Effective Date: 30/11/2025

These Terms of Service (“Terms”) govern your use of abitagum.com.au and your purchase of products from abitagum (“abitagum”), operated by NEUROSTATE Pty Ltd as trustee for The Focus Group Trust (ABN: 96 921 714 263) of 30-32 Bowden Street, Alexandria 2015 (“we”, “us”, “our”).

By using the website or buying our products, you agree to these Terms. If you do not agree, do not use the website or place an order.

 

1. Overview

The website and online store are operated by NEUROSTATE Pty Ltd as trustee for The Focus Group Trust, trading as "abitagum” (abitagum).
These Terms apply to all users of the website and operate alongside our other policies (such as our Privacy Policy, Shipping Policy and Refunds & Returns Policy).

 

2. Eligibility & Use

To place an order, you must be at least 18 years old or have a parent/guardian agree to these Terms on your behalf.
You warrant that you can enter a binding contract and that all information you provide is accurate and complete.

Products are for personal, non-commercial use only, unless we agree otherwise in writing. You must not use the website or products for any unlawful purpose or in a way that infringes laws or third-party rights.

We may refuse service, cancel orders, or restrict access where we reasonably suspect a breach of these Terms, fraud, or misuse.

 

3. Products, Caffeine & Health

abitagum sells caffeinated chewing gum containing ingredients such as L-theanine and B vitamins.

Our products contain caffeine and are:

• not suitable for children;
  
  

• not recommended for people who are pregnant or breastfeeding; and
  
  

• not suitable for individuals sensitive to caffeine or with relevant health conditions.
  
  

You are responsible for checking labels, managing your total caffeine intake, and seeking advice from a health professional if you have any condition, take medication, are pregnant or breastfeeding, or are unsure about suitability.

Our products are not medicines and are not intended to diagnose, treat, cure or prevent any disease. Nothing on our website is medical, nutritional or professional advice. References to focus, clarity or similar benefits are general only. We do not guarantee any particular performance or productivity outcome, subject to your rights under the Australian Consumer Law (ACL).

 

4. Orders, Pricing & Payment

By placing an order, you make an offer to buy products under these Terms. We may accept or reject your order at our discretion. Acceptance occurs when we confirm your order or dispatch the products. If we cancel an order after payment, we will refund the relevant amount.

We aim to keep information accurate, but errors (including pricing or availability) may occur. We may correct errors and cancel affected orders, with a refund if you have paid.

Unless stated otherwise, prices are in Australian Dollars (AUD) and may change at any time. You must pay the full amount (including any taxes and delivery charges) at checkout using the available payment methods. Payments are processed by third-party providers. By providing payment details, you authorise us and our processors to charge the total order amount.

 

5. Shipping & Delivery

We deliver to the address you provide at checkout. You are responsible for making sure your address and contact details are correct.

Any dispatch and delivery timeframes we provide are estimates only. Actual times may vary due to factors outside our control.

Risk in the products passes to you when the order is delivered to the stated address or to someone reasonably believed to be authorised to receive it. If an order is returned to us due to incorrect details, refusal or failure to collect, we may charge additional fees for re-delivery.

 

6. Returns, Refunds & Australian Consumer Law

Your rights in relation to faulty or defective products are protected by the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts or modifies any consumer guarantees or statutory rights that cannot be excluded.

If a product does not comply with a consumer guarantee (for example, it is not of acceptable quality, not fit for purpose or not as described), you may be entitled to a repair, replacement or refund, depending on the nature of the problem.

For a major failure, you may choose a replacement or refund. For a minor failure, we may repair, replace or otherwise remedy the issue as the ACL allows. You may also be entitled to compensation for reasonably foreseeable loss or damage caused by our failure to comply with a consumer guarantee.

We may publish a Refunds & Returns Policy that explains the practical steps for returns. That policy must be read subject to the ACL; if there is any conflict, the ACL prevails.

 

7. Intellectual Property & User Content

All content on the website (including text, graphics, logos, product names, images and layout) is owned by or licensed to NEUROSTATE Pty Ltd as trustee for The Focus Group Trust and protected by intellectual property laws.
"abitagum” and associated marks are our trade marks. You must not use them without our written consent.

We grant you a limited, non-exclusive, revocable licence to access and use the website for personal, non-commercial use. Except as permitted by law or with our permission, you must not copy, modify, distribute or create derivative works from the website or its content.

If you submit reviews, comments or other content (“User Content”), you confirm you have the necessary rights and that it is not unlawful, offensive or infringing. You grant NEUROSTATE Pty Ltd a non-exclusive, worldwide, royalty-free, perpetual licence (with a right to sub-license) to use, reproduce and display your User Content in connection with our business, subject to privacy laws. We may remove User Content we consider inappropriate or in breach of these Terms.

 

8. Third-Party Services & Privacy

Our website may use or link to third-party services (such as hosting, payments, analytics or marketing tools). Those services are provided by third parties under their own terms and privacy policies. We do not control and are not responsible for third-party websites or services.

We handle personal information in accordance with our Privacy Policy, which explains how we collect, use and disclose personal information and how you can access or correct it. Our website may use cookies and similar technologies for functionality, analytics and marketing; see our Privacy Policy for details.

 

9. Liability & Indemnity

To the maximum extent permitted by law, and subject to clause 9.3 and your non-excludable rights under the Australian Consumer Law:

• we exclude all warranties, guarantees and conditions relating to the website and products that are not expressly set out in these Terms; and
  
  

• we are not liable for any indirect, incidental, special or consequential loss, or loss of profit, arising from your use of the website or products, except where caused by our failure to comply with a consumer guarantee.
  
  

To the extent permitted by law, our total aggregate liability to you for any claim relating to these Terms, the website or the products is limited, at our option, to:

• for goods: replacement, supply of equivalent goods, repair, or payment of the cost of doing so; or
  
  

• for services: resupply, or payment of the cost of resupply.
  
  

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law or other laws that cannot lawfully be excluded. The limitations above apply subject to this.

You agree to indemnify NEUROSTATE Pty Ltd as trustee for The Focus Group Trust and its personnel from loss, damage, cost or expense (including reasonable legal costs) arising from your breach of these Terms, misuse of the website or products, or violation of any law or third-party rights, except where caused by our negligence or breach.

 

10. Disclaimer

Information on our website is general information only and is not medical, nutritional or professional advice. You must not rely on it as a substitute for medical advice. Always seek the advice of a qualified health professional about your health, caffeine intake and the suitability of our products.

We do not guarantee any particular health, focus or performance outcome. Individual results vary.

 

11. Changes, Governing Law & Contact

We may change these Terms by posting an updated version on our website with a new Effective Date. Your continued use of the website or further purchases after changes are made means you accept the updated Terms. We may modify, suspend or discontinue any part of the website or product range at any time, subject to your rights under the ACL.

These Terms are governed by the laws of Sydney, New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. If any part of these Terms is invalid or unenforceable, that part is severed and the remainder continues in force.

If you have questions about these Terms, our website or our products, please contact:

NEUROSTATE Pty Ltd as trustee for The Focus Group Trust
Trading as “abitagum” (abitagum)
30-32 Bowden Street, Alexandria 2015
Email: hi@abitagum.com