1. Website Terms and Conditions
Cranky Health Pty Limited (“The Man Shake”, "we", "us" and "our") has created this website as a service to our customers ("you" and "your"). We are registered in Australia under ABN 47 327 435 403 and trade as "The Man Shake”.
By using this website, you agree that you have read and understood these Terms of Use and agree to comply with and be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this website. We host our website on Salesforce Commerce Cloud.
Please read the following terms carefully and if you do not agree with them, please do not use our web site.
2. General information only
Our website contains general information only. We do not warrant that information we provide will meet your individual requirements. Please seek appropriate professional advice about whether our products or the information contained on this website are suitable for you.
3. Orders
You are responsible for ensuring that your order contains the correct product details, product quantity and contact details, including delivery address when you place your order.
Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown on our website the price you must pay including Goods and Services Tax (if applicable in your country) and any other charges, including any charges you are liable to have the products delivered to the address provided by you. Unless otherwise stated, all charges shown on our Australian website are in Australian dollars, all charges shown on our New Zealand website are in New Zealand dollars and all charges shown on our international website are in United States dollars.
Your order is accepted once payment is received.
Our products are available for personal use only and you must not order the products for commercial resale. Please contact us at [email protected] if you would like to discuss opportunities to become our stockist.
4. Shipping rates estimates
Our shipping rate estimates are:
Australia
- Free standard shipping applies for orders over AU$70 or more.
- AU$10 standard shipping for orders under AU$70.
- AU$25 for any express shipping.
New Zealand
- Free standard shipping applies for orders over NZ$70 or more.
- NZD$25.00 standard shipping for orders under NZ$70.
- We do not offer express shipping in New Zealand.
International
- $50.00 standard shipping.
- We do not offer express shipping internationally.
- International customers must also cover any duties, fees or taxes relating to importing goods into their country. Duties, fees and taxes vary from country to country and we suggest you refer to your government's website to understand your final charges before placing an order.
These estimated rates are shown as at February 2024 only and may change from time to time. Your final shipping rate will be shown at checkout.
5. Delivery
We aim to dispatch your order within two business days of you placing the order. This may be longer during busy sale periods.
Most orders are delivered within 5-10 business days (depending on your State or Territory).
By default, you provide authority to leave items at the address specified in your order. You are responsible for ensuring that there is a secure place to leave your order or that someone is available to accept the delivery. We are not liable for orders that the courier confirms has been delivered. Your delivery may be delayed for reasons outside of our control (for example, if the third-party courier experiences delays). We are not responsible for these delays.
Unless otherwise agreed by you and The Man Shake, all risk in the product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
6. Order Cancellation
We may cancel your order or part of your order if:
- your payment for the order is unsuccessful;
- stock is unavailable for the products in your order;
- a product was incorrectly priced due to a system or human error;
- the products are subject to product recall or withdrawal;
- an event beyond our reasonable control prevents or hinders our ability to fulfil your order (for example, industrial action, natural disasters, health emergencies).
We will contact you if we need to cancel your order and refund any amount already paid for the cancelled order.
You can request to cancel your order before it is dispatched by contacting us at [email protected]. We may accept the cancellation of an order at our sole discretion. We do not accept any cancellation requests for orders that have been dispatched.
7. Return Policy
We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our customer service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us information or images of defect for preliminary assessment and provide further information as reasonably requested by us. Unless we specifically request it, we will not require you to physically return opened products as they are perishable.
The Man Shake will provide you with the remedies as required under Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ) or any other legislation, but does not accept other forms of returns. You can contact us to discuss a remedy at [email protected].
8.Promo codes
The use of promo codes are subject to the specific terms and conditions related the promo codes, such as minimum purchase requirement, not being able to be used in conjunction with other promotions or discounts or no exchange, etc.
You must read the specific terms and conditions of each promo code before using it.
9. Personal information
You are required to provide your personal information to place an order or make an account with us.
Please see our Privacy Policy for information about how we manage your personal information.
10. Online account
You may create an account with us. You are responsible for keeping your account details (including your password) secure and you must not share your account details to any third party. We are not liable for any misuse of your account by a third party.
We reserve the right to disable any account if, in our opinion, you have failed to comply with any provision of these Terms of Use. Any password or right given to you to obtain access to this website is not transferable to any third party.
11. Our website
Conditions of use
You agree to:
- provide accurate and truthful information when gaining access to the services provided by this website;
- use this website only for its intended purposes and comply with the law in using this website;
- not to use the account login details of any other person;
- not to damage, disrupt or interfere with this website;
- not to interfere with or compromise the security of this website, our network or our host service. For example, attempting to transmit any malware, spamming, phishing, email bombing.
