Section 1 – Overview
1. This website (Site) is operated by The Tinkmo. Throughout the site, the terms “we”, “us” and “our”refer to The Tinkmo. The Tinkmo offers this website (Site),including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2. By visiting our Site and/ or purchasing products from our site (Products), you engage in our services (Services) and agree to be bound by the following terms and conditions (Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.These Terms of Service are binding on any use of our Site on any device.and apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3. Please read these Terms of Service carefully before accessing or using our website. By accessing the Site, you agree to be bound by these Terms ofService. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms ofService are considered an offer, acceptance is expressly limited to these Terms of Service.
4. Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
5. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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 Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
6. Questions about the Terms of Service should be sent to us at email@example.com.
Section 2 – Eligibility
1. As a condition of your using and accessing the site and purchasing our products, you represent and warrant that you:
(a) are aged 18 years or over;
(b) you are authorised to use and access the Site and the Products and to access the information and data that you input into the Site, including any information or data input into the Site by any person you have authorised to use the Site;
(c) are authorised to access the processed information and data that is made available to you through your use of the Site (whether that information and data is your own or that of anyone else);
(d) you are responsible for authorising any person who is given access to information or data, and you agree that we have no obligation to provide any person access to such information or data without your authorisation and may refer any requests for information to you to address;
(e) are aware and comply with all relevant and applicable laws regarding the use of our Services and purchase and consumption of our Products;
(f) will only provide information including personal information that is complete, accurate and up to date;
(g) will not falsify any of your data or other information;
(h) will only maintain one account at any given time, and if your account is ever suspended or terminated for any reason, you will not create another account;
(i) are not currently prohibited or otherwise restricted from using or accessing the Site, using our Services or purchasing our Products;
(j) are not a competitor of us, and are not using or accessing the Site or ourProductions for the purposes of competing with our business;
(k) will not use our Services or Products for any illegal or unauthorised purpose;
(l) will not violate any of our or any other person’s rights, including but not limited to, Intellectual Property Right (as defined in Section 17 below); and
(m) have full authority to enter into any agreement with us in connection with using or accessing the Site, including but not limited to, agreeing to be bound by these Terms of Service, and that doing so does not violate any other agreement which you have with any other party.
2. You acknowledge and warrant that if you use our Site on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise):
(a) you are responsible for ensuring that you have the right to do so;
(b) you agree that you have obtained that person’s authority and consent to use the Site on their behalf and have the authority to agree to these Terms of Service on behalf of that person;
(c) you agree that by registering to use the Site you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms of Service, without limiting your own personal obligations under these Terms of Service; and
(d) the provision of, access to, and use of, the Site is on an “as is” basis and at your (and that person’s) own risk.
Section 3 – Your Obligations
1. You must not:
(a) use the Site or the Products for any purpose or in any manner other than as set out in these Terms of Service;
(b) use the Site or the Products for any unlawful purpose;
(c) use the Site or the Products in any way that could damage our reputation or the goodwill or other rights associated with the Service;
(d) use the Site or the Products to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) use the Site to submit false or misleading information;
(f) permit any third party to use the Site or the Products other than as set out in these Terms of Service;
(g) attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party’s computing systems and networks;
(h) use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used to deliver the Site or impair the ability of any other user to use the Site;
(i) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the device on which the Site is hosted;
(j) transmit, or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and/or
(k) unless you have our prior written consent, rent, lease, lend, sell, redistribute or sublicense the Site, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part there of or any computer programs used to deliver and/or operate the Site (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Site).
2. You must only use the Site and purchase the Products for your own lawful personal or business purposes, in accordance with these Terms of Service and any notice sent by us and any other additional terms, conditions, policies, rules, disclaimers and notices displayed elsewhere on the Site and/or the Products and as may be changed or updated from time to time by us. You may use the Site on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom goods and/or services are provided, comply with and accept all Terms of Service that apply to you.
3. You must ensure you protect the Site and the Products at all times from unauthorised access, use or damage and you must ensure that all usernames and passwords required to access the Site or the Products are kept secure and confidential. You must immediately notify us of any unauthorised use of your passwