TERMS OF SALE6 January 2025
These Terms of Sale govern the purchase and use of the related software services offered by Queensland Medical Specialists Pty Ltd, with company registration number ACN 168 968 867, and its principal office at Unit 1, 63 Fawkner Street, Chapel Hill QLD 4069 ("we," "us," or "our"). By purchasing or using our products and services, you (“purchaser” or “user”) agree to these Terms of Sale.

Product and Service Providers

The Continuous Glucose Monitoring (“CGM”) device is supplied by Skin Tech Limited, located and registered in Hong Kong. Skin Tech Limited is solely responsible for the quality, functionality, and performance of the CGM device.
The mobile application and software, which interpret and display CGM data, are provided by us. We are responsible only for the software services and do not assume any liability for the CGM device itself.
Purchases, usage, and issues related to the CGM device must be directed to Skin Tech Limited.Refunds and Returns
Users are entitled to a refund under Australian law. However, once the CGM device has been opened and applied to the skin, no refunds will be granted for the CGM.General Disclaimer

While the services allow users to analyze glucose data, individual results may vary. Always seek professional medical advice before altering your diet, exercise routine, or any other health-related practices, especially if you have an eating disorder or a history of such conditions. Do not disregard or delay obtaining medical advice based on data provided by the device.
Possible Side Effects: Possible side effects may include, but are not limited to, pain at the site of application, local skin reactions, or irritation. Should these occur, users should immediately seek advice and treatment from a local doctor.
Waiver for Diabetes: Diabetics are not permitted to use our services.
We are not a healthcare provider. Data and information generated by the device do not constitute medical advice and should not be interpreted as such. Users assume full responsibility for actions taken based on the device’s data or other related services.
Device Responsibility: We are not liable for any defects, malfunctions, or issues with the CGM device supplied by Skin Tech Limited.
Software Limitations: While we endeavor to ensure reliable performance, we do not guarantee that the mobile application will meet all user requirements or operate without errors.
Medical Risks: The CGM is not designed for medical use. Users must consult a healthcare provider for any health-related decisions and assume full responsibility for their use of the device and software.

To the fullest extent permitted by law, we disclaim liability for any indirect, incidental, or consequential damages arising from the use of the products or services.
Intended Use and Restrictions

Non-Medical Purpose: Our service is intended exclusively for use by non-diabetic individuals to monitor dietary impacts and prevent glucose spikes as part of a wellness regimen.
Restrictions: Our service is not suitable for individuals with diabetes or those on insulin therapy. Use of the CGM for any medical or therapeutic purposes, including disease management or treatment, is strictly prohibited.
Medical Waiver: Users must acknowledge that the CGM is not a medical device under Australian law. It cannot be used for medical diagnostics or interventions.
Exclusive Distributorship
We have been granted the right to distribute the products in Australia and New Zealand. In addition to these exclusive territories, we are also authorized to distribute the products in other regions, including but not limited to India, the United States, and the European Union (EU).Purchase Channels

You can make a purchase either online through our website found at info@sugarspike.au or through such other channels as we may provide in the future (" Purchase Channels"). Your access to any of the Purchase Channels may be withdrawn at any time.
The Purchase Channels are for the sale and delivery of a purchase to customers aged 18 or over and are not on insulin.
Terms of Sale

This governs all purchases of our services made through the specified purchase channels. By completing a purchase through any of our channels, you agree to be bound by these Terms of Sale and confirm that you have reviewed our Privacy Notice available at info@sugarspike.au 
These Terms of Sale constitute a binding legal agreement and can only be modified or updated with our written approval. Purchases are governed by the version of the Terms of Sale in effect at the time of purchase unless duly updated.
We recommend keeping a printed copy of these Terms of Sale for your records.
Purchases and Subscriptions

Purchase Options: Products and services are available as one-time purchases or through subscription plans.
Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date. Users can cancel through the mobile app, and cancellation will take effect at the end of the current billing cycle.
Payment Terms: Payments are non-refundable except where required by law. All applicable taxes and shipping fees will be added at checkout.
Changes to Pricing: We reserve the right to change subscription fees or pricing, with notice provided at least 30 days in advance.
Your Account

When making a purchase, you must use the same email address for both the purchase and logging into your account on our website or mobile application. 
Account Security

Users are responsible for maintaining the confidentiality of account login details. Unauthorized use of the account should be reported immediately to prevent further misuse.
Access to the mobile application and software requires an active account and subscription. Users are solely responsible for all activities conducted under their account credentials.
Changes to These Terms of Sale

We reserve the right to amend or update these Terms of Sale at any time, without affecting your rights under applicable law.
For existing subscription holders, any material changes to these Terms of Sale will be communicated in advance. You may cancel your subscription if you do not wish to accept the updated terms. Continuing your subscription after being notified of changes constitutes your agreement to the revised Terms of Sale.
The updated Terms of Sale will become effective from the date specified and will govern your subscription from that point onward. The most recent version of these Terms of Sale will always be available online.
Product and Service Images

Images of our services are for illustrative purposes only. The actual services you receive may differ from those shown.
Our Mobile Application

To use our services effectively, you must download our mobile application. 
Please note that the mobile application may not be compatible with all devices. Before making a purchase, refer to the FAQ section on the website or use other available resources to confirm your device meets the minimum system requirements.
Product Availability

The availability of products and services is subject to stock and other limitations. We will notify you promptly if your order cannot be fulfilled and will process a full refund if payment has already been made.
We reserve the right to:Impose restrictions on the number of purchases per customer.
Adjust intervals at which products or services are made available.

