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Terms of service
Our disclosures
Please make sure you read these terms and conditions carefully. Below is a list of important terms which you should know before placing an order:
· All sales are subject to availability of our Goods. We reserve the right to cancel an order and refund you in full if the Goods are not available.
· We reserve the right to cancel any order at any time or for any reason. Where we have cancelled your order, we will refund you in full using the same method you used to pay for the order.
· Our liability under these Terms is limited to the price that you have paid for the Goods the subject of the claim and we take no responsibility for any consequential loss.
· Nothing in these Terms limit your rights under the Australian Consumer Law.
OVERVIEW
This website is operated by TDY Active (ABN 52 653 354 995) (“we”, “us” and “our”). Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
We offer our website including our online shop (“the Site”) and all information, tools and gods available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The Site will list a number of goods and products (“the Goods”).
By visiting the Site and/ or purchasing the Goods, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including any additional terms and conditions or policies referenced in the Terms and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Online Store Terms
1.1. By agreeing to these Terms you represent that you are at least 18 years of age or that you are over 18 years of age and you have given us your consent to allow any of your minor dependents to use the Site.
1.2. You may not use the Goods for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. You must not transmit any worms or viruses or any code of a destructive nature:
1.4. A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.5. You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. The Terms that apply to you are those posted here on the Site on the day you order the Goods.
1.6. We reserve the right to refuse Service to anyone for any reason at any time.
1.7. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
2. Accounts
2.1. You can purchase Goods on the Site by creating an account or you may choose to proceed without an account. You may have the option of creating an account using your Facebook or other social media account (Social Media Account). You understand that if you create an account using your Social Media Account, that you give your consent to us accessing your personal information including your profile photo and your basic profile information.
2.2. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2.3. If you use the Site in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2.4. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
2.5. You understand that you must not do anything which is unlawful when you are using our Site and that we can cancel your account at any time if you breach these Terms or engage in any actions which are unlawful such as:
a) breaching anyone’s privacy, confidentiality or anyone’s rights including their intellectual property rights;
b) using the Site to bully, harass or abuse anyone; or
c) inserting any harmful code or virus or using any data mining tools.
3. Accuracy of Information
3.1. We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
3.2. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
3.3. Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
3.4. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
4. Goods
4.1. Certain Goods may be available exclusively online through the Site. These Goods may have limited quantities and are subject to return or exchange only according to our Refund Policy.
4.2. The price of any Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
4.3. We do our best to update the Site to reflect the stock levels of the Goods but mistakes can happen.
4.4. We have made every effort to display as accurately as possible the colours and images of the Goods that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
4.5. You understand and agree that all Goods you purchase from us are for your personal non commercial use and that you will not resell them.
4.6. We reserve the right to withdraw from sale any Good on the Site and will not be liable for any loss you may suffer as a result of us withdrawing a Good from sale.
4.7. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.8. We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
5. Orders
5.1. You can place an order for the Goods on the Site (“Order”). You understand that:
a) as we rely on our suppliers, we do not guarantee that Goods advertised on the Site are available; and
b) by placing an Order, you agree to purchase the Goods for the price listed on the Site including any taxes and delivery fees.
5.2. Your Order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you or that we inform you that the Goods are ready for collection. At any point up until then, we may decline to supply the Goods to you without giving any reason. If we cancel or reject an Order, we will let you know by email and refund the price you have paid for those Goods using the method you have used to pay for the Goods.
5.3. It is your responsibility to ensure that you have selected the right goods including the right sizes, colour and style.
5.4. If we do not have all of the Goods in an Order in stock, we will offer you alternatives. If this happens you may:
a) accept the alternatives we offer;
b) cancel all or part of the Order. We will refund you for the part of the Order you have cancelled.
5.5. If in future, you buy Goods from us under any arrangement which does not involve your payment via the Site, these Terms still apply so far as they can be applied.
5.6. Unless otherwise agreed in advance by us, we do not accept and changes or cancellations to Orders that you have placed.
5.7. We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address.
5.8. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the Order was made.
