Terms of Service

1. Overview

This website is operated by Avari Co. (“we”, “us”, “our”). By accessing or using our website and/or placing an order, you (“Customer”, “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, you must immediately cease use of this website and its Services. These Terms govern your use of our website, including all associated products, services, tools, and content provided by us. We reserve the right to amend these Terms at any time by posting the revised version on our website. Your continued use of the website after any such changes constitutes your acceptance of the new Terms.

2. Online Store Terms

2.1 Eligibility.
By using our website, you represent that you are of legal age in your jurisdiction or have obtained the necessary consent from a legal guardian.

2.2 Prohibited Activities.
You agree not to use our products or the website for any illegal or unauthorized purpose, including but not limited to infringing on any intellectual property rights or transmitting harmful software. Any breach of these provisions may result in immediate termination of your access.

3. General Conditions

3.1 Service Availability.
We reserve the right to refuse service to any Customer, at our sole discretion, for any reason and without prior notice.

3.2 Transmission of Information.
Except for sensitive payment data (which is encrypted), all other information transmitted over the internet is done so in an unencrypted format.

3.3 Intellectual Property.
All content provided on our website is protected by intellectual property laws. You are expressly prohibited from reproducing, duplicating, or exploiting any portion of our content without our prior written consent.

4. Accuracy and Timeliness of Information

4.1 General Information.
While we strive for accuracy, the content on this website may contain errors, omissions, or outdated information. We do not guarantee the completeness or timeliness of the content, and you agree to rely on such information at your own risk.

4.2 Historical Information.
Any historical data is provided solely for reference and may not reflect current information.

5. Modifications to the Service and Prices

5.1 Price Adjustments.
Prices for products are subject to change without notice.

5.2 Service Modifications.
We may modify or discontinue any aspect of the Service at any time, without liability to you or any third party, and without prior notice.

6. Products and Services

6.1 Product Availability.
Products available for purchase online may be subject to limited quantities and specific return or exchange conditions as set forth in our Refund Policy (https://avari.au/policies/refund-policy).

6.2 Product Descriptions.
We make every effort to display product images and descriptions accurately. However, we do not guarantee that the color or appearance of products will exactly match what is displayed on your monitor.

6.3 Sales Limitations.
We reserve the right to limit sales to any geographic region, jurisdiction, or individual at our discretion.

7. Billing and Account Information

7.1 Order Acceptance.
We reserve the right to refuse or cancel any order for any reason, including issues related to payment processing or product availability.

7.2 Customer Responsibilities.
You agree to provide accurate, complete, and current information for every transaction. You must promptly update any information necessary for order fulfilment.

8. Third-party Tools and Links

8.1 Optional Tools.
Our website may offer access to third-party tools. These tools are provided “as is” without any warranty, and we assume no responsibility for any damages arising from their use.

8.2 Third-Party Links.
Links to third-party websites are provided for convenience only. We do not endorse or guarantee the content on these sites and are not liable for any issues that arise from their use.

9. User Submissions

9.1 Feedback and Comments.
Any comments, suggestions, or submissions you provide become our property, and you grant us an irrevocable, royalty-free license to use them.

9.2 Content Standards.
You agree that any submission you make will not infringe on the rights of any third party or contain any unlawful material. We reserve the right to remove any content that we deem, in our sole discretion, to be inappropriate or unlawful.

10. Personal Information

10.1 Data Handling.
Your personal information is processed in accordance with our Privacy Policy (https://avari.au/policies/privacy-policy) and in compliance with the Australian Privacy Principles under the Privacy Act 1988.

10.2 Security.
While we take reasonable measures to protect your data, we cannot guarantee absolute security given the inherent risks of the internet.

11. Errors, Inaccuracies, and Omissions

11.1 Content Corrections.
Should any errors or inaccuracies be identified in the information provided on our website, we reserve the right to correct these without prior notice and without liability to you.

11.2 Order Cancellation.
If any order is found to contain inaccurate information, we may cancel or modify the order accordingly.

12. Prohibited Uses

12.1 Usage Restrictions.
You are expressly prohibited from using the website or its content for any activity that is unlawful or that may harm our business or any third party. This includes, but is not limited to, distributing malware, misusing data, or engaging in fraudulent activities.

12.2 Termination of Access.
Any violation of these prohibitions may result in immediate termination of your access to our Services.

13. Disclaimer of Warranties and Limitation of Liability

13.1 Disclaimer.
The website, products, and Services are provided on an “as is” and “as available” basis, without any warranties of any kind. All express or implied warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby disclaimed to the maximum extent permitted by law.

13.2 Limitation of Liability.
In no event shall Avari Co., its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or Services, even if advised of the possibility of such damages.

