the NSE activities with a minor under the age of 18, you must take full responsibility for those under the age of 18
3. Products
3.1 Features and specifications on a product are subject to change without notice.
3.2 All weight and dimensions of products described in the website are approximate.
4. Pricing
4.1 Prices on the website are subject to change without notice.
4.2 In the event a product on our website is priced incorrectly, we will contact you before shipping to request whether you want to buy the product at the correct price or cancel the order. If the order needs to be cancelled and you have already been charged, a refund will be issued immediately for the payment amount once the matter has been addressed.
4.3 All prices listed on the website are inclusive of 10% Goods & Services Tax.
5. Orders
5.1 By placing an order with NSE on our website, you agree to enter into a purchase contract to purchase the product from NSE.
5.2 Orders will be deemed to be received by NSE when you receive an order confirmation email.
5.3 It is your responsibility to ensure the correct information is supplied when completing your order.
5.4 NSE will not be liable for any internet interruptions or technical issues which may cause disruptions or delays in your order.
5.5 NSE reserves the right to decline to enter into a purchase contract with you and may cancel your order at any time prior to
dispatch of the order.
5.6 NSE is not liable for incorrect delivery information. If you have supplied incorrect delivery information, re-delivery fees will apply.
6. Delivery
6.1 NSE does not accept any liability for loss or damage suffered as a result of delays outside of our control, including but not limited to shipping delays, weather, traffic, accidents, busy periods and other unforeseeable circumstances.
6.2 Shipping charges will apply to people living outside Australia and will be given the option to continue with the sale before purchase.
6.3 We make all efforts to ensure that the goods are shipped in sufficient packaging as to not get damaged in transit. Once delivered, you must inspect the goods and ensure the delivery matches your order. You must let us know about any damaged, missing or incorrect goods within 48 hours. Claims outside this period will be deemed as “damaged in storage” or “other loss”.
6.4 Once the order has been dispatched from our warehouse, shipping charges are non-refundable as the service has been incurred.
7. Gift Vouchers
7.1 Gift vouchers can be used as payment on the website.
7.2 Gift cards will be emailed to you. We accept no liability for errors in the email address of the voucher recipient.
7.3 NSE are no liable for any loss, theft or illegibility of gift vouchers.
7.4 Gift vouchers cannot be redeemed for cash.
7.5 Gift vouchers expire 1 year from the time of purchase.
7.6 Gift vouchers cannot be refunded.
8. Promotions
8.1 Promotional codes cannot be applied to previously placed orders.
8.2 Promotional codes that offer a percent off cannot be used in combination with any other promo codes or percentage-off sales.
8.3 Promotional codes are not transferable or redeemable for cash or credit.
8.4 Promotional codes cannot be applied to existing orders and does not rollover on back-orders.
8.5 Certain products may be excluded from promo codes.
8.6 To apply a promotional code, you must enter it at checkout prior to completing the order.
9. Liability
9.1 By accepting these terms and conditions you are indicating that you agree to ensure all information, products and services available on this website meet your requirements.
9.2 NSE will not be liable (to the fullest extent of the law) for any damages of any kind arising from the use of this site. This includes (but is not limited to) direct, indirect, incidental, punitive and consequential damages, mistakes, inaccuracies or errors on this site are also not something NSE will be held liable for to the fullest extent of the law.
9.3 NSE cannot warrant the accuracy of any submissions or opinions and therefore cannot be liable or responsible for the contents of such. If there is information that you have come across that you believe to be inappropriate please notify us via our email address given below. This content will be reviewed by NSE staff and if deemed inappropriate, will be removed within a reasonable time frame. All submissions or opinions expressed on www.newstarselite.com or within our emails are the views of the individual and may not reflect that of our own.
9.4 When participating in physical training or using NSE equipment, you risk the possibility of serious injury, disability or in some cases death. By engaging in physical training you are agreeing that you do so at your own risk, of your own will, assuming all risk of injury to you yourself.
9.5 You agree that NSE and its associates are not liable for and take no responsibility in the event of any injury or harm that occurs to any person/persons using NSE products and/or services. Use NSE services/equipment only under the supervision of a skilled instructor/trainer who responsibly monitors techniques, intensity of training and assures that their clients are properly trained and physically conditioned.
9.6 Minors using these products should have constant, qualified, adult supervision.
9.7 Consult your physician before beginning any exercise program and know your limitations.
9.8 NSE is not responsible for improper or illegal use of their services.
10. Privacy
10.1 We have put in place safety measures to collect personal information and securely keep it in our system. We do this by providing a password protected registration which you can edit at any point in time once registered.
10.2 All information we receive is kept in our database that is secured against unauthorised access or use.
10.3 We don’t trade, transfer or sell any personal information to any other entities not associated with NSE.
11. Communication
11.1 The content of any emails sent by NSE including attachments, is a confidential communication between NSE and the intended recipient. If you are not the intended recipient, any use, interference with, disclosure or copying of this e-mail, including attachments, is unauthorised and expressly prohibited. If you have received an email in error please contact the sender immediately and delete the e-mail and any attachments from your system.
11.2 Although we have taken care to ensure the attachment(s) (if any) to our emails are virus free, we cannot and do not warrant it will be free of errors or viruses. We recommend attachments are scanned with the latest anti-virus software prior to opening.
11.3 Any receipts sent by NSE are confidential and contain commercially sensitive information and confidential information of NSE. The intended recipient or its affiliates must not disclose this receipt to any third party or use the information contain therein for any purpose other than as a record of the request and demand for payment for the goods/services set out in this receipt. If you are not the intended recipient of this receipt or an affiliate thereof, you must immediately destroy this receipt.
11.4 Any disclosure or unauthorised use of the information contained in any receipts sent by NSE is expressly prohibited.
BUSINESS DETAILS
NewStars Elite
ABN: 88 690 592 300
PO Box 1250
Devonport, Tasmania 7310
Australia
newstarselite@gmail.com