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Terms of service

Last Updated: 10 January 2026

OVERVIEW 

SECTION 1 – ACCESS AND ACCOUNT
By using Everest Active’s Services, you confirm that you are of legal age in your jurisdiction and have the authority to allow any minor dependents to access the Services on your devices. To fully access our Services, you may be required to provide personal information, such as email, billing, shipping, and payment details. You represent and warrant that all information provided is accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities occurring under your account. Accounts may not be transferred, sold, or assigned to any other person without prior written permission.

SECTION 2 – OUR PRODUCTS
Everest Active strives to provide accurate and up-to-date descriptions of our products. However, product colors and appearance may vary depending on your device or display settings. Product specifications, availability, pricing, and promotions may change without notice at our sole discretion. We reserve the right to discontinue or limit any product at any time.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Orders are accepted only upon confirmation from Everest Active after payment is processed. We reserve the right to decline, modify, or cancel orders for any reason and will attempt to notify you via the contact information provided. All purchases are for personal use only and are subject to our Refund Policy [LINK].

SECTION 4 – PRICES AND BILLING
All prices, discounts, and promotions are subject to change without prior notice. Listed prices exclude taxes, shipping, handling, and other applicable fees unless explicitly stated. You agree to provide accurate, complete, and up-to-date payment information and to pay all charges, including applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. Everest Active is not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you upon delivery to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY
All content on our Services, including trademarks, logos, text, images, videos, designs, and layouts, is owned by Everest Active or its licensors and is protected under applicable intellectual property laws. You may only use the Services for personal, non-commercial purposes. Unauthorized reproduction, modification, distribution, or display of our content is strictly prohibited.

SECTION 7 – OPTIONAL TOOLS
Our Services may provide access to optional third-party tools. These tools are offered “as-is” and “as-available” without any warranties, and your use is at your own risk. Everest Active assumes no responsibility or liability arising from the use of third-party tools.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. Everest Active does not endorse, control, or guarantee the accuracy or reliability of third-party content. Any interactions with third-party websites, including purchases, are at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Everest Active is powered by Shopify; however, all transactions occur directly between you and Everest Active. Shopify is not responsible for your orders, products, or services. You release Shopify from any claims or liabilities related to your purchases or transactions.

SECTION 10 – PRIVACY POLICY
Your personal information is collected and handled according to our Privacy Policy [LINK] and may also be processed by Shopify or other third-party providers in other countries to provide and improve the Services. By using our Services, you consent to such data collection, storage, and use.

SECTION 11 – FEEDBACK
By submitting feedback, ideas, or suggestions, you grant Everest Active a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display your submission for any purpose. You represent that your feedback does not violate third-party rights and complies with our Terms. Everest Active is not obligated to respond to or compensate for any submitted feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, product descriptions, pricing, promotions, shipping charges, or availability may contain errors. Everest Active reserves the right to correct errors, update information, or cancel orders if inaccuracies are discovered, even after an order has been submitted.

SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not engage in illegal, harmful, misleading, or abusive conduct, infringe intellectual property rights, or disrupt the Services. Everest Active reserves the right to suspend or terminate accounts that violate these Terms.

SECTION 14 – TERMINATION
Everest Active may terminate or restrict your access to the Services at any time without notice. You remain liable for all charges due up to termination. Sections including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Privacy Policy survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as-is” and “as-available” without warranties, either express or implied. Everest Active does not guarantee uninterrupted, timely, secure, or error-free use of the Services, and disclaimers apply to all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent allowed by law, Everest Active and its affiliates, partners, and Shopify are not liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Everest Active, Shopify, and our affiliates from claims, damages, or losses arising from your breach of these Terms, violation of law, or infringement of third-party rights. Everest Active may control the defense of such claims at your expense.

SECTION 18 – SEVERABILITY
If any part of these Terms is found to be unlawful or unenforceable, it will be severed, and the remaining Terms will continue to apply in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce a provision does not constitute a waiver. These Terms, together with our policies, constitute the entire agreement between you and Everest Active, superseding prior agreements. Ambiguities are not interpreted against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations without prior written consent. Everest Active may assign or delegate its rights without notice or consent.

SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. You and Everest Active consent to venue and jurisdiction in the courts of Victoria.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
Everest Active may update these Terms at any time by posting changes on its website. Your continued use of the Services constitutes acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION
For questions regarding these Terms, please contact us at admin@everestactive.com.au.