13.3 Extent of Liability.
Our liability shall be limited to the fullest extent permitted by applicable law, including under the Australian Consumer Law, which guarantees certain non-waivable rights to consumers.

14. Indemnification

You agree to indemnify, defend, and hold harmless Avari Co., its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or related to your breach of these Terms or your use of our website and Services.

15. Severability 

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remainder of the Terms shall remain in full force and effect.

16. Termination

16.1 Duration.
These Terms remain in effect until terminated by either party.

16.2 Termination by Avari Co.
We reserve the right to terminate or suspend your access immediately if you breach any of these Terms.

16.3 Effect of Termination.
Upon termination, all rights and licenses granted to you will immediately cease, and you must promptly discontinue all use of our website and Services.

17. Entire Agreement

These Terms, along with our Refund Policy and Privacy Policy, constitute the entire agreement between you and Avari Co. regarding your use of our website and Services. Any prior agreements, representations, or communications, whether written or oral, are superseded by these Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with these Terms shall be resolved in the courts of Australia.

19. Changes to Terms

We reserve the right to modify or update these Terms at any time. The most current version will be posted on our website. Your continued use of the website after such changes have been posted constitutes your acceptance of the modified Terms.

20. Contact Information

If you have any questions about these Terms, please contact us at info@avari.co.

21. Additional Provisions

21.1 Australian Consumer Law.
Nothing in these Terms limits your rights under the Australian Consumer Law. All consumer guarantees and statutory rights provided by law remain intact and cannot be waived.

21.2 Medical Disclaimer & Health and Safety.
The information provided on this website is for general informational purposes only and is not intended as a substitute for professional medical advice. Our products are designed for personal use only and are not intended to diagnose, treat, or cure any medical condition. Customers should consult a healthcare professional before use.

21.3 Regulatory Compliance.
Our products comply with all applicable Australian regulations. Should any product not be approved as a medical device by relevant authorities (e.g., the Therapeutic Goods Administration), this will be clearly disclosed to the Customer.

21.4 Shipping, Delivery & Order Cancellation.
Shipping fees, delivery times, and handling charges are provided at the time of purchase. In the event of any delays or if you request an order cancellation, we will update you in accordance with our Refund Policy (https://avari.au/policies/refund-policy).

21.5 Warranty, Returns, and Refunds.
In addition to any express warranties, you are entitled to statutory warranties under Australian Consumer Law. These rights include repair, replacement, or refund for any defective products, irrespective of other provisions in these Terms. Please refer to our Refund Policy for further details.

21.6 Force Majeure.
Avari Co. shall not be liable for any failure to perform its obligations if such failure is due to circumstances beyond our reasonable control, including natural disasters, acts of government, war, or civil unrest. In such events, we will endeavour to notify you and seek a reasonable resolution.

21.7 Dispute Resolution.
Any disputes arising out of these Terms or the use of our Services shall first be addressed through direct negotiation or mediation. Should informal resolution fail, the dispute will be subject to legal proceedings under the laws of Australia.

By using our website and Services, you confirm that you have read, understood, and agreed to these Terms and Conditions.

Avari Neo Pre-Launch Giveaway – Terms & Conditions

1. Promoter

The promoter is Lota Group Pty Ltd (ABN 32684526903, “Avari Co” or “the Promoter”), located in Australia. This promotion is in no way sponsored, endorsed, administered by, or associated with Meta.

2. Promotional Period

The Avari Neo Launch Giveaway (“Promotion”) commences at 12:00 AM AEST on Thursday, 28 March 2025 and closes at 11:59 PM AEST on Sunday, 4 May 2025 (“Promotional Period”). Entries submitted outside this period will not be accepted.

3. Eligibility

3.1 Entry is open to individuals who:

• (a) are legal residents of Australia;
• (b) are aged 18 years or over at the time of entry; and
• (c) subscribe to the Avari email database during the Promotional Period.

3.2 Employees, contractors and agents (and their immediate families) of the Promoter or of any of its related entities, distributors, retailers, or agencies associated with this Promotion are ineligible to enter.

4. How to Enter

4.1 Eligible individuals will be automatically entered into the Promotion upon subscribing to the Avari email database during the Promotional Period.

4.2 Each eligible subscriber will receive one (1) entry.

4.3 Unsubscribing from the Avari email database prior to the Winner Announcement Date (defined below) will result in disqualification from the Promotion.

4.4 No purchase is necessary to enter.

5. Prize

5.1 One (1) winner will receive one (1) set of Avari Neo Double Breast Pumps (“Prize”). The recommended retail value of the Prize is AUD $388.

5.2 The Prize is non-transferable, non-exchangeable and cannot be redeemed for cash or any other alternatives.

5.3 The Prize is awarded “as is” and is subject to availability. The Promoter makes no warranties or representations regarding the quality, suitability or merchantability of the Prize.

