We are Backpack Buddy Pty Ltd and we are based in New South Wales, Australia. We are committed to protecting your privacy and respecting and upholding your rights when you use this Site. This Privacy Policy applies to the products and/or services we provide on our Site https://www.mybackpackbuddy.com (“Site”) and our social media channels, and explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and, to the extent applicable, with the EU General Data Protection Regulation (GDPR), and constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on social media platforms such as Instagram, Facebook, Pinterest, X, or YouTube, that information is governed by the privacy policies on those platforms, and is not governed by this Privacy Policy.

You can contact us for privacy-related questions by completing this form https://www.mybackpackbuddy.com.

We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.

If you are a customer, subscriber or just a visitor on our Site, this Privacy Policy will apply to you.

As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.

Please read this Privacy Policy and our Website Terms & Conditions https://www.mybackpackbuddy.com. If you provide us with any data relating to a third party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy.

From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:

• You make a purchase on our Site, including but not limited to, gift cards, or any other products available for purchase
• You interact with us on social media
• You complete any sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails
• You participate in events, promotions and giveaways or any request for additional data such as customer surveys
• You accept our cookies and tracking technologies, which may include services from third parties that provide analytics, traffic management, content delivery, and load balancing (e.g. CDNs). For more details on the cookies we use, including those from third-party providers that assist with performance, analytics, and functionality, please refer to our Cookie Policy.
• You voluntarily submit your data to us for any reason

 

• - Contact details (name, address, email)
• - Financial Information (bank details when you are making a purchase)
• - Your business name (sometimes)
• - Basic information about your business and its history (sometimes)
• - Data about the products or services you purchase
• - Data about your experience with our Site and our products and services
• - Data relating to your circumstances and such other information that is relevant to the products or services we provide to you
• - Data relating to your attendance at seminars or other events held by us (including webinars and podcasts)
• - Data that identifies you (your IP address, login, browser type, time zone, browser plugins, geolocation, what operating system and version) - we do not link this with any personal Data
• - Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
• We may also collect technical data via third-party services, such as content delivery networks or font services, to improve the performance and functionality of our Site. These services may collect information like IP addresses to ensure proper delivery and functionality.

Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.

We will use your data for the purposes it was collected and related purposes that include:

 

• Operating our Site
• Providing you with products, information and services
• Customer support
• Tracking your purchase history
• Detecting and preventing fraud
• Improving our Site
• Making your experience on our Site more efficient and enjoyable
• Market research e.g. we may contact you for feedback about our products and services
• Provide you with information about events, other products or services or opportunities that may be of interest
• Marketing (with your consent)
• Monitoring your compliance with our Website Terms and Conditions

We may disclose your data for the purposes it was collected and also:

• As required by law subject to our obligations
• With your consent
• Within our business
• To send you marketing material (with your consent)
• To process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
• Share with third parties to enable us to provide our products and/or services

We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.

Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.

In our efforts to continuously improve your experience on our platform, we utilise Meta Insights and Meta Analytics to understand how you interact with our content on our Facebook page https://www.mybackpackbuddy.com. This technology helps us to measure and analyse user engagement and effectiveness of our services, ensuring we can enhance our offerings to better meet your needs. For details on how Meta collects and uses your data, we encourage you to review Meta’s Privacy Policy available at https://www.facebook.com/policy.php. Should you prefer to not have personalised as on Facebook based on the data collected, you have the right to modify your ad preferences. This can be done by accessing your Facebook settings and navigating to “Ad Preferences”, where you can adjust your settings according to your preferences.

You can choose not to provide us with any personal data. However, if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.

Our Site uses cookies and similar technologies to provide certain functionality to our Site. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively.

We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved, we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:

• completing the contact us form on our contact page; or
• unsubscribing within the email if you have previously subscribed to our newsletter.

You can exercise your rights at any time by contacting us via the contact us page on our Site https://www.mybackpackbuddy.com.

We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can't comply with your request and why.

You can contact us to ask us to correct any information we hold about you that you believe is inaccurate.

We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.

You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.

If you have any complaints regarding how your data is handled, please contact us via our contact page https://www.mybackpackbuddy.com. If you are not satisfied with our response to your complaint, you may seek a review by contacting the Office of the Australian Information Commissioner (OAIC) via their website .

