Terms

Effective Date: 01 August 2026

1.Welcome to Off Peak

These Terms and Conditions ("Terms") govern your use of drinkoffpeak.com.au (the "Website") and your purchase of products from Off Peak. By accessing our Website or placing an order, you agree to these Terms. Please read them carefully.

Off Peak is operated out of Victoria, Australia. If you don't agree with these Terms, please don't use our Website or purchase our products.

Contact details:

• Email: hello@drinkoffpeak.com
• Contact: Team Off Peak
  
  
  

2. Our Products

Off Peak makes a premium, no-added-sugar sparkling hydration drink, sold in a sleek 330ml aluminium can. Our primary format is a 24-pack case, priced at $90.70 AUD (standard), though pricing may vary by offer type and is confirmed at checkout.

Important product information:

• Off Peak is a sparkling hydration drink. It is not described or marketed as an "electrolyte drink," in line with the naming requirements of the Australian Food Standards Code (Standard 2.6.2).
• Off Peak is not a therapeutic good, medicine, or supplement, and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• Any claims we make about our product comply with Food Standards Australia New Zealand (FSANZ) requirements. We do not make therapeutic or medicinal claims about our product.
• Product ingredients, nutritional information, and packaging are accurate as at the time of publicationand may be updated from time to time. Please check the can and website for the most current information, especially if you have allergies or dietary requirements.
  
  
  

3. Presale Early Supporter Discount

During our presale period, we're offering the following limited-time discounts to early supporters:

One-Time Purchase — 20% Off

• Standard 24-pack price: $90.70 AUD
• Presale one-time price: $72.56 AUD (20% off)
• Discount applies to a single 24-pack purchase only
• One per customer unless otherwise stated
• Available while presale offer is active; Off Peak reserves the right to end the presale at any time

Subscription — 30% Off + Subscriber Freebies

• Standard 24-pack price: $90.70 AUD
• Presale subscription price: $63.49 AUD per delivery (30% off, usually 20% off for subscribers)
• Subscription frequency options: every 2 weeks, every 4 weeks (default), or every 8 weeks — selectable at checkout
• Subscribers will be charged automatically at the selected frequency using their saved paymentmethod via Shopify Payments
• Cancel anytime before your next billing date with no cancellation fees, via your account or by emailing hello@drinkoffpeak.com
• Cancellation takes effect from the next billing cycle; orders already dispatched cannot be refunded

Subscriber Freebies — Coming Soon

All presale subscribers will receive exclusive Off Peak subscriber freebies bundled with one of their future refill deliveries once the items are released. The specific items are yet to be revealed — think of it as a locked drop. You'll know when it's time.

• Freebies are awarded automatically to active subscribers at the time of release; no action required
• Items are not transferable, not redeemable for cash, and subject to availability
• Off Peak reserves the right to determine the timing, contents, and eligibility criteria for subscriberfreebies
• If your subscription is cancelled before the freebie ships, you will not be eligible

General Presale Offer Terms

• Presale discounts apply to new orders placed during the active presale period only
• Discounts cannot be combined with other promotions unless stated
• Off Peak reserves the right to amend, extend, or close the presale offer at any time
• Pricing after the presale period reverts to the standard price at the time of your next order
  
  
  
  

4. Orders and Purchases

One-Time Purchases
You can purchase Off Peak as a single one-time order via our Website.

Subscriptions
If you subscribe, you agree to recurring charges at the selected frequency until you cancel. See Section 3 above for presale subscription terms.

Order Acceptance
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order, including in cases of suspected fraud, pricing errors, or stock unavailability. If we cancel an order after payment, you'll receive a full refund for that order.

5. Pricing and Payment

• All prices are listed in Australian Dollars (AUD) and include GST where applicable, unless statedotherwise.
• Payments are processed securely by Shopify Payments. Off Peak does not store your full card details.
• We take reasonable care to ensure pricing displayed on our Website is accurate, but errors canoccur. If we discover a pricing error on your order, we'll contact you before proceeding and give you the option to confirm the order at the correct price or cancel for a full refund.
  
