Terms of service
Terms of Service
OVERVIEW
Welcome to Aussie Betta.
The terms “we”, “us” and “our” refer to Aussie Betta. Aussie Betta operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights, warranty disclaimers, limitations of liability and other conditions that apply when you use our Services.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have obtained any legally required consent to use the Services.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information and shipping details.
You represent and warrant that all information you provide is accurate, current and complete and that you have the right to provide such information.
You are responsible for maintaining the security of your account credentials and for all activity that occurs through your account.
You may not transfer, sell, assign or license your account to another person without our permission.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate descriptions and representations of our products and Services.
However, product colors, packaging, appearance or other visual details may vary slightly depending on your device, screen settings, manufacturing updates or other factors.
We do not guarantee that every product will appear exactly as displayed on your screen.
Product descriptions, pricing, availability and other information may be updated or changed at any time without prior notice.
We reserve the right to discontinue products or limit the quantities available to any person, geographic region or jurisdiction where permitted by law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products from Aussie Betta.
We reserve the right to accept or decline an order where permitted by law, including in cases involving suspected fraud, pricing errors, product availability, payment issues or other legitimate operational reasons.
Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.
Please review your order carefully before submitting it, as we may be unable to accommodate changes or cancellations after processing has begun.
If we cancel, decline or materially change an order, we will attempt to notify you using the email address, billing address or telephone number provided with the order.
Purchases are subject to our applicable Return & Refund Policy.
You represent that purchases are intended for lawful personal, household or other permitted use and not for unauthorized resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change without prior notice.
The price charged for an order will be the price displayed at the time the order is placed and confirmed in your order confirmation.
Unless otherwise stated, displayed prices may not include taxes, shipping charges, customs duties, import fees or other charges that may apply.
From time to time, we may offer promotions subject to separate terms and conditions. Where promotional terms conflict with these Terms of Service, the specific promotional terms will apply to that promotion.
You agree to provide accurate and complete purchase, payment and account information.
You are responsible for keeping your contact and payment information current where necessary to complete transactions.
You represent that you are authorized to use the payment method submitted with your order.
SECTION 5 - SHIPPING AND DELIVERY
Shipping methods, rates, processing times and estimated delivery windows are described in our Shipping Policy.
All delivery times are estimates unless expressly stated otherwise.
Delivery may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, transportation disruption and other unforeseen events.
Responsibility for loss or damage during delivery will be determined in accordance with applicable law and our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, brand names, text, images, graphics, product reviews, video, audio, page designs and other content, are owned by or licensed to Aussie Betta and are protected by applicable intellectual property laws.
The Services are provided for your personal and lawful use.
Unless expressly authorized by us, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or commercially exploit material from the Services.
Nothing in these Terms grants you ownership of or a license to any intellectual property belonging to Aussie Betta, Shopify or another third party except as expressly stated.
Aussie Betta names, logos, product names, designs and related brand assets may not be used without permission.
Shopify and other third-party trademarks remain the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications, integrations or services operated by third parties.
We do not control all such third-party services and may provide access to them on an “as is” and “as available” basis.
Your use of third-party tools is subject to the applicable provider's terms and policies.
You should review and understand those terms before using any third-party service.
We may introduce new features, tools or resources in the future. Such features will form part of the Services and may be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites, services or content.
We are not responsible for the accuracy, availability, security or practices of third-party websites or services.
If you leave our Services to access a third-party website, you do so subject to that third party's terms and policies.
Questions, complaints or claims relating solely to third-party products or services should generally be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Aussie Betta is powered by Shopify, which provides the technology that enables us to operate our online store.
However, purchases made through our store are transactions directly between you and Aussie Betta.
Shopify is not the seller of Aussie Betta products and is not responsible for the performance, quality, delivery or use of products purchased from us.
To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims arising solely from transactions between you and Aussie Betta.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our Services are hosted by Shopify, Shopify may also collect and process certain personal information in order to provide and improve its services.
Information may also be shared with service providers and business partners where necessary to operate the store, process transactions, provide customer support, fulfill orders, prevent fraud or otherwise provide the Services.
Please review our Privacy Policy for more information about how personal information is collected, used and handled.
SECTION 11 - FEEDBACK
If you submit reviews, suggestions, ideas, feedback, proposals, comments or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free right to use, reproduce, display, publish and otherwise use that Feedback where reasonably necessary to operate, improve and promote our Services.
You represent that you have the necessary rights to submit such Feedback and that it does not violate the rights of another person.
Where you received compensation or another incentive in connection with Feedback or a review, you are responsible for making any disclosure required by applicable law.
We may remove content that we reasonably believe is unlawful, abusive, misleading, defamatory, infringing or otherwise inappropriate.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability or other information.
We reserve the right to correct such errors and update information where permitted by law.
If an error materially affects an order already placed, we will take reasonable steps to notify you and provide an appropriate resolution where required.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
- Violate applicable laws or regulations
- Infringe intellectual property or other rights
- Harass, threaten, abuse or harm another person
- Submit false, fraudulent or misleading information
- Distribute spam, malware, viruses or harmful code
- Impersonate another person or organization
- Attempt unauthorized access to the Services
- Scrape, crawl or interfere with the Services in a manner that violates applicable law or our rights
- Circumvent security or access-control features
- Use the Services for fraudulent or malicious purposes
We reserve the right to restrict or terminate access where we reasonably believe these Terms have been violated.
SECTION 14 - TERMINATION
We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated.
Termination does not affect rights and obligations that arose before termination.
Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, liability, indemnification and governing law.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and information provided through them are made available for general commercial and informational purposes.
While we make reasonable efforts to maintain accurate and reliable Services, we do not guarantee that access will always be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by applicable law, the Services and products are provided subject to applicable statutory rights and any warranties that cannot lawfully be excluded.
Nothing in these Terms excludes or limits consumer rights that cannot be excluded or limited under applicable law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Aussie Betta and its affiliates, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from the use of the Services or products purchased through them where such liability may lawfully be excluded.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
Nothing in these Terms excludes any statutory consumer guarantee, remedy or right that cannot legally be excluded.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Aussie Betta and its affiliates, employees, contractors and service providers from third-party claims arising from your unlawful use of the Services, your material breach of these Terms or your violation of another person's rights.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted or severed where appropriate.
The validity and enforceability of the remaining provisions will not be affected.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies referenced through our Services, constitute the agreement governing your use of the Services.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is legally permitted to be required.
We may assign or transfer our rights and obligations in connection with a restructuring, sale, transfer of business or similar transaction, subject to applicable law.
SECTION 21 - GOVERNING LAW
These Terms of Service and your use of the Services will be governed by applicable laws and the laws of the jurisdiction in which Aussie Betta operates, subject to any mandatory consumer protection laws that apply based on your place of residence.
Nothing in this section removes any rights you may have under mandatory consumer protection legislation.
SECTION 22 - HEADINGS
Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms of Service from time to time.
The latest version will be published through our website.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms, except where applicable law requires otherwise.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Aussie Betta
Email: AussieBetta.service@hotmail.com
Phone: 0430085686
Address: 22A Haughton Street, Linley Point 2066, NSW Australia