Terms of service
1. Consent to Receive SMS Marketing
By consenting to Rapid Supplements' SMS marketing during checkout, initiating a purchase, or subscribing via our subscription tools, you agree to receive recurring text notifications related to your orders (including abandoned checkout reminders), promotional offers, and transactional messages, such as requests for reviews. This consent applies even if your mobile number is registered on any state or federal do-not-call list. Message frequency may vary. Consent is not a condition of purchase.
2. Opt-Out Instructions
If you wish to unsubscribe from our SMS marketing messages and notifications, you can:
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Reply with "STOP" to any mobile message received from us.
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Use the unsubscribe link provided within our messages.
We will also honor any other requests that clearly express your desire to opt out, including phrases like "please opt me out." Upon receiving your opt-out request, we may send a confirmation SMS to acknowledge your unsubscription. After this, you will no longer receive SMS messages from us unless you opt-in again.DailyStory
3. Charges and Fees
While Rapid Supplements does not charge for the SMS service, you are responsible for any charges and fees associated with text messaging as imposed by your wireless provider. Message and data rates may apply.
4. Support and Contact Information
For any questions or assistance:
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Text "HELP" to the number from which you received our messages.
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Contact us via our Contact Us page or email us at support@rapidsupps.com.au.
5. Modification of Contact Information
We reserve the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. Please note that messages sent to a changed number or short code, including STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
6. Limitation of Liability
To the extent permitted by applicable law, you agree that Rapid Supplements will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
7. Privacy Policy
Your privacy is important to us. We use the information you consent to share for sending text notifications (including order updates and abandoned checkout reminders), promotional offers, and transactional messages, such as requests for reviews. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS. For more details on how we collect and use your personal information, please refer to our Privacy Policy.
8. Arbitration and Class Action Waiver Agreement
a. Arbitration
By using or purchasing Rapid Supplements products or services, you agree that any controversy, claim, action, or dispute arising out of or relating to these Terms, your access to or use of our website or services, or any alleged violation of any federal or state law, shall be resolved exclusively through binding individual arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its applicable rules. Arbitration is a form of dispute resolution in which parties agree to submit their disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such disputes decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. Each party's attorneys' fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
b. Arbitration Procedures
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Sydney, Australia, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Commercial Arbitration Act 2010 (NSW) and by the internal laws of New South Wales, without regard to conflicts of laws principles. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
c. Exclusion from Arbitration
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Rapid Supplements' products or services (the "Opt-Out Deadline"). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Rapid Supplements. You are responsible for ensuring Rapid Supplements' receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your claim in arbitration.
9. Class Action Waiver
You and Rapid Supplements agree that you may bring or participate in claims against Rapid Supplements only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Rapid Supplements agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any claim that
You and Rapid Supplements agree that any claims against Rapid Supplements will be brought only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate or join the claims of other individuals or parties who may be similarly situated, nor preside over any form of a representative or class proceeding. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
11. Changes to Terms
Rapid Supplements reserves the right to update or modify these Terms at any time without prior notice. Your continued use of our SMS services after any such changes constitutes your acceptance of the new Terms.
12. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
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Email: mark@rapidsupplements.com.au
By subscribing to Rapid Supplements' SMS services, you acknowledge that you have read, understood, and agree to be bound by these Terms.