Terms of service

Terms of Service

Last updated: 2 Jun 2026

1. About these terms

These Terms of Service ("Terms") describe your rights and responsibilities when you use the products, services, and online store operated by always on (Always On Group Pty Ltd, ABN 45 693 935 554) at getalwayson.com.au and any related channels (together, the "Services").

By visiting, interacting with, or purchasing through the Services, you agree to these Terms and our Privacy Policy. If you don't agree, please don't use the Services.

These Terms apply alongside our other policies, including the Refund & Returns Policy, Shipping Policy, Privacy Policy, and Purchase Options Cancellation Policy. Where there's any conflict between these Terms and a specific policy on a specific issue, the specific policy applies.

 

2. Definitions

  • always on, we, us, our — Always On Group Pty Ltd (ABN 45 693 935 554).
  • You, your, customer — any person who accesses, uses, or purchases through the Services.
  • Services — getalwayson.com.au, the online store, and all related content, features, and tools.
  • Products — the goods we offer for sale through the Services, including Clarity.
  • Subscription — any recurring order arrangement you've set up through the Services.

 

3. Eligibility and accounts

You must be at least 18 years old to use the Services or purchase Products.

When you create an account or place an order, you agree to provide accurate, current, and complete information, and to keep it up to date. You're responsible for keeping your account credentials secure and for all activity that occurs under your account.

You may not transfer, sell, assign, or share your account with anyone else.

 

4. Our products

Clarity is a Formulated Supplementary Sports Food regulated under FSANZ Standard 2.9.4. It is a food product, not a therapeutic good. Clarity is not intended to diagnose, treat, cure, or prevent any disease, and is not a substitute for a varied diet or medical care.

We make every effort to display our Products accurately, but colour and appearance may vary depending on your device. Product descriptions, formulations, and packaging may be updated from time to time. We don't warrant that Products will meet your expectations beyond the consumer guarantees provided under Australian Consumer Law.

We reserve the right to limit quantities, discontinue Products, or refuse service at our discretion.

Health and use notes. Information provided on the Services is for general informational purposes only and does not constitute medical advice. Always consult a qualified healthcare professional before using Clarity, particularly if you are pregnant, breastfeeding, taking medication, or have a pre-existing medical condition. Clarity is not suitable for children under 18. Do not exceed the recommended daily serve. Individual results may vary. If you experience any adverse effects, stop using Clarity and consult a healthcare professional.

 

5. Orders and payment

When you place an order, you're making an offer to purchase. Your order is accepted when we send order confirmation and payment is received in cleared funds. We may decline or cancel any order at our discretion — including for stock unavailability, pricing or product errors, suspected fraud, or breach of these Terms.

You agree to provide accurate, current payment information, and you authorise us (and our payment processors) to charge the payment method you've provided for the amount of your order, including any applicable shipping.

Prices, discounts, and promotions are subject to change without notice. The price applied to your order is the price displayed at the time you place the order. All prices are in Australian Dollars (AUD) and include GST where applicable.

Your purchases are for personal or household use only and not for commercial resale or export.

 

6. Subscriptions

If you've set up a Subscription, you authorise us — through our payment and subscription platforms — to charge your nominated payment method on the recurring schedule you selected, without further authorisation for each charge, until you cancel.

Full details on subscription billing, modifications, skips, pauses, and cancellation are set out in our Subscription Policy / Purchase Options Cancellation Policy.

 

7. Promotions and discount codes

From time to time we may offer promotions, discount codes, or other offers. Unless we say otherwise:

  • Only one discount code may be applied per order
  • Discount codes can't be combined with other offers or applied to existing subscription discounts
  • Codes have no cash value and can't be redeemed for cash
  • Codes may have expiry dates, minimum order values, or product exclusions, which will be communicated where applicable
  • Discounts apply to the Product price only and not to shipping
  • We reserve the right to cancel orders that abuse or exploit promotions — including the use of multiple accounts, fraudulent codes, or codes obtained in breach of their terms — and to modify or end any promotion at any time

 

8. Shipping and delivery

We ship within Australia in line with our Shipping Policy, which forms part of these Terms.

Delivery timeframes are estimates only. While we'll do what we can to meet them, we can't guarantee specific delivery dates and aren't responsible for delays caused by carriers or events outside our control — except to the extent of any rights you have under Australian Consumer Law, including the consumer guarantee that goods will be delivered within a reasonable time.

 

9. Returns and refunds

Returns, refunds, and our 30-day money-back guarantee are governed by our Refund & Returns Policy, which forms part of these Terms.

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

 

10. Reviews and user content

If you submit a review, photo, comment, suggestion, or other content ("User Content") through the Services or in connection with our Products, you grant us a perpetual, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, publish, and display that content in connection with our business, including in marketing.

You represent and warrant that:

  • The User Content is yours and you have the right to submit it
  • The User Content doesn't infringe anyone's rights or break any law
  • The User Content doesn't include therapeutic claims about Clarity — for example, claims that it treats, cures, or prevents any condition
  • Any opinion expressed is genuine and your own

We reserve the right to remove or refuse to publish any User Content — including reviews that contain therapeutic or medical claims, false statements, or content that breaches these Terms or any law.

 

11. Referral program

If we launch a referral program, separate terms will apply. Those terms will be made available before you participate, and your participation will be subject to them.

 

12. Acceptable use

You may use the Services only for lawful purposes. You agree not to:

  • Use the Services in breach of any law or third-party rights
  • Use the Services to harass, defame, or harm any person
  • Submit false, misleading, or fraudulent information
  • Attempt to access, interfere with, or disrupt the security of the Services or any related systems
  • Scrape, harvest, or extract data from the Services using automated means
  • Reverse engineer, decompile, or attempt to derive the source code of the Services
  • Use the Services to transmit malware, spam, or other harmful code

We may suspend or terminate your access to the Services if you breach this section.

 

13. Intellectual property

The Services and all content within them — including text, images, graphics, videos, logos, trade marks, design, and Product formulations — are owned by always on or our licensors and are protected by Australian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publish, or commercially exploit any part of the Services without our prior written consent.

The always on name, logo, Product names, and slogans are our trade marks. Shopify, Recharge, Klaviyo, and other third-party names and logos belong to their respective owners.

 

14. Third-party services and links

The Services rely on, integrate with, and may link to third-party platforms — including Shopify (which hosts the Services), Recharge (which processes subscriptions), Klaviyo (email and SMS), and any other platforms we choose to use from time to time. Your use of those third-party services may also be subject to their terms.

We're not responsible for the content, accuracy, or operation of any third-party website or service linked from the Services. If you choose to access a third-party site or service, you do so at your own risk.

Any sales and purchases you make through the Services are made directly with always on, not with Shopify or any other platform. You release Shopify and our other third-party platforms from any liability arising from your transactions with us.

 

15. Force majeure

We're not liable for any failure or delay in performing our obligations under these Terms that's caused by events outside our reasonable control, including natural disasters, pandemics, supply chain disruptions, carrier disruptions, government action, or major outages of third-party platforms. Nothing in this section limits your rights under Australian Consumer Law.

 

16. Consumer guarantees and Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under Australian Consumer Law that can't be excluded by contract.

If a Product fails to meet a consumer guarantee, you're entitled to a remedy in line with the ACL — including a refund, replacement, or repair — depending on whether the failure is major or minor. You may also be entitled to compensation for reasonably foreseeable loss or damage.

 

17. Limitation of liability

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law:

  • We aren't liable for any indirect, consequential, special, incidental, or punitive damages arising from your use of the Services or any Product
  • Our total liability for any direct loss or damage relating to the Services or any Product is limited to the amount you paid for the Product giving rise to the claim
  • Nothing in this section is intended to limit any liability that can't be limited under the ACL or other applicable law

 

18. Indemnity

You agree to indemnify and hold harmless always on, our directors, employees, and contractors against any claims, losses, damages, liabilities, or reasonable legal costs arising from:

  • Your breach of these Terms
  • Your violation of any law in connection with your use of the Services
  • Your User Content, including any breach of third-party rights
  • Any fraudulent or wrongful use of the Services by you

This indemnity doesn't apply to the extent any claim, loss, or damage is caused by our negligence or wrongful act.

 

19. Privacy

Your personal information is handled in accordance with our Privacy Policy.

 

20. Termination

We may suspend or terminate your access to the Services if you breach these Terms, engage in conduct that's fraudulent or harmful, or where we're required to do so by law.

We may also discontinue the Services, or any part of them, on reasonable notice. If we do, any active Subscriptions will be cancelled and any prepaid amounts for undelivered Products refunded.

You may stop using the Services and close your account at any time by contacting us.

Provisions that by their nature should survive termination — including intellectual property, limitation of liability, indemnity, and governing law — will continue to apply.

 

21. Disputes and governing law

If you have a concern or complaint, please contact us first at support@getalwayson.com.au. We'll respond within two business days and work with you in good faith to resolve the issue.

If we can't resolve a dispute informally, you may pursue your rights through your local consumer protection body or the courts.

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria and the Federal Court of Australia have non-exclusive jurisdiction over any dispute arising from these Terms.

 

22. Changes to these terms

We may update these Terms from time to time. When we do, we'll update the "Last updated" date above. Where the changes are material, we'll take reasonable steps to notify you in advance — for example by email or a notice on the Services.

By continuing to use the Services after the changes take effect, you accept the updated Terms. If you don't accept them, please stop using the Services.

 

23. General

Severability. If any part of these Terms is found to be unlawful or unenforceable, the remaining parts continue in full effect.

Waiver. Our failure to enforce any right or term doesn't waive that right or term.

Entire agreement. These Terms, together with the policies referenced in them, are the entire agreement between you and us regarding your use of the Services.

Assignment. You can't transfer or assign your rights under these Terms without our consent. We may assign our rights and obligations to a successor or affiliate.

Headings. Headings are for convenience only and don't affect interpretation.

 

24. Contact

Questions about these Terms? Contact us:

  • Email: support@getalwayson.com.au
  • Address: Always On Group Pty Ltd (ABN 45 693 935 554), Suite 329/98–100 Elizabeth Street, Melbourne VIC 3000