  
  

6. Shipping and Delivery

• We ship Australia-wide using carriers such as Australia Post, Sendle, or similar providers.
• Estimated delivery times and shipping costs will be provided at checkout and may vary dependingon your location.
• Risk in the goods passes to you once they've been delivered to the address provided at checkout.Please ensure your shipping details are accurate — Off Peak isn't responsible for delays or non-delivery caused by incorrect address information provided by you.
• If your order is lost or significantly delayed in transit, please contact us and we'll work with thecarrier and you to resolve it.
  
  
  

7. Returns, Refunds, and Faulty Goods

We want you to love your Off Peak. Our returns approach follows the Australian Consumer Law (ACL):

Faulty or Damaged Goods
If your order arrives faulty, damaged, or not as described, you're entitled to a replacement or refund, in line with your rights under the ACL. Please contact us at hello@drinkoffpeak.com within a reasonable time of receiving your order, with photos where possible, and we'll sort it out promptly.

Change of Mind
Change-of-mind returns (for example, if you simply no longer want the product) are offered at Off Peak's discretion and are not required under the ACL. If we do accept a change-of-mind return, the product must generally be unopened, in its original condition, and returned within a reasonable timeframe, at your own cost, unless we advise otherwise. Contact us first to check eligibility before returning any product.

Your Rights Under Australian Consumer Law
Nothing in these Terms limits or excludes any consumer guarantee, right, or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods come with guarantees that cannot be excluded under the ACL, including that they are of acceptable quality and fit for the purpose for which they're sold.

8. Health, Safety, and Product Use

• Off Peak is a no-added-sugar sparkling hydration drink intended for general adult consumption and is not a therapeutic good or medicine.
• If you have a medical condition, are pregnant or breastfeeding, or have concerns about how ourproduct may interact with your health, please consult your doctor or healthcare professional before consuming.
• Always check the can for ingredient and allergen information relevant to your personalcircumstances.
• Off Peak makes no claims that its product treats, cures, or prevents any disease or medicalcondition, and any statements about hydration or wellbeing on our Website or packaging comply with FSANZ requirements.
  
  
  

9. Website Use and Intellectual Property

• All content on our Website — including our brand name, logo, product photography, and text — isowned by or licensed to Off Peak and is protected by intellectual property laws.
• You may not reproduce, distribute, or use our content for commercial purposes without our priorwritten permission.
• You agree to use our Website lawfully and not to engage in any conduct that could damage,disable, or impair the Website or interfere with other users' experience.
  
  
  

10. Marketing and Social Media

By following, engaging with, or interacting with Off Peak on social media (Facebook, Instagram, etc.), you agree that any public interactions (such as comments or tags) may be visible to others and, where relevant, used by us for marketing purposes such as reposting or engagement, unless you tell us otherwise.

11. Limitation of Liability

To the maximum extent permitted by law:

• Off Peak's liability for any breach of a condition or warranty that cannot legally be excluded islimited, at our option, to the replacement or resupply of the goods, or the repair or refund of the cost of the goods
• Off Peak is not liable for any indirect, incidental, or consequential loss arising from your use of ourWebsite or products, except where such liability cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

12. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which forms part of these Terms.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, products, or legal obligations. Updated Terms will be posted on this page with a revised effective date, and will apply to orders placed after that date.

14. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms or your use of our Website will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Nothing in this clause affects your rights under the Australian Consumer Law.

15. Contact Us

For any questions about these Terms, your order, or anything else, we're happy to help:

These documents were prepared based on the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Australian Consumer Law, and the Australian Food Standards Code (Standard 2.6.2) as a general guide for Off Peak's e-commerce operations. They do not constitute legal advice. We recommend having these documents reviewed by a qualified Australian lawyer before launch to confirm they suit Off Peak's specific circumstances.