5.4 The Promoter reserves the right to substitute the Prize (or any part thereof) with an alternative of equal or greater value if circumstances beyond its control make it necessary to do so.

6. Winner Selection and Notification

6.1 The winner will be selected at random via a computer-generated process from all valid entries received during the Promotional Period.

6.2 The draw will take place at 10:00 AM AEST on Monday, 5 May 2025 (“Winner Announcement Date”).

6.3 The winner will be notified via the email address provided at the time of entry within three (3) business days of the draw.

6.4 If the winner does not respond within five (5) business days of the initial notification, the Promoter reserves the right to conduct a redraw to select an alternate winner.

6.5 The Promoter’s decision is final and binding. No correspondence will be entered into.

7. General Conditions

7.1 The Promoter reserves the right, at its sole discretion, to:

• (a) verify the validity of entries and entrants (including identity, age and place of residence);
• (b) disqualify any entrant who tampers with the entry process or acts in breach of these Terms & Conditions or engages in any unlawful or other improper conduct calculated to jeopardise the fair and proper conduct of the Promotion.

7.2 The Promoter is not responsible for any late, lost, incomplete, misdirected, illegible or corrupted entries or communications, whether due to technical or other reasons.

7.3 If for any reason this Promotion is not capable of being conducted as planned, including due to tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion and/or redraw the prize from eligible entries, subject to any written directions from a regulatory authority.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, the Promoter and its related entities, directors, officers, employees and agents exclude all liability (including negligence) for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or in connection with:

• (a) this Promotion;
• (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
• (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter);
• (d) any variation in Prize value to that stated in these Terms & Conditions;
• (e) any tax liability incurred by the winner or entrant; or
• (f) use of the Prize.

9. Privacy

9.1 By entering this Promotion, entrants consent to the Promoter collecting, storing and using their personal information for the purposes of administering the Promotion and for future marketing and promotional purposes, in accordance with Avari’s Privacy Policy available at: https://avari.au/policies/privacy-policy.

9.2 Entrants may opt out of receiving marketing communications at any time by following the unsubscribe instructions in the communications.

10. Governing Law

These Terms & Conditions are governed by the laws of the State of New South Wales, Australia. Entrants submit to the exclusive jurisdiction of the courts of that State.

Avari Neo Instagram Giveaway – Terms & Conditions

1. Promoter

The promoter is Lota Group Pty Ltd (ABN 32684526903, “Avari Co” or “the Promoter”), located in Australia. This promotion is in no way sponsored, endorsed, administered by, or associated with Meta.

2. Eligibility

This giveaway is open to Australian residents aged 18 years or over. Employees of Avari and their immediate family members are not eligible to enter.

3. Giveaway Period

The giveaway begins on May 2, 2025 and ends at 11:59PM AEST on May 16, 2025. Entries submitted after this period will not be valid.

4. How to Enter:

To enter:

• Follow @avari.au on Instagram
• Like the giveaway post
• Tag a friend in the comments (1 tag = 1 entry; unlimited entries allowed)

No purchase is necessary to enter. Private accounts will need to be set to public for the duration of the giveaway to confirm entry.

5. Prize Details

1 x Avari Neo™ Double Pump Set (valued at AUD $388)

Prize is not transferable or redeemable for cash

One winner will be randomly selected

6. Winner Selection & Notification

The winner will be drawn at random and announced via DM on May 17, 2025. Avari will contact the winner via DM from @avari.au only. We will never ask for payment or personal financial information.

If the winner does not respond within 5 business days, Avari reserves the right to select a new winner.

7. Delivery

The prize will be shipped free of charge to the winner's address within Australia.

8. Limitation of Liability

To the fullest extent permitted by law, the Promoter and its related entities, directors, officers, employees and agents exclude all liability (including negligence) for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or in connection with:

• (a) this Promotion;
• (b) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
• (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter);
• (d) any variation in Prize value to that stated in these Terms & Conditions;
• (e) any tax liability incurred by the winner or entrant; or
• (f) use of the Prize.

9. Privacy

Entrants' personal information will be used solely for the purpose of administering this giveaway and will be handled in accordance with Avari's Privacy Policy.

10. Disclaimer

This promotion is in no way sponsored, endorsed or administered by, or associated with Meta (Instagram or Facebook).

By entering, participants agree to be bound by these Terms and Conditions.

For questions, please contact info@avari.au

Avari Neo Presale

The Avari Neo Breast Pump is being offered for pre-sale. Payment will be taken at the time of order. Estimated dispatch begins 10 June, 2025. This is an estimate only and may be subject to change. Customers may cancel their pre-order at any time before the item ships for a full refund.

By purchasing this item, you acknowledge and accept the pre-sale conditions and delivery window.