Terms of service


These Terms of service (“Terms”) govern your access to and use of the Aerify Pty Ltd website (the “Site”), as well as your purchase and use of our products. By using the Site or purchasing our products, you agree to be bound by these Terms. Please read them carefully. 

 

1. DEFINITIONS 

  • Aerify Pty Ltd, we, us, or our means Aerify Pty Ltd ABN 64 684 257 743.
  • Site means our website located at www.aerify.com.au.
  • Products means the goods we make available for purchase on the Site.
  • Price means the purchase price of the Products as listed on the Site, including any applicable taxes.
  • You or your means the individual accessing the Site or purchasing our Products. 

 

2. ACCEPTANCE OF TERMS 

By accessing or using the Site, or purchasing our Products, you agree to comply with and be legally bound by these Terms. If you do not agree, you must not use the Site or purchase our Products. 

 

3. ELIGIBILITY 

To purchase our Products, you must be at least 18 years old or have the consent of a parent or legal guardian. By placing an order, you represent and warrant that you meet this requirement. 

 

4. ORDERS 

When you place an order through the Site: 

  • You are making an offer to purchase the selected Products at the listed Price;
  • We may accept or reject any order at our sole discretion; and
  • Once accepted, you will receive an order confirmation, forming a binding agreement between you and us under these Terms. 

We reserve the right to cancel orders (for example, where Products are unavailable or where there has been a pricing error). If we cancel an order after payment has been received, we will refund you in full. 

 

5. PRICE & PAYMENT 

All Prices are listed in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), unless otherwise specified. 

Payment must be made at the time of order through the payment methods available on the Site. By providing your payment details, you authorise us (or our third-party payment providers) to charge the full Price. 

We reserve the right to change Prices at any time, but such changes will not affect any order already confirmed. 

 

6. PROMOTIONS & DISCOUNTS 

From time to time, we may offer special promotions, discounts, or offers. These are subject to any additional terms we specify at the time, including eligibility requirements and time limits. 

Promotions cannot be applied retrospectively to past purchases and may not be combined unless expressly stated. We reserve the right to withdraw or amend any promotion at our discretion. 

 

7. DELIVERY 

We aim to deliver Products to the address provided at checkout. 

  • Delivery is available across Australia (subject to courier coverage) and selected international locations as stated on the Site.
  • Delivery fees (if applicable) will be clearly shown at checkout.
  • Any delivery timeframes provided are estimates only, based on information from our delivery partners. 

You are responsible for ensuring your delivery details are accurate. If your parcel is returned to us due to incorrect details or failure to collect, we may resend it at your expense. 

Some deliveries may require a signature. Risk in the Products passes to you on delivery. Ownership transfers once we receive full payment of the Price.  

 

8. AUSTRALIAN CONSUMER LAW 

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). 

Our Products come with guarantees that cannot be excluded under the ACL. You are entitled to: 

  • A replacement or refund if a Product has a major failure, and compensation for any reasonably foreseeable loss or damage; and
  • Repair or replacement if the Product is not of acceptable quality and the failure does not amount to a major failure.  

If you return a Product under the ACL, we will cover the reasonable return delivery costs. Please contact us to arrange this. 

 

9. INTELLECTUAL PROPERTY 

All intellectual property rights in the Site and our Products (including copyright, trademarks, designs, and other proprietary rights) are and remain the property of Aerify Pty Ltd. 

You must not, without our prior written consent: 

  • Copy, reproduce, distribute, or publish our intellectual property;
  • Modify or create derivative works; or
  • Resell our Products (including online platforms such as Amazon, eBay, or retail outlets). 

Any unauthorised resale is a breach of these Terms and may result in legal action. Please contact us if you are interested in authorised wholesale or retail arrangements. 

 

10. LIMITATIONS 

To the maximum extent permitted by law: 

  • Our total liability arising in connection with these Terms or our Products is limited to the total Price paid by you; 
  • We are not liable for indirect, incidental, or consequential loss (including loss of profit, goodwill, opportunity, savings, or data); and
  • We are not liable for any loss or damage caused by misuse of our Products, third-party actions, or events beyond our reasonable control. 

 

11. COLLECTION NOTICE 

We collect your personal information to: 

  • Process and deliver your orders;
  • Communicate with you and respond to enquiries;
  • Provide access to and improve the Site; and
  • Fulfil any other purposes described in our Privacy Policy. 

We may share your information with third-party service providers or as required by law. By providing your information, you consent to our collection, use, and disclosure in accordance with our Privacy Policy.  

 

12. WARRANTIES 

Some Products may include a manufacturer’s warranty. Details will be available on the Site or with the Product packaging. These warranties apply in addition to your rights under the ACL. 

 

13. INDEMNIFICATION 

You agree to indemnify and hold harmless Aerify Pty Ltd, its directors, officers, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from: 

  • Your breach of these Terms;
  • Your misuse of our Products or Site; or
  • Claims made by third parties in connection with your use of our Products. 

In particular, you acknowledge that use of mouth tape products carries inherent risks, including breathing difficulties or suffocation, and agree to assume all responsibility for their safe use in accordance with our instructions and warnings. 

This indemnity survives termination of these Terms. 

 

14. AFFILIATE PROGRAM 

We may operate an Affiliate Program for approved partners. Affiliates must comply with all program rules, applicable laws, and marketing standards. 

We may withhold or cancel commissions, or terminate an affiliate’s participation, if these Terms or the program guidelines are breached. Separate terms apply under the Affiliate Program Agreement. 

 

15. GENERAL 

  • Severability: If any part of these Terms is invalid, the remaining parts continue in force.
  • Entire Agreement: These Terms form the entire agreement between you and Aerify Pty Ltd.
  • Waiver: Our failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our written consent. We may assign without restriction.
  • Force Majeure: We are not liable for events outside our reasonable control. 

 

16. GOVERNING LAW & JURISDICTION 

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal.