Important Information About Your Order, Shipping & Returns

Orders & Delivery

You will be notified by email when your order is packed and shipped. A tracking number will be provided. A signature is required upon delivery. Should the signatory not be available, the item will be taken to your local carrier office. Should you not have received your shipment within 7 business days (Australian customers, 21 business days International customers) from receiving shipment notification and wish to know more about your delivery, contact your local carrier office and provide your order tracking information.

DUE TO THE CURRENT PANDEMIC SITUATION, DELIVERIES ARE SLOWER THAN USUAL, ESPECIALLY INTERNATIONAL SHIPMENTS. THE TIME FRAMES ABOVE DO NOT CURRENTLY APPLY. SOME DESTINATION COUNTRIES ARE NOT ACCEPTING ANY IMPORTS. ORDERS FROM SUCH COUNTRIES WILL BE REFUNDED IN FULL. SOME DESTINATIONS ARE ONLY SERVICED BY FEDEX AND THE COST TO SHIP HAS MORE THAN DOUBLED OR ARE PROHIBITIVE AND MINIMUM ORDERS APPLY.

Title; Risk of Loss

Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility. Contact your local Delivery Carrier to discuss compensation.

Postal/Carrier Returns

All shipments require the buyers signature upon delivery. Should the item be returned to us as ‘undeliverable’ for whatever reason (including, but not limited to; no signature or insufficient address details), you will be notified by email when the item is received by us. The order value will be refunded via your payment method, less shipping costs and a AUD$7 handling fee per unit will apply for all orders. Should the purchaser wish to cancel an order once shipped, a refund, less the shipping and handling fee will be processed once the item is received back at our warehouse.

International Orders – Customs/Taxes

No Australian Government Taxes (GST) apply to orders from outside Australia.

International shipments may become delayed at your countries entry port and may attract Customs Duties and Local Government Charges and Taxes. These costs are out of our control and are the responsibility of the purchaser and or the recipient.

Return Policies

Except for authorised Resellers, products that are purchased directly from the website may be returned by you within fourteen (14) days of the date of purchase at your cost for a full refund less shipping and handling. Only one opened package of any like product is eligible for return. All others of the same product must be in a factory sealed container to be eligible to be returned for a refund.

Returns can be sent to Digital Jungle (Aust) Pty Limited 56 Ocean Beach Road, Woy Woy, 2256. Australia

WEBSITE TERMS OF USE & SERVICE

Last updated: February, 2019

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

These Terms and Conditions (the “Terms”) are a legal contract between you and Hank Cookie & Skink Pty Limited (“Hank Cookie & Skink”, “we”, “us” or “our”). By using the websites at gutperformance.com.au, including purchasing products from this website, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use the website.

You agree that by using the website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using the website on behalf of your employer or Hank Cookie & Skink, you represent and warrant that you are authorised to bind your employer and Hank Cookie & Skink to these Terms.

It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use the website after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use the website.

1. WEBSITE

We grant you a limited license to access and use the website for your personal use, and to copy, distribute, and transmit the content of the website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these websites for your personal use or for the purpose of purchasing Hank Cookie & Skink products for resale if you are an authorised reseller of such products (“Authorised Reseller”) (see Section 24 below). This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, the website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hank Cookie & Skink. You may not use any meta tags or any other “hidden text” utilising Hank Cookie & Skink ‘s name or trademarks without the express written consent of Hank Cookie & Skink. Any unauthorised use terminates the permission or license granted by Hank Cookie & Skink.

We reserve the right to change any information, features and functions of the website without prior notice. We reserve the right to stop supplying Every Body Every Day® products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of the website if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of the website for any illegal or unauthorised purpose is strictly prohibited.

2. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner, which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

3. NO MEDICAL ADVICE

The information contained on the website, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. While we may offer some products on the website that are classified as food, beverage, or dietary supplements products regulated by the Therapeutic Goods Act (TGA), we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through the website should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on the website, carefully read all labels and heed all directions and cautions that accompany the products.

