Terms &
Conditions.

Your Agreement to the Terms

• 2.1 By using the website, each visitor (you, your) agrees to be bound by these terms and conditions (Terms and Conditions). Please read them carefully. Your use of the website indicates your acceptance of these Terms, as does your purchase of any of our Products via the website.
• 2.2 We may vary these Terms and Conditions. It is your responsibility to check the website periodically for changes, and your continued use of the website following any changes indicates your acceptance of those changes.
• 2.3 You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country, and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18, your parent or legal guardian can access and use the website on your behalf.
• 2.4 By using the website, you warrant that you meet the eligibility criteria in these Terms and Conditions.
• 2.5 We reserve the right to prohibit anyone from using the website for any reason.

Account Registration & Accurate Information

• 3.1 You can browse the website without creating an account. However, sometimes we may require you to create one to place an order and/or access certain functions of the website (Account).
• 3.2 Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration, and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
• 3.3 You may not have more than one active account, and your account is non-transferable. You may update, edit, or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
• 3.4 If you choose to use a workplace email address for your account, you are solely responsible for ensuring you comply with the rules, policies, or protocols that apply to the use of your email address and your workplace facilities.
• 3.5 You agree to provide current, complete, and accurate order and account information for all purchases. You agree to promptly update your Account information — including email address, delivery address, and payment methods (including expiration dates) — so we can complete orders and contact you as needed.
• 3.6 If you would like to delete your Account for any reason, just email us at hello@themomentum.com.au.

Your Obligations

4.1 You:

• Must promptly advise us of any changes to your information provided as part of customer registration
• Must provide your date of birth to place an Order for a Restricted Product, or where law requires us to verify your date of birth before supplying that Product
• Are responsible for any costs associated with your access to or use of the site, including access fees
• Are responsible and liable for any person that uses your Account and password to order Products through the Site
• Agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Account and password
• Should check the labels on the Products before consumption or use

4.2 You must not:

• Use the Site for any activities that breach any laws, infringe a third party's rights, or are contrary to any relevant standards or codes
• Use the Site in a manner that interferes with other users, defames, harasses, threatens, menaces, or offends any person
• Make fraudulent or speculative enquiries, purchases, or requests through the Site
• Use another person's details without their permission or impersonate another person when using the Site
• Post or transmit any obscene, indecent, inflammatory, or pornographic material
• Tamper with or hinder the operation of the Site
• Knowingly transmit any viruses, worms, defects, Trojan horses, or similar malicious code
• Use any robot, spider, site search and retrieval application, or other mechanism to retrieve or index any portion of the Site
• Modify, adapt, translate, or reverse engineer any portion of the Site
• Remove any copyright, trade mark, or other proprietary rights notices contained in or on the Site
• Reformat or frame any portion of the web pages that are part of the Site
• Create accounts by automated means or under false or fraudulent pretences
• Use the Site to violate the security of any computer or network or engage in illegal conduct
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Use the Site other than in accordance with these Terms and Conditions
• Attempt any of the above acts or engage or permit another person to do any of the above

Privacy & Commercial Electronic Messages

• 5.1 Your use of this website and/or our Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of personal information are governed by our Privacy Policy, which is incorporated into these Terms and Conditions.
• 5.2 You agree that we may send you commercial electronic messages and tailored advertising via various channels (including email and SMS) where you have not opted out. Your agreement to receive commercial electronic messages from momentum will be effective until you opt out.
• 5.3 You may opt out by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of customer surveys, requests for feedback, and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out using the unsubscribe facility in those specific messages. Even if you opt out of marketing messages, you will still receive information we are required by law to provide, or factual information directly about your account.

Fees & Charges

6.1 You agree to pay the following fees and charges in relation to an Order placed through the Site that is accepted (as applicable):

• The purchase price of each Product ordered
• The cancellation fee for an Order that is cancelled, as set out in these Terms
• Any other fees and charges set out in these Terms

• 6.2 All fees, charges, and prices for Products include GST where applicable.
• 6.3 Prices for our Products are in Australian Dollars, are inclusive of GST, and are subject to change without notice in our sole discretion.
• 6.4 We reserve the right at any time to modify or discontinue all or part of our Products and/or Services without notice.
• 6.5 Prices for Products change from time to time and we do not provide notice of these changes. Subject to these Terms, once your Order has been accepted, no changes will be made to the prices that apply to that Order.
• 6.6 The purchase price of each Product is shown on the product list at the time you place your Order. Prices on the Site may not correspond to prices in any other sales channels.
• 6.7 If a Product you have ordered is not available: (a) where we only pre-authorised payment, we will deduct the value of any unavailable items from the full amount we charge when picking your Order; or (b) where we have already taken payment, we will provide a refund within 3–5 business days to your original payment method (excluding shipping fees) for the unavailable items.

Product Availability & Weight

• 7.1 We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate.
• 7.2 The Product(s) when received may differ from the displayed website images in terms of shape, packaging design, and colour vibrancy.
• 7.3 Our Product prices are calculated on a per unit basis, and the weight indicated at the point of purchase is Product-based and is not inclusive of packaging.

