Terms of service

1 Overview

This website is operated by CM Active. Throughout the site, the terms “we”, “us” and “our” refer to CM Active. CM Active 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 and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

2 Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

3 General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4 Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5 Modifications to the Service and Prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6 Products or Services (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7 Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.

8 Payment

Payment methods are shown at checkout.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.
Your credit card or debit card will only be charged when you confirm your order.
All payments by credit card or debit card need to be authorized by the relevant card issuer. From time to time, we may also use extra security steps via Verified by Visa, Mastercard ® SecureCodeTM or equivalent services.
If your payment is not received by us and you have already received your Products, you:
- Must pay for such Products within 7 days; or
- Must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
The price of the Products is:
- In Australian Dollars ($AUD);
- Excludes GST at the applicable rate; This is added at checkout.
- Does not include the cost of delivering the Products (delivery options and costs will be provided before you place your order).
Title to the Products will remain with us until we have received the Purchase Price in full together with any applicable taxes, duties, shipping or delivery costs or other fees or charges payable by us in relation to your Products.

9 Taxes, Duties and Other Charges

Unless otherwise stated, our prices do not include GST, insurance, shipping and/or delivery costs and import charges (such as customs duties or levies) or other applicable taxes or duties.
By making a purchase on our website, you acknowledge that you are responsible for any GST, insurance, shipping costs and import charges (such as customs duties or levies) or other applicable taxes or duties.

10 Shipping and Delivery Costs

Unless otherwise stated, you agree to pay any applicable shipping and/or delivery costs related to your Products.
Shipping and/or delivery costs vary depending on your chosen delivery method and delivery location.
Applicable shipping and/or delivery costs are published on our website at the time of your purchase.
By making your purchase, you agree to the applicable shipping and/or delivery costs as published on our website or communicated to you at the time of your purchase.

11 Delivery of Physical Products

Orders are processed next business day after receipt of order. Shipping in most cases will be by Australia Post. Delivery will be as per Australia Post published delivery timelines.
Delivery costs are added to your order before completion and payment. Costs are based on weight of the product. Our shopping cart automatically calculates weight of goods then charges shipping accordingly.
If something happens which:
- Is outside of our control; and
- Affects the estimated date of delivery;

We will let you have a revised estimated date for delivery of the Products.

Delivery of the Products will take place when we deliver them to the address that you gave to us. Orders will be left at the physical address if no one is there to receive the goods.
We may be unable to deliver the Products if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or driving licence) on delivery of Products.
Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:
- Let you know;
- Cancel your order; and
- Give you a refund.
You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
We may deliver your Products in installments. To check if your Products may be delivered in this way, click on the check the delivery details during the online checkout process.

12 Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

13 Third-Party Links

Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14 User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15 Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on our site.

16 Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17 Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18 Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CM Active, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19 Limitation of Liability

Notice to the Buyer:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The Buyer may have certain rights under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws.
The ACL may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller (“Statutory Rights”)
The Seller’s liability to the Buyer is governed solely by the ACL and these Terms. To the maximum extent permitted by law, and except as otherwise expressly provided in these Terms, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer’s Statutory Rights and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Products are fit for a particular purpose.
The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Products and for determining whether the Products are fit for the Buyer’s purpose.
The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or indirect loss or damage which may result from the Buyer’s use of Products. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind, including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.
When the Buyer’s Statutory Rights apply, to the minimum extent possible, the Seller’s liability in respect of any claim is limited to, at the Seller’s option:
- A repair of the Products;
- A replacement of the Products;
- A refund of the Purchase Price paid by the Buyer.
The Seller’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Subject to the sub-clauses below titled “Exceptions”, we shall not be liable for any of the following (whether direct or indirect):
- Loss of profit;
- Loss or corruption of data;
- Loss of use;
- Loss of production;
- Loss of contract;
- Loss of opportunity;
- Loss of savings, discount or rebate (whether actual or anticipated); or
- Harm to reputation or loss of goodwill.
Exceptions:
- The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms;
- Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way or in respect of the following:
  - Death or personal injury caused by negligence;
  - Fraud or fraudulent misrepresentation;
  - Any other losses which cannot be excluded or limited by applicable law;
  - Any losses caused by willful misconduct;
- This clause will survive the termination or expiration of these Terms.

