Terms & Conditions

DISCLAIMER

By purchasing with GOAT products, you acknowledge and consent that they are not classified as medical devices, nor are they intended for clinical use, treatment of illnesses, or therapeutic purposes. Furthermore, you understand and agree that neither the information provided on the Site nor our products constitute medical advice, treatment, or diagnosis from us or our staff. They are not substitutes for consulting a healthcare professional regarding your individual circumstances and requirements.

It is your responsibility to ensure that our products are suitable for your intended use. You confirm that you are not aware of any medical conditions, injuries, or impairments that could adversely affect your health if you use our products. Should you become aware of any such conditions, injuries, or impairments, you must cease using our products immediately and seek advice from your healthcare provider.

Prior to using any products we provide, it is imperative that you adhere to all safety information and instructions provided by us.

If you are experiencing any of the following conditions, it is advisable to consult a healthcare professional before using our products:

  • The Greatest Of All Tapes is not recommended for individuals under the age of 18, those with heart conditions, nasal congestion, or other respiratory disorders, whether diagnosed or not. Additionally, individuals at risk of vomiting or who use sedatives, alcohol, or other potential intoxicants, whether known or not, as well as those unable to remove the tape independently, should refrain from using The Greatest Of All Tapes.
  • Statements regarding our products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
  • This product is designed for single use only. Please dispose of it after each use.
  • Do not use The Greatest Of All Tapes if you experience difficulty breathing through your nose, have low blood pressure, are obese (BMI over 35), are suffering from a cold, sinus issues, or an ear infection, have highly sensitive skin, dry lips, or broken skin around the mouth, have consumed alcohol or sedatives prior to use, or have severe heart or respiratory problems.
  • The safety of this product has not been established for use by pregnant women, children under the age of 18, or individuals over the age of 70.
  • If you experience an allergic reaction to the strip on your mouth/skin, discontinue use immediately and seek medical advice.

 

ACCEPTANCE

This website is managed by The Greatest Of All Tapes Pty Ltd (referred to as "we," "our," or "us"). It can be accessed at: www.thegoatco.au and may also be accessible through other URLs or platforms. By accessing and/or utilising the Site, you:

  • Confirm that you have carefully reviewed these terms and conditions, inclusive of our Website Terms of Use (accessible on the Site) (Terms), and have thoroughly read our Privacy Policy (accessible on the Site), either independently or with the consent of your parent or legal guardian (if you are under 18 years old);
  • Confirm that you possess the legal capacity to engage in a legally binding agreement with us, or if you are under 18 years old, you have obtained permission from your parent or legal guardian to access and use the Site, and they have consented to the Terms on your behalf; and

Agree to utilise the Site in compliance with the Terms.

  • You are prohibited from using the Site and/or placing orders for products through the Site if you are under the age of 18.

 

ORDERS

You have the option to purchase products from us as outlined on the Site. Any order made through the Site constitutes an offer by you to acquire specific product(s) for the price indicated (inclusive of any applicable delivery charges, taxes, and other fees) at the time of placing the order.


We reserve the right, at our sole discretion, to accept or decline an order. We will strive to inform you of any rejection either at the time of the order or within a reasonable period thereafter.


Each accepted order establishes a distinct binding agreement between you and us for the provision of products in accordance with the Terms.

Prior to submitting your order through the Site, it is your responsibility to review the order details, including selected products and pricing.

Upon ordering and successful payment validation on the Site, we will send you an order confirmation email, which may contain an order number, an order ID, the delivery and billing addresses, and a description of the items ordered.

We advise against the use of products sold through the Site by individuals under the age of 18, unless explicitly stated otherwise.



30-DAY RISK FREE TRIAL

We extend a full refund for GOAT products in the event you're not satisfied with your purchase, provided that:

You have contacted us within 30 days of receiving the products via email at hello@thegoatco.au providing your full name and order number.

The products are returned in their original condition and remain undamaged, untampered with, and unaltered.

You have adhered to the instructions provided by us and not used the products in a manner inconsistent with our guidelines.

The product has been sent back to us at the return address we provide.

Upon your compliance with clause 7(a), we will assume responsibility for the return delivery costs.



PAYMENTS

You are required to settle the purchase price of each product you select, along with any applicable delivery charges based on your chosen delivery options as outlined on the Site (referred to as the Price), as per this clause. All amounts are denoted in Australian dollars and include Australian GST where applicable.

Payment of the Price must be made using one of the methods specified on the Site, such as AMEX, Apple Pay, AfterPay, Google Pay, Mastercard, PayPal, Shopify Pay, and VISA. Your products will only be dispatched once the Price has been paid in full.

It is prohibited to pay, or attempt to pay, the Price through fraudulent or unlawful means. Unless there is evidence of fraud or error, all payments are deemed final. By using a debit card or credit card for payment, you affirm that the information provided is accurate and complete, that you are authorized to use the card for payment, that your payment will be honored by the card issuer, and that you will maintain sufficient funds in your account to cover the Price.

Should we provide payment options through a third-party payment processor like AMEX, Apple Pay, AfterPay, Google Pay, Mastercard, PayPal, Shopify Pay, or VISA, the payment will be subject to the terms and conditions of AMEX, Apple Pay, Google Pay, Mastercard, PayPal, Shopify Pay, or VISA (accessible via their respective websites).

If you are ordering products for delivery outside of Australia, you may be required to settle customs charges or taxes in addition to the Price.


Periodically, we may issue promotional discount codes for specific products on the Site. To avail of the discount, you must input the promotional discount code when placing your order on the Site. The terms of use for promotional discount codes will be outlined on the Site at the time of issuance. Additionally, we may conduct competitions on the Site or associated social media platforms from time to time. Such competitions will be subject to terms and conditions, which will be provided on the Site at the time of the competition.



AVAILABILITY & CANCELLATIONS

Every purchase made through the Site is contingent upon product availability. We endeavour to maintain adequate stock levels and ensure that the Site reflects the current availability of products.

We retain the right to revoke acceptance of any order, at any point prior to delivery and for any reason, including instances where there is a significant delay in dispatching your order, if we are unable to fulfil the products you have ordered (e.g., due to events beyond our control), or if there was an error regarding the products on our Site (e.g., description, price, or image). In such cases, we will contact you using the details provided during the order placement process. You have the option to receive a refund or store credit, or opt to place your order on backorder. Should you choose a refund or store credit, any delivery charges paid for the products will be reimbursed. If you opt to place your order on backorder, we will coordinate delivery once the products become available.



DELIVERY

Whenever possible, we aim to dispatch the products to the delivery address specified during the ordering process. Our delivery services cover all regions within Australia (unless our delivery partner does not service your area) and selected international destinations as outlined on the Site.

Delivery charges, if applicable, will be clearly stated on the Site.

Please note that any delivery timeframes provided on the Site are approximate, based on information supplied by the delivery service provider and our anticipated dispatch schedule.

It is your responsibility to ensure the accuracy of the shipping details and address provided at the time of purchase. In the event that you need to amend the delivery date or address, please inform us promptly in writing. While we will make every effort to amend incorrect details before dispatch, our dispatch team is highly efficient, and most orders are processed within 24 hours. If your order is shipped to an incorrect address due to an error on your part, we cannot be held liable. In such cases, we recommend contacting Australia Post directly to attempt to redirect your package. If the order is returned to us, we can reship it to the correct address at your expense.

We may utilise various delivery methods to fulfil your order, and certain deliveries may require a signature upon receipt. Should you or your designated representative be unavailable to accept delivery at the specified address, the delivery service provider will typically redirect the products to the nearest post office for collection.

Ownership of the products shall remain with us until the Price is paid in full in accordance with the Terms. Prior to the transfer of ownership, you are prohibited from taking any action that would create a lien, charge, or other interest in or over the products.

The risk associated with the products passes to you upon delivery to the specified delivery address provided in your order. Once the risk transfers to you, you assume full responsibility for the products.

 


AUSTRALIAN CONSUMER LAW:

These Terms do not seek to alter or exclude the rights, guarantees, and legal protections provided under the Australian Consumer Law. In Australia, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You have the right to receive a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. Additionally, you have the right to have the products repaired or replaced if they fail to be of acceptable quality and the failure does not constitute a major issue. Any warranties or conditions not guaranteed by the Australian Consumer Law are expressly excluded, except to the extent expressly stated in these Terms.

If you return products to us seeking remedies under the Australian Consumer Law, we will cover the delivery costs for the return. Depending on the nature of the claim under the Australian Consumer Law, we will either dispatch a new or repaired replacement product or refund the Price of the relevant product. Please contact us for further details.

 

INTELLECTUAL PROPERTY

All intellectual property, including copyright, developed, adapted, modified, or created by us or our personnel, including in connection with these Terms and the products, will always remain vested in us. You must not, without our prior written consent:

  • Copy or utilise any of our intellectual property, in whole or in part.
  • Reproduce, transmit, distribute, sell, publish, broadcast, or circulate any of our intellectual property to any third party.
  • Infringe upon any intellectual property rights associated with the Site or the products, including altering or modifying any of our intellectual property, embedding any of our intellectual property into another website, or creating derivative works from any of our intellectual property.

The resale of GOAT products, whether through online platforms (such as eBay, Amazon, private e-commerce business etc.) or physical storefronts, is strictly prohibited without express written consent from The Greatest Of All Tapes Pty Ltd. Any unauthorised resale of our products will be considered a violation of our terms and conditions and may result in legal action.

We encourage those interested in stocking GOAT products to contact us directly to discuss wholesale opportunities and become an authorised retailer.

 

LIMITATIONS

Despite any contrary provisions, to the fullest extent permitted by law:

  • Our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products that are the subject of the relevant claim.
  • We will not be liable to you for any loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Despite any contrary provisions, to the fullest extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

  • Loss of, or damage to, the products, or any injury or loss to any person.
  • Failure or delay in providing the products.
  • Breach of these Terms or any law.
  • This liability release applies to events or circumstances beyond our reasonable control, acts or omissions of you or your related parties, and any defect, error, omission, or lack of functionality or suitability with respect to the products.

 

COLLECTION NOTICE

We collect personal information about you to facilitate your access and use of the Site, to communicate with you, to respond to your inquiries, to process and dispatch your orders, and for other purposes outlined in our Privacy Policy. We may disclose this information to third-party service providers who assist us in delivering our services or as required by law. Failure to provide this information may result in us being unable to provide our products to you. By providing your personal information, you acknowledge that we will collect, hold, use, and disclose it in accordance with our Privacy Policy.

 

WARRANTIES

The products may be accompanied by a warranty against defects, the details of which can be found on our Site.

 

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless The Greatest of All Tapes, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or any harm you may cause to any third party due to your use of the Service.

Particularly, you agree to indemnify The Greatest of All Tapes for any claims arising from the misuse of our mouth tape product, including but not limited to the use of the product in contravention of specified instructions, warnings, or recommendations provided by us. You understand that the mouth tape product is intended for use by individuals without respiratory issues, and it is not recommended for individuals who have a history of nasal congestion, are under the influence of intoxicants, or are otherwise at risk of suffocation or breathing difficulties when the mouth is covered.

You also agree to indemnify The Greatest of All Tapes from any claims arising from unexpected medical events that result in injury or death while using our mouth tape product. This includes, but is not limited to, claims of suffocation, respiratory failure, or any other breathing-related incidents. You acknowledge that you have been fully informed of the risks associated with the use of mouth tape, including the potential for suffocation, and you agree to assume all responsibility for any adverse outcomes that may arise from the product's use.

The obligation to indemnify The Greatest of All Tapes will survive the expiration or termination of these Terms of Service and your use of the Service.

 

AFFILIATE PROGRAM

This Affiliate Agreement (the “Agreement”) contains the complete terms and conditions that apply to your participation as an affiliate in the Company’s Affiliate Program, including the establishment of links from your affiliate website to any Company website or other medium. By participating in the Affiliate Program, you agree to the terms of this Agreement. We may modify this Agreement at any time upon notice to you.

Definitions

In addition to any other terms defined herein, the following defined terms will apply to this Agreement.

  • Affiliate / you / your: The publisher advertising links/promotions of the Company.
  • Affiliate Program: The referral-based program created by the Company and administered through a third party selected by the Company.
  • Company / we: Drink The Greatest Of All Tapes 
  • Customer: The user sent to the Company site via affiliate link.
  • Links: Affiliate Program hyperlinks which allow for you to earn commission on sales made through the Affiliate Program.

Enrolment in the Affiliate Program

Each Affiliate must be approved to participate in the Affiliate Program. The Company may, in its sole discretion, approve or deny any potential Affiliate. In order to apply for the Affiliate Program, you must submit a complete Affiliate Program application. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application for any reason.

The Company may terminate the Affiliate Program, or your participation in the Affiliate Program, at any time and for any reason.

As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and the Company. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.

Prohibited Sites/Verbiage

Affiliates may not promote links to the Company through any webpage or other medium that contains any of the following:

  • Sexually explicit material or violence.
  • Discrimination based on race, sex, religion, national origin, or physical disability.
  • Illegal activities or materials.
  • Material that violates the intellectual property rights of any other person.
  • Coupon websites.

Spam

Affiliate agrees to not utilize spam or robocalling in promoting the Company. This action will result in the immediate termination of the Affiliate account with a cancellation of any pending commissions.

Promotion of Our Affiliate Relationship

We will make available to you Links, which, subject to this Agreement, you may display as often and in as many areas of your website, social media accounts, or other mediums as desired. Only sales made through Links will be credited towards the Affiliate Program.

In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site.

Affiliates are prohibited from bidding on the following terms when utilizing pay-per-click promotions:

  • Branded/trademarked terms (including “The Greatest Of All Tapes”).
  • Derivatives of branded/trademarked terms.
  • Broad-match based on branded/trademarked terms.
  • Any other keywords identified by the Company at any time.

Our Responsibilities

The Company will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our sites. The Company will be responsible, including through our third-party partners, for processing every order placed by any Customer following any Links, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. The Company will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

Reporting and Payments

You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics.

