Terms of service

Last updated: 10 August 2026

Overview

This website is operated by free energy drink Australia Pty. Ltd. ("Free Energy", "we", "us" or "our"). Throughout the site, these terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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.

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.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. 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., who provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 — 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 dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, and you may not, 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 access to the Service.

Section 2 — General conditions

Part A — Trade terms and conditions

By placing an order with Free Energy, you (the "Client") acknowledge that you have read, understood and agree to be bound by the trade terms and conditions set out in this Part A. Any amendment to these terms requires the prior written consent of Free Energy.

1. Definitions

Client Background IP: intellectual property owned by, or licensed to, the Client.

Client: the person or company engaging Free Energy for the supply of products.

Client Resources: equipment, materials, data and information supplied by the Client.

Confidential Information: commercial knowledge, including inventions, trade secrets, methodologies and business plans, excluding information that is publicly available or was already known to the receiving party.

Deliverables: the products specified in an order.

GST: tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property: statutory proprietary rights including copyright, patents, trademarks, designs and circuit layouts, consistent with the conventions of the World Intellectual Property Organization.

Invoices: tax invoices issued by Free Energy to the Client.

Moral Rights: rights under applicable copyright statutes.

Free Energy Background IP: intellectual property owned by Free Energy.

Price: the amount payable for the products.

Order: a written request for products issued to Free Energy.

Products: the goods and services described in an order or invoice.

2. Orders

Orders remain valid for 30 days from the date of issue. Pricing includes Free Energy's fees only — third-party costs will be invoiced separately unless otherwise specified. Free Energy reserves the right to change the prices contained in an order in the event that the Client's order is varied. All pricing is in Australian dollars unless otherwise specified. Work requested outside of normal business hours may incur additional charges.

3. Invoices & payment

Invoices must be paid by the date specified, or within 30 days of issue unless otherwise agreed in writing. The Client must pay all money due to Free Energy without deduction or set-off, and must not withhold any payment on the grounds of alleged non-performance by Free Energy.

Non-payment will result in the Client being liable for any recovery costs incurred, including legal expenses. Free Energy may also charge interest on outstanding amounts, at its discretion, at the rate specified under the Penalty Interest Rates Act 1983 (Vic). Free Energy may suspend the supply of products if invoices remain unpaid 30 days after the due date.

5. Retention of title and risk

Ownership of deliverables transfers to the Client only upon receipt of payment in full. Until payment is received, deliverables remain the property of Free Energy.

The Client grants Free Energy a security interest in the deliverables, which Free Energy may register under the Personal Property Securities Act 2009 (Cth). The Client must do anything reasonably required to facilitate such registration, at the Client's expense. Free Energy is not required to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA.

6. Deliverables

Any request for correction must be submitted within one business day of receipt of the deliverable. Each order includes one round of revisions; additional revisions will incur an hourly fee. The Client assumes and accepts liability for any and all errors or omissions and is responsible for proofreading any deliverable before it is released or published. Deliverables remain unreleased until written approval is provided by the Client.

8. Use of Client Resources by Free Energy

The Client warrants that it owns, or is authorised to supply, any Client Resources provided to Free Energy, and Free Energy may request evidence of that ownership or authorisation. The Client must ensure Client Resources are sourced lawfully and is responsible for any third-party intellectual property licensing associated with them. The Client expressly indemnifies Free Energy against any and all liability and loss arising out of the use of the Client Resources by Free Energy.

9. Limitation of liability

Nothing in these terms excludes any statutory consumer guarantee that cannot lawfully be excluded. To the full extent permitted by law, Free Energy's maximum aggregate liability for a breach of these Terms & Conditions shall in no circumstances exceed the price paid for the products by the Client. Free Energy is not liable for any lost profits, lost income, lost contracts, or any other consequential loss or damage.

10. Termination / cancellation

Free Energy may decline an order within 30 days of receipt, or at any time before the products are supplied, without liability. The Client may cancel an order with 10 business days' written notice; deposits already paid are non-refundable, and any additional losses incurred by Free Energy as a result of the cancellation become payable by the Client.

Free Energy may also cancel an order if the Client becomes insolvent or bankrupt, is in breach of these terms, or is unable to pay an invoice when due. Free Energy will issue an invoice for any work completed up to the date of cancellation.

11. Intellectual property rights

The Client acknowledges that all Free Energy Background IP, and all concepts, materials, intellectual property and designs created, conceived, developed or reduced to practice in the course of supplying the products, remain the sole property of Free Energy.

Free Energy may, at its discretion and potentially for an additional fee, grant the Client a non-exclusive, royalty-free licence to use such intellectual property once the relevant products have been supplied and paid for in full.

The Client grants Free Energy a non-exclusive licence to use Client Background IP to the extent necessary to supply the products, and consents to Free Energy using deliverables in its portfolio, website and marketing materials unless otherwise agreed in writing. The Client waives any moral rights in Client Background IP and consents to any material alteration of it without attribution, to the extent permitted by law.

12. Confidential information

Free Energy may use Client Background IP as necessary to supply the products. The Client must keep confidential any Confidential Information disclosed by Free Energy and must restrict access to it to employees or agents who reasonably need it.

The Client acknowledges that Free Energy would be irreparably harmed by any actual or threatened breach of this clause, and that monetary damages would be insufficient to remedy such a breach. Free Energy will keep Client information confidential, except where that information is in the public domain, was already known to Free Energy, was disclosed with the Client's consent, or is required to be disclosed by law.

13. General

The Client must sign any documents reasonably required by Free Energy to give effect to these terms. The Client must not assign, or purport to assign, any right under these Terms & Conditions without the prior written consent of Free Energy. These terms constitute the entire agreement between the parties. Free Energy reserves the right to amend these terms at any time. Any waiver must be in writing and signed to be effective. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Free Energy will not be liable for any default under these Terms & Conditions, or for any failure to supply products, arising from an event of force majeure. These terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria.

Part B — Online trade terms and 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 may involve transmissions over various networks.

No part of this website, or any content on it, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written permission of Free Energy.

Section 3 — 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 which, by its nature, 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.

Section 4 — 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 will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 — Products or services

Certain products or services may be available exclusively online through the website and may be limited in quantity, and are subject to return or exchange only in accordance with our returns policy. We have made every effort to display as accurately as possible the colours and images of our products that appear in store; we cannot guarantee that your computer monitor's display of any colour 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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.

Section 6 — 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 — including orders placed 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 email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Section 7 — Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. 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 optional tools offered through the site is entirely at your own risk and discretion.

We may also, in the future, offer new services and/or features through the website, including new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

Section 8 — 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 of, 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. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

Section 9 — User comments, feedback and other submissions

If, at our request, you send certain specific submissions, 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 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 is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that 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, and will not contain any malware.

Section 10 — Personal information

Your submission of personal information through the site is governed by our Privacy Policy.

Section 11 — 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 except as required by law.

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