Carnivore Kickstart Terms of Sale Agreement
PLEASE READ THESE TERMS CAREFULLY AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Carnivore Kickstart trading as Beyond Caffeine Pty Ltd (“WE”, “US”, “OUR”).
By placing an order for products or services from this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale. If you do not agree with these Terms, you must not place an order or use this Site.
These Terms are governed by Australian law, including the Australian Consumer Law (ACL), and your rights under these Terms exist in addition to your statutory rights under the ACL.
Acceptance of Terms
1.1 By placing an order on the Site, you confirm that:
You are at least 18 years old or have legal capacity to enter into a binding agreement.
You have read and agreed to these Terms in their entirety.
You are placing the order for personal use and not for resale or unauthorised commercial purposes.
1.2 Your order constitutes an offer to purchase the products or services listed in your order. We reserve the right to accept or reject any order at our sole discretion. If your order is accepted, we will issue you a confirmation email with the order details.
1.3 Any changes to these Terms will be posted on our Site. Continued use of the Site after changes are posted constitutes acceptance of those changes. Updates to these Terms apply only to orders placed after the update date and will not affect prior transactions.
2. Products for Informational Purposes Only
2.1 All products sold on this Site, including digital products and supplements, are for informational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
2.2 The information provided on this Site is not a substitute for professional medical advice, diagnosis, or treatment. You must consult with a qualified healthcare professional before purchasing or using any of our products.
Health Disclaimer
3.1 By purchasing and using our products, you agree that:
You have obtained medical clearance from a qualified healthcare professional to use any of the products sold on our Site.
You understand and accept that failure to consult a healthcare professional before purchasing or using our products may result in adverse effects for which we are not liable.
3.2 To the extent permitted by law, we are not liable for any damages, injuries, or health issues arising from your use of our products if you fail to seek professional medical advice prior to use.
3.3 Refund requests based on a change of mind will be rejected if you have not obtained medical clearance prior to purchase, as outlined in these Terms.
3.4 Supplements sold on this Site may not be suitable for everyone, particularly those with allergies, pre-existing health conditions, or who are pregnant or breastfeeding. You must consult a qualified healthcare professional before use. We are not liable for any adverse effects resulting from failure to follow this advice.
Pricing and Payment
4.1 All prices displayed on the Site are in United States Dollars (USD) unless otherwise stated. Any applicable taxes, fees, or charges (including GST, where applicable) will be calculated and displayed at checkout.
4.2 Prices are subject to change without notice but will not affect orders already placed and confirmed. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund.
4.3 Payment must be received in full before an order is processed. By providing payment information, you represent and warrant that:
The payment information is correct, and you are authorised to use the payment method provided.
Your purchase will not violate any applicable laws.
4.4 We use secure third-party payment processors to manage payments. Your payment details will be handled securely and in accordance with our Privacy Policy.
Returns and Refunds
5.1 Digital Products:
Digital products containing proprietary information are non-refundable unless specifically stated otherwise on the Site.
You are responsible for ensuring that your device is compatible with the digital products purchased. Refunds will not be provided for incompatibility issues unless required by Australian Consumer Law.
5.2 Supplements:
If you wish to return supplements, they must be unopened, unused, and in their original packaging.
You agree to return the supplements to our Australian returns address at your own cost, unless otherwise required under the Australian Consumer Law or explicitly stated on our Site.
Refunds for supplements will only be processed after we have received and inspected the returned items.
5.3 Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
5.4 Change of Mind:
Refunds or exchanges for change of mind are not offered unless otherwise stated on the Site.
Refund requests for change of mind will be rejected if you fail to obtain medical clearance from a healthcare professional prior to purchase, as outlined in these Terms.
5.5 Refund Process:
Refunds, where applicable, will be processed using the original payment method within a reasonable time after approval.
Shipping and Delivery
6.1 Digital Products:
Digital products will be made available for download or access after payment is successfully processed. We are not responsible for delays caused by technical issues outside of our control.
6.2 Supplements and Physical Products:
Shipping times are estimates only and may vary depending on your location and external factors beyond our control. We are not liable for delays caused by third-party shipping providers.
Risk of loss or damage to goods passes to you upon delivery. Title to the goods remains with us until full payment is received.
6.3 International Orders:
If you are ordering from outside Australia, you are responsible for any additional customs duties, taxes, or fees that may apply in your jurisdiction.
7. Prohibited Use of Website
7.1 You agree not to use this Site for any unlawful purpose, including but not limited to:
Fraudulent transactions.
Unauthorized access to our systems.
Copying or scraping content from the Site without authorization.
7.2 We reserve the right to terminate your access to the Site and take legal action if you engage in prohibited activities.
Limitation of Liability
8.1 To the extent permitted by law, our liability is limited to:
The replacement or repair of goods, or payment of the cost of such replacement or repair.
The re-supply of services, or payment of the cost of such re-supply.
8.2 In no event will we be liable for indirect, incidental, or consequential damages, including loss of profits, revenue, or data, unless required by law.
Force Majeure
We are not liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions, labor strikes, supply chain disruptions, or technical failures.
Dispute Resolution
Before initiating any legal action, you agree to contact us to resolve disputes in good faith. If the dispute cannot be resolved within 30 days, both parties may pursue legal remedies. This clause does not limit your rights under the Australian Consumer Law.
Intellectual Property
11.1 All digital products, including proprietary information, remain the intellectual property of Carnivore Kickstart. By purchasing a digital product, you are granted a non-transferable, non-exclusive license to use the product for personal purposes only. Unauthorized sharing, reproduction, or distribution is prohibited.
11.2 All trademarks, logos, and content on the Site remain our intellectual property or that of our licensors.
Privacy and Data Protection
Your personal information will be handled in accordance with our Privacy Policy, available on the Site.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia.