Terms and Conditions
AWAKE ACADEMY PTY LTD (ABN 62 642 295 289)
TERMS & CONDITIONS
Welcome to the Awake Academy website, located at https://awakeacademy.store (the “Site”). These Terms & Conditions (“Agreement”) form a legally binding contract between you (“you,” “your” or “user(s)”) and Awake Academy Pty Ltd ABN 62 642 295 289 (“Awake Academy,” “us,” “we,” “our”). By accessing, visiting, browsing, or using our Site and/or purchasing any of our nutritional products (including physical products and downloadable materials) (collectively, “Products”), you agree to be bound by this Agreement, along with our [Privacy Policy], [Returns Policy], and [Terms of Use], which are incorporated herein by reference.
If you do not agree with any part of these Terms & Conditions or any of our policies, you must cease using our Site and refrain from purchasing any Products immediately. Users must be 18 years or older to purchase Products.
1. YOUR ACCEPTANCE
1.1 By accessing our Site, placing an order, or purchasing any Products, you confirm that you have read, understood, and agree to be bound by this Agreement and any additional terms and conditions referenced herein.
1.2 We may amend this Agreement (as well as our Privacy Policy, Returns Policy, and Terms of Use) at any time. Any amendments will be posted on our Site and become effective immediately upon posting. Your continued use of our Site constitutes acceptance of these amendments.
2. INFORMATION DISCLAIMER
2.1 No Warranty
All information provided on our Site is offered without any warranty. It is not intended to diagnose, treat, cure, or prevent any disease. We do not warrant that any information on or linked to this Site is complete, accurate, or up-to-date.
2.2 Informational Purposes Only
All information, including details regarding health, medical conditions, products, and treatments, is presented solely for informational and educational purposes. It may be summarised or aggregated and should not replace professional advice.
2.3 No Medical Advice
None of our Products are intended to treat any medical condition. We strongly recommend consulting a qualified health practitioner (e.g., your doctor or pharmacist) regarding any questions about your medical condition or before taking any new health supplement.
- Always read the label and use only as directed.
- Vitamins and supplements should not be considered a substitute for a balanced diet.
2.4 User Responsibility
You assume full responsibility for how you choose to use the information on our Site and any outcomes resulting from your actions. If you have or suspect you have a medical problem, are pregnant, or are breastfeeding, you should consult a medical professional before purchasing or using our Products.
3. REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE
3.1 Professional Evaluation
The content on our Site is intended for informational and educational purposes only and has not been evaluated by any national or international regulatory authority. Always speak with a qualified healthcare professional before:
- Starting any new supplement, fitness, or dietary regimen.
- Taking any product if you have a pre-existing condition, are pregnant, or are breastfeeding.
- Using our Products if you suspect a medical issue.
3.2 No Substitute for Medical Advice
Never disregard professional medical advice or delay seeking treatment because of something you have read on our Site. If you notice any unusual changes to your health, discontinue using our Products and seek immediate medical attention.
4. NUTRITIONAL INFORMATION
4.1 Accuracy and Limitations
Nutritional information on our Site is based on research available at the time and may vary depending on a variety of factors, including product batches, brands, and sourcing. Before relying on any information provided, carefully consider its accuracy, completeness, and relevance, and consult a qualified expert if needed.
4.2 Variances
Nutrient composition can vary substantially between batches and brands. Some data may come from overseas sources, food labels, or be calculated via recipe analysis. We do not guarantee that any information on the Site is free from error or suitable for your specific needs.
5. FITNESS LEVEL
5.1 Health Assessment
If you have concerns about your health or are unsure whether you should begin a new fitness or supplement program, consult an appropriate healthcare professional before purchasing or using our Products.
5.2 Risk Acknowledgment
By purchasing or using any Products, you acknowledge that you do so voluntarily and that certain risks may apply based on your health, acts or omissions, or the actions of others. We do not guarantee that our Products will achieve any particular result for you, nor do we guarantee their suitability to your specific circumstances. You assume all risks associated with your use of our Products.
6. TESTIMONIALS
Any testimonials appearing on our Site reflect the experiences of individuals and may not be indicative of the results you will achieve. Your experience may vary.
7. PERSONAL INFORMATION
7.1 Collection and Use
We collect personal information from you to provide our Products and services, as detailed in our [Privacy Policy]. This information may include personal details (e.g., name, email address, and postcode) and health-related information (e.g., medical history, supplement use).
7.2 Accuracy and Completeness
You warrant that any personal or health information you provide is truthful, accurate, current, and complete. We accept no liability for any consequences arising from your failure to provide accurate and complete information.
7.3 Email Communications
By agreeing to these Terms & Conditions, you consent to receive email communications from us regarding our Products, offers, or updates. You may unsubscribe at any time by emailing [hello@awakeacademy.store] with “unsubscribe” in the subject line.
8. USER ACCOUNTS
8.1 Account Creation
We may require you to create a username and password (“Login”) to access certain areas of our Site. You are responsible for maintaining the confidentiality of your Login and for all activities that occur under your account.
