Website Terms of Use

Welcome to the website of Respire Commerce Pty Ltd (ABN 34 669 711 639) ("we", "us" or the "Company").  We sell sleep strips, nose strips, breathing drops and related products (“Products”).

This website is available via https://au.respire.com (Australia), https://respire.com (United States) and https://uk.respire.com (United Kingdom) (each, "this site", as applicable to your region).

1. Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

1.1 Privacy Policy and Returns Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy and our Returns Policy, both available on this site, which are incorporated by reference into these Website Terms of Use.

1.2 Product disclaimer

You acknowledge and agree that the Products sold through this site are not medical devices and are not designed for clinical use, to treat any illnesses, or for any therapeutic purpose. Nothing on this site or the Products we provide may be taken to be medical advice, treatment or a diagnosis by us or our personnel, nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs.

It is your responsibility to ensure that the Products are suitable for your needs. You represent and warrant to the Company that you are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you use the Products. In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease using the Products and contact your medical practitioner. You should follow all safety information and instructions provided by us before using any Products.

You should consult a medical practitioner before using the Products if you have or may have any pre-existing medical condition. Without limiting the foregoing, the Products are not recommended for use by:

1. children under 18 years of age or persons over 70 years of age;

2. persons with heart conditions, nasal congestion or other breathing disorders (diagnosed or otherwise);

3. persons at risk of vomiting, or who have consumed sedatives, alcohol or other intoxicants;

4. persons who are unable to remove the Product on their own;

5. persons who have difficulty breathing through their nose, have low blood pressure, are obese (BMI over 35), or are experiencing a cold, sinus issues or ear infection;

6. persons with highly irritable skin, dry lips or non-intact skin around the mouth; or

7. pregnant women.

The Products are single-use items. Please discard after each use. You must immediately stop use and seek medical guidance if you experience an allergic reaction to the Product.

1.3 Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Restrictions on use

2.1 Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

2.2 Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products to you if:

1. you breach any provision of these Website Terms of Use;

2. the Company is unable to verify or authenticate any information that you provide to us; or

3. the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.

2.3 Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including reasonable legal costs) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

1. any breach by you of the prohibited conduct rules set out in Schedule 1;

4. any infringement by you of the Company's intellectual property rights; or

5. any fraud or wilful misconduct by you.

3. Registration and account security

3.1 Requirement for registration

The Company reserves the right to make any parts of this site accessible only to users who have registered.

3.2 Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

3.3 User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:

1. a valid email address;

2. accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and

3. any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times. 

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

3.4 Multiple accounts and automated account opening

One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

3.5 Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.

4. Orders

4.1 Order constitutes offer

By placing an order through this site, you make an offer to us to purchase the products that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products to you – however, the Company will endeavour to supply your selected products to you.

We will not commence processing any order made through this site unless and until:

1. payment for the order has been received by us in full; and

2. the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

1. at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and

2. at any time:

1. refuse to provide products to you;

2. terminate your access to this site; and/or

3. remove or edit any content on this site.

4.2 Acceptance of orders

Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.

5. Prices

The Company reserves the right to change the prices for products displayed in this site at any time before you place an order.

5.1 Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

5.2 GST

All prices listed on this website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Any fees or charges, including shipping costs, also include GST where applicable.

International orders are exempt from GST, but may be subject to taxes and duties in the country to which products are being sent. Payment of any such taxes or duties is your responsibility.

"GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6. Payment methods

Payment for orders placed through this site may be made using the payment methods set out on this site from time to time, which may include credit card, debit card, Apple Pay, Google Pay, PayPal, Shop Pay and other methods processed through our secure payment gateway.

6.1 Stripe secure payment gateway

The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

6.2 Credit and debit card payments

All major credit cards and debit cards are accepted. Additional transaction fees may apply depending on the payment method selected, in which case the additional charges will be specified at checkout. Where you pay using a third-party payment provider (such as Klarna, PayPal, Apple Pay, Google Pay or Shop Pay), your payment will be subject to that provider’s own terms and conditions and privacy policy.

6.3 Refunds and other remedies

Except as expressly provided otherwise in these Website Terms of Use and required under the Australian Consumer Law, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.

6.3 Product Warranty

Certain Products may come with a warranty against defects in addition to your rights under the Australian Consumer Law. Details of any applicable warranty, including its duration and the process for making a claim, are available on this site. Any warranty against defects is provided in addition to, and does not limit, your rights under the Australian Consumer Law.

6.4 Security

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

7. Subscriptions

7.1 Subscription service

The Company offers a subscription service (“Subscription”) through which you may elect to receive recurring deliveries of Products at discounted prices. Subscriptions are available in the following intervals: monthly (1 pack delivered every month), quarterly (3 packs delivered every 3 months) or biannually (6 packs delivered every 6 months). The specific Subscription plans, pricing and available Products may change from time to time and will be as set out on this site at the time of your Subscription sign-up.

7.2 Subscription agreement

By subscribing to a Subscription plan, you authorise the Company to automatically charge your nominated payment method at the applicable recurring interval for the price of your Subscription plan, including any applicable delivery charges and taxes. Your Subscription will automatically renew at the end of each billing cycle unless you cancel or pause your Subscription prior to the next renewal date in accordance with these Website Terms of Use.

7.3 Subscription pricing and payment

Subscription pricing is as displayed on this site at the time of your Subscription sign-up. The Company reserves the right to change Subscription pricing at any time. If the Company increases the price of your Subscription plan, the Company will provide you with at least 14 days' notice by email of the price change prior to your next billing date. Your continued Subscription after being notified of a price change constitutes your acceptance of the new price. If you do not agree to the new price, you may cancel your Subscription before the next billing date.

7.4 Pausing and cancellation

You may pause or cancel your Subscription at any time by contacting us at support@respire.com or through your account settings on this site. The Company will confirm receipt of your cancellation or pause request by email within 2 business days. Cancellation or pausing of your Subscription will take effect from the next billing cycle following receipt of your request. You will continue to receive any Products that have already been dispatched or for which payment has already been processed prior to cancellation. No refunds will be provided for Products already dispatched or for the current billing period in which the cancellation occurs, except as required under the Australian Consumer Law.  For the avoidance of doubt, cancellation or pausing of your Subscription does not affect any order that has already been placed or for which payment has been processed as such orders will be fulfilled in accordance with these Website Terms of Use

7.5 Subscription benefits

Subscribers may be entitled to certain benefits including, but not limited to, discounted pricing, free shipping and complimentary accessories. The specific benefits applicable to each Subscription plan will be as set out on this site. The Company reserves the right to modify, suspend or discontinue any Subscription benefits at any time in its sole discretion upon reasonable notice to Subscribers.

7.6 Failed payments

If a recurring payment for your Subscription fails for any reason (including insufficient funds, expired card details or declined transactions), the Company may attempt to process the payment again. If payment cannot be successfully processed after reasonable attempts, the Company reserves the right to suspend or cancel your Subscription. It is your responsibility to ensure that your payment details are current and accurate at all times.

7.7 Company’s right to modify or discontinue Subscriptions

The Company reserves the right to modify, suspend or discontinue any Subscription plan or the Subscription service at any time. If the Company discontinues your Subscription plan, it will provide you with reasonable notice and, where applicable, a pro-rata refund for any Products not yet dispatched.

8. Intellectual property

8.1 Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

1. this site;

2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

3. all software, systems and other information owned or used by the Company in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

8.2 Trademarks

The Company’s logo and the phrase "Respire" are trademarks of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

8.3 Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

9. Disclaimer of warranties

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any Products purchased or obtained through this site, other than any guarantees the exclusion of which would contravene the Australian Consumer Law or any other applicable legislation.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  
  
• this site will meet your requirements or expectations;
  
  
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  
  
• the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
  
  
• errors or defects will be corrected; or
  
  
• this site or the servers that make it available are free of viruses or other harmful components.

10. Limitation of liability

10.1 Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

10.2 Remedies limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation as follows:

1. where the failure amounts to a major failure within the meaning of the Australian Consumer Law, you are entitled to the remedies available to you under the Australian Consumer Law (including, at your election, a refund or replacement); and

2. where the failure does not amount to a major failure, the Company's liability is limited to, at the Company's sole discretion:

1. in the case of goods — the replacement or repair of the goods, or the payment of the cost of replacing or repairing the goods; and

2. (ii) in the case of services — the supply of the services again, or the payment of the cost of having the services supplied again.

10.3 Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

10.4 Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

11. General

11.1 Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

2. these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;

3. the singular includes the plural and vice-versa;

4. a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

5. the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

11.2 Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

11.3 Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

11.4 Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

11.5 No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

11.6 Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

11.7 Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. Where you hold an active Subscription, the Company will notify you by email of any material changes to these Website Terms of Use at least 14 days before such changes take effect. Your continued Subscription after notification constitutes your acceptance of the amended terms. If you do not agree to the amended terms, you may cancel your Subscription before the changes take effect. The Company reserves the right, without notice and at its sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the Products offered through this site.

11.8 Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

11.9 Promotional codes and competitions

The Company may from time to time issue promotional discount codes for certain Products on this site. To claim the discount, you must enter the promotional discount code at the time of submitting your order. The conditions of use relating to promotional discount codes will be specified on this site at the time they are issued. The Company may also from time to time run competitions on this site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on this site at the time of the competition.

11.10 Photographs and user content

If you provide us with photographs of the Products, including via email or by tagging us on social media, you consent to us publishing such photographs and associated details (including but not limited to your name, location and date) for our marketing purposes including on this site and social media.

11.11 Collection of personal information

We collect personal information about you in order to enable you to access and use this site, to contact and communicate with you, to respond to your enquiries, and to process and dispatch your orders. We may disclose that information to third party service providers who help us deliver our services (including our delivery providers, payment systems operators, information technology service providers, data storage and web-hosting providers, and professional advisors) or as required by law. If you do not provide this information, we may not be able to provide our Products to you. Our Privacy Policy contains further information about how we store and use your personal information.

11.12 Shipping Protection

The Company offers the option of adding shipping protection to users who place an order for the Products.  The cost of shipping protection is as displayed on the website from time to time.  If you purchase shipping protection, then the Company will replace the relevant order to you (or in its discretion, refund such order) in the event that the Products are damaged, lost or stolen during shipping.  The Company may request reasonable evidence from you in such event. 

1.  – Prohibited conduct

YOU MUST NOT:

1. use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;

2. engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

3. use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

4. use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

5. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;

6. use this site by any automated means;

7. use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; 

8. access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

9. interfere with the display of any advertisements appearing on or in connection with this site;

10. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;

11. reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;

12. falsely imply that any other website is associated with this site;

13. do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;

14. use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

15. release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or

16. use this site to transmit any information or material that is, or may reasonably be considered to be:

1. abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

2. libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

3. infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

4. in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

5. in breach of any person’s privacy or publicity rights;

6. a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

7. in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

8. containing any political campaigning material, advertisements or solicitations; or

9. likely to bring the Company or any of its staff into disrepute.

Last updated: 19 March 2026