Terms of Service

Overview

This website is operated by Australian Evolution. Throughout the site, the terms “we”, “us”, and “our” refer to Australian Evolution.

By accessing our website or purchasing from us, you agree to be bound by these Terms of Service, including any additional policies referenced on our website, including our Shipping Policy, Returns Policy, and Privacy Policy.

These Terms apply to all users of the website, including customers, browsers, merchants, and contributors of content.

We reserve the right to update or modify these Terms at any time without prior notice. Continued use of our website following any updates constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services securely online.

Section 1 – Online Store Terms

By using this website, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependents to use this site under your supervision.

You may not use our products or services for any unlawful or unauthorised purpose, including violating any applicable laws or regulations.

You must not transmit any viruses, malicious code, or harmful software through our website or services.

Any breach of these Terms may result in termination of access to our services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone at any time for lawful reasons.

You understand that content submitted through the website (excluding payment information) may be transferred over various networks and adapted to technical requirements of connecting devices or systems.

All payment information is encrypted and processed securely.

You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the website or services without written permission from Australian Evolution.

Section 3 – Website Information

We aim to ensure all information on our website is accurate and up to date; however, occasional errors or omissions may occur.

Product descriptions, pricing, availability, transit times, promotions, and other information may change without notice.

We reserve the right to correct errors, update information, or cancel orders where necessary.

Section 4 – Products & Services

Some products or services may only be available online and may have limited quantities.

We make every effort to display product colours and images accurately; however, actual colours may vary depending on device or monitor settings.

All products are subject to availability, and we reserve the right to discontinue products or limit quantities at our discretion.

We do not guarantee that products, services, or information will meet every individual expectation.

Section 5 – Orders & Billing Information

We reserve the right to refuse, limit, or cancel orders where necessary, including orders suspected of being fraudulent, unauthorised, or placed by resellers.

You agree to provide accurate and current billing, shipping, and account information for all purchases made through our website.

For further information regarding returns and refunds, please refer to our Returns Policy.

Section 6 – Pricing & Promotions

Prices for products may change without notice.

Promotions, discount codes, flash sales, and special offers are available for limited periods only and cannot be applied retrospectively to previous purchases unless required by law.

We reserve the right to modify or discontinue promotions at any time.

Section 7 – Third-Party Services & Links

Our website may contain links to third-party websites, services, or tools that are not controlled by Australian Evolution.

We are not responsible for the content, accuracy, or practices of third-party websites and encourage users to review their terms and privacy policies before engaging with them.

Use of third-party services is at your own discretion and risk.

Section 8 – User Comments & Submissions

If you submit reviews, comments, feedback, suggestions, or other content to us, you agree that we may use, reproduce, edit, publish, or share that content without restriction.

You agree not to submit content that is unlawful, misleading, offensive, defamatory, abusive, or infringes upon the rights of others.

We reserve the right to remove content that breaches these Terms.

Section 9 – Personal Information

Your submission of personal information through our website is governed by our Privacy Policy.

Please review our Privacy Policy for more information regarding how your data is collected, used, and protected.

Section 10 – Prohibited Uses

You are prohibited from using this website or its content:

• For unlawful purposes
• To violate any laws or regulations
• To infringe intellectual property rights
• To upload malicious software or harmful code
• To transmit spam, phishing attempts, or fraudulent content
• To collect personal information unlawfully
• To interfere with website security or functionality

We reserve the right to terminate access to our services for breaches of these Terms.

Section 11 – Disclaimer & Limitation of Liability

To the maximum extent permitted by law, Australian Evolution does not guarantee uninterrupted or error-free access to the website or services.

Products and services are provided on an “as available” basis.

Australian Evolution is not liable for indirect, incidental, or consequential damages arising from use of the website, products, or services, except where liability cannot be excluded under Australian Consumer Law.

Nothing in these Terms excludes rights or remedies available under Australian Consumer Law.

Section 12 – Indemnity

You agree to indemnify and hold harmless Australian Evolution, its employees, contractors, affiliates, and service providers from claims, liabilities, damages, or expenses arising from your breach of these Terms or misuse of the website.

Section 13 – Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.

Section 14 – Termination

These Terms remain effective unless terminated by either you or Australian Evolution.

We may suspend or terminate access to our services where we reasonably believe a user has breached these Terms or engaged in unlawful activity.

Section 15 – Governing Law

These Terms of Service are governed by the laws of Australia.

Any disputes relating to these Terms or use of the website will be subject to the applicable laws and courts of Australia.

Section 16 – Changes To Terms

We reserve the right to update or modify these Terms at any time by posting updates on this page.

It is your responsibility to review these Terms periodically for changes.

Section 17 – Contact Information

Questions regarding these Terms of Service may be directed to our support team through our Contact Us page or by emailing:

hello@australianevolution.com.au

Section 18 – SMS & Mobile Messaging

By subscribing to Australian Evolution SMS updates, you agree to receive recurring text messages relating to orders, promotions, cart reminders, and marketing updates.

Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier.

You may opt out at any time by replying STOP to any message received.

For assistance, please contact hello@australianevolution.com.au

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect and use personal information.