If you are located in the European Union and feel your data has been mishandled, you may lodge a complaint with your local data protection authority, which you can find through the European Data Protection Board (EDPB) at https://edpb.europa.eu/about-edpb/board/members_en.

We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:

• Password access to accounts
• Storing electronic data with reputable third-party storage providers who have appropriate security protections
• Limit access to personal information to individuals who need to know.
• Using payment providers who are PCI DSS compliant
• We do not store your payment details

We use service providers based in Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.

We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it permanently or anonymise data that is no longer necessary.

We share data with third parties in the following circumstances:

• Other companies in our group of companies, as necessary to operate our Site and deliver our services to you
• Our suppliers and service providers working for us e.g. payment processors
• Our professional and legal advisors who may require access to your data to provide advice and services
• Third parties engaged in fraud prevention and detection to protect your security
• Law enforcement or other government authorities who may access your data as part of our efforts to comply with legal obligations
• Share with third parties who enable us to provide our products and services which may include:
  • payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
  • Social media and analytics such as Meta, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
  • tools like Klaviyo, Zoom, Active Campaign, Mailchimp are utilised to manage and communicate product updates, Marketing materials, promotional offers, blogs, newsletters and video training ensuring you remain informed and engaged with our content for processing and holding Data that enables us to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs and video training.
• Where we have your consent to do so or otherwise where we are legally permitted to do so.

All of our real-time credit card authorisations are handled by secure third party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:

- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by us or any outside party.
- All transaction data is encrypted for storage within our third-party gateway suppliers bank-grade data centre, further protecting your credit card data.
- Our third-party gateway provider is an authorised third-party processor for all the major Australian banks.
- Our third-party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.

We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.

PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.

By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.

We use cookies, this helps us improve the products and services we provide. Unfortunately, they are not the edible kind! “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.

We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we can track behaviour such as who opened the emails, who clicked the links and collect information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.

This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.

Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy, so you know it's the latest version.

If you receive an item that you did not order, or if the contents of your order are incorrect, we apologise for the inconvenience and are committed to making things right as quickly as possible. We will ask you to return the incorrect product and let us know if you would like us to:
- send the correct item; or
- provide you with a refund.
my order was damaged in transit
Damaged Products (Damaged During Shipping):
Despite our best efforts and those of our shipping partners to protect your products during transit, damages can sometimes occur. If your product arrives damaged as a result of the shipping process, we want to make it right. We will ask you to provide images of the package delivery (i.e photo of the damaged box prior to opening) and let us know if you would like us to:
- send a replacement to you; or
- provide you with a refund.
My order has a manufacturing fault (or i think it does!)
Faulty Products:

If a product is found to be faulty or not working as intended upon receipt, we are here to help. Our goal is to ensure you have a product that meets our high standards and your expectations.
- send a replacement to you; or
- provide you with a refund.
I have changed my mind, can I return my product?
Unfortunately, we cannot accept returns for change of mind on items.
Can I return a sale item?
Unfortunately, we cannot accept returns for sale items or clearance items (unless they are faulty, damaged upon receipt or do not match the description of the product you ordered).
I ordered the wrong item - CAN I return it for a refund?
We are unable to offer refunds for incorrect purchases, however we can offer a store credit for the product once the originally purchased, unopened product has been returned to us.
custom products, perishables and health products
The following items are unable to be returned (unless the product is incorrect, damaged or faulty):
a) Personalised or custom-made items;

We will arrange for the incorrect, damaged or faulty product to be returned to us and you can let us know whether you would like us to either:

- send the correct item;

- send a replacement to you; or

- provide you with a refund.

Please see details below on how to organise a return.

Yes. Upon receipt of a returned item reported as damaged, we will perform a quality check to assess the extent of the damage and confirm it aligns with the customer's description. This check is crucial to ensuring that we address the issue appropriately and provide a solution such as a replacement, repair, or refund, depending on the specific case and customer preference. If the damage is confirmed to be due to shipping or a manufacturing defect, we will proceed with the corrective action at no additional cost to the customer.

To return an incorrect, faulty or damaged product, please follow the simple steps below:

i. To let us know the issue and that you would like to arrange a product return. We will advise the best address for you to send the products to. Contact us via buddy@mybackpackbuddy.com
To ensure a smooth return process, please include your original receipt or proof of purchase and complete any necessary return authorisation forms provided by us. Items returned without proper documentation may be delayed in processing.
Pack and seal the item/s in their original shipping package and post them back to us.

