This Agreement outlines the terms and conditions for your use of the megasupplements.co.nz website ("Website" or "Service") and any associated products and services (collectively referred to as "Services"). By accessing and utilizing the Website and Services, you confirm that you have read, comprehended, and agree to be bound by the terms stated in this Agreement. If you are entering into this Agreement on behalf of a business or legal entity, you warrant that you have the authority to legally bind that entity to this Agreement. In such cases, the terms "User," "you," or "your" pertain to the said entity. If you lack the authority or disagree with the terms of this Agreement, you must decline acceptance and refrain from accessing or using the Website and Services. It is important to acknowledge that this Agreement is a legally binding contract between you and Mega Supplements Ltd ("Mega Supplements Ltd," "we," "us," or "our"), even though it is in electronic form and not physically signed by you. This Agreement governs your usage of the Website and Services.

To access and use the Website and Services, you must confirm that you are at least 13 years old. By agreeing to this Agreement and utilizing the Website and Services, you warrant and assure us that you meet the minimum age requirement. When you create an account on the Website, it is your responsibility to maintain its security. You are fully accountable for all activities that occur under your account and any associated actions taken. While we have the option to monitor and review new accounts prior to enabling access to the Services, we are not obligated to do so. Providing false contact information of any kind may lead to the termination of your account. If you become aware of any unauthorized use of your account or any security breaches, you must promptly notify us. We shall not be held responsible for any actions or negligence on your part, including any resulting damages. In the event of a violation of this Agreement or if your conduct or content is likely to harm our reputation and goodwill, we reserve the right to suspend, disable, or delete your account (or any part of it). If we delete your account for these reasons, you are prohibited from re-registering for our Services. Additionally, we may block your email address and Internet protocol (IP) address to prevent further registrations.

While the Website and Services may provide links to other resources such as websites or mobile applications, we want to clarify that we do not imply any approval, association, sponsorship, endorsement, or affiliation with these linked resources, unless explicitly stated. We are not responsible for examining, evaluating, or warranting the offerings of any businesses, individuals, or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, or content of any third parties. It is important that you carefully review the legal statements and terms of use of any resource you access through a link on the Website and Services. Your decision to access and link to any off-site resources is done at your own risk.

The term "Intellectual Property Rights" refers to all current and future rights granted by statute, common law, or equity pertaining to copyright and related rights, trademarks, designs, patents, inventions, goodwill, the right to take legal action against passing off, rights to inventions, rights to use, and all other intellectual property rights. These rights encompass both registered and unregistered forms, including applications, priority claims, and similar or equivalent rights or forms of protection. They also include any other outcomes of intellectual activity that exist or will exist now or in the future worldwide. This Agreement does not transfer any intellectual property owned by Mega Supplements Ltd or third parties to you. Therefore, all rights, titles, and interests in such intellectual property will solely remain with Mega Supplements Ltd (as between the parties). The trademarks, service marks, graphics, and logos utilized in connection with the Website and Services are the trademarks or registered trademarks of Mega Supplements Ltd or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may belong to other third parties. Your use of the Website and Services does not grant you any right or license to reproduce or use any of Mega Supplements Ltd's trademarks or those of third parties.

You acknowledge and agree that the Service is provided on an "as is" and "as available" basis, and your use of the Website and Services is solely at your own risk. We explicitly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. We also do not guarantee the accuracy or reliability of any information obtained through the Service, or that any defects in the Service will be corrected. Any material or data downloaded or obtained through the use of the Service is done at your own discretion and risk, and you are solely responsible for any resulting damage or loss of data. Unless stated otherwise, we do not warrant any goods or services purchased or obtained through the Service, or any transactions entered into through the Service. Any advice or information, whether oral or written, obtained by you from us or through the Service shall not create any warranty unless expressly stated in this Agreement.

To the maximum extent permitted by applicable law, Mega Supplements Ltd, its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages. This includes damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity, regardless of the cause of action, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise. Even if the liable party has been advised of the possibility of such damages or could have foreseen them. In no event shall the total liability of Mega Supplements Ltd and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services exceed the greater of one dollar or the total amount actually paid in cash by you to Mega Supplements Ltd in the one-month period prior to the first event or occurrence giving rise to such liability. These limitations and exclusions also apply if this remedy fails to fully compensate you for any losses or does not fulfill its essential purpose.

You agree to indemnify and hold Mega Supplements Ltd, its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against them. This indemnification extends to matters related to your Content, your use of the Website and Services, or any willful misconduct on your part.

This Agreement, its formation, interpretation, and performance, as well as any disputes arising from it, shall be governed by the substantive and procedural laws of Georgia, United States. The application of conflict of laws principles or rules is excluded, and to the extent relevant, the laws of the United States shall also apply. Any actions related to the subject matter of this Agreement shall be exclusively brought before the courts located in Georgia, United States. By accepting this Agreement, you consent to the personal jurisdiction of such courts. Furthermore, you waive any right to a jury trial in any proceeding relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

We retain the right to amend this Agreement or its terms regarding the Website and Services at any time. The updated version of this Agreement will become effective once it is posted on the Website. We will indicate the revised date at the bottom of this page. By continuing to use the Website and Services after any modifications, you indicate your consent to the updated terms.

By accessing and using the Website and Services, you confirm that you have read this Agreement and consent to all its terms and conditions. Your use of the Website and Services signifies your agreement to be bound by this Agreement. If you do not agree to comply with the terms of this Agreement, you are not authorized to access or use the Website and Services.

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to sales@megasupplements.co.nz. This document was last updated on 19-07-23.