Terms & Conditions

1. About us

This website is operated by Jack Evelyn Pty Ltd (ACN 648 931 257, ABN 75 648 931 257) trading as Bold Health (“Bold Health”, “we”, “us”, “our”).

These Terms & Conditions (“Terms”) apply to your use of www.boldhealth.com.au (the “Site”) and to every order you place with us. Please read them before you buy.

Our store is hosted on Shopify Inc, which provides the e-commerce platform that allows us to sell to you.

2. Agreeing to these Terms

By browsing the Site or placing an order, you agree to these Terms and to our Privacy Policy and Returns & Refunds Policy, which form part of them.

If you do not agree, please do not use the Site.

3. Changes to these Terms

We may update these Terms from time to time — for example, to reflect changes to our products, our processes, or the law.

The version published on this page at the time you place an order is the version that applies to that order.

Changes are not retrospective. They will not affect orders you have already placed or a subscription cycle you have already been charged for.

If we make a change that materially affects an active subscription, we will email you at least 14 days before it takes effect, and you may cancel before then at no cost.

4. Who can buy from us

You must be at least 18 years old to purchase from the Site.

Our products are foods intended for adults. They are not intended for children, and we do not knowingly sell to anyone under 18.

5. Your account

You may create an account to track orders and manage subscriptions. You agree to:

• provide accurate, current and complete information;
• keep your login details secure; and
• update your details (including email address and payment card expiry) so we can process your orders and contact you.

You are responsible for activity on your account. Tell us promptly if you believe it has been accessed without your permission.

You can also check out as a guest, though you will need an account to manage a subscription.

6. Orders and when a contract is formed

Product listings on the Site are an invitation to buy, not an offer.

When you place an order, you make an offer to purchase.

We will send you an order confirmation email. This acknowledges we have received your order — it does not create a contract.

A contract is formed only when we dispatch your order. If your order contains multiple items, a separate contract is formed as each item is dispatched.

When we may not accept an order. We may decline or cancel an order before dispatch if:

• the product is out of stock or discontinued;
• there was a genuine pricing or description error (see clause 7);
• we cannot verify your payment or delivery details;
• we reasonably believe the order is fraudulent, or is for resale where you are not an authorised stockist; or
• we are unable to deliver lawfully to your address.

If we decline or cancel an order after you have paid, we will refund you in full within 5 business days, using your original payment method. We will contact you using the email or phone number provided with the order.

7. Prices, errors and payment

Prices. All prices are in Australian dollars and include GST unless stated otherwise. Delivery charges are additional and shown at checkout before you pay.

Price changes. We may change prices at any time, but the price that applies to your order is the price displayed at the time you place it. For subscriptions, see clause 8.

Errors. Despite our care, the Site may occasionally contain an error in a price, description, image or availability. Where an error is genuine and obvious, we may cancel the affected order and refund you in full rather than supply at the incorrect price. We will tell you promptly if this happens. This clause does not allow us to change a price after we have dispatched your order.

Payment. We accept Visa, Mastercard and American Express (via Shopify Payments), PayPal, PayPal Pay in 4, Apple Pay, Google Pay and Shop Pay. Payment is processed by our payment providers — we do not receive or store your full card details.

Buy now, pay later. If you pay using PayPal Pay in 4 or a similar service, that arrangement is a separate contract between you and the provider, governed by their terms. Your consumer rights against us for the goods are unaffected.

8. Subscriptions

Our subscriptions give you a recurring delivery at a discounted price. Full details, including how to cancel, are set out in our Returns & Refunds Policy. In summary:

• What you are agreeing to. When you start a subscription, you authorise us to charge your payment method the subscription price at the frequency you select, on an ongoing basis until you cancel. There is no fixed term and no minimum number of deliveries.
• Frequency and price. You choose how often you receive your order — every 2 weeks, monthly (our default), or at any monthly interval such as every 3 or 4 months. Your frequency and price are shown before you check out and confirmed in your order confirmation.
• Subscriber savings. Subscribers save 10% on the product price and pay a reduced delivery fee (see clause 9). You can change your frequency at any time in your account.
• Reminder before each charge. We will email you 2 days before each renewal is billed. [CONFIRM: please verify the exact setting in Appstle before publishing — this is a promise once it is live.]
• Cancelling, pausing or skipping. You can do all three yourself at any time by logging into your account and going to the Subscriptions section. You do not need to phone or email us.
• Cut-off. To stop the next delivery, cancel, pause or skip at least 48 hours before your next billing date. If you cancel after being charged but before dispatch, contact us and we will refund that order in full.
• Price changes. We will give you at least 14 days’ notice by email before any subscription price increase, and you may cancel before it takes effect.
• Failed payments. If a payment fails we will retry up to 3 times over 3 days and email you. If it continues to fail, we will pause your subscription. We will never dispatch and then pursue you for payment.