Special Offers

• 8.1 From time to time, we may make special offers available to you, such as discount codes. Such special offers may be subject to additional terms and conditions that we notify you of at the time of receipt, which may include timing, limitations on quantity, and other conditions. Any such additional terms form part of these Terms and Conditions.

Payments

• 9.1 Payment for all Products and Services must be by credit or debit card, or any other payment method listed on the checkout page. Your payment method will be billed as soon as your order is placed.
• 9.2 All online debit/credit card transactions are processed through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways. We never permanently store complete debit/credit card details.
• 9.3 Complete debit/credit card details cannot be viewed by us or any outside party.

Orders

• 10.1 All orders are subject to a minimum order of $10 AUD; orders under that amount cannot be placed.
• 10.2 We reserve the right to refuse or reject any order, for any reason, including where we suspect fraud. If we refuse your order, you may contact us at hello@themomentum.com.au. We may, at our discretion, request further information from you, including a government-issued ID, to verify your identity and order details.
• 10.3 We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Account, on the same payment method, and/or orders that use the same billing or shipping address.
• 10.4 Risk in your order and the Products passes to you on delivery (as recorded by our delivery partners). Where your order is not received, missing in transit, or incorrect, you must notify us immediately and we will provide reasonable assistance.
• 10.5 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
• 10.6 We currently deliver to a large number of postcodes within the Sydney metropolitan area. You can check if we deliver to your area using the postcode search tool on the website.

Deliveries

• 11.1 For all orders in Australia over $100 AUD, delivery is complimentary (Free Delivery Threshold). For all orders under that threshold, delivery will incur a fee that we will advise at checkout, which may vary depending on your location and delivery window.
• 11.2 We aim to deliver products at the requested place within the time indicated at the time of your Order, but we cannot absolutely guarantee firm delivery dates or times.
• 11.3 We will let you know if we expect to be unable to meet our estimated delivery date, but to the extent permitted by law, we will not be liable for any losses, liabilities, costs, or damages arising out of late or delayed delivery.
• 11.4 All standard parcels should arrive within 3–6 business days. If for any reason we're unable to dispatch your order within this time, we will contact you as soon as possible.
• 11.5 We will aim to leave the Order at the address advised at the time of purchase. You must ensure you are able to take delivery without undue delay. Our delivery partners may contact you via SMS prior to delivery to provide options including 'authority to leave', re-routing to a collection point, or leaving a card requesting your instructions.
• 11.6 By default, you provide authority to leave items at the address specified in your order. If the delivery driver deems the area unsafe at their discretion, your Order will be redirected. If delivery is delayed through your unreasonable refusal, or if you don't accept delivery within two weeks of our first attempt, we may charge reasonable storage fees, or cancel and refund (less reasonable administration charges).
• 11.7 It might not be possible for us to deliver to some locations. If we are unable to deliver to your location, we will inform you on the relevant product page or via your contact details, and arrange cancellation or delivery to an alternative address.
• 11.8 Unless otherwise specified, all risk in the product passes to you upon delivery. From the time risk passes to you, we will not be liable for loss or destruction of the product.
• 11.9 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

Promotions & Discounts

• 12.1 Promotions and discounts are subject to their own specific terms and conditions as provided by momentum from time to time.
• 12.2 Unless otherwise stated, promotional offers — including store-wide discounts, final sale, package deals, and coupons — cannot be used in conjunction with any other offer. For example, a "$20 Discount" coupon cannot be used during a "20% Off" sale.
• 12.3 Final sale items are items that include a discount of 50% or more. Final sale items are non-refundable for store credit or cash refund unless deemed faulty.
• 12.4 momentum reserves the right to: (a) terminate, modify, or extend any promotional offer at any time without notice; or (b) cancel any order to which a promotional discount or code has been applied in error or contrary to its terms.

Refunds & Replacements Under Law

• 13.1 Please contact our Customer Service Team at hello@themomentum.com.au regarding Replacements and Refunds.

13.2 Faulty Product Replacements:

• 13.2.1 We aim to provide products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service Team as soon as possible. You may be required to send images of the damage, defect, or fault for preliminary assessment, and may be asked to provide further information to support your claim.
• 13.2.2 If the product is confirmed to have a defect, we will replace or refund the price to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want a replacement or refund.
• 13.3 We will provide a Refund or Replacement where required to do so by law.

Order Cancellations

14.1 We may cancel any momentum Order or part of an Order without any liability to you for that cancellation at any time if:

• The requested Products in that Order are not available
• There is an error in the price or product description posted on the Site for the relevant Product
• That Order has been placed in breach of these Terms and Conditions

• 14.2–14.3 Where an Order is cancelled because a product is unavailable or there is a pricing/description error: we will provide reasonable notice. Depending on the payment method, we will either not charge you, or refund the full amount paid to your original payment method.
• 14.4 We may terminate a Contract if the product is not available for any reason. We will notify you and return any payment using the same method originally used. If the refund transaction fails, we will advise you and arrange a refund via a different method.
• 14.5 If you wish to cancel your Order, please contact our Customer Service Team. Once an Order has been processed, it cannot be cancelled and the item must instead be returned to us in accordance with our returns policy.

