FULFILL PTY LTD

ACN 682 046 680 | ABN 35 682 046 680

Terms of Service

Effective Date: 25 April 2025

Welcome to FULFILL Pty Ltd (“FULFILL”, “Company”, “we”, “us” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at www.fulfill.net.au (the “Site”) and your purchase and use of products available through the Site.

By accessing, browsing or using the Site, or purchasing products from us, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing or using our Site, you agree to comply with and be bound by these Terms, together with our Privacy Policy, Shipping Policy and Returns Policy, where applicable.

These Terms apply to all visitors, customers and other users of the Site.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable laws.

2. Changes to These Terms

We reserve the right to update or modify these Terms from time to time.

Any changes will be posted on this page with an updated effective date. Your continued use of the Site after changes have been posted constitutes your acceptance of the updated Terms.

We recommend that you review these Terms periodically.

3. Eligibility

You must be at least 18 years of age to make a purchase through the Site, or have the consent and involvement of a parent or legal guardian where permitted by law.

By using the Site, you represent that the information you provide to us is accurate and that you have the legal capacity to enter into an agreement with us.

4. Account Creation

Certain features of the Site may require you to create an account.

When creating an account, you agree to:

• Provide accurate, current and complete information.
• Keep your account and password information secure.
• Notify us promptly if you become aware of unauthorised access to your account.
• Take reasonable responsibility for activities carried out through your account.

We reserve the right to suspend or terminate an account where we reasonably believe that the account has been used in breach of these Terms or applicable law.

5. Products and Product Information
6. Product Descriptions

We endeavour to ensure that product descriptions, photographs, ingredients, specifications, prices and other information displayed on the Site are accurate and up to date.

However, product colours and appearance may vary slightly from images displayed on different screens or devices.

We reserve the right to correct errors, inaccuracies or omissions and to update product information at any time.

1. Product Availability

Products displayed on the Site are subject to availability.

We may limit the quantity of products that can be purchased by a customer or refuse an order where reasonably necessary, including where there is insufficient stock, an error in pricing or product information, or a suspected fraudulent transaction.

1. Product Use

Customers are responsible for reading and following the product instructions, warnings and directions for use provided with our products and on the Site.

Products should only be used for their intended purpose.

6. Orders and Acceptance

Submitting an order through the Site constitutes an offer to purchase the selected products.

An order is not accepted until we have confirmed the order and, where applicable, received payment.

We reserve the right to refuse or cancel an order where reasonably necessary, including due to:

• Product availability;
• Incorrect pricing or product information;
• Payment issues;
• Suspected fraud or unauthorised activity; or
• Other circumstances where cancellation is reasonably necessary.

If we cancel an order after payment has been received, we will provide an appropriate refund in accordance with applicable law.

7. Pricing and Payment
8. Pricing

Unless otherwise stated, all prices displayed on the Site are in Australian dollars (AUD) and include GST where applicable.

Prices may change from time to time. Any price change will not affect an order that we have already accepted, except where permitted or required by law.

1. Payment

We accept the payment methods displayed on the Site at the time of purchase.

By providing payment information, you confirm that you are authorised to use the relevant payment method.

We may use third-party payment providers to process transactions. Your use of those payment services may also be subject to the provider’s own terms and conditions.

8. Shipping and Delivery

We will make reasonable efforts to dispatch orders within the estimated delivery timeframe provided at checkout or on the Site.

Delivery times may vary depending on the delivery address, shipping method, courier availability and other circumstances outside our reasonable control.

Please refer to our Shipping Policy for further information regarding delivery methods, shipping costs and estimated delivery times.

We are not responsible for delays caused by circumstances beyond our reasonable control, including courier delays, natural disasters or other significant events.

Nothing in this section limits your rights under the Australian Consumer Law.

9. Returns, Refunds and Consumer Guarantees

Our Returns and Refunds Policy applies to eligible returns and refunds.

Nothing in these Terms limits or excludes your rights under the Australian Consumer Law, including your rights in relation to consumer guarantees.

