Terms of service
BreathMor Australia Pty Ltd (ABN 74 686 658 266)
Last updated: 19 December 2025
1. About these Terms
These Terms & Conditions (Terms) apply to your access to and use of https://www.breathmor.com.au and any related pages, checkout flows, subscription portal and customer support channels (Site), and to any orders you place for products sold on the Site (Products).
The Site is operated by BreathMor Australia Pty Ltd (ABN 74 686 658 266) (BreathMor, we, us, our).
By using the Site, creating an account, or purchasing Products, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the Site or purchase Products.
1.1 Contact details
- Email: hello@breathmor.com.au
- Phone: 02 9159 9830
- Address: Suite 215/32 Delhi Road, Macquarie Park NSW 2113
1.2 Changes to these Terms
We may update these Terms from time to time by publishing an updated version on the Site and updating the 'Last updated' date.
If we consider a change to be material and likely to adversely affect consumers, we will take reasonable steps to provide notice (for example, via the Site or email), unless changes are required urgently for legal or security reasons.
Your continued use of the Site after updated Terms are published indicates acceptance of the updated Terms.
2. Eligibility and acceptable use
You must not use the Site in any way that is unlawful, misleading or deceptive, fraudulent, or that interferes with the security or operation of the Site.
You must not attempt to gain unauthorised access to any part of the Site, other users' accounts, or our systems, or introduce malware or harmful code.
We may suspend or restrict your access to the Site where reasonably necessary to protect the Site, customers, or our rights, or to investigate suspected misuse.
3. Product information and therapeutic goods statements
Information on the Site is provided for general informational purposes and is not medical advice. You should not rely on Site content as a substitute for professional medical advice, diagnosis or treatment.
Always read the label and follow the directions for use. If symptoms persist, consult a healthcare professional.
Our BreathMor nasal spray is listed on the Australian Register of Therapeutic Goods (ARTG 520185).
Individual experiences may vary. Unless expressly stated on the product label or required by law, we do not guarantee specific outcomes from using the Products.
4. Accounts
You may be able to create an account to place orders and manage subscriptions.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Please notify us promptly if you believe your account has been compromised.
5. Orders and contract formation
When you place an order through the Site, you are making an offer to purchase the Products in your order.
A contract is formed when we accept your order (for example, by sending an order confirmation and/or dispatch confirmation).
We may cancel or refuse orders where reasonably necessary (including where we suspect fraud, where Products are unavailable, or where there is a genuine error in pricing or product description). If we cancel an order after payment, we will refund amounts paid for the cancelled items.
6. Pricing, GST and payment
All prices are in AUD and include GST unless stated otherwise.
Shipping costs and any applicable discounts will be shown at checkout.
Payment processing is handled by third-party payment providers. We do not store full payment card details.
We may change prices from time to time. Price changes do not affect orders already accepted by us.
7. Shipping and delivery
Our Shipping & Delivery Policy forms part of these Terms and applies to all orders. It sets out dispatch timeframes, delivery methods, tracking, delayed or missing parcels (including when tracking shows 'delivered'), and outcomes where an incorrect address is provided.
If you place an order, you agree to the Shipping & Delivery Policy as updated from time to time.
8. Returns, refunds and exchanges
Our Refund, Return & Exchange Policy forms part of these Terms. It explains your rights under the Australian Consumer Law (ACL) and how we handle returns, refunds and exchanges (including for faulty, damaged or incorrect items).
If you place an order, you agree to the Refund, Return & Exchange Policy as updated from time to time.
9. Money-Back Satisfaction Guarantee
Our Money-Back Satisfaction Guarantee is offered in addition to your rights under the ACL and does not limit those rights.
The Guarantee policy sets out eligibility (including first-time purchaser limits), claim timeframes, what the refund covers (product price only; original shipping excluded), and return postage responsibilities.
If you make a Guarantee claim, you agree to the Guarantee policy as updated from time to time.