Accuracy, Completeness & Timeliness of Information

• 15.1 To the fullest extent permitted by law, we do not give any express or implied warranties and make no representations in relation to the accuracy, completeness, or reliability of information on this website.
• 15.2 Your use of this website, our Products, and our Services is entirely at your own risk. The information and materials are provided as-is, and we have no obligation to verify or update such information. Such information is provided for general information only and should not be relied upon as the sole basis for making decisions.
• 15.3 We reserve the right to modify the contents of the website at any time, and you agree that it is your responsibility to monitor any such changes.

Liability

• 16.1 These Terms and Conditions do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian Consumer Law.

• 16.3 You understand and agree that you are responsible for your own acts, omissions, and negligence, and that you will be responsible for any consequences arising from your use of the Services.

Indemnification

• 17.1 You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees harmless from and against any and all claims, demands, proceedings, losses, and damages (actual, special, aggravated, and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions and/or your breach of any law or rights of a third party.

Intellectual Property

• 18.1 The website is owned and operated by us. Unless otherwise specified, all material appearing on the website remains our exclusive property — including text, audio, video, site design, logos, graphics, icons, images, photographs, typefaces, and all other material (collectively, the Content) — as well as the selection, assembly, and arrangement thereof.
• 18.2 The Content is protected by copyrights, trademarks, and other intellectual property laws. Unauthorised use of the Content may violate copyright, trademark, and other laws.
• 18.3 We grant you a non-exclusive, revocable, non-sub-licensable licence to access and display the Content for the sole, personal, and non-commercial purpose of accessing the website and using our Services. Otherwise, you have no rights in or to the Content.
• 18.4 You may not sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content. All goodwill generated from the use of any of our trademarks inures to our benefit.

Acceptable Use

19.1 You must not:

• Copy, modify, or create derivative works based on the content available through our Services
• Infringe the intellectual property rights, privacy, or confidentiality of any third party
• Engage in any activity that may result in injury, death, property damage, and/or liability of any kind
• Post or transmit any unauthorised material — including material that is offensive, inflammatory, defamatory, racist, obscene, or threatening
• Use the website and/or Services for any illegal or unauthorised purpose, or violate any laws in your jurisdiction
• Access or use the website to collect any market research for a competing business
• Use automated means — including spiders, robots, crawlers, or data mining tools — to download or scrape data from the website
• Interfere with or attempt to interrupt the proper operation of the website through viruses, malicious code, Trojan Horses, or any device, software, or routine

Your Content

• 20.1 Website users may post or create content through the website, our Services, and/or other affiliated platforms — including reviews and comments about us (collectively, User Content).
• 20.2 We cannot and do not review the User Content.

20.3 You must not submit, post, or display any User Content that:

• You do not have permission, right, or licence to use, upload, and permit use of
• Infringes the rights (including copyright) of any third party
• Is objectionable, offensive, unlawful, defamatory, deceptive, or harmful
• Is illegal, fraudulent, or manipulative

• 20.4 We may remove User Content that violates these Terms, or that is offensive or otherwise unacceptable to us in our sole discretion.
• 20.5 You expressly acknowledge that once you submit User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such content. You, and not us, are entirely responsible for all your User Content.
• 20.6 You grant us licence to modify, compile, copy, record, transmit, translate, format, distribute, publicly display, and otherwise use or exploit your User Content as reasonably necessary to provide our Services and in the general course of our business.
• 20.7 You indemnify us against all claims, liabilities, damages, and expenses (including legal costs) incurred as a direct or indirect result of the User Content, including any breach of these Terms.
• 20.8 If you have any questions about your User Content or another user's content, you can contact us at hello@themomentum.com.au.

Third Party Products & Linked Websites

21.1 We may use third party products and services in our provision of our Services to you, including Shopify Inc. who provides us with the e-commerce platform that allows us to sell our Products and Services to you (Third Party Products). You acknowledge that:

• Your use of and access to such Third Party Products may be subject to additional fees and separate terms issued by the supplier
• We make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products
• We may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier

• 21.2 The website and our Services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third-party websites.

General Provisions

• 22.1 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership, or joint venture.
• 22.2 These Terms and Conditions, together with any order placed by you, contain the entire understanding between you and us concerning the subject matter, and supersede all prior communications.
• 22.3 Any failure by us at any time to enforce these Terms and Conditions or any rights will not be a waiver of such rights or affect the validity of these Terms.
• 22.4 If any provision is held by a court to be illegal, invalid, or unenforceable, that provision will be severed and the remaining provisions will be unaffected.
• 22.5 These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia, and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms.

These Terms are governed by the laws of New South Wales, Australia.