5.9. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. Price and payment
6.1. The price payable for the Goods that you order is clearly set out on the Site. If you reside in Australia, you understand that the listed process are inclusive of any goods and services tax (“GST”).
6.2. The price listed on the Site for the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of the Site before we ask you to pay.
6.3. You must pay for the Goods in full using the method available on the Site, before we dispatch the Goods to you.
6.4. Card payments are not processed through pages controlled by us and we do not store any credit card details. We use one or more online payment service providers (such as PayPal) who will encrypt your card or bank account details in a secure environment. You understand that you will need to accept the terms and conditions of any third party payment service providers before you make payment and that we are not responsible for the actions of the third party payment service providers.
6.5. We may from time to time, offer promotions or discounts to our account holders. You understand that is your responsibility to enter the applicable promotional or discount code when you checkout in order to be eligible for the applicable discount or promotion. The terms and conditions of any promotions or discounts will be set out on the Site.
6.6. We will process any refunds within a reasonable time of agreeing to do so.
7. Delivery
7.1. You can view our Shipping Policy on our website.
7.2. At the time of placing an order, you can select to have the Goods by standard or express post. .
7.3. Goods are usually dispatched within 5 days from the day you place an order to purchase the Goods.
7.4. Deliveries will be made by post to the address stipulated in your Order. We will send you a message by email to tell you when we have despatched your Order. You must ensure that someone is present to accept the delivery.
7.5. If we are not able to deliver your Goods within 15 days of the date of your Order, we shall notify you by e-mail to let you know and you may choose to cancel the Order for a full refund.
7.6. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
7.7. Title in the Goods remain with us until you have paid for the Goods in full. Risk in the Goods will pass to you once the Goods are delivered to the delivery address you have set out when placing your order or when you have collected the Goods from Our Store.
7.8. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
7.9. If you have selected the “click and collect” option, we will send you an email notifying you when the Goods are ready to be picked up. You must pick up the Goods within 5 days of receiving the notification. If you do not pick up the Goods, we will cancel the order and provide you with a refund.
8. Change of mind returns
8.1. You can request a return of Goods where you have changed your mind in accordance with our Returns Policy which you can view on our website.
9. Third Party Links and Tools
9.1. We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
9.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.3. Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4. We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
9.5. Certain content, products and Services available via our Site may include materials from third-parties.
9.6. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.7. To the maximum extent allowed under law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions that you make in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. Your Comments and Feedback
10.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
10.2. We may, but have no obligation to, monitor, edit or remove content or Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
10.3. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
10.4. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. To the maximum extent allowed under law, we take no responsibility and assume no liability for any Comments posted by you or any third-party.
11. Privacy and Personal Information
11.1. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on our website.
11.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
12. Prohibited Uses
12.1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its contents:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
12.2. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
13. Australian Consumer Law
13.1. Nothing in these Terms modifies or excludes any of the conditions and warranties or any of your rights provided for under the Australian Law and Fair Trading Act 2012 (Cth) (“The Australian Consumer Law”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
13.2. To make a claim under Australian Consumer Law, you must contact us and inform us of the reason for your claim. You must provide proof of purchase and you are responsible for returning the Goods to us. If you have a valid claim under Australian Consumer Law, we will provide you with new or repaired Goods or refund you the price you have paid for the affected Good. We will also refund any costs you may have incurred in returning the Good to us.
14. Disclaimers and limitation of liability
14.1. We or our Content suppliers may make improvements or changes to the Site, the Services, or to any of the Goods, at any time and without advance notice.
14.2. Neither Party will be liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Site or the purchase of Goods.
14.3. Subject to your rights under the Australian Consumer Law, the maximum extent allowed under law, our aggregate liability under these Terms is limited to the value of the Goods to which the liability relates. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
14.4. To the maximum extent allowed under law:
a) we do not warrant that the quality of any Goods, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected;
b) we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free; and
c) we do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
15. General terms
15.1. Severability: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15.2. Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
15.3. Governing Law: These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
Questions about the Terms of Service should be sent to us at info@tdy.dance.
Our contact information is posted below:
Trading Name: TDY Active
Email: info@tdyactive.net
ABN 52 653 354 995