Terms of service
SWEET SPOT LIVING™ — TERMS OF SERVICE
Last updated: August 2026
OVERVIEW
Welcome to Sweet Spot Living™.
The terms “Sweet Spot Living”, “we”, “us” and “our” refer to Sweet Spot Living™, the operator of this website and online store.
Sweet Spot Living provides access to products, educational information, articles, resources and other content through this website (collectively, the “Services”).
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced on this website, govern your use of the Services.
By accessing our website, using our Services or purchasing a product from us, you agree to these Terms.
If you do not agree with these Terms, please do not use the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
1. ELIGIBILITY AND ACCOUNTS
By using the Services, you represent that you are legally capable of entering into a binding agreement in your jurisdiction.
You agree to provide accurate, current and complete information when creating an account, placing an order or otherwise interacting with the Services.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
You must not use our Services for any unlawful or unauthorised purpose.
2. OUR PRODUCTS
Sweet Spot Living™ offers nutritional and lifestyle products designed to support a balanced approach to training, nutrition, recovery and everyday living.
We make reasonable efforts to ensure that product descriptions, photographs, ingredients, quantities, directions, warnings and other information displayed on our website are accurate.
However, packaging, labels, product appearance and other characteristics may occasionally change, including where changes are made by manufacturers or suppliers.
Colours and product appearance may also vary depending on your screen and device.
Always read the physical product label, ingredients, directions and warnings supplied with your product before use.
We reserve the right to modify or discontinue products, change product information, or limit quantities or geographic availability where reasonably necessary.
3. HEALTH, NUTRITION AND SUPPLEMENT INFORMATION
Content provided through Sweet Spot Living™, including articles, educational materials, product information and other resources, is provided for general educational and informational purposes.
It is not intended to replace personalised medical advice, diagnosis, treatment or care from an appropriately qualified healthcare professional.
Individual circumstances vary.
Before using a nutritional supplement, customers should read all product information, ingredients, directions, allergen information and warnings.
You should seek appropriate professional advice where necessary, particularly if you:
- are pregnant or breastfeeding;
- are taking prescription or other medication;
- have a diagnosed medical condition;
- have allergies or known sensitivities;
- are preparing for surgery;
- are under medical supervision; or
- are uncertain whether a product is appropriate for you.
Do not exceed the directions stated on the product label.
If you experience an adverse reaction or unexpected symptoms after using a product, discontinue use and seek appropriate professional advice.
No information on this website establishes a doctor-patient, dietitian-patient or other healthcare practitioner relationship.
Some products may be regulated differently depending on their ingredients, presentation and claims. Where a product is classified as a therapeutic good in Australia, additional regulatory requirements may apply.
4. SWEET METHOD™ AND EDUCATIONAL CONTENT
Sweet Spot Living™ may publish educational content incorporating principles from the SWEET Method™, including information relating to strength, nutrition, lifestyle, behaviour change, recovery, confidence, relationships and wellbeing.
This content is intended to educate and inform.
Accessing or reading Sweet Spot Living content does not mean that you have entered into an individual coaching, health or professional-services relationship with David Kearns or any other person associated with Sweet Spot Living.
Individual coaching programs or services, where offered, may be governed by separate agreements and terms.
5. ORDERS
When you place an order through Sweet Spot Living, you are making an offer to purchase the selected products.
Your order is accepted when we confirm acceptance and payment has been successfully processed.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- pricing or product information contains a material error;
- payment cannot be processed;
- we reasonably suspect fraudulent activity;
- delivery to the requested destination is unavailable; or
- fulfilling the order would breach applicable law or regulatory requirements.
If we cancel an order after payment has been received and no product has been supplied, we will provide an appropriate refund.
Please review your order carefully before submitting it.
Because products may enter fulfilment and production shortly after an order is accepted, we may be unable to cancel or modify an order once production has begun.
Your rights regarding faulty, damaged or incorrectly supplied goods are not affected by this provision.