- not to disrupt or interfere with any other user’s use of this website or the security of their account.
The Man Shake reserves the right to prohibit any conduct involving this website that it deems to be inappropriate.
Access to this website is limited to viewing the linked webpages solely for legitimate purposes to access the information provided by this website. Any access or attempt to access other areas of the website computer systems and the information in those other areas, or any computer, server, account, network, data, software and/or other hardware via this website for any purposes is strictly prohibited. However, you may use any links which are contained in this website to connect to other web sites subject to you complying with your obligations in these Terms of Use.
Accuracy of content
Our website and affiliated sites are provided “as available”. While we aim to provide an accurate and updated website, our website may sometimes contain typographical errors, inaccuracies or omissions. We make no warranties or representations, express or implied, that our website or its content is reliable, accurate, current, complete or error-free.
All information, content and material on this website is provided for general purposes only. You should exercise your own judgment with respect to your use of this website and you should carefully evaluate the accuracy, currency, completeness and relevance of the content on the website to you.
You agree to visit and use the website and its content solely at your own risk.
If you have any concerns or see any mistakes on our website, please email us at [email protected].
Links to other websites
The website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not checked for accuracy. Inclusion of any linked web site on this web site does not imply approval or endorsement of the linked website by The Man Shake. If you decide to leave our web site or access these third-party sites, you do so at your own risk.
Linking to this website
You may link to our home page, provided you:
- do so in a way that is fair, legal and does not damage our reputation or take advantage of it;
- do not establish a link from any website that is not owned by you; and
- do not to suggest any form of association, approval or endorsement on our part where none exists.
You must not frame our website on any other site or create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice and for any reason.
Third-party content
Our website may display content supplied by visitors and other third parties. This content is not our property and belongs to the respective owners of that content. We have no editorial control over this content.
Editing, deleting and modification
We reserve the right to edit, delete, modify, suspend or discontinue any content, feature, aspect, product or service comprising, or available through, this website at any time.
12. Intellectual property
The Man Shake is the owner or the licensee of all intellectual property rights in this website, and in the content published on it (IPs). This includes 'The Man Shake', 'The Lady Shake' and 'The Kids Shake' which are our registered trademarks.
You must not use, copy, reproduce, republish, modify, frame, upload to a third-party website or platform, post, transmit or distribute the IPs without our written consent.
You may not copy to, upload to, post to or otherwise distribute on, this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution. You indemnify us for loss we suffer or incur as a result of you breaching this obligation.
13. Limitation of Liability
Subject to Australian Consumer Law and the Consumer Guarantees Act 1993 (NZ):
- our liability for loss arising from the use of our products is limited to the amount covered under our insurance policies;
- neither party will be liable for any indirect, incidental, punitive and/or consequential damages arising from the use of our products;
- we will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive and/or consequential damages arising from the use of the website and/or services, even in the event we are advised of the possibility of such damages.
14. General
- Waiver: The failure of us or you (as applicable) to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
- Severability: If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.
- Entire agreement: These Terms of Use and any of our policies or rules on this website constitute the entire agreement and understanding between you and us, unless we have entered into a separate written agreement.
- Exclusion of warranties: We exclude all warranties and representations, except those which cannot be excluded under law, including Australian Consumer Law and Consumer Guarantees Act 1993 (NZ).
- Governing law: These Terms of Use and any separate agreements between us and you will be governed by and interpreted in accordance with the laws of New South Wales, Australia.
15. Change of terms
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. If you continue to use our website after we have revised these Terms of Use, you agree that you accept those changes.
The Man Shake Weight Loss Program
The Man Shake Weight Loss Program has been developed under the supervision and advice of nutritional experts to assist users in their personal weight loss journey. The Man Shake is not a medical organisation and cannot give medical advice or diagnosis.
Nothing contained in this website should be construed as such advice or diagnosis. The information in this website should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor.
You should consult your doctor or relevant health professional before starting the program, especially if you have any health concerns about using The Man Shake products or services.
If you have a medical condition that requires regular medical checks, and/or are taking prescription and/or if you have been advised to eat a special diet to treat an illness or medical condition, then you must discuss The Man Shake Health Weight Loss Program with your doctor or relevant health professional before starting the program. Examples include: diabetes, high blood pressure (hypertension), heart disease, peptic or stomach ulcer, gallstones, kidney stones, pregnancy and bowel disorders. This list is not exhaustive.
Children under the age of 15 years old may not join The Man Shake Weight Loss Program unless approved by a doctor and supervised by an adult.
Last updated February 2024.