4. PRODUCTS AND SERVICES

The products and services made available on the website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Hank Cookie & Skink ‘s prior written consent, such as an ‘Approved Affiliate’. Hank Cookie & Skink and its suppliers may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the website, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

4.1 ORDERS AND DELIVERY

You will be notified by email when your order is packed and shipped. A tracking number will be provided. A signature is required upon delivery. Should the signatory not be available, the item will be taken to your local carrier office. Should you not have received your shipment within 7 business days (Australian customers, 21 business days International customers) from receiving shipment notification and wish to know more about your delivery, contact your local carrier office and provide your order tracking information.

DUE TO THE CURRENT PANDEMIC SITUATION, DELIVERIES ARE SLOWER THAN USUAL, ESPECIALLY INTERNATIONAL SHIPMENTS. THE TIME FRAMES ABOVE DO NOT CURRENTLY APPLY. SOME DESTINATION COUNTRIES ARE NOT ACCEPTING ANY IMPORTS. ORDERS FROM SUCH COUNTRIES WILL BE REFUNDED IN FULL. SOME DESTINATIONS ARE ONLY SERVICED BY FEDEX AND THE COST TO SHIP ARE PROHIBITIVE AND MINIMUM ORDERS APPLY.

4.2 POSTAL/CARRIER RETURNS

All shipments require the buyers signature upon delivery. Should the item be returned to us as ‘undeliverable’ for whatever reason (including, but not limited to; no signature or insufficient address details, non payment of any Customs Charges and Taxes, etc.), you will be notified by email when the item is received by us. The order value will be refunded via your payment method, less shipping costs and a AUD$12 Handling fee per unit will apply for all orders. Should the purchaser wish to cancel an order once shipped, a refund will be processed, less the shipping and Handling fee.

5. BILLING AND PAYMENT

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the website may be made through a valid credit card, debit card or other payment method offered through the website. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on the website.

6. SHIPPING AND TAXES

Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer or authorised Reseller pay shipping costs and take responsibility for products when they leave the Hank Cookie & Skink warehouse. Separate charges for shipping and handling will be shown on the checkout page if applicable. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with your order, however designated, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on the checkout page.

All shipments require the buyers signature upon delivery. Should the item be returned to us as ‘undeliverable’ for whatever reason (including, but not limited to; no signature or insufficient address details, non payment of any Customs Charges and Taxes, etc.), you will be notified by email when the item is received by us. The order value will be refunded via your payment method, less shipping costs and a AUD$12 Handling fee per unit will apply for all orders. Should the purchaser wish to cancel an order once shipped, a refund will be processed, less the shipping and Handling fee.

6.1 INTERNATIONAL CUSTOMS/TAXES

No Australian Government Taxes (GST) apply to orders from outside Australia.

International shipments may become delayed at your countries entry port and may attract Customs Duty’s and Local Government Charges and Taxes. These costs are out of our control and are the responsibility of the purchaser and or the recipient.

7. TITLE; RISK OF LOSS

Title to products passes from us to you on shipment from our facility. Loss or damage that occurs during shipping is your responsibility.

8. RETURN POLICIES

Except for authorised Resellers, products that are purchased directly from the website may be returned by you within fourteen (14) days of the date of purchase at your cost for a full refund less shipping and handling. Only one opened package of any like product is eligible for return. All others of the same product must be in a factory sealed container to be eligible to be returned for a refund.

Returns can be sent to: WDS Pty Ltd 100 Belmore Road, Riverwood NSW 2210 Australia

9. ACCOUNTS

Some services on the website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at support@gutperformance.com.au of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the website.

We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

10. ELECTRONIC COMMUNICATIONS

When you use the website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website, and or Social Media. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. FORUMS / BLOG / SOCIAL MEDIA

“Forum” means an area, site or feature offered as part of the website that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). Additionally, “Forum” includes any other website page created by Hank Cookie & Skink, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying a Forum.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

You are and shall remain solely responsible for the content you post on or through the website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. Hank Cookie & Skink, markets and sells various food, beverage and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. Hank Cookie & Skink, and the administrators of the website and any Forum on the website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the TGA.