Returns, refunds and replacements are governed by our Refund, Return & Replacement Policy and applicable consumer law.
6. PRICES AND PAYMENT
Prices are displayed in the currency identified on our website.
Prices, discounts and promotions may change from time to time.
The price applicable to your order will generally be the price displayed when your order is submitted, subject to correction of genuine pricing or technical errors as permitted by law.
Shipping, taxes, customs duties and other charges will be displayed or communicated where applicable.
You agree to provide current, complete and accurate billing and payment information.
You represent that you are authorised to use the payment method provided for your purchase.
7. SHIPPING AND DELIVERY
Delivery times displayed by Sweet Spot Living are estimates unless expressly stated otherwise.
Actual delivery times may be affected by fulfilment processing, carriers, customs, destination, public holidays and circumstances outside our reasonable control.
Customers are responsible for providing an accurate and complete delivery address.
If an order cannot be delivered because the customer supplied an incorrect or incomplete address, additional reshipping costs may apply.
For international orders, customers may also be responsible for applicable import duties, taxes and customs charges.
Nothing in this section excludes or limits your rights under the Australian Consumer Law.
Online purchases remain subject to the ordinary consumer guarantees that apply to products and services sold to Australian consumers.
Please refer to our Shipping Policy for further information.
8. RETURNS, REFUNDS AND REPLACEMENTS
Returns, replacements and refunds are handled according to our Refund, Return & Replacement Policy.
Sweet Spot Living generally does not provide refunds solely because a customer changes their mind, except where we expressly agree otherwise.
This does not affect your statutory rights.
Products supplied to Australian consumers come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
If a product fails to comply with an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances and nature of the failure.
9. AUSTRALIAN CONSUMER LAW
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and 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.
These statutory rights operate independently of any additional warranty, refund policy or guarantee provided by Sweet Spot Living.
The ACCC confirms these consumer guarantees apply automatically and cannot be removed by store terms or refund policies.
10. PRODUCT AVAILABILITY
Products may occasionally become unavailable, temporarily out of stock or discontinued.
We reserve the right to modify or discontinue products at any time.
If we cannot fulfil an order you have already paid for, we will contact you and provide an appropriate refund or other available remedy.
We are not responsible for indirect commercial losses arising from a product becoming unavailable or being discontinued, except to the extent that liability cannot lawfully be excluded.
11. INTELLECTUAL PROPERTY
Unless otherwise stated, the content and intellectual property associated with Sweet Spot Living™, including its branding, logos, designs, written content, photographs, graphics, educational materials and original methodologies, are owned by or licensed to Sweet Spot Living and/or their respective rights holders.
This includes, where applicable, the Sweet Spot Living™ brand, SWEET Method™, associated brand assets, educational frameworks and original content.
You may access our website and content for personal, non-commercial purposes.
You must not reproduce, distribute, republish, sell, commercially exploit, modify or create derivative commercial works from our protected content without prior written permission, except where permitted by law.
Third-party trademarks and intellectual property remain the property of their respective owners.
12. SHOPIFY
Sweet Spot Living is powered by Shopify, which provides the ecommerce technology used to operate our online store.
However, purchases made through the Sweet Spot Living store are transactions between you and Sweet Spot Living.
Shopify is not the seller of Sweet Spot Living products.
Your use of certain Shopify technology may also be subject to Shopify's applicable terms and privacy practices.
13. PRIVACY
We respect your privacy.
Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our ecommerce Services are powered by Shopify, certain information may also be processed by Shopify and other service providers involved in operating our store, processing payments, fulfilling orders and providing Services.
Please review our Privacy Policy for further information.
14. THIRD-PARTY SERVICES AND LINKS
Our Services may include links to third-party websites, platforms, payment providers, delivery providers or other services.
We do not control third-party websites and are not responsible for their independent content, policies or practices.
Your use of third-party services may be governed by separate terms and privacy policies.
This provision does not limit any responsibility Sweet Spot Living has to you under applicable law for products or Services supplied by Sweet Spot Living.