10. Subscriptions
We offer subscription options through the Site. Subscription details (frequency, pricing, and any subscription benefits such as discounts or free shipping) will be shown at checkout.
10.1 No minimum term; cancel anytime
There is no minimum commitment period. You can cancel your subscription at any time, with effect from the next billing cycle (that is, after any charges already processed prior to cancellation).
10.2 Billing authorisation
By purchasing a subscription, you authorise us (and our payment providers) to charge your chosen payment method on a recurring basis according to your selected plan until you cancel.
10.3 Changes, skips, pauses and cancellations
You may be able to manage your subscription via your subscription management portal. To ensure changes apply before the next scheduled charge, changes should be made at least 2 business days before your next payment date; otherwise you may be charged for the next cycle in accordance with the existing subscription settings.
10.4 Failed payments
If a payment fails, we may retry charging your payment method and/or suspend shipments until payment is successfully processed.
11. Promotions and discount codes
Promotions, gifts and discount codes are subject to any stated terms. We may withdraw promotions or correct genuine errors where reasonably necessary.
12. Reviews and user content
If you submit reviews, comments, testimonials or other content, you represent that the content is accurate to the best of your knowledge and does not infringe any rights or contain unlawful material.
We may use reviews and testimonials for marketing purposes. Testimonials describe individual experiences and your results may differ.
13. Intellectual property
All content on the Site (including text, images, videos, logos, and design) is owned by or licensed to us and is protected by intellectual property laws.
You must not reproduce, distribute, adapt or exploit Site content without our prior written consent, except as permitted by law.
14. Third-party services and links
The Site may include links to third-party websites or services. We do not control and are not responsible for third-party content, policies or practices.
15. Privacy
Our collection and handling of personal information is described in our Privacy Policy.
16. Disclaimers
To the extent permitted by law, the Site is provided 'as is' and 'as available'. We do not warrant that the Site will be uninterrupted or error-free.
Nothing in these Terms excludes non-excludable rights or guarantees you have under the ACL.
17. Limitation of liability
To the extent permitted by law and subject to non-excludable ACL rights:
- we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, or loss of data arising out of or in connection with your use of the Site or Products; and
- where our liability cannot be excluded but can be limited, our liability is limited (at our option) to resupplying the Products or paying the cost of resupplying the Products.
18. Indemnity (limited)
To the extent permitted by law, you agree to indemnify us for loss we suffer due to your breach of these Terms or unlawful misuse of the Site (except to the extent caused by our negligence or breach of law).
19. Force majeure
We are not liable for delay or failure to perform obligations (other than refund obligations required by law) due to events beyond our reasonable control (for example, natural disasters, carrier disruptions, or major outages).
20. Dispute resolution
If a dispute arises in connection with these Terms, you agree to contact us first and allow a reasonable opportunity to resolve the issue. If the dispute is not resolved, either party may propose mediation in New South Wales. Nothing prevents a party from seeking urgent interim relief.
21. General
21.1 Severability
If any provision is invalid or unenforceable, it will be severed and the remainder will remain in effect.
21.2 Waiver
A failure to enforce a provision is not a waiver of that provision.
21.3 Assignment
We may assign or transfer our rights and obligations under these Terms as part of a restructure, sale or transfer of our business. You may not assign your rights without our consent.
21.4 Notices
Notices to us should be sent to hello@breathmor.com.au.
22. Governing law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
Schedule 1 - Definitions and interpretation
Definitions
- ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- ARTG means the Australian Register of Therapeutic Goods.
- Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
- Products means the products offered for sale on the Site.
- Site means the BreathMor website and any related pages, checkout, and subscription portal.
- Subscription means an arrangement where Products are supplied on a recurring basis with recurring billing as selected at checkout.
- Terms means these Website Terms & Conditions, including schedules.
Interpretation
Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. Examples introduced by 'including' or similar words are not limiting.