We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on the website.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

12. INTELLECTUAL PROPERTY INFRINGEMENT

Hank Cookie & Skink respects the intellectual property rights of others, and we ask you to do the same. Hank Cookie & Skink may, in appropriate circumstances and at our discretion, terminate service and/or access to the website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the website, please provide Hank Cookie & Skink ‘s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

  • A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the website, and information reasonably sufficient to permit Hank Cookie & Skink to locate the material.
  • Information reasonably sufficient to permit Hank Cookie & Skink to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Hank Cookie & Skink for notice of claims of copyright or trademark infringement on the website can be reached as follows: info@gutperformance.com.au.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Hank Cookie & Skink designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of Australia, for any judicial district in which Hank Cookie & Skink may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Hank Cookie & Skink reserves the right, in its sole discretion, to terminate the account or access of any user of the website who is the subject of repeated DMCA or other infringement notifications.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU ASSUME ALL RISK OF USING THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PREEVENT AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PREEVENT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREEVENT DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

HANK COOKIE & SKINK PTY. LTD AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF PREEVENT OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. COPYRIGHT

The technology underlying, and the entire contents of the website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of Hank Cookie & Skink, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Hank Cookie & Skink. Copyright 2018 Hank Cookie & Skink All rights reserved.

15. TRADEMARK GUIDELINES

Hank Cookie & Skink, Every Body Every Day®, Gut Performance and other Hank Cookie & Skink names and logos used on the website are owned by Hank Cookie & Skink (“Hank Cookie & Skink Trademarks”). The Hank Cookie & Skink Trademarks are valuable assets of Hank Cookie & Skink and any unauthorised use of the Hank Cookie & Skink Trademarks is strictly prohibited. These Hank Cookie & Skink Trademark Guidelines contain detailed information about how to refer to Hank Cookie & Skink ‘s trademarks in different scenarios. These Trademark Guidelines are designed to ensure proper legal use of the Hank Cookie & Skink Trademarks and to prevent customer confusion that can result from improper or illegal usage.

Permissible Uses
Proper use of the Hank Cookie & Skink Trademarks is important. You may use the Hank Cookie & Skink trademarks to accurately describe or refer to Hank Cookie & Skink ‘s goods and services, provided you follow these Guidelines. For example, you may use the trademark Gut Performance™ to discuss and review.
The font size of the phrases using the Hank Cookie & Skink Trademarks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
You may not use the Hank Cookie & Skink Trademarks to direct your visitors to the Gut Performance homepage and products page without our written permission.
Prohibited Uses
Do not use the Hank Cookie & Skink Trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Hank Cookie & Skink; Every Bodfy Every Day; Gut Performance, or any other product or Trademark of Hank Cookie & Skink.
Hank Cookie & Skink, Product, Service. You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Hank Cookie & Skink Trademarks.
Logos. You may not use the Hank Cookie & Skink logos, artwork, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Hank Cookie & Skink.
Domain Names, Meta tags, Hidden Text. You may not incorporate the Hank Cookie & Skink Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Hank Cookie & Skink.
Internet Advertising Keywords. You may not use or incorporate the Hank Cookie & Skink Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Hank Cookie & Skink.
Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the Hank Cookie & Skink Trademarks without first obtaining a written license from Hank Cookie & Skink.

Required Notices
For registered trademarks owned by Hank Cookie & Skink, the ® symbol must accompany these trademarks (e.g., Every Body Every Day®) and Hank Cookie & Skink should be properly identified as the owner of these registered marks in a footnote that reads, for example, “Every Body Every Day® is a registered trademark owned by Hank Cookie & Skink”
For pending applications or common law trademarks owned by Hank Cookie & Skink, the TM or SM symbol must accompany these trademarks (e.g., Gut Performance™) and Hank Cookie & Skink should be properly identified as the owner of these trademarks in a footnote that reads, for example, “Gut Performance™ is a mark owned by Hank Cookie & Skink”
Social Media Guidelines – Do not use Hank Cookie & Skink Trademarks as any part of your social media account name, user name, page name, or as a community name.