Where a product is faulty, defective, unsafe or otherwise does not meet the consumer guarantees required by law, you may be entitled to a repair, replacement or refund depending on the circumstances.

For further information, please refer to our Returns Policy or contact us through the details provided on the Site.

10. Intellectual Property

All content contained on the Site, including but not limited to:

• FULFILL branding and logos;
• Product names;
• Text and written content;
• Photographs and graphics;
• Product packaging designs;
• Website designs;
• Videos;
• Software; and
• Other materials,

is owned by or licensed to FULFILL Pty Ltd or its relevant content suppliers and may be protected by copyright, trademarks and other intellectual property laws.

You must not reproduce, copy, modify, distribute, publish, sell, licence or create derivative works from our content without our prior written permission, except where permitted by law.

11. FULFILL Trade Marks and Branding

The FULFILL name, logo, product names, packaging, designs and associated branding may constitute intellectual property owned by or licensed to FULFILL Pty Ltd.

You must not use our branding, logos, product images or other intellectual property in a way that suggests an association, endorsement or affiliation with FULFILL without our prior written consent.

12. User Conduct

You agree to use the Site only for lawful purposes and in a manner that does not interfere with the operation of the Site or infringe the rights of others.

You must not:

• Use the Site for unlawful or fraudulent purposes;
• Attempt to gain unauthorised access to the Site or its systems;
• Interfere with or disrupt the operation or security of the Site;
• Upload malicious software or harmful material;
• Impersonate another person or entity;
• Misrepresent your relationship or affiliation with FULFILL;
• Use the Site to harass, threaten or harm another person; or
• Transmit spam, unsolicited communications or other prohibited material.

13. Website Availability

We aim to keep the Site available and operating properly. However, we do not guarantee that the Site will always be available, uninterrupted, secure or free from errors.

The Site may occasionally be unavailable due to maintenance, technical issues, updates or circumstances outside our reasonable control.

14. Third-Party Websites and Services

The Site may contain links to third-party websites, payment providers, delivery services or other external services.

We do not control and are not responsible for the content, availability, privacy practices or terms of third-party websites or services.

Your use of third-party services may be subject to their own terms and conditions.

15. Disclaimer

To the maximum extent permitted by law, the Site and its content are provided on an “as available” basis.

We do not guarantee that the Site will always be uninterrupted, secure or free from errors.

However, nothing in these Terms excludes, restricts or modifies any guarantee, condition, right or remedy that cannot lawfully be excluded, restricted or modified under Australian law.

16. Limitation of Liability

To the maximum extent permitted by law, FULFILL Pty Ltd will not be liable for indirect, incidental, special or consequential loss arising from your use of the Site.

This limitation does not apply to any liability that cannot lawfully be excluded or limited under applicable law, including rights and remedies available to consumers under the Australian Consumer Law.

17. Indemnification

To the extent permitted by law, you agree to indemnify FULFILL Pty Ltd and its officers, employees, contractors and agents against reasonable losses, liabilities, claims and expenses arising from your:

• Breach of these Terms;
• Misuse of the Site;
• Violation of applicable laws; or
• Infringement of another person’s rights.

This clause does not apply to the extent that the relevant loss or liability was caused by the negligence, wrongful conduct or breach of law by FULFILL Pty Ltd.

18. Privacy

Your privacy is important to us.

Our collection, use and handling of personal information is governed by our Privacy Policy.

By using the Site, you acknowledge that you have read our Privacy Policy and understand how we handle personal information.

19. Governing Law

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

You agree that any dispute arising in connection with these Terms or your use of the Site will be subject to the applicable courts and laws of South Australia, subject to any rights you may have under the Australian Consumer Law.

These Terms are intended to operate consistently with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, as applicable in South Australia.

20. Contact Us

If you have any questions about these Terms, our products or your order, please contact us through the contact details provided on our website.

FULFILL Pty Ltd
ACN: 682 046 680
ABN: 35 682 046 680
Website: www.fulfill.net.au
Email: info@fulfill.net.au

Last Updated: 25 April 2025