1. Introduction

1.1 In these terms and conditions “we”, “us”, “our” and “GMD” refers to Gym Meals Direct and “you” and “consumer” refers to the purchaser of any GMD products through this website.
1.2 By accessing and using the GMD website to purchase products from us you accept and agree to be bound by these terms and accordingly you should review them carefully. If you do not accept these terms you must not access or use the GMD website to purchase products from us.
1.3 We reserve the right to amend these terms at any time and your use of the GMD website following any amendments will represent your agreement to be bound by these terms as amended.
1.4 GMD welcomes feedback on its product range at info@gymmealsdirect.com.au.

2. Ordering
2.1 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website you acknowledge you are over 18 years of age.
2.2 All product prices (and freight costs for some locations) are listed on our webpage in Australian Dollars (AUD). We reserve the right to amend our prices at any time.
2.3 We accept payment by direct debit via STRIPE, or visa/mastercard debit card for once off purchases. You must be the card holder or have permission from the card holder to complete a purchase transaction through our website.

3. Deliveries
3.1 GMD will home deliver meals to the address specified in the purchaser’s “Shipping Adress” section at the time of purchase.
3.2 If the delivery cannot be made and a re-delivery must be attempted as a result of an incorrect address, delivery instructions, or other GMD will charge a secondary delivery fee to the customer.
3.3 GMD uses both in-house and third party couriers who may, from time to time not be able to complete deliveries as per instruction due to external factors out of our control.
3.4 Once deliveries have been completed, GMD takes no responsibility for items that spoil due to temperature, are stolen or lost. Refunds or replacements will not be issued under these circumstances
3.5 GMD Delivery to Consumer Collection Point
3.6 GMD products are stored in certified insulated boxes packed with Ice Gels for delivery to consumers. GMD products are delivered to consumers by a courier in a refrigerated truck with a temperature of minus 5 degrees Celsius or below.
3.7 GMD products are delivered to a GMD specified address (Consumer Collection Point) for collection by the consumer. Once products have been delivered to the Consumer Collection Point, GMD takes no responsibility for maintaining the temperature of the product. If GMD products are
warm when collected by the consumer, we recommend they not be consumed.
3.8 It is the responsibility of the consumer to collect their GMD product from the Consumer Collection Point at the time specified by GMD.
3.9 All risk of loss or damage to the GMD product passes to the consumer upon delivery to the Consumer Collection Point.

4. Product Handling
4.1 GMD provide their products chilled and upon receipt of the product by the consumer they must be stored in a fridge of 4 degrees Celsius or below for food safety reasons.
4.2 GMD products have a 7 day from cook date expiry unless otherwise specified or a 1 year expiry date (if kept frozen) as GMD do not use preservatives in their products.
4.3 Re-heating instructions must be followed closely by the consumer. We recommend that all GMD products be re-heated in a microwave to ensure rapid re-heating of food occurs to a temperature of 60 degrees Celsius or hotter.
4.4 GMD accepts no responsibility for products that are not stored as instructed or re-heated according to GMD instructions prior to consumption.

5. Refunds
5.1 GMD may offer a refund to the consumer in certain circumstances.
5.2 Due to circumstances beyond our control (i.e. bad weather, vehicle breakdowns, unforeseen events) the delivery of our products may not occur. In these circumstances, we ask that you notify us immediately and we will make a full refund to you for your order.
5.3 If you do not notify us of any delivery issues within 24 hours of delivery, we may not be able to give you an appropriate refund where possible.
6. Cancellations, pauses and order changes
6.1 Changes to the following week’s orders must be made via the “manage my order” section of the website by 12am Friday, the previous week. Requests made after this date will not take place until the next week.
7. Disclaimer
7.1 We recommend that consumers of GMD products consider their personal nutritional needs and consult with their medical practitioner prior to ordering any products or commencing any diet or meal plan.
7.2 GMD products contain high levels of protein and low levels of carbohydrates and may not be suitable for all consumers.
7.3 Our website has a nutritional calculator, however, please note this only provides an estimate of your daily nutritional needs and we recommend you consult with your general practitioner, nutritionist or dietician who will be able to provide you with assistance particular to your individual circumstance.
7.4 GMD does not cater for any medical conditions, food intolerances, allergies or special dietary requirements. Please note that all products are prepared in a commercial kitchen and may contain traces of nuts, tree products, gluten, milk, eggs, other dairy products, seafood, etc. GMD cannot guarantee a total absence of any of such items in our products.
7.5 GMD will not be liable for any adverse reactions to food consumed, or ingredients a consumer may come in contact with while consuming any of our products.

8. Indemnity

By accessing our website, you agree to indemnity GMD and hold GMD harmless from all claims, actions, damages, loss, costs and expenses including legal fees arising from or in connection with your use of our website, and whether any such loss arises from GMD's breach of any contract or implied contract, negligence or other tort or wilful act.

9. Privacy

9.1 We undertake to take all due care with any information which you may provide to us when accessing our website and ordering from us. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk and we are not liable for its misuse due to error in transmission or virus or malware, although we undertake to take reasonable steps to preserve such information in a secure manner.
9.2 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

10. General

10.1 To the extent that any part of these terms are invalid, unenforceable, illegal, void or voidable for any reason, then these terms will be construed and binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
10.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these terms will not be a waiver of any other or of any subsequent breach.
10.3 We will not be responsible or liable for failure to perform any obligation under these terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

11. Marketing & contact

11.1 By obtaining a login with GMD you may receive emails and text messages from us from time to time. Both of these services can be stopped by opting out or unsubscribing.
11.2 GMD reserves the right to contact users via the details they provide though the website.
11.3 GMD sends text messages/emails to customers on delivery/pick-up day with specific instructions and contact details.