We no longer offer pre-paid 3 or 6 month plans. If you purchased one previously, the terms that applied at the time of purchase continue to apply to it.

9. Delivery, risk and title

Where we deliver. Australia-wide, and to New Zealand, Canada, the United States and China.

Fulfilment. Orders are picked and packed by our fulfilment partner in Brisbane and sent by Australia Post, Aramex, StarTrack or another carrier we nominate, depending on your location and the size of your order.

Delivery charges (Australia).

Free delivery over $60 applies to both one-off and subscription orders. International delivery is a flat $20 AUD to all destinations we ship to. Delivery charges are always shown at checkout before you pay.

Timeframes. Estimated delivery timeframes are:

• Australia: 2–5 business days, depending on your location
• International: 1–3 weeks

Estimates are not guarantees, but we will supply within the time we state or, if none is stated, within a reasonable time, as the Australian Consumer Law requires.

Risk and title. Risk passes to you on delivery. Title passes on delivery or when we receive payment in full, whichever is later.

If something goes wrong with delivery. If your order does not arrive, arrives damaged, or is missing items, contact us — do not contact the carrier. Until your order is delivered it is our responsibility, and we will resolve it with you directly. See our Returns & Refunds Policy.

10. International orders

If you order from outside Australia:

• Delivery cost. International delivery is a flat $20 AUD.
• Duties and taxes. Our prices and delivery charge exclude any import duties, taxes, customs charges or brokerage fees. These are set by your country, are payable by you, and are usually collected by the carrier before delivery. We cannot tell you in advance what they will be — please check with your local customs authority before ordering.
• Local laws are your responsibility. Rules on importing food and supplement products vary. It is your responsibility to check that the products may be lawfully imported into your country. We are not liable if goods are seized, refused entry or delayed by customs, and we cannot refund products lost this way — though we will help with documentation where we can.
• Delivery times for international orders are longer and less predictable.

Returns from outside Australia are covered in our Returns & Refunds Policy.

11. Your rights under the Australian Consumer Law

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

For a major failure, you are entitled to a replacement or a refund — your choice — and to compensation for any other reasonably foreseeable loss or damage. For a failure that does not amount to a major failure, you are entitled to have the problem fixed within a reasonable time and, if it is not, to a refund and to cancel the contract.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any part of these Terms would do so, it does not apply to the extent of that inconsistency.

Our Returns & Refunds Policy explains how to make a claim and what to expect. It sits in addition to your rights above, never instead of them.

12. Product information and health

Our products are foods, not medicines. Health Protein Boost, Collagen Glow and Bold Creatine are food products supplied under the Australia New Zealand Food Standards Code. They are not therapeutic goods and are not intended to diagnose, treat, cure or prevent any disease.

Our products are intended to complement a healthy, balanced diet. They are not meal replacements.

Always read the label and follow the directions for use.

Information on the Site — including blog articles, references and customer reviews — is general in nature and is not a substitute for professional healthcare advice.

Consult your doctor, pharmacist or an accredited practising dietitian before use if you are pregnant or breastfeeding, taking prescription medication, managing a medical condition, or have any concerns. This matters particularly if you take medicines that interact with protein, calcium or other nutrients.

Allergens are declared on each product label. Check the label before use if you have an allergy or intolerance.

If you experience an adverse reaction, stop using the product and seek medical advice. Please also tell us — see our Returns & Refunds Policy.

Images and colours. We try to display product colours and images accurately, but screens vary and we cannot guarantee your device displays them exactly.

13. Reviews, comments and content you submit

We publish customer reviews because they help other people decide. We want them to be trustworthy.

Our commitments.

• We publish reviews from verified purchasers.
• We publish both positive and negative reviews. We do not remove a review simply because it is unfavourable.
• We do not write fake reviews, and we do not pay anyone to write one.
• If a review was written by someone who received a free or discounted product, or any other incentive, that will be disclosed alongside it.

Your obligations. When you submit a review, comment, photo or other content, you agree it is your own, is honest, and does not:

• infringe anyone’s copyright, trade mark or other rights;
• contain unlawful, defamatory, abusive, obscene or discriminatory material;
• misrepresent who you are; or
• make claims that our products treat, cure or prevent disease.

