Terms of Service

Welcome to https://awakeacademy.store (the “Site”), owned and operated by Awake Academy Pty Ltd ABN 62 642 295 289 (“Awake Academy,” “we,” “us,” or “our”). These Terms of Service (“Website Terms of Use” or “Agreement”) form a legally binding agreement between you (“you,” “your,” or “user”) and Awake Academy. By accessing our Site or purchasing any products from us (“Products”), you agree to be bound by this Agreement, as well as our Privacy Policy, Returns Policy, and any additional terms and conditions that may apply to specific sections of our Site or to any Products and services available through the Site.

If you do not agree with these Website Terms of Use (or any subsequent amendments), you must immediately cease using our Site.

1. GENERAL

1.1 Scope
These Website Terms of Use govern your use of the Site, any pages contained within the Site, and any Products available on or through the Site, including our TGA-listed medicine “Wake Up.”

1.2 Acceptance
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. We may amend this Agreement or any related policies at any time by posting updated terms on our Site. Your continued use of our Site after any such updates constitutes acceptance of the amended terms.

2. INFORMATION DISCLAIMER

2.1 No Warranties or Medical Advice
All information provided on our Site is for informational purposes only and carries no warranty. It is not intended to diagnose, treat, cure, or prevent any disease.

  • Always read the label and follow the directions for use.
  • If symptoms persist, talk to your health professional.

2.2 Professional Consultation
Information on the Site is often presented in summary or aggregate form. It is not meant to replace professional advice or consultation for any particular illness, disease, infection, injury, or other medical condition. We strongly recommend consulting a qualified medical professional for diagnosis, treatment, and advice regarding the correct usage and dosage of any pharmaceutical or listed medicine, including “Wake Up.”

2.3 User Assumption of Responsibility
You assume full responsibility for how you choose to use the information provided on our Site, and you agree that any resulting outcomes from your actions are solely your responsibility. Neither Awake Academy nor our related entities are responsible for any adverse effects or consequences arising from the use or misuse of information provided on the Site.

2.4 No Substitute for Professional Medical Advice
Nothing contained on our Site is intended to be, or should be taken to be, medical diagnosis or treatment. The information presented is not a substitute for professional medical advice or for any information contained on or in any product packaging or labels.

3. SPECIFIC WARNINGS

3.1 Prohibited Uses
You must not use or access our Site:

  • In a manner that violates this Agreement;
  • For any unlawful purpose;
  • In a manner that is fraudulent, false, misleading, or deceptive;
  • In a way that violates applicable laws or regulations (including privacy laws);
  • In a way that infringes or misappropriates the rights of any other person or entity;
  • To introduce viruses, malicious code, or other harmful elements.

3.2 User Responsibility
You are responsible for taking precautions to ensure your computer system is protected from viruses, malware, or other forms of interference which may damage your system. We do not accept responsibility for any interference or damage to your computer system arising from your use of the Site or any linked third-party websites (“Third Party Websites”).

3.3 Accuracy of Information
While we endeavor to keep all information on the Site current and accurate, we do not warrant the accuracy, adequacy, or completeness of any content. We are not liable for errors, omissions, or any failure to update such information.

3.4 Third Party Advertisements
Responsibility for the content of advertisements appearing on our Site rests solely with the advertisers. Any hyperlink to an advertiser’s own website does not constitute our endorsement or recommendation of the advertiser’s products or services, and any representations made in connection with any advertisement are solely those of the advertiser.

3.5 Crawling vs. Scraping
Crawling the Site is permitted if done in accordance with the provisions of our robots.txt file; however, scraping or otherwise extracting data in an automated manner is strictly prohibited.

4. COPYRIGHT AND INTELLECTUAL PROPERTY

4.1 Ownership
Unless otherwise indicated, Awake Academy owns or licenses all intellectual property rights in the Site, including (but not limited to) text, graphics, photographs, logos, icons, domain names, service marks, designs, software, and other content (“Content”).

4.2 Permissible Use
You may not reproduce, adapt, distribute, print, display, publish, or create derivative works from any part of the Site except as permitted by law or expressly authorized by Awake Academy. You may not commercialise any information, Products, or services obtained from our Site without our written permission.

4.3 Trademarks
Any trademarks, service marks, logos, or domain names used or displayed on the Site are the property of their respective owners. Nothing on the Site grants you a license or right to use any trademark without the written permission of its rightful owner.

4.4 User-Generated Content
By uploading, transmitting, posting, or making available any material on or through the Site or our associated social media platforms (including comments, feedback, ideas, or suggestions), you grant Awake Academy a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit, and exploit this material in any form and for any purpose. You waive all moral rights as defined by the Copyright Act 1968 (Cth).

5. OUR LICENCE GRANT TO YOU

5.1 Limited, Revocable License
We grant you a personal, non-exclusive, revocable, limited license to access and use our Site for your personal, non-commercial use. This license does not permit you to resell our Products, share or transfer your license, or otherwise exploit our Content for commercial gain without our express written consent.

5.2 Termination
We may terminate this license if you violate any term of this Agreement, our Privacy Policy, or any applicable law. If you wish to terminate this license, you must cease using our Site immediately or notify us of your decision.

