TERMS OF SERVICE

OVERVIEW

This website is operated by Fresh Reserve. Throughout the site, the terms "we", "us" and "our" refer to Fresh Reserve, a business name of [KIDDO LINGO WORLD PTY LTD] (ABN 98671603606). Fresh Reserve offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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.

Nothing in these Terms of Service excludes, restricts or modifies any consumer rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other legislation, where to do so would be unlawful. To the extent any part of these Terms is inconsistent with rights that cannot lawfully be excluded, those rights prevail and that part is read down to the extent necessary.

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., which provides 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 18 years of age, or that you are of legal age in your place of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, 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 may result in termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We may refuse or cancel an order, or decline to provide the Service, where we reasonably believe the order or use is fraudulent, unlawful, in breach of these Terms, or otherwise not made in good faith. Nothing in this clause affects your rights under the Australian Consumer Law.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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, except to the extent required by law. 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.

This site may contain certain historical information. Historical information, necessarily, 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. Any change will not affect orders we have already accepted from you.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we shall 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. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://getfreshreserve.com/policies/refund-policy

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your device'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 and 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. Any offer for any product or Service made on this site is void where prohibited.

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. These restrictions may include orders placed by or under the same customer account, the same payment method, 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. We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors.

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

For more details, please review our Refund Policy: https://getfreshreserve.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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, except to the extent such warranties cannot lawfully be excluded. Any use by you of the optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website. 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 third-party materials or websites. To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, 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. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (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 and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our reasonable discretion to be unlawful, offensive, threatening, defamatory, 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, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://getfreshreserve.com/policies/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 relating 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), subject to your rights under the Australian Consumer Law.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws, regulations, rules or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 - CONSUMER GUARANTEES, WARRANTIES AND LIMITATION OF LIABILITY

Australian Consumer Law guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Other warranties

Other than the guarantees and rights that cannot be excluded under the Australian Consumer Law or other applicable law, and to the maximum extent permitted by law, we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable. Except as expressly stated by us or required by law, the Service and all products and Services delivered to you through the Service are provided "as is" and "as available" for your use.

Limitation of liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law and any other rights that cannot lawfully be excluded, in no case shall Fresh Reserve, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special or consequential loss or damage of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any products procured using the Service.

Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to: (a) in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing or repairing the goods, or the payment of the cost of acquiring equivalent goods; and (b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

SECTION 14 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Fresh Reserve and our related bodies corporate, officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party. This clause does not apply to the extent a claim arises from our own negligence, breach or unlawful conduct.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed severed from these Terms of Service. Such determination does not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our reasonable judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

If you are a consumer located outside Australia, you may also have the benefit of mandatory consumer protection laws in your country of residence. Nothing in these Terms limits any such rights that cannot lawfully be excluded.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We offer a mobile messaging program (the "Program"), which you agree to use and participate in subject to these SMS/MMS Mobile Message Marketing Program Terms and Conditions (the "Mobile Terms") and our Privacy Policy. The Program is operated in accordance with the Spam Act 2003 (Cth). By opting in to or participating in the Program, you agree to these Mobile Terms.

Program Description The Program allows users to receive SMS and/or MMS mobile messages from Fresh Reserve, including marketing messages, promotional offers, reminders, and transactional updates related to your orders and account.

Opting In You may enrol in the Program by providing your phone number and expressly opting in through our website, checkout, online forms, or other enrolment mechanisms that reference these Mobile Terms. Consent to receive marketing messages is not a condition of any purchase. You can make a purchase from us without agreeing to receive marketing messages.

Message Frequency Message frequency will vary. You may receive recurring marketing messages, along with additional messages related to your interactions with us (such as order updates, cart reminders, or customer service communications).

Sender Identification Every marketing message we send will identify Fresh Reserve as the sender and will include a functional means of unsubscribing.

Charges and Carriers Message and data rates may apply to messages sent to you and from you, as provided by your mobile carrier. You are responsible for any charges imposed by your carrier. Supported carriers may change from time to time and the Program may not be available in all areas.

Opting Out You may opt out at any time by replying STOP to any marketing message from us. You may then receive one further message confirming that your opt-out request has been processed. We will also honour any other reasonable request to unsubscribe that clearly communicates your wish to stop receiving marketing messages, as required by the Spam Act 2003 (Cth).

Help and Support For help regarding the Program, reply HELP to any mobile message, or contact us at: Email: admin@getfreshreserve.com Phone: [INSERT AUSTRALIAN CONTACT NUMBER]

We do not charge for sending HELP or STOP messages, but your carrier's standard message and data rates may apply.

Eligibility and Device Requirements You must have your own wireless device capable of two-way text messaging, be a mobile service subscriber with a participating carrier, and be authorised to use the phone number you provide. By opting in, you represent that you satisfy these requirements.

Privacy We collect, use and store information about you in connection with the Program in accordance with our Privacy Policy: https://getfreshreserve.com/policies/privacy-policy

Program Availability and Changes The Program is offered on an "as-is" basis and may not always be available in all areas or at all times. We reserve the right to modify or discontinue the Program at any time, with or without notice, and to update these Mobile Terms from time to time. Your continued participation in the Program following any changes constitutes your acceptance of those changes.

SECTION 21 - DISPUTE RESOLUTION

We want you to be happy with our products and Services. If you have a concern, complaint or dispute, please contact us first at admin@getfreshreserve.com with a brief description of the issue and your contact details, so we can try to resolve it quickly and informally. We will attempt to resolve your concern within thirty (30) days.

If we are unable to resolve a dispute informally, you may pursue your rights through the appropriate Australian courts or tribunals, or through an applicable external dispute resolution scheme or consumer protection body, including the Australian Competition and Consumer Commission (ACCC) or your relevant State or Territory fair trading or consumer affairs agency.

Nothing in these Terms of Service requires you to submit any dispute to binding arbitration, prevents you from participating in any representative or class proceeding, or limits your access to any court, tribunal or dispute resolution scheme available to you under Australian law.

This Section 21 survives any termination of these Terms of Service.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Fresh Reserve A business name of [KIDDO LINGO WORLD PTY LTD] (ABN 98671603606) Registered business address: 12/2 Marathon Road Darling Point NSW 2027 Australia

Email: admin@getfreshreserve.com

These Terms of Service were last updated on 3 July 2026.