1. About the Website

1.1 Welcome to www.evexiaactive.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase physical products (the ‘Products’) as well as book services (the ‘Services’) that have been listed on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). 

1.2 The Website is operated by Evexia Active Pty Ltd (ABN: 71 659 790 995) t/as Evexia Active (‘Evexia Active’). Access to and use of the Website, or any of its associated Products and Services are provided by Evexia Active. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 Evexia Active reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Evexia Active updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Evexia Active in the user interface.

3. Bookings and Cancellations for Services

3.1 Evexia Active requires all bookings for the Services to be made via the booking system provided (the ‘Booking System’).

3.2 If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

3.3 If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.

3.4 To finalise and confirm your booking for any of the Services, unless otherwise stated, you will be required to make payment of the purchase price (Purchase Price) or a deposit (Deposit), depending on the service type, and you will be asked to make payment of the Purchase Price or Deposit via credit card or other payment method at the time of making your booking. 

3.5 If a Deposit is paid, the remainder of the purchase price (Purchase Price) must be paid when you attend your booking date and time.

3.6 In the event that any payment under these Terms is not made in full on the due date, Evexia Active is entitled to charge You interest at the rate of 5% per annum, calculated daily.

3.7 You agree that if You default on any payments due and payable under these terms any costs incurred by Evexia Active for steps taken to enforce payment terms will be recoverable and payable by You.

3.8 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

3.9 You must notify Evexia Active of an intention to cancel the Services as soon as practicable through e-mail to hello@evexiaactive.com.au and abide by the following (‘Cancellation Policy’).

3.10 Evexia Active may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.

3.11 Evexia Active understands that things change, and therefore if you need to make a request to alter your booking date and/or time you agree to provide at least 24 hours’ notice. Unfortunately, if you have to make changes within 24 hours of your scheduled session, you will forfeit the booking, and the Purchase Price or Deposit involved.

3.12 Evexia Active will only provide you with a refund of the Purchase Price in the event that Evexia Active is unable to continue to provide the Services (the 'Refund'). 

4. Registration to use the Purchase Services

4.1 In order to access the Purchase Services, you are required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) Full name 
(b) Address
(c) Email address
(d) Preferred username
(e) Mailing address
(f) Phone number
(g) Password

4.2 You warrant that any information you give to Evexia Active in the course of completing the registration process will always be accurate, correct and up to date.

4.3 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

4.4 You may not use the Purchase Services and may not accept the Terms if:

(h) you are not of legal age to form a binding contract with Evexia Active ; or
(i) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

5. Your obligations as a Member

5.1 As a Member, you agree to comply with the following:

5.2 You will use the Purchase Services only for purposes that are permitted by:

6.2 Payment of the Purchase Price may be made through debit card and credit card or by other means through the available payment provider (the 'Payment Gateway Providers').

6.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

6.4 Following payment of the Purchase Price being confirmed by Evexia Active, you will be issued with a receipt to confirm that the payment has been received and Evexia Active may record your purchase details for future use.

6.5 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

6.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

6.7 Evexia Active reserves the right to accept or reject your order for any reason, including if the requested Product is not available. 

7. Refunds and Returns of Product/s

7.1 Evexia Active wants you to be satisfied with your Product/s. If you have any issues with Evexia Active Products, please e-mail orders@evexiaactive.com.au with your order number, proof of purchase, details of defect/damage, and photos within 5 business days of receiving the Product/s. Evexia Active will then advise you on how Evexia Active can best resolve the issue. 

7.2 If you have received the incorrect item or make an error when ordering a full priced item, Evexia Active will provide a refund on the return of the item. To request a refund and organise a return please e-mail orders@evexiaactive.com.au with your order number, proof of purchase and photographs of the Product/s you have received within 7 business days of receiving the Product/s. The returned Product/s must be unopened, and in their original saleable condition. If the returned Product/s do not meet these conditions, Evexia Active will not be able to provide you with a refund.

7.3 Evexia Active take the utmost care when it comes to packaging and preparing all orders before they are shipped to you. On the rare occasion that an item may be defective or damaged, please email orders@evexiaactive.com.au with your order number, proof of purchase, details of defect/damage, and photos within 7 business days of receiving the Product/s. 

7.4 You are liable for all shipping costs incurred when returning the Product/s back to Evexia Active. Shipping costs are non-refundable. If you are entitled to a refund, the cost of return-shipping will not be included in the refund.

7.5 If you are return-shipping items over the value of $75, you should consider using a trackable shipping service or purchasing shipping insurance. Evexia Active unfortunately cannot guarantee that we will receive your returned items and are therefore not liable for any loss or further damages (other than the reviewed & confirmed defect/damage) to items that have been return-shipped.

7.6 If you are eligible for a replacement Product/s, depending on your location, the time it may take for the replacement Product/s to reach you may vary.

7.7 Evexia Active does not provide change of mind refunds, returns or exchanges. Please keep this in mind when making a purchase and review all items, including descriptions and ingredients carefully and thoroughly before placing your order. 

7.8 Evexia Active does not provide refunds for sale items or items purchased during a promotion, for any reason.

7.9 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers. 

7.10 In the following situations, no refund or return will be available:

8.2 Cancellation or amendment requests must be made within 1 hour of the time of order. 

8.3 Where a Product has been listed at an incorrect price, or has incorrect written information or images, Evexia Active reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase. 

9. Delivery of Physical Products 

9.1 All Products orders are usually processed within 48 hours, excluding weekends and public holidays, and are shipped from Horsley Park and Narellan, New South Wales. 

