Terms of Service

Last updated: 1 April 2025

OVERVIEW

This website is operated by Balancia. Throughout the site, the terms "we", "us" and "our" refer to Balancia. We offer 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 and conditions ("Terms of Service"). These Terms of Service apply to all users of the site, including browsers, customers, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates to our website. Your continued use of the site following any changes constitutes your acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, or that you have obtained the consent of a parent or guardian to allow any minor dependents to use this site.

You may not use our products or services for any illegal or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction in connection with your use of the Service.

You must not transmit any malicious code, viruses, or other harmful programs through the Site.

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

SECTION 2 – GENERAL CONDITIONS

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

You acknowledge that your content (excluding payment information) may be transmitted unencrypted and may involve transmissions over various networks or changes necessary to conform to technical requirements. All payment information is encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from Balancia.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, incomplete or out of date. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time. It is your responsibility to monitor any changes made to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part thereof, at any time and without notice.

Balancia shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively through our website and may be subject to limited availability. These products are subject to our Returns & Refunds Policy.

We have made every effort to display product colours and images as accurately as possible. However, we cannot guarantee that your device's display will accurately reflect the actual colours of our products.

We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction at our sole discretion. We also reserve the right to limit quantities, modify product descriptions or pricing, or discontinue any product at any time without notice.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order at our discretion. We may limit or cancel quantities purchased per person, per household or per order. In the event that an order is changed or cancelled, we will attempt to notify you using the contact details provided at the time of purchase.

You agree to provide accurate, complete and current purchase and account information for all transactions made through our site. You are responsible for keeping your account details up to date so that we may complete your transactions and contact you as needed.

SECTION 7 – THIRD-PARTY TOOLS

We may provide access to third-party tools over which we have no control or oversight. Access to such tools is provided on an "as is" and "as available" basis, without any warranties or endorsement from Balancia. Your use of any optional third-party tools is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

Our Site may contain links to third-party websites that are not affiliated with Balancia. We are not responsible for the content, accuracy or practices of any third-party sites. We recommend that you review the terms and policies of any third-party website before engaging in any transaction. Any complaints or concerns regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – USER SUBMISSIONS AND COMMENTS

If you submit feedback, ideas, suggestions or other materials to us, you agree that we may use such submissions at any time and without restriction. We are not obligated to maintain confidentiality over any submissions, provide compensation for them, or respond to them.

You agree that any content you submit will not infringe the rights of any third party, contain unlawful or harmful material, or include any malicious code or software. You are solely responsible for the accuracy and appropriateness of any content you submit.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our site is governed by our Privacy Policy, which is available on our website.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability or shipping details. We reserve the right to correct any such errors and to update or cancel orders where information is found to be inaccurate, at any time and without prior notice.

SECTION 12 – PROHIBITED USES

In addition to the other restrictions outlined in these Terms, you are prohibited from using the Site or its content to:

  • Engage in any unlawful or unauthorised activity
  • Violate any applicable Australian or international laws or regulations
  • Infringe upon the intellectual property rights of Balancia or any third party
  • Harass, abuse, defame or discriminate against any individual or group
  • Submit false or misleading information
  • Upload or transmit malicious code or software
  • Collect or track the personal information of others without consent
  • Engage in spam, phishing or scraping activities
  • Interfere with the security or functionality of the Site

We reserve the right to terminate your access to the Service for any violation of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

Your use of the Service is at your sole risk. The Service and all products delivered through it are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied.

To the fullest extent permitted by law, Balancia, its directors, employees, affiliates, agents and service providers shall not be liable for any direct, indirect, incidental, special or consequential damages arising from your use of the Service, including but not limited to loss of profits, loss of data, or any other loss or damage of any kind.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Balancia and its officers, directors, employees, agents and service providers from any claims, losses, liabilities, costs or expenses (including reasonable legal fees) arising from your breach of these Terms of Service or your violation of any applicable law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be severed from these Terms to the extent necessary, and shall not affect the validity or enforceability of the remaining provisions.

SECTION 16 – TERMINATION

These Terms of Service remain in effect unless terminated by either you or us. You may terminate these Terms at any time by ceasing to use our Site and notifying us of your intention to do so.

We reserve the right to terminate your access to the Service at any time, without notice, if we determine that you have failed to comply with any provision of these Terms. You will remain liable for any outstanding amounts up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, together with any policies published on our Site, constitute the entire agreement between you and Balancia with respect to your use of the Service, and supersede all prior agreements, communications or understandings, whether written or oral.

The failure of Balancia to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

SECTION 18 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms of Service at our sole discretion. Changes will be posted on this page with an updated date. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms.

SECTION 20 – CONTACT

For any questions regarding these Terms of Service, please contact us at drinkbalancia@gmail.com.