Terms of service

This website is operated by eShopping Group Pty Ltd trading as PeakMe (ABN: 23 606 860 806). Throughout the site, the terms “we”, “us” and “our” refer to eShopping Group Pty Ltd trading as PeakMe.

PeakMe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”). These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the terms and conditions, you may not access the website or use any services.

Any new features or tools added to the store will also be subject to these Terms. We may update these Terms from time to time by posting changes on our website. Your continued use of the site after changes are posted constitutes acceptance.

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

1. Online Store Terms

• You must be at least the age of majority in your state or territory of residence, or you have given consent for any of your minor dependents to use this site.
• You may not use our products for unlawful purposes or violate any laws in your jurisdiction.
• You must not transmit viruses, worms, or malicious code.

A breach of these Terms will result in termination of your access to our Services.

2. General Conditions

• We reserve the right to refuse service to anyone for any reason at any time, subject to your rights under the Australian Consumer Law (ACL).
• Content (excluding credit card details) may be transferred unencrypted across networks. Credit card information is always encrypted during transfer.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our written consent.

3. Accuracy of Information

• We do our best to ensure information on the site is accurate, but errors, inaccuracies, or omissions may occur.
• We are not liable if information on this site is not complete, accurate, or current. Reliance on site material is at your own risk.

4. Modifications to Service and Prices

• Prices are subject to change without notice.
• We may modify or discontinue any part of the Service without notice.

5. Products and Services

• Certain products or services may be available exclusively online. These may have limited quantities and are subject to our Return Policy.
• Colours and product images are displayed as accurately as possible, but we cannot guarantee display accuracy on your device.
• We may limit the sale of products or services on a case-by-case basis.
• All descriptions of products and pricing are subject to change without notice.
  
  

Promotions and Offers

• Promotions and discounts are subject to specific conditions. They may be withdrawn or changed at any time.
• Unless otherwise stated, promotions cannot be combined with other offers or applied to past purchases.
• Codes must be valid and applied at checkout. They cannot be added retrospectively.

6. Accuracy of Billing and Account Information

• We reserve the right to refuse or cancel any order. Restrictions may apply to multiple orders under the same account, payment method, or address.
• You must provide accurate and current billing and account information.

7. Third-Party Tools and Links

• We may provide access to third-party tools or links. We are not responsible for their availability, content, or accuracy.
• Use of third-party products, services, or websites is at your own risk and subject to their terms.

8. User Comments, Feedback and Submissions

• By submitting comments, suggestions, or other materials, you grant us a royalty-free licence to use, reproduce, and distribute them.
• You must not submit unlawful, defamatory, obscene, or infringing content.

9. Personal Information

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

10. Returns, Refunds and Consumer Rights

• 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.
• If the goods fail to be of acceptable quality and the failure does not amount to a major failure, you are entitled to have the goods repaired or replaced.
• Full details of our process are outlined in our Return Policy, available on our website.
  
  

11. Prohibited Uses

You may not use the site for:
(a) unlawful purposes;
(b) violating laws or regulations;
(c) infringing our intellectual property;
(d) harassing or discriminating against others;
(e) uploading malicious code;
(f) collecting personal information unlawfully;
(g) spamming or scraping;
(h) interfering with site security.

We may terminate your access if you breach these conditions.

12. Disclaimer of Warranties and Limitation of Liability

• Nothing in these Terms excludes, restricts, or modifies any consumer rights under the ACL.
• Except as required by law, our services and products are provided “as is” and “as available” without warranties of any kind.
• To the extent permitted by law, our liability is limited to:
  • replacement or repair of the goods,
  • supply of equivalent goods, or
  • payment of the cost of having the goods replaced or repaired.

13. Indemnification

You agree to indemnify PeakMe against claims arising from your breach of these Terms or violation of law.

14. Severability

If any provision is unlawful or unenforceable, it will be severed without affecting the remaining provisions.

15. Termination

These Terms remain effective unless terminated by either party. We may terminate if you breach these Terms.

16. Entire Agreement

These Terms, along with our policies (including Privacy Policy and Return Policy), constitute the entire agreement between you and us.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

18. Competitions and Giveaways

• By entering, you confirm eligibility and compliance with these terms.
• Unless stated otherwise, one entry per person per giveaway.
• Giveaways will state start and end dates, and winners will be chosen randomly.
• Prizes are not transferable or exchangeable.
• We may cancel, suspend, or modify giveaways if fairness is compromised.
• By entering, you consent to PeakMe using your name, image, and entry for promotional purposes in accordance with Australian law.
• Winners will be notified within two (2) days via the contact details provided. Unclaimed prizes may be forfeited.
• If prize value exceeds regulatory thresholds, the competition will be conducted in compliance with relevant state and territory permit requirements.
  

19. Contact Information

Questions about these Terms should be sent to:
📧 support@peakme.com.au
📍 eShopping Group Pty Ltd trading as PeakMe | ABN: 23 606 860 806