Processing Times for Returns
Once we receive your returned item, please allow up to 14 business days for your return to be processed. Refunds or store credits will be issued only after the returned item has passed a quality check to confirm it meets our returns criteria. We will organise a refund or replacement depending on the option you have selected.

Provided that we receive the products in their unused and unopened condition we will arrange for a credit note to be provided. Your credit note is awarded after the return item has been received by Backpack Buddy Pty Ltd. Please keep all email references regarding your credit note.

We recommend that you return the product via Registered post. Backpack Buddy Pty Ltd will not be responsible for parcels lost or damaged in transit if you choose not to return by Registered post.

Restocking fees may apply in certain cases. Customers will be notified of any applicable fees or costs during the return process.

YES We are more than happy to refund postage costs to return an item where the return is required due to our error, for example:

If the item is damaged or faulty; or
If we sent you the wrong item.

Any disputes or disagreements related to returns and refunds will be resolved through negotiation or mediation in accordance with our Website Terms and Conditions. In the event of unresolved disputes, the parties may seek resolution through arbitration or small claims court as applicable.

We reserve the right to update or modify this Returns and Refund Policy at any time. Customers will be notified of any significant changes, and the revised policy will be effective from the date specified.

We ship domestically within Australia and internationally. Your orders will be dispatched and posted within 3 days.

Once dispatched, shipping time will vary depending on the type of shipping selected.

Standard Shipping

Standard shipping parcels are sent via Australia Post at a cost of $9.99. Standard shipping takes 3 to 7 days.

Free standard shipping for orders over $150

Express Shipping

Express shipping parcels are sent via Australia Post at a cost of $14.99. Express shipping takes 1 to 3 days.

International Shipping

International shipping parcels are sent via Australia Post at a cost of $29. International shipping takes 7 to 14 days Please see below list of countries we currently ship to: Asia, Europe, USA & Canada

Signature on Delivery

Australia Post requires a signature, unless you specify otherwise when placing your order. If you request a parcel, be left unattended, you do so at your own risk, unless you have provided an authority to leave at time of placing your order.

Additional fees, such as customs duties, taxes, or handling charges, may apply for international shipments. These fees are the responsibility of the customer and may vary depending on the destination country's regulations.

For international shipments, please be aware that customs regulations, duties, taxes, and fees may apply. These charges are determined by the destination country's customs authorities and are the responsibility of the recipient. It is essential to comply with all customs requirements to ensure smooth delivery and avoid any delays or additional charges.

Please note that we are unable to influence or predict the amount charged for customs duties or taxes. We recommend contacting your local customs office for more information regarding applicable charges for your specific order.

Order Processing Time

We strive to process and pack your orders with care and efficiency. Please allow 3 days for order handling before they are ready for shipping. Once your order is prepared, you will receive a shipping confirmation email with tracking information.

Tracking and Confirmation

To keep you informed about your shipment's progress, we provide tracking numbers or links for all orders. Once your order has been dispatched, you will receive a shipping confirmation email containing the tracking details. You can use this information to track your package through our website or the carrier's tracking system.

Please note that it may take a short period for the tracking information to become available after the shipment has been processed.

Lost or Damaged Packages

While we take great care to ensure your packages reach you in perfect condition, unfortunate incidents may occur during transit. In the event that your package is lost or damaged, please contact our customer support within 5 days of the expected delivery date. We will initiate an investigation and work towards a resolution, which may include a replacement, refund, or insurance claim in accordance with our Returns and Refund Policy.

Returns and Exchanges

We want you to be completely satisfied with your purchase. If for any reason you need to initiate a return or exchange, please refer to our dedicated Returns and Refunds Policy for detailed instructions. The policy outlines eligibility criteria, timeframes, and any associated restocking fees, if applicable.

Customer Support

We value your satisfaction and are here to assist you with any shipping-related inquiries or issues. If you have questions or need assistance, please contact our customer support team. You can reach us via email at buddy@mybackpackbuddy.com

Policy Updates

This shipping policy is subject to change from time to time. Any revisions or updates will be communicated to you through our website or via email. It is recommended to review this policy periodically to stay informed about any modifications.

Disclaimer

Once a parcel has been delivered to your delivery address, we take no responsibility for any damage or theft that may occur. If you will not be present to accept delivery of your parcel or feel that your address is unsafe to leave a parcel unattended, we recommend sending your order to a work address.