8.2 Unauthorised Use
You must notify us immediately at [hello@awakeacademy.store] if you suspect or become aware of any unauthorised use of your account or any other security breach.
9. PAYMENT
9.1 Payment Methods
We currently use secure online payment systems (e.g., Shop, PayPal, GooglePay, ApplePay). By making a purchase, you authorise us to charge the applicable payment method for the total amount listed at checkout.
9.2 Prices and Taxes
All prices listed on the Site are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change pricing at any time without prior notice.
9.3 Promotional Codes
From time to time, we may issue promotional or discount codes. These are subject to terms of issue stated by us and must be applied at checkout.
9.4 Payment Accuracy
You warrant that the payment information and personal details you provide are correct. We are not liable for any losses arising from incorrect or incomplete payment information or unauthorised use of your credit card.
10. DELIVERY AND SHIPPING OF PRODUCTS
10.1 Shipping Terms
We aim to dispatch orders within 1–2 business days after receiving payment. Shipping costs and delivery times vary based on your location and will be displayed at checkout. We currently ship to Australian addresses only.
10.2 Availability
We strive to keep our online inventory updated; however, if a Product is unavailable or delayed, we will inform you of the expected timeframe. You agree that we may charge your payment method and ship the Product as soon as it becomes available.
10.3 Illustrations and Descriptions
Product images on our Site are for illustrative purposes only. We do our best to ensure descriptions are accurate but reserve the right to correct errors in Product listings.
11. REFUNDS AND CANCELLATIONS
11.1 Consumer Guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. If you believe there is a defect or major issue with any Product purchased, please contact [hello@awakeacademy.store] immediately.
11.2 Scope
Any refunds or replacements will be provided in accordance with Australian Consumer Law. Where possible, we will offer a repair, replacement, or refund if a Product has a major fault or defect.
12. RETURNS
For more information on returns, please see our [Returns Policy]. We generally do not offer refunds for change of mind. Returns are otherwise handled in accordance with Australian Consumer Law.
13. CONTACT INFORMATION
If you have questions about your order or any of our Products, please contact us at:
Email: [hello@awakeacademy.store]
14. DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
14.1 No Further Warranties
Except as required by law, we make no express or implied warranties, including merchantability or fitness for a particular purpose, regarding any Products sold on our Site.
14.2 Liability Cap
Where a limitation of liability is permitted by law, our total liability is limited to the cost of the Product(s) purchased. We are not liable for any indirect, special, or consequential damages.
14.3 Jurisdictional Limits
If your jurisdiction does not allow limitations on liability, the above limitations may not apply to you. In such cases, our liability is limited to the greatest extent permitted by law.
15. INDEMNITY
You agree to indemnify, defend, and hold harmless Awake Academy and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use of our Site or Products;
- Your breach of this Agreement;
- Your violation of any third-party right;
- Any act or omission by you, leading to injury or damage to a third party.
This indemnification obligation survives the termination of this Agreement and your use of our Site.
16. PRIVACY AND CHILD PROTECTION
16.1 Privacy Compliance
We comply with the Privacy Act 1988 (Cth) and any other applicable privacy regulations when handling your personal information. For details on how we collect, use, and protect your data, please consult our [Privacy Policy].
16.2 Child Protection
We adhere to Australian Child Protection legislation to the extent it applies. Our Site is not directed to children, and we do not knowingly collect personal information from users under 18.
17. CHOICE OF LAW
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The offer and acceptance of this Agreement are deemed to have occurred in New South Wales, Australia.
18. FORUM OF DISPUTE
You agree that any dispute relating to this Agreement shall be heard by a court of competent jurisdiction in the state of New South Wales, Australia. The unsuccessful party in any dispute shall be responsible for the successful party’s reasonable legal fees and costs.
19. FORCE MAJEURE
We are not liable for any delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, war, civil unrest, terrorism, labor disputes, or shortages of materials.
20. SEVERABILITY
If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision is severed from the remaining provisions, which remain valid and enforceable.
21. NON-WAIVER
Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or our right to enforce it at a later time.
22. ASSIGNMENT
You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations at our discretion.
23. AMENDMENTS
We may amend this Agreement at any time by posting the updated terms on our Site. You may refuse to agree to the amendments, but if you do, you must immediately stop using our Site and/or purchasing our Products.
24. ELECTRONIC COMMUNICATIONS
By using our Site or sending us emails, you agree to receive electronic communications from us. You consent that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements.
25. GENERAL
25.1 Entire Agreement
This Agreement, along with our Terms of Service, Privacy Policy, and Returns Policy, constitutes the entire legal agreement between you and Awake Academy in relation to your use of our Site and purchase of our Products.
25.2 Interpretation
If any part of this Agreement is read down or severed, the remaining provisions continue to operate in full force. No representation or warranty not set out in this Agreement has any legal effect.
25.3 Reservation of Rights
All rights not expressly granted herein are reserved by Awake Academy.
CONTACT US
For any questions about these Terms & Conditions, our Products, or any related matters, please email us at:
[hello@awakeacademy.store]
By using this Site or purchasing any Products, you acknowledge that you have read, understood, and agree to these Terms & Conditions.