9.2 You acknowledge that the Purchase Services offered by Evexia Active integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers').

9.3 In providing the Purchase Services, Evexia Active may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Evexia Active is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

9.4 Evexia Active currently delivers within Australia only, using Australia Post. Evexia Active will issue you with a tracking number via email. If you are not home to receive the delivery it will be delivered to a safe drop location.

9.5 In the event that an item is lost or damaged in the course of the Delivery Services, Evexia Active asks that you:

(r) contact the Delivery Service Provider directly within 7 days from date of receipt of delivery to request a refund; and

(s) contact Evexia Active within 7 days from date of receipt of delivery by sending an email to orders@evexiaactive.com.au outlining in what way the Product/s were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

10. Warranty 

10.1 Physical Products

11.1 Evexia Active makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.  Evexia Active does not guarantee specific results or experiences through the use of the Products. You agree that when you purchase a Product/s, individual results from using the Product/s may vary. 

11.2 All Evexia Active Products should be used in accordance with the directions and cautions provided on the Products. Any information provided to you by Evexia Active  regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

11.3 Evexia Active Products contain natural ingredients. Even products containing all natural ingredients can potentially cause skin reactions in susceptible individuals, especially if the products contain essential oils. It is recommended that all information provided on the Product/s is read prior to use to determine appropriateness and suitability.  

11.4 If you have sensitive skin, please do a patch test before first use. If an adverse skin reaction occurs, discontinue use immediately, and see your doctor or pharmacist if no relief comes from rinsing the affected area with cold water or if you are concerned about any side affects you may be experiencing.

11.5 You are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from your use of the Products. As such, you agree that Evexia Active is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides. 

11.6 You understand that use of the Products is not a substitute for medical attention, examination, diagnosis, or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed. 

11.7 Any Product recommendations made by Evexia Active are recommendations only. You are responsible for making your own decisions about purchasing recommended Products. 

11.8 You agree to release and discharge Evexia Active from and against all claims arising out of or in connection with provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death arising from use of a Product from Evexia Active.

12. Services Disclaimer

12.1 Evexia Active will maintain standards established by Exercise and Sports Science Australia (ESSA), Massage and Myotherapy Australia (MMA), and FIT-BioCeuticals Limited as well as comply with any applicable State and Federal laws, including the Therapeutic Goods Act 1989 and any other law which regulates the public display and sale of products and services.

12.2 You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from Evexia Active’s relationship with you, its educational materials, and interactions with you. As such, you agree that Evexia Active is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

12.3 You understand that the Services are not a substitute for medical attention, examination, diagnosis, or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

12.4 You agree to release and discharge Evexia Active from and against all claims arising out of or in connection with provision of the Services and any techniques employed. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Evexia Active.

13. Information Disclaimer

13.1 Evexia Active does not guarantee specific results or experiences through the use of the Products and the Services. Any information, advice, content, or documentation provided through the Products, the Services, in the blog, related social media accounts, on the Website or on any other related platform do not constitute medical, professional, psychological, or other advice, and are provided for general information and guidance purposes only. 

13.2 All care is taken in the preparation of the information and published materials including in the Products, the Services, in the associated blog, related social media accounts, on the Website or on any other related platform. Evexia Active does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose. 

13.3 To the extent permissible by law, Evexia Active will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Products, the Services, associated blog, related social media accounts, on the Website or on any other related platform.

14. Copyright and Intellectual Property

14.1 You acknowledge that the Website, the Purchase Services, Evexia Active’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Evexia Active or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (‘the Content’).

14.2 You hereby indemnify and agree to keep indemnified Evexia Active against all liability, losses or expenses incurred by Evexia Active in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Evexia Active or any third party by you or your agents.

14.3 You may not, without the prior written permission of Evexia Active and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14.4 For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Evexia Active, Evexia Active grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment, or other materials for your specific, non-commercial use only.

15. Privacy

Evexia Active takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Evexia Active’s Privacy Policy.

16. General Disclaimer

16.1 You acknowledge that Evexia Active does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.

16.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

16.3 Subject to this clause, and to the extent permitted by law:

(c) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;

(d) the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(e) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;

(f) the Content or operation in respect to links which are provided for your convenience;

(g) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(h) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

17. User Generated Content

17.1 If you choose to contribute any content to the Website or any other platform operated by Evexia Active, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

17.2 By contributing content to the Website, you grant Evexia Active a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions, or social media accounts held by Evexia Active.

17.3 Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Evexia Active can use that information with Your Content for advertising and promotional purposes, or any other business purpose. 

17.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Evexia Active social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Evexia Active. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

17.5 Please ensure you keep your own copies of Your Content as Evexia Active may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

17.6 Evexia Active will endeavour to provide you with an appropriate credit when using Your Content on Evexia Active platforms, though you understand and agree this may not always be possible.

17.7 Evexia Active reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive.

18. Mailing List and SMS List Registration 

18.1 You will be given the option to register for the Evexia Active mailing list (the 'Mailing List') and SMS List (the ‘SMS List’)

18.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address
(b) Name and address
(c) Mobile phone number 

18.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates, and other content from Evexia Active.

19. Limitation of Liability

19.1 Evexia Active’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Evexia Active is the resupply of information or Purchase Services to you.

19.2 You expressly understand and agree that Evexia Active, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

19.3 Evexia Active is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Evexia Active, by third parties or by any of the Purchase Services offered by Evexia Active.

20. Indemnity

20.1 You agree to indemnify Evexia Active, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

The Purchase Services offered by Evexia Active is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

22. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

23. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.