Moderation. We may decline to publish or may remove content that breaches the above, or that contains personal or medical information about an identifiable person. We will not remove a review merely for being critical.

Licence. By submitting content, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display it in connection with promoting Bold Health, with attribution to the first name and initial you provide. You may ask us to remove your content at any time by emailing support@boldhealth.com.au, and we will do so within a reasonable time.

Ideas and suggestions. If you send us unsolicited ideas or suggestions, we may use them without obligation to keep them confidential or to pay you — but we will not claim you endorsed us without your consent.

14. Affiliates and paid partners

We operate an affiliate program through UpPromote. Participation is governed by the affiliate terms available at boldhealth.com.au/pages/affiliate-terms.

If you promote Bold Health as an affiliate, ambassador or paid partner, you must:

• clearly disclose the commercial relationship in every post (for example “#ad” or “paid partnership”), as required by Australian Consumer Law and the AANA Code of Ethics;
• make no therapeutic claims — you must not say or imply our products treat, cure or prevent any disease, or use before-and-after imagery implying a therapeutic outcome;
• only use claims and copy we have approved;
• not bid on our brand name in paid search, or distribute discount codes we have not issued; and
• make only honest statements about your own experience.

We may withhold commission and end your participation if you breach these requirements. You are responsible for your own tax obligations on commissions.

15. Promotions and competitions

From time to time we run competitions, giveaways and promotional offers. The standing terms in Schedule 1 apply to all of them, together with the specific terms published for each promotion.

Where the two conflict, the specific terms for that promotion prevail.

16. Purchases through marketplaces and stockists

We also sell through eBay and through retail stockists.

If you bought from a marketplace or a stockist rather than from this Site, that seller’s terms, delivery arrangements and returns process apply to your purchase, and you should contact them first. Your consumer guarantee rights under the Australian Consumer Law still apply, and you are welcome to contact us if you cannot resolve a product fault with them.

Wholesale and stockist supply is governed by separate agreements, not these Terms.

17. Using the Site

You may use the Site for lawful personal purposes only. You must not:

• use the Site or our products for any unlawful purpose, or breach any law that applies to you;
• upload viruses or malicious code, or interfere with the security or operation of the Site;
• collect or track other people’s personal information, or scrape, spider or harvest data from the Site;
• attempt to gain unauthorised access to any part of the Site or our systems;
• use the Site to harass, abuse, defame or discriminate against anyone; or
• resell our products commercially without our written permission.

If you breach this clause, we may suspend or terminate your access. Where it is reasonable to do so, we will give you notice and an opportunity to fix the problem first.

18. Intellectual property

All content on the Site — including the Bold Health name and logo, product names, text, images, videos, graphics and page design — is owned by us or licensed to us and is protected by copyright and trade mark law.

You may view, download and print content for your own personal, non-commercial use. You may not reproduce, republish, sell or exploit it commercially without our written permission.

19. Third-party links and tools

The Site may link to third-party websites or provide access to third-party tools. We do not control them and are not responsible for their content, accuracy or practices. Please review their terms and privacy policies before using them.

Third-party tools are provided on an “as is” basis. This does not limit any right you have against us under the Australian Consumer Law for goods or services we supply.

20. Our liability

Read clause 11 first. Nothing in this clause limits your rights under the Australian Consumer Law.

Subject to clause 11, and to the extent permitted by law:

• Where we are liable for a failure to comply with a consumer guarantee in relation to goods (other than goods of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of doing so.
• We are not liable for loss or damage that was not reasonably foreseeable, or that was caused by your failure to follow the label directions, your misuse or improper storage of a product, or your failure to check the ingredient list where you have a known allergy or intolerance.
• We are not liable for indirect or consequential loss, loss of profits or loss of opportunity, except where the Australian Consumer Law entitles you to that compensation.
• We do not guarantee the Site will be uninterrupted or error-free, and we are not liable for loss caused by the Site being temporarily unavailable.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud.

21. Your responsibility to us

You agree to compensate us for reasonable loss, damage or legal costs we actually incur as a direct result of your breach of these Terms or your unlawful conduct.

This does not apply to the extent the loss was caused or contributed to by us, and it is limited to loss we could not reasonably have avoided.

22. If something goes wrong — complaints

We would much rather hear from you than have you go elsewhere.