Commission payments for sales generated from Links will be made as follows and shall be paid by our third-party Affiliate Program management company, which is subject to change at any time.

Your Responsibilities

You agree to sell and market products in strict compliance with all applicable laws, rules, and regulations.

You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, ACCC disclosure and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations.

You shall comply with all ACCC guidance and regulations related to advertising disclosure requirements. For more information about ACCC disclosure requirements, please review the ACCC's Endorsement Guidelines at: https://www.accc.gov.au/system/files/social-media-influencer-testimonials.pdf

Licenses and Use of the Company’s Intellectual Property

WE HEREBY GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE “LICENSED MATERIALS”), FOR THE SOLE PURPOSE OF PROMOTING THE COMPANY’S PRODUCTS ON YOUR SITE UNDER THE AFFILIATE PROGRAM. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM.

Limitation of Liability

YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or service offerings or that constitutes your breach of this Agreement.

Additional Terms

This Agreement will be governed and construed in accordance with the laws of the State of Florida without regard to the conflict of laws provisions thereof, and Affiliate consents to jurisdiction and venue in the state and federal courts sitting in the State of Florida.

This agreement may not be assigned, transferred, or sublicensed by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed; provided, however, that no consent shall be required to an assignment of this Agreement in connection with a merger, consolidation, or sale of substantially all of the assets of such party.

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to the subject matter of the Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. This Agreement may be changed by the Company at any time without notice.

GENERAL

Disputes: Neither party may initiate court proceedings related to any dispute arising from or in connection with these Terms without first attempting to resolve the dispute in good faith. Notices: Any notices under these Terms must be in writing and addressed to us at the details provided below or to you at the details you provided when placing your order. Waiver: Any failure or delay in exercising a power or right under these Terms does not operate as a waiver of that power or right. Relationship of Parties: These Terms do not create a partnership, joint venture, or agency relationship between the parties. Photographs: If you provide us with photographs of the products, you consent to us publishing such photographs and details for marketing purposes. Feedback and Complaints: We welcome feedback and complaints; please contact us using the details below, and we will address your concerns. Severance: If any provision of these Terms is deemed void, invalid, illegal, or unenforceable, it will be severed without affecting the validity or enforceability of the remaining provisions. Assignment: You must not assign any rights or obligations under these Terms without our prior written consent. Entire Agreement: These Terms constitute the entire understanding and agreement between you and us. Amendment: We may vary these Terms by publishing updated terms on the Site. It is your responsibility to review the current terms before placing an order.

**Terms and Conditions for the $5,000 Giveaway**

1. Eligibility
- The $5,000 giveaway is open to all individuals aged 18 years or older at the time of entry.
- Employees, and immediate family members of The Greatest Of All Tapes are not eligible to participate.

2. How to Enter
- Automatic Entry via Purchase: Every purchase made from The Greatest Of All Tapes during the promotional period automatically qualifies as one (1) entry into the giveaway.
- Affiliate Bonus Entries: Individuals who sign up for our affiliate program will receive ten (10) bonus entries for every sale made using their unique affiliate code during the promotional period.

3. Giveaway Period
- The giveaway begins on Monday 9th November 7am AWST and ends on [26th January 2025 5pm . Entries submitted outside this time frame will not be eligible.

4. Prize
- One (1) winner will receive a $5,000 cash prize.
- The prize is non-transferable and cannot be exchanged for any other item or service.

5. Winner Selection and Notification
- The winner will be selected at random from all eligible entries.
- The draw will take place on 27th January 2025 , and the winner will be notified via email or phone within 7 business days.
- If the winner does not respond within 14 days of notification, The Greatest Of All Tapes reserves the right to select an alternate winner.

6. General Conditions
- All entries are subject to verification.  The Greatest Of All Tapes reserves the right to disqualify any entry deemed fraudulent or in violation of these terms.
- By entering the giveaway, participants agree to allow  The Greatest Of All Tapes to use their name and likeness for promotional purposes, without additional compensation, unless prohibited by law.

7. Liability
-  The Greatest Of All Tapes is not responsible for lost, late, or misdirected entries, technical failures, or any other issues beyond reasonable control.
- By participating, entrants agree to release and hold harmless  The Greatest Of All Tapes from any liability related to the giveaway or the acceptance, use, or misuse of the prize.

8. Governing Law
- The giveaway is subject to all applicable federal, state, and local laws and regulations.

9. Modifications
- The Greatest Of All Tapes reserves the right to modify, suspend, or terminate the giveaway at any time without prior notice if circumstances beyond its control compromise the fairness or integrity of the promotion.

10. Contact
- For any questions or concerns regarding the giveaway, please contact us at hello@thegoatco.au