20 Indemnification

You agree to indemnify, defend and hold harmless CM Active and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21 Rights of Third Parties

No one other than a party to these Terms has any right to enforce any of these Terms.

22 Confidentiality and Intellectual Property

For the purposes of this clause, “Intellectual Property” may include but is not limited to:

Any and all inventions, patents, utility models, design rights, copyright, know how, trade secrets, trade marks, trade names, confidential information, service marks, and goodwill subsisting in, resulting from or relating to the Products, or any documents, drawings, specifications and/or patterns relating thereto either:

Supplied by us to you in connection with the Products; or
Supplied by us to you or disclosed or obtained by you pursuant to or as a result of these Terms; or
Resulting from the Products, unless otherwise expressly agreed by the Seller in writing.
You shall not, under any circumstances acquire any right in or to any Intellectual Property.
We shall have the right to apply any trade marks, trade names and/or service marks to the Products. You acknowledge that no rights are granted to you by the use by you of such trade marks, trade names and/or service marks. You shall not deface, remove or obliterate any trade marks, trade names or logos applied by the Seller on or in relation to the Products.
If you shall in any way acquire any such rights in Intellectual Property then you shall immediately inform us and shall forthwith take such steps as may be required by the Seller to assign such rights or vest such title in us.
The Parties each respectively acknowledge and agree that unless otherwise expressly agreed between the Parties, the terms of these Terms, and the fact that these Terms exists, are confidential.
You shall keep confidential and not use, without the prior written consent of us, all or any information including without limit, that information supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of yours, or disclosure of the same is required by law or by any other governmental or other regulatory body.
This clause will survive the termination or expiration of these Terms.

23 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

24 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

25 Warranties Regarding Legal Advice

Each Party, (which for the purposes of this clause shall be referred to as the “Warranting Party” as the context requires) hereby respectively warrants:
- That the Warranting Party fully understands the terms of these Terms;
- That the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by these Terms and the Warranting Party has either:
  - Taken such independent legal advice; or
  - Elected not to take such independent legal advice.
- That the Warranting Party has not been induced to enter into these Terms by any representation(s) made by the other Party or by any other officer, employee, director, agent, contractor, assignee, successor or other representative of the other party, except as provided in these Terms.
- This clause will survive the termination or expiration of these Terms.

26 Disputes

We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
- The Product(s):
- Our service to you; or
- Any other matter;

Please contact us as soon as possible using the details provided in the “Contact Information” clause below.

27 Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28 Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. Both parties consent to the jurisdiction under the state and federal courts within New South Wales.

29 General Provisions

(Language): All communications made or notices given pursuant to these Terms shall be in the English language.
(Assignment): these Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or in part by either Party except with the other Party’s written consent.
(Amendments): these terms may only be amended in writing signed by both Parties.
(Rights, Remedies and Powers): unless expressly provided in these Terms, any rights, remedies or powers which a Party acquires under these Terms are cumulative an apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in these Terms, nothing in these Terms shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that party may have.
(Survival of Obligations): At the termination or expiration of these Terms, any provisions of these Terms which would by their nature would be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.
(Further Acts): Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to these Terms and to the rights and obligations of the Parties created under these Terms.
(Force Majeure): Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, pandemic, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Seller is not liable for any delivery delay or non-performance caused by labour or transportation disputes or shortage, material delays or delays in non-performance caused by the Seller’s suppliers. If the Seller is unable to perform within any reason within 30 (thirty) days after the expected date of delivery, the Seller may terminate these Terms in full and provide a complete and to the Buyer of any fees paid.

30 Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

31 Contact Information

Questions about the Terms of Service should be sent to us at info@cmactive.com or via Suite 201, 117 Old Pittwater Road, 201, Brookvale NSW 2100, Australia.

32 Last Updated

These Terms are current and up to date as of 2 February 2024.

By making a purchase on our website, you agree to be bound by these Terms.