TERMS & CONDITIONS

Effective Date: 4 Feb 2025

These Terms and Conditions ("Terms") govern your use of the Whip It Good Brisbane delivery service operated by TurboWhip Pty Ltd (ACN 691 399 229) trading as Whip It Good Brisbane ("we", "us", "our"). By placing an order or using our services, you agree to be bound by these Terms.

Important Disclosures

Before becoming a customer, please note the following key points:

• We may cancel any order at any time before delivery and for any reason. Where we do so, a full refund will be issued via your original payment method.

• Our liability under these Terms is limited to the price paid by you for the products the subject of the relevant claim. We will not be liable for consequential loss.

• We will have no liability for loss of, or damage to, products, injury or loss to any person, failure or delay in providing products, or breach of any law where caused by circumstances beyond our reasonable control or by any act or omission of you or your related parties.

• We may amend these Terms at any time by publishing updated terms on our website.

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

1. Eligibility & Age Verification

You must be 18 years of age or older to place an order with Whip It Good Brisbane. By ordering, you confirm that you meet this age requirement.

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We reserve the right to request valid photo ID proving you are 18 or older at the time of delivery. Refusal to provide valid ID will result in the order being cancelled and the delivery fee may not be refunded.

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Our products are sold for legitimate culinary and food preparation purposes only, in line with manufacturer guidelines. It is an offence to misuse or inhale nitrous oxide products. We do not condone or support misuse of our products in any way.

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Misuse of cream chargers can be dangerous to your health and may result in burns, injury, or death. By ordering, you agree to release us from any claim or liability resulting from misuse of our products, subject to your rights under the Australian Consumer Law.

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2. Use of Our Website

By using our website, you agree not to:

• Do anything unlawful, harmful, or inappropriate

• Breach any individual's privacy or other legal rights

• Defame, harass, threaten, or offend any person

• Interfere with any other user of the site

• Tamper with or modify the website, including by transmitting viruses or malicious code

• Use data mining, robots, or screen scraping tools on the site

• Send unsolicited electronic messages via the site

• Facilitate or assist any third party to do any of the above

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3. Accounts

You may purchase products from us without creating an account, or you may choose to register an account to view your order history.

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You must ensure all personal information provided when creating an account is accurate and up to date. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

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4. Orders

All orders are subject to availability. We reserve the right to accept or reject any order at our discretion. Once we accept an order, a binding agreement is formed for the supply of products in accordance with these Terms.

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By placing an order, you confirm that all information provided (including delivery address and contact details) is accurate and complete. We are not liable for failed deliveries due to incorrect information provided by you.

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Upon payment being validated, we will send you an order confirmation via SMS or email, including a description of your order and an estimated time of arrival.

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You may cancel your order at any time prior to accepting delivery. If your order has already been dispatched, the delivery fee may not be refunded.

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We may cancel a previously accepted order at any time before delivery, including where there is a significant delay in dispatching, where we cannot supply the products due to circumstances beyond our control, or where a product was listed with an error (such as incorrect pricing or description). We will notify you and provide a full refund where applicable.

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5. Pricing & Payment

All prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable. Prices are subject to change without notice. The price confirmed at the time of your order is the price you will be charged.

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Payment must be completed before your order is dispatched. We accept payment methods as listed at checkout. All transactions are processed securely via our third-party payment providers. We do not store any credit card or payment details.

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By paying by debit or credit card, you warrant that you are authorised to use that card for the transaction.

We may from time to time offer promotional discount codes. Discount codes must be entered at the time of checkout and cannot be applied retrospectively. Conditions of use will be outlined at the time of the promotion.

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6. Delivery

We aim to deliver all orders within 20–60 minutes depending on your location, time of day, and current demand. Delivery times are estimates only and are not guaranteed.

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We deliver to designated areas across Brisbane and surrounds as listed on our website. Delivery fees (if applicable) will be displayed at checkout prior to purchase.

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Once your order is dispatched, you will receive a live tracking link via SMS or email. You must be available at the delivery address to accept your order.

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If neither you nor an authorised representative is available to accept delivery, we may leave the products at your premises at our discretion. Risk in the products passes to you upon delivery to your nominated address.

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Title to the products remains with us until the full purchase price has been paid.

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7. Failed Deliveries

If a delivery attempt is unsuccessful due to you not being available or providing an incorrect address, the order may be forfeited without a refund. We will make reasonable attempts to contact you via phone or SMS before a delivery is abandoned.

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8. Returns & Refunds

Please refer to our separate Returns Policy for full details on returns, refunds, and eligibility criteria. Our Returns Policy forms part of these Terms.

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9. Australian Consumer Law

Nothing in these Terms limits or excludes your rights under the Australian Consumer Law (ACL). Our goods come with guarantees that cannot be excluded under the ACL.

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You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

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Where you return products to us to seek an ACL remedy, you may be required to cover associated return costs. Where your claim is valid under the ACL, we will refund your return delivery costs and either dispatch a replacement product or refund the purchase price as applicable.

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10. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability arising from or in connection with these Terms will be limited to the price paid by you for the products the subject of the relevant claim.

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We will not be liable for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, or loss or corruption of data.

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We will not be liable for any loss or damage caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, civil unrest, terrorism, war, pandemic (including COVID-19 and any variants), government-sanctioned shutdowns, or any act or omission of you or your related parties.

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11. Intellectual Property

All intellectual property on our website and in our marketing materials, including logos, images, text, and branding, is owned by TurboWhip Pty Ltd and may not be reproduced, distributed, or used for commercial purposes without our prior written consent.

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We authorise you to use our content solely for personal, non-commercial purposes in the manner intended. You must not copy, modify, reframe, embed, or create derivative works from our intellectual property without written permission.

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12. Dispute Resolution

Neither party may commence court proceedings relating to any dispute arising from or in connection with these Terms without first meeting with the other party in good faith to seek resolution of that dispute, unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause.

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Any notices given under these Terms must be in writing. Notices may be sent by standard post, SMS, or email and will be deemed received 48 hours after posting or at the time of transmission by email or SMS.

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13. Governing Law

These Terms are governed by the laws of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

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14. General

• Assignment: You must not assign any rights or obligations under these Terms without our prior written consent.

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• Entire Agreement: These Terms contain the entire agreement between you and us in respect of their subject matter, subject to your rights under the Australian Consumer Law.

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• Amendment: We may vary these Terms at any time by publishing updated terms on our website. We recommend you review the Terms before each order.

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• Third Party Sites: Our website may contain links to third-party websites. We do not control, endorse, or take responsibility for the content of those websites.

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• Feedback & Complaints: We welcome your feedback. Please contact us using the details below and we will take reasonable steps to address any concerns.

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15. Contact Us

For any questions, notices, or complaints regarding these Terms, please contact us:

• 📞 Phone/SMS: 0422 150 370

• 📧 Email: whipitgoodbrisbane@gmail.com

• 📍 Address: 19 Hope Street, South Brisbane 4101

TurboWhip Pty Ltd (ACN 691 399 229) trading as Whip It Good Brisbane

19 Hope Street, South Brisbane QLD 4101

Phone: 0422 150 370

Email: whipitgoodbrisbane@gmail.com

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