Terms + Conditions

Effective Date: 5 January 2024

Welcome to www.pheed.com.au (Site).

This Site is owned and operated by Pheed Pty Ltd ABN 17 662 762 567 / ACN 662 762 567 trading as Pheed (referred to in these terms as “Pheed”, “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).

CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.

DISCLAIMER

The products sold on this Site are not intended to diagnose, treat, cure, or prevent any disease. The information provided by this Site, or Pheed, is not a substitute for a consultation with your doctor or healthcare practitioner and should not be construed as individual medical advice.

NUTRITIONAL INFORMATION

Nutritional information provided on our Site is based on extensive research. Before relying on any nutritional information on our Site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Nutrient data published on our Site may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.

REQUIREMENT TO OBTAIN PROFESSIONAL MEDICAL ADVICE

All content on our Site is for informational and educational purposes only.

Any statements appearing on our Site have not been evaluated by any other national or international agencies.

None of the content or Products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.

The Products and content found on our Site are not intended as a substitute for the advice provided by your doctor or other healthcare professional.

You should always speak with your doctor or other healthcare professional before taking any new health supplements, adopting any treatment for a health problem or before adopting any new fitness or dietary regime or otherwise purchasing any of our Products.

If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breastfeeding, you should contact your health care provider before purchasing our Products.

Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.

You should be in good health and physically fit when using our Products, failure to be in good health may result in adverse health consequences.

Please seek medical advice in regards to your health conditions and physical fitness.

If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

CREATING AN ACCOUNT

To place orders and access some features of our Site, you may have to register an account. This means you’ll 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 accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so 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.

PRICES AND PAYMENT

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 validated.

We reserve the right at any time to modify or discontinue any product without notice at any time. We shall not be liable to you, or to a 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 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 notified by us from time to time. 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.

If you have any issues with payment do not hesitate to contact us at info@pheed.com.au

REFUNDS AND CANCELLATION

Your rights to refund or replacement (if applicable) are as prescribed under the “consumer guarantees” as defined by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Guarantees”) (“Australian Consumer Law”).

In the event of any defect with any Product(s) that you have purchased on or through our Site, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Product(s) in question (where applicable), or refund to the value of those Product(s) If you believe any of the Products purchased on or through our Site contain a defect, you must notify us immediately by emailing us at info@pheed.com.au

RETURNS

Please refer to our Returns Policy. Unfortunately, we do not offer refunds for change of mind returns.

SHIPPING

We ship domestically within Australia. Your orders will be dispatched and posted within 2 business days. Once dispatched, shipping time will vary depending on the type of shipping selected. We will use our best endeavours to meet stated timeframes for delivery. We acknowledge that, from time to time our shipping service providers may suffer delays beyond our control. Our experience suggests that delivery usually takes 3 to 10 business days and express shipping takes 1 to 3 business days however you should allow up to 15 days delivery (for standard and express post). We reserve the right to modify, change or discontinue any delivery options at our discretion. We are not responsible for items lost or damaged in transit as title and risk in the product passes to you once dispatched by us.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

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 solely 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 using an electronic device, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

INFORMATION AND ADVICE

Our Site may contain content, including digital products, blog articles, and other information. If this is the case, all of this content is of a general informational nature only and is not intended to constitute or replace professional advice or medical advice, including diagnosis or treatment, 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.

Our products should not be used to treat, cure, or prevent any medical condition and should not be used for therapeutic purposes.

We make no guarantee as to the results that you may experience from using our products or the information, we make available on this website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, health history, lifestyle, and diet. Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant, breastfeeding or have a health condition. Always read instructions for use carefully. You acknowledge that you use our products at your own risk.

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 or imply our endorsement, sponsorship or recommendation in any way.

PRODUCTS

We do our best to ensure that the colours of any products are accurately displayed. Please note that the colours of products on our Site may seem different to the actual colours depending on the device you use.

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.

All products must be used in accordance with the instructions provided. Please check the ingredients of any product before purchase to avoid any potential sensitivities and/or allergic reactions. You bear sole responsibility for deciding if the products offered on our Site are suitable for you and your needs. Please consult with a medical practitioner regarding your use of any of the products available on our Site.

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.

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products, as it helps us to improve our Site and our products. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site 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 represent and 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;
  • you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
  • the content does not violate these Terms; and
  • you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment 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 to which 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 content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.

COMPETITIONS

We may from time to time run competitions through this 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.

TESTIMONIALS

On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses or products will achieve the same or similar results.

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use our Site or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to 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 Service; corrupt data; cause annoyance to other users;
  • infringe upon the rights of any other 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.

NO MINORS

By using our Site, accessing or purchasing any products, 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.

CHANGES TO 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 use this Site.

By remaining on this Site and 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 during your use of our Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

INTELLECTUAL PROPERTY

Our Site and products contain intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, products and content does not grant or transfer any rights, title, or interest to you in relation to this Site, the products or the content.

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, the products and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and/or Content, without refund, if you are found to be violating these Terms.

LINKS TO OTHER WEBSITES

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 and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.

PRIVACY

By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

WARRANTIES AND DISCLAIMERS

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 the products we sell, 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.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and 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 the fact that content on our Site or in our services is inaccurate, incomplete or out of date. 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).

OUR RIGHT TO BE INDEMNIFIED BY YOU

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.

BREACH AND TERMINATION

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.

FORUM OF DISPUTE

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Western Australia, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

SEVERABILITY

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

CEASING OUR WEBSITE

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.

ASSIGNMENT

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

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, 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.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State Western Australia, 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 quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia. The offer and acceptance of this contract is deemed to have occurred in Western Australia, Australia.