6. USE OF OUR SITE: RESTRICTED USE

6.1 Acceptable Use
You agree to use the Site for lawful, personal purposes only. You agree not to:

  • Copy, distribute, or disclose any part of the Site in any medium, including automated or non-automated “scraping”;
  • Interfere with, compromise, or disrupt the Site’s security or its servers;
  • Place an unreasonable or disproportionately large load on our infrastructure;
  • Harvest or collect personal data about other users without their consent;
  • Upload or post any content that is defamatory, obscene, offensive, threatening, or otherwise unlawful;
  • Impersonate another person or entity, or misrepresent your affiliation with a person or entity;
  • Upload or post any content you do not have rights to use.

6.2 Indemnity
You agree to indemnify Awake Academy, our officers, employees, agents, contractors, suppliers, licensors, and related entities for any liability, loss, damage, or expense (including legal fees) arising out of or connected with your breach of this Agreement, your use of the Site, or your violation of any rights of a third party.

7. LINKED WEBSITES / THIRD PARTY WEBSITES

7.1 Third Party Content
Our Site may contain links to or from Third Party Websites, provided for convenience only. We do not endorse, approve, or recommend these Third Party Websites or any products or services they offer. We are not responsible for the content or privacy practices of any Third Party Website, and your use of such sites is at your own risk.

8. SECURITY OF INFORMATION

We take reasonable steps to protect the information we collect from you, but we cannot guarantee the security of any data transmitted online. Any information you transmit to us is done at your own risk. Once we receive your transmission, we will take commercially reasonable steps to ensure its security.

9. MODIFICATION OF SERVICE

We reserve the right to alter, update, or remove our Site or any part of it at any time without prior notice. We may make such changes for security, legal, or other reasons. We do not guarantee the Site will always be available or accessible, and we are not liable for any unavailability.

10. DISCLAIMER FOR USE OF SITE

10.1 Use at Your Own Risk
Your use of the Site is at your sole risk. Awake Academy, its directors, officers, employees, representatives, or related entities do not warrant the uninterrupted or error-free operation of the Site. We do not guarantee any results from the use of the Site or the accuracy, completeness, or timeliness of the information provided.

10.2 Limitations of Liability
To the fullest extent permitted by law, neither Awake Academy nor its related entities accept any liability for any direct, indirect, incidental, special, or consequential damages arising out of your use of the Site or any Products purchased through the Site. Where liability cannot be excluded, any liability incurred by us in relation to the use of the Site or the Products is limited to the extent provided for by the Competition and Consumer Act 2010 (Cth) and related legislation, and in no event will our liability exceed AUD $100 or the total amount you spent on Products or services in the last six months—whichever is greater.

10.3 Assumption of Risks
You assume all risks associated with accessing our Site, including exposure to viruses or malicious code. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue its use.

11. INDEMNITY

You agree to defend, indemnify, and hold Awake Academy, its related entities, officers, directors, employees, and agents harmless from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from or related to your use of the Site, your purchase or use of the Products, your violation of this Agreement, or your violation of any third party right. This indemnification obligation survives termination of this Agreement and your use of our Site.

12. YOUR ACCOUNT OBLIGATIONS

12.1 Accuracy of Information
When creating an account on the Site, you agree to provide accurate, current, and complete information. You must promptly update any Registration Information to keep it accurate and complete.

12.2 Confidentiality of Login Credentials
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

12.3 Privacy
We treat your Registration Information as private and store it on a secure server. For more details on how we collect, use, and protect your personal information, see our Privacy Policy.

13. OUR RIGHTS

We reserve the right to:

  • Monitor, remove, or alter any content uploaded or posted on the Site;
  • Terminate or suspend access to the Site for any reason without notice;
  • Disclose any content, records, or electronic communication to satisfy any legal, regulatory, or governmental request, or to protect our rights or the rights of users, third parties, or the public.

14. TERMINATION OF ACCESS

We may terminate or suspend your access to our Site immediately and without notice if we determine, in our sole discretion, that you have breached this Agreement. All terms of this Agreement which by their nature should survive termination (including disclaimers, limitations of liability, and indemnities) will survive such termination.

15. FORCE MAJEURE

We are not liable for any failure or delay in performance under this Agreement resulting from circumstances beyond our reasonable control, including acts of God, wars, terrorism, riots, embargoes, governmental actions, labor strikes, communication disruptions, and failures or shortages of infrastructure.

16. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree that the offer and acceptance of this Agreement occurs in New South Wales, Australia.

17. FORUM OF DISPUTE

Any dispute arising out of or related to this Agreement shall be brought exclusively in the courts of competent jurisdiction in the state of New South Wales, Australia. The prevailing party in any dispute shall be entitled to reimbursement of its reasonable attorneys’ fees, court costs, and other expenses.

18. SEVERABILITY

If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.

19. NON-WAIVER

No waiver by us of any breach or default by you shall be deemed a waiver of any preceding or subsequent breach or default. Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision.

20. NO ASSIGNMENT

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights or delegate our obligations under this Agreement at our discretion.

21. AMENDMENTS TO WEBSITE TERMS OF USE

We reserve the right to modify or replace these Website Terms of Use at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following such posting constitutes your acceptance of the revised terms.

CONTACT INFORMATION
If you have any questions, concerns, or comments about these Website Terms of Use, please contact us at:

Last Updated: 05/03/2025

By using the Site, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.