TERMS OF SERVICE

Terms of Service

(a) About This Website

This website is operated by Bonney Enterprises Pty Ltd trading as GIAAN ACTIVE (“GIAAN ACTIVE”, “we”, “our” or “us”) under the domain name giaanactive.com (“Website”).

Your use of the information, graphics, photographs, text and other materials provided on this Website (“Material”) is subject to these Terms of Service (“Terms”). Our Privacy Policy explains how we handle your personal information.

Purchases made through the Website are also subject to our Terms and Conditions and any applicable promotional conditions disclosed before purchase. If these Terms conflict with our Terms and Conditions regarding a purchase, the Terms and Conditions will prevail to the extent of that conflict.

(b) Links to Third-Party Websites

The Website may include links to websites operated by third parties (“Third-Party Websites”). Unless expressly stated, these links do not indicate that GIAAN ACTIVE endorses or approves those websites, their operators, or their products or services.

We do not control Third-Party Websites or their content. Your use of them may be subject to separate terms and privacy policies, which you should review.

Nothing in this section excludes any responsibility or liability that cannot lawfully be excluded.

(c) Product Information and Supply

Product listings generally invite you to place an order and do not, by themselves, constitute acceptance of an order. The ordering and acceptance process is set out in our Terms and Conditions.

We take reasonable steps to ensure that product descriptions, prices and availability information are accurate. If we identify an error affecting your order, we will contact you and address it in accordance with our Terms and Conditions and applicable law.

Nothing in these Terms excludes our responsibility for product descriptions, representations or promises that are binding under Australian Consumer Law.

(d) Website Content and Availability

We take reasonable care when preparing and maintaining the Website, but cannot guarantee that all Material will always be complete, current or free from errors.

We may update or remove Material as reasonably necessary. Changes will not retrospectively alter accepted orders or remove rights that have already arisen.

We take reasonable steps to maintain Website security, but cannot guarantee uninterrupted access or that the Website or Third-Party Websites will be free from viruses or other harmful components. You should take reasonable precautions to protect your devices and account information.

Any general educational or informational content on the Website is not a substitute for professional advice tailored to your circumstances.

(e) Liability and Consumer Rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under Australian Consumer Law.

GIAAN ACTIVE remains responsible for loss or damage for which it is legally liable. Any entitlement to a refund, replacement, repair or compensation will be determined in accordance with applicable law and our Terms and Conditions.

You are responsible for using the Website lawfully. You must not knowingly introduce malicious software, attempt unauthorised access, or interfere with the operation or security of the Website.

(f) Jurisdiction

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of Queensland courts and courts entitled to hear appeals from them. This does not limit any mandatory consumer protections or rights to bring proceedings in another court or tribunal with jurisdiction.

(g) Copyright and Trade Marks

Intellectual property rights in the Website and its Material, including branding, logos, photographs, graphics, text and designs, are owned by or licensed to Bonney Enterprises Pty Ltd, unless otherwise stated.

GIAAN ACTIVE is a trade mark used by Bonney Enterprises Pty Ltd. All rights in the GIAAN ACTIVE name, trade mark and associated branding are reserved to their respective owners.

You may view the Website and print or download Material for your personal, non-commercial use. Except as permitted by law, you must not reproduce, distribute, modify or commercially exploit Material without prior written permission from the relevant rights holder.

Nothing in these Terms grants you a licence to use the GIAAN ACTIVE name, logos or trade marks. Except as permitted by law, you must not use them without prior written permission, including in a way that falsely suggests an affiliation, endorsement or sponsorship.

Third-party trade marks and proprietary materials remain the property of their respective owners.

(h) Privacy

Please refer to our Privacy Policy for details about how we collect, use, disclose and protect personal information, and how you can make a privacy enquiry or complaint.

(i) Acceptance and Changes to These Terms

By accessing and using the Website, you agree to these Terms.

We may update these Terms by publishing a revised version on the Website. Where a change materially affects your rights or obligations, we will provide reasonable advance notice where practicable.

Changes apply prospectively and do not retrospectively alter accepted orders or rights that have already arisen. Your continued use of the Website after revised Terms take effect constitutes acceptance of those Terms.

Mobile Terms of Service

1. About the Service

The GIAAN ACTIVE mobile messaging service (“Service”) is operated by Bonney Enterprises Pty Ltd trading as GIAAN ACTIVE.

These Mobile Terms of Service (“Mobile Terms”) apply to your participation in the Service.

2. Consent and Message Content

By opting in to receive marketing SMS/text messages from GIAAN ACTIVE, you consent to receive recurring promotional messages at the mobile number you provide. These may include product launches, special offers, promotions and other brand updates.

Consent to marketing messages is voluntary and is not a condition of purchasing products. Simply providing a mobile number for an order does not, by itself, constitute consent to receive marketing messages.

We may also send order updates or other non-promotional service messages where permitted by law. These are separate from your marketing subscription.

3. Message Frequency and Charges

Message frequency will vary.

GIAAN ACTIVE does not charge a subscription fee for the Service. Standard message or data charges may apply under your mobile provider’s plan.

4. Unsubscribing

You may unsubscribe from marketing messages at any time by following the unsubscribe instructions included in a message. Where a message instructs you to reply STOP, you may unsubscribe using that method.

We will action your request as soon as practicable and no later than five working days after your request.

We do not charge a fee to unsubscribe, although standard carrier charges may apply. You will not be required to create an account, log in or provide additional personal information to use the unsubscribe facility supplied in our messages.

Unsubscribing from marketing messages does not prevent us from sending non-promotional communications necessary to manage an existing order or respond to an enquiry, where permitted by law.

5. Your Mobile Number

You must provide a mobile number that you are authorised to use.

If your number changes or you stop using it, please unsubscribe that number or contact us so we can update our records. You may subscribe again using your new number.

6. Availability and Delivery

Message delivery may be affected by mobile network coverage, carrier availability or other technical issues. We cannot guarantee that every message will arrive immediately or without interruption.

Nothing in these Mobile Terms excludes our responsibility for loss or damage for which we are legally liable, or limits any rights that cannot lawfully be excluded.

7. Changes to the Service or Mobile Terms

We may modify, suspend or discontinue the Service where reasonably necessary. Where practicable, we will provide reasonable advance notice of changes that materially affect your participation.

Updated Mobile Terms will be published on the Website and apply prospectively from the stated effective date. Changes will not expand your marketing consent without obtaining any further consent required by law.

You may unsubscribe at any time if you no longer wish to participate.

8. Privacy

We handle personal information collected through the Service in accordance with our Privacy Policy and applicable law.

9. Contact

For assistance with the Service, contact Bonney Enterprises Pty Ltd trading as GIAAN ACTIVE at info@giaanactive.com