General Use Guidelines
Use capitalisation consistently.
Spell the Hank Cookie & Skink Trademarks correctly and do not abbreviate them, or combine or hyphenate the respective words in the Hank Cookie & Skink Trademarks. Do not split the marks onto separate lines of copy.
Use the Hank Cookie & Skink Trademarks only as adjectives modifying the generic term for the product or service and never use the Hank Cookie & Skink Trademarks as nouns or as verbs. Correct example: Gut Performance™ Trains your gut for better athletic performance.
Goodwill. All uses and goodwill associated with the Hank Cookie & Skink Trademarks will inure to the benefit of Hank Cookie & Skink.
Reservation of Rights. Unless otherwise agreed to in writing, Hank Cookie & Skink reserves the right to terminate permission to copy, reproduce, or display the Hank Cookie & Skink Trademarks and to demand that the Hank Cookie & Skink Trademarks cease to be used at any time, in its sole discretion. Hank Cookie & Skink reserves the right to object to unfair uses or misuses of its Hank Cookie & Skink Trademarks and other violations of law, as well as uses that Hank Cookie & Skink in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Hank Cookie & Skink reserves the right to revise these Trademark Guidelines at any time, without notice.
Contact Information For any questions regarding the proper usage of the Hank Cookie & Skink Trademarks, the proper notices, or to seek permission to use the Hank Cookie & Skink Trademarks please contact Hank Cookie & Skink at info@gutperformance.com.au.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Hank Cookie & Skink Parties (as defined below), and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.

17. PRIVACY

Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of these websites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at https://gutperformance.com.au/privacy

18. THIRD-PARTY LINKS

These websites may link to websites operated by third parties (“Third Party Sites”). Hank Cookie & Skink has no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of Hank Cookie & Skink. Hank Cookie & Skink is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Hank Cookie & Skink is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

19. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@gutperformance.com.au. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Hank Cookie & Skink Parties as defined below. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

Please read this Provision carefully. It provides that all Disputes between you and Hank Cookie & Skink Parties shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

For the purpose of this Provision, “Hank Cookie & Skink Parties.” means Hank Cookie & Skink and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Hank Cookie & Skink Parties. regarding any aspect of your relationship with Hank Cookie & Skink Parties. whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Hank Cookie & Skink Parties’ licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Hank Cookie & Skink Parties an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Vice President of Finance and General Counsel of Hank Cookie & Skink at info@gutperformance.com.au. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any of the Hank Cookie & Skink Parties does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

Class Action Waiver

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and all of the relevant Hank Cookie & Skink Parties specifically agree to do so following initiation of the arbitration.

Jury Waiver

You understand and agree that by entering into this Agreement you and Hank Cookie & Skink Parties are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Hank Cookie & Skink Parties might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account or other relationship with the Hank Cookie & Skink Parties. Notwithstanding any provision in this Agreement to the contrary, we agree that if PreEvent makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Hank Cookie & Skink Parties to adhere to the language in this Provision if a Dispute between you and the Hank Cookie & Skink Parties arises.

20. LOCAL LAWS; EXPORT CONTROL

Hank Cookie & Skink controls and operates these websites from its headquarters in Australia and the products and material offered on these websites may not be appropriate or available for use in other locations. If you use these websites or the products outside Australia, you are responsible for compliance with applicable local laws.

21. APPLICABLE LAW

Your use of these websites shall be governed in all respects by the laws of the state of NSW Australia, without regard to its choice of law provisions.

22. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Hank Cookie & Skink shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Hank Cookie & Skink shall promptly issue a credit to your credit card or debit card account in the amount of the charge.

23. TERMINATION

The provisions relating to Intellectual Property Infringement, Copyrights, Hank Cookie & Skink Trademark Guidelines, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.

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