Using a Work Address

If you are providing a work address, please always include the level (if a multi storey building) and the name of the company as Australia Post will return to sender if you do not make these details clear.

Redelivery due to incorrect or incomplete address

We can redeliver parcels where address is incomplete, or has been incorrectly provided, however this will incur a delivery charge of $15 for standard registered post or $25 for express post.

No guarantee of delivery time

Please note that the delivery times specified are approximate and as provided by Australia Post. We cannot guarantee these delivery times.

By placing an order with us, you acknowledge and agree to comply with the terms and conditions outlined in this shipping policy.

If you have any questions or require further clarification, please feel free to reach out to our customer support team. We are dedicated to providing you with a positive and seamless shipping experience.

Thank you for choosing Backpack Buddy!

By purchasing any goods, accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:

- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.

Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trademarks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed [here]. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

To place orders and access some features of our Site, you may need to register an account. This means you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is correct at the time you provide the information, and that you will update this information should there be any changes. You will be solely responsible for the activity that occurs on your account (including orders placed on your account), so be sure to keep your account password secure.

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law, or where your conduct impacts our reputation.

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is placed.

We reserve the right to modify or discontinue any product without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product.

We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.

We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.

We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.

These Terms also include our Return and Refund Policy which can be accessed [here].

These Terms also include our Shipping Policy which can be accessed [here].

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.

You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

Any information provided on our Site, through blog posts, product descriptions or any other content, is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products.

We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason, including where we believe that the product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.

The sale of products on our Site or reference to any other products does not constitute endorsement or recommendation of said products unless explicitly stated otherwise.

You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.

Not for resale

Products made available on our Site are for personal use only (including any samples we provide). You must not sell or attempt to resell any products and/or samples obtained or purchased from us.

Storage and Handling

Please follow all storage and handling instructions provided with the products to maintain their condition and ensure safety.

Feedback and Complaints Process

We are committed to ensuring your satisfaction with our products and services. If you encounter any issues or have concerns about your order, please contact us immediately so we can work to resolve them as quickly as possible. Should an issue not be resolved to your satisfaction while interacting with our customer service team, please follow this process:

Contact us: Use our Contact Form https://www.mybackpackbuddy.com or email us at admin@mybackpackbuddy.com to submit your feedback. Please include:

• your name;
• your email address;
• Your order number;
• details of your concern or complaint; and
• details of what you would like us to do to resolve the matter.

Acknowledgement

We will acknowledge your complaint within 5 business days.

Resolution Timeline

We aim to resolve all complaints within 14 business days. If resolution within this timeframe is not possible, we will inform you and provide a clear explanation and an expected timeline for resolution.

Non-Disparagement

Both parties agree to refrain from publicly disparaging each other, including but not limited to posting negative feedback on social media or online review platforms, during and after the term of their agreement. Any dissatisfaction should be addressed through the dispute resolution procedure outlined in these terms.

If a party violates this non-disparagement agreement, the other party has the following options, at their discretion:

• Initiate a dispute resolution process to amicably settle the disagreement; or
• Pursue legal action to seek remedies, including but not limited to injunctive relief and damages, in accordance with applicable laws.

This ensures that any disputes are handled in a manner that respects these Terms and the rights of both parties.

Mediation

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

We always appreciate interaction on our social media channels and feedback about our Site and our products. You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels. We love to hear from you!

Where you do decide to submit such feedback, comments or content, you:

- warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);

- give us permission to post or otherwise use that feedback on our social media or other channels;

- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;

- warrant that the content does not violate these Terms; and

- warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if it:

- contains libelous or otherwise unlawful, abusive or obscene material;

- attacks our employees or another contributor;

- contains material that discloses your personal information; or

- is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only. Any results personally achieved are due to the individuals’ unique situations. These testimonials demonstrate what can be possible, but are not intended to represent or guarantee that any current or future customers will achieve the same or similar results.

In addition to any other prohibitions, you must not, under any circumstances:

- use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;

- attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;

- hack into any aspect of the Site, corrupt data, or cause annoyance to other users;

- infringe upon the rights of any person's proprietary rights;

- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

- attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:

they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or

there is no possibility of failure to store communications or other data.

We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Additionally, we do not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the materials on our Site or otherwise relating to such materials or on any sites linked to this Site.

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.

These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

All Terms shall be construed in accordance with and governed in all respects by the laws of Western Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Western Australia.