TERMS OF SERVICE

Effective Date: 01 JUNE 2023

Welcome to MuscleBackpack.com.au (the “Site”). The Site is owned and operated by Muscle Backpack Pty Ltd (“Muscle Backpack,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the Site and any related services provided by Muscle Backpack.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Site.

1. Acceptance of Terms

1.1 By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Muscle Backpack.

1.2 You represent and warrant that you have the legal capacity to enter into these Terms, or if you are accessing the Site on behalf of an entity, that you have the authority to bind such entity to these Terms.

2. Intellectual Property

2.1 The Site and its original content, features, and functionality are owned by Muscle Backpack and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Site without Muscle Backpack’s prior written consent.

3. Use of the Site

3.1 You agree to use the Site only for lawful purposes and in accordance with these Terms. You shall not use the Site in any way that may disable, damage, or impair the Site or interfere with any other party’s use of the Site. You must not attempt to gain unauthorized access to any part of the Site, other users’ accounts, or any computer systems or networks connected to the Site.

3.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

4. Product Information and Pricing

4.1 Muscle Backpack strives to provide accurate and up-to-date information regarding its products on the Site. However, we do not warrant or guarantee the accuracy, completeness, or timeliness of any product information, including descriptions, images, specifications, pricing, or availability.

4.2 Muscle Backpack reserves the right to modify or discontinue any product or service at any time without prior notice.

4.3 While we make efforts to accurately display the colors of our products, the actual colors you see may vary depending on your device and display settings. Muscle Backpack does not guarantee that the colors displayed on your device will accurately represent the colors of the products.

5. Links to Third-Party Websites

5.1 The Site may contain links to third-party websites or services that are not owned or controlled by Muscle Backpack. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Muscle Backpack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

6. Limitation of Liability

6.1 To the maximum extent permitted by law, Muscle Backpack and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use

of the Site or any content, product, or service obtained through the Site.

7. Indemnification

7.1 You agree to indemnify, defend, and hold harmless Muscle Backpack and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site or any violation of these Terms.

8. Modifications to Terms

8.1 Muscle Backpack reserves the right to modify or replace these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site after any modifications to these Terms constitutes acceptance of those changes.

9. Governing Law and Jurisdiction

9.1 These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

10. Contact Us

10.1 If you have any questions or concerns regarding these Terms, please contact us at [hi@musclebackpack.com.au].

By using MuscleBackpack.com.au, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.