• Contact us at support@boldhealth.com.au or 1300 123 282. Please include your order number.
• We will acknowledge your complaint within 3 business days and aim to resolve it within 5 business days. If it will take longer, we will tell you why and keep you updated.
• If you are not satisfied, you may contact the ACCC (www.accc.gov.au) or NSW Fair Trading (www.fairtrading.nsw.gov.au), or your local consumer protection agency.

Nothing in these Terms prevents you from contacting a regulator or taking any action available to you under the law.

23. Events outside our control

We are not liable for delay or failure to perform caused by an event beyond our reasonable control — including natural disaster, fire, flood, pandemic, industrial action, carrier failure, supply chain disruption, or failure of utilities or telecommunications.

If such an event affects your order, we will contact you, and you may cancel the affected part of your order for a full refund.

24. Ending this agreement

You may stop using the Site at any time, and cancel a subscription as set out in clause 8.

We may suspend or end your access to the Site or your account if you seriously or repeatedly breach these Terms. Except where the breach is serious or unlawful, we will give you reasonable notice and a chance to fix it. If we do end your access, we will still fulfil or refund any order you have already paid for.

Clauses that by their nature should survive — including clauses 11, 18, 20, 21 and 25 — continue after termination.

25. General

• Severability. If any part of these Terms is found to be unenforceable, it is severed and the rest continues to apply.
• Waiver. If we do not enforce a right, that is not a waiver of it.
• Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours if we sell or restructure the business, provided your rights are not reduced. We will tell you if this happens.
• Entire agreement. These Terms, together with our Privacy Policy and Returns & Refunds Policy, are the entire agreement between us about your use of the Site and your purchases, and replace any earlier version.
• Governing law. These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If you live outside Australia, you may still have the benefit of mandatory consumer protections in your own country.

26. Contact us

Schedule 1 — Standing terms for promotions and competitions

These terms apply to every competition, giveaway or promotion we run, in addition to the specific terms published for that promotion.

1. Promoter. Jack Evelyn Pty Ltd (ACN 648 931 257) trading as Bold Health, 3/780 Bourke Street, Surry Hills NSW 2010.
2. Eligibility. Entry is open to Australian residents aged 18 or over, unless the specific terms say otherwise. Our directors, employees, contractors and their immediate families, and anyone associated with running the promotion, are not eligible.
3. Entry. Entry is free and details are set out in the specific terms. Incomplete, indecipherable or late entries are invalid. Automated, bulk or fraudulent entries will be disqualified. Entries become our property.
4. Entry period. Each promotion has a stated opening and closing time, in Australian Eastern time (AEST/AEDT as applicable).
5. How winners are chosen. The specific terms will state whether the promotion is a game of skill (entries judged on merit against stated criteria, judge’s decision final, no correspondence entered into) or a game of chance (random draw at the stated time and place).
6. Prizes. Each prize, and its total value, is stated in the specific terms. Prizes are not transferable or exchangeable and cannot be taken as cash unless we say otherwise. If a prize becomes unavailable, we may substitute one of equal or greater value, subject to any regulatory approval required.
7. Notification and publication. Winners will be notified by [email/direct message] within [X] business days of the draw or judging. By entering, you consent to your first name and state being published if you win, as required by law.
8. Unclaimed prizes. If a prize is unclaimed, we will conduct an unclaimed prize draw at the time and place stated in the specific terms, subject to any regulatory requirements.
9. Permits. Where a promotion is a game of chance and a permit or authority is required, the relevant permit numbers will be listed in the specific terms.
   [CONFIRM before running any random-draw promotion: permit thresholds differ by state — ACT above $3,000, SA above $5,000, and NSW operates a duration-based authority under the Community Gaming Act 2018. Confirm the current NSW threshold directly with NSW Fair Trading. Games of skill require no permit anywhere in Australia.]
10. Privacy. Personal information collected for a promotion is handled under our Privacy Policy. We use it to run the promotion and, where you have opted in, to send you marketing. We do not sell it.
11. Social media platforms. Where a promotion runs on Instagram, Facebook, YouTube or any other platform, it is in no way sponsored, endorsed, administered by, or associated with that platform. You release the platform from any responsibility, and any questions should be directed to us, not to them.
12. Liability. Subject to your rights under the Australian Consumer Law, we are not liable for any loss arising from a prize, from entering a promotion, or from technical failures outside our control. Nothing here excludes any right or remedy you have that cannot lawfully be excluded.
13. Changes. If a promotion cannot run as planned for reasons outside our control, we may amend, suspend or cancel it, subject to any approval required by law.
14. General. Failure to comply with these terms may result in disqualification. Prizes are awarded on the condition that any tax consequences are the winner’s responsibility.