15. REVIEWS, COMMENTS AND USER CONTENT
If you submit a review, comment, photograph, testimonial, suggestion or other content to Sweet Spot Living, you confirm that you have the right to provide that content.
You must not submit content that:
- infringes another person's intellectual property or privacy rights;
- is knowingly false or misleading;
- is unlawful, abusive or defamatory;
- contains malicious software; or
- falsely represents your identity or experience.
Where you provide content for publication or promotional use, you grant Sweet Spot Living a non-exclusive, worldwide, royalty-free licence to reproduce, publish and display that content for reasonable business and promotional purposes, subject to applicable privacy and consumer laws.
We may moderate or remove content where reasonably necessary.
16. ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping, availability or other information.
We reserve the right to correct genuine errors and update information.
Where an error materially affects an order already placed, we will act reasonably and in accordance with applicable consumer law.
17. PROHIBITED USES
You must not use our Services:
- for unlawful purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property rights;
- to harass, abuse or harm another person;
- to transmit malicious software;
- to obtain unauthorised access to our systems;
- to collect personal information unlawfully;
- to send spam or fraudulent communications;
- to impersonate another person;
- to interfere with the security or operation of the Services; or
- to reproduce or commercially exploit our website or content without permission.
We may restrict or terminate access where we reasonably believe these Terms have been materially breached.
18. DISCLAIMER
We make reasonable efforts to provide accurate and useful information through Sweet Spot Living.
However, general educational content cannot account for every person's individual circumstances.
Results from training, nutrition, supplements, lifestyle changes or other strategies vary between individuals.
We do not guarantee specific physical, performance, body-composition, wellbeing or lifestyle outcomes from using our products or educational content.
Nothing in this section excludes any statutory guarantee, warranty or other right that cannot lawfully be excluded.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Sweet Spot Living will not be liable for losses that are not reasonably foreseeable or that are not caused by our breach of these Terms or failure to comply with an applicable legal obligation.
However, nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising under consumer guarantees that cannot be excluded under the Australian Consumer Law.
Where Australian Consumer Law entitles a consumer to compensation for reasonably foreseeable loss or damage arising from a failure to comply with a consumer guarantee, these Terms do not restrict that entitlement.
20. INDEMNITY
To the extent permitted by law, you agree to indemnify Sweet Spot Living against reasonable losses, liabilities or costs arising directly from:
- your unlawful use of the Services;
- your material breach of these Terms; or
- your infringement of another person's legal rights.
This provision does not require you to indemnify Sweet Spot Living for losses caused by our own unlawful conduct, negligence or breach of obligations that cannot legally be excluded.
21. TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where you materially breach these Terms, misuse the Services or engage in unlawful or fraudulent activity.
Termination does not affect rights or obligations that accrued before termination.
Provisions intended by their nature to survive termination, including intellectual property, liability and applicable dispute provisions, will continue to apply.
22. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary.
The remaining provisions will continue in effect.
23. WAIVER AND ENTIRE AGREEMENT
A failure by Sweet Spot Living to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
These Terms and the policies incorporated into them constitute the agreement governing your use of the Sweet Spot Living Services, except where a separate written agreement applies to a particular service.
24. GOVERNING LAW
These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia.
You and Sweet Spot Living submit to the jurisdiction of the courts of Western Australia and any courts having jurisdiction to hear appeals from those courts.
Nothing in this section removes any rights you may have under applicable consumer protection legislation.
25. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
The current version will be published on this website together with its effective or last-updated date.
Where required by law, we will provide appropriate notice of material changes.
26. CONTACT INFORMATION
Questions regarding these Terms or Sweet Spot Living orders can be directed to:
Sweet Spot Living™
Trading name: Sweet Spot Living
Email: support@yoursweetspotliving.com
Business address: 6 Iroquois Gardens, Joondalup, Western Australia 6027, Australia
ABN: 93 168 558 898