We are not liable for modifications, suspensions, or discontinuations of products or services in your subscription. However, it may offer credits, refunds, or other compensatory measures at its discretion if such changes occur.
Warranty 

We guarantee that our services meet the descriptions provided on its website, are of satisfactory quality, and are reasonably fit for their intended use.
Orders, Shipping, and Delivery

Order Dates:The order date is the date you place your purchase.
The initial order date is when you sign up, with subsequent shipments processed periodically based on your subscription cycle.

Users can view and manage their orders, including shipment schedules, through their account dashboard.
Subscription Adjustments:You can pause your subscription or adjust shipment dates by up to 90 days. Changes must be made at least two business days before the next scheduled shipment to take effect.
Subscriptions automatically renew unless canceled at least two business days before the renewal date.

Delivery Timeline

All delivery timelines are estimates and are not guaranteed. External factors, such as holidays or shipping delays, may affect delivery schedules. If delivery fails after three attempts, the product will be returned, and your order may be canceled. Refunds will only be issued for the initial shipment of a subscription or a one-time purchase.
Pricing

Subscription Billing:Subscription fees are charged within two business days of the order date and every 12 weeks thereafter unless canceled.
Users authorize recurring payments through the saved payment method in their account.

Price Changes:Subscription pricing may change with at least one month’s notice. If you do not agree to the new pricing, you may cancel your subscription.
Taxes and Fees:All prices exclude taxes and shipping charges, which will be added at checkout.
Incorrect Charges:If you notice a pricing error, you must notify us within three months. Any overcharges will be corrected and undercharges will require user confirmation to proceed.
Payment Methods

We accept most major credit and debit cards. Payment must be completed before shipment, and all transactions are subject to validation checks. Unauthorized or fraudulent use of payment methods will result in cancellation and may be reported to authorities.
Money-Back Guarantee

First-time purchases are eligible for a 30-day money-back guarantee. To qualify, you must request a refund within 30 days of delivery. Refunds will cover the product cost, applicable taxes, and shipping fees and will be processed within 14 business days using the original payment method.
Cancellations and Refunds

You may cancel a subscription at any time, but refunds are only issued under the 30-day money-back guarantee. Cancellations made fewer than two business days before renewal will apply to the subsequent billing cycle.
These are non-cancellable but may qualify for refunds under the 30-day guarantee.
Data Collection and Privacy

By using the software, users consent to the collection and storage of personal and glucose-related data, as outlined in our Privacy Policy.
We are not liable for unauthorized access to or misuse of data by third parties. Users must take precautions to protect their data.
Communications

In accordance with applicable laws, certain information or notices we provide must be delivered in writing. By using our services, you agree that the primary mode of communication will be electronic. We may contact you via email or post updates and notices on our website at info@sugarspike.au 
For contractual purposes, you consent to receive communications electronically and acknowledge that such communications fulfill any legal requirements for written notice. This provision does not affect your statutory rights.
Notices

To send us notices related to these Terms of Sale, you must email us at info@sugarspike.au Notices from us may be sent to either the email or postal address you provided when placing your order.Email Notices: Deemed received 24 hours after being sent.
Postal Notices: Deemed received three days after being posted.

To prove service of notice, you must demonstrate that, in the case of a letter, it was properly addressed, stamped, and mailed, or in the case of an email, it was sent to the specified email address of the recipient.
Assignment

These Terms of Sale create a binding agreement between you and us. No third party has rights under or in connection with these Terms.
We have the right to transfer or assign its rights and obligations under these Terms to a third party. Such a transfer will not affect your rights or our obligations. Any other transfer of rights or obligations requires our prior written consent.
Interpretation of Terms

Each provision of these Terms of Sale operates independently. If a court or relevant authority determines that any provision or part of a provision is unlawful or unenforceable, only that specific part will be deemed invalid. All remaining provisions will remain in full force and effect to the maximum extent permitted by law.
Delay in Enforcement

If we choose not to enforce our rights under these Terms of Sale or delay doing so, this does not constitute a waiver of those rights. You remain obligated to comply with all terms. A waiver of any breach will only be valid if provided in writing and signed by us.
Events Outside Our Control

We are not liable for any failure or delay in fulfilling its obligations under these Terms due to events beyond its reasonable control (referred to as a "Force Majeure Event").
During such events, our obligations are suspended, and we are granted an extension for the duration of the Force Majeure Event. If the event lasts more than 30 calendar days, either party may cancel the affected purchase.
Entire Agreement

These Terms of Sale constitute the complete agreement between you and us regarding the services provided. They replace and supersede all prior agreements, understandings, and communications, whether written or oral, related to the subject matter.
Governing Law

CGM Devices: Purchases and disputes related to the CGM device are governed by the laws of Hong Kong, under which Skin Tech Limited operates.
Software Services: The software services provided by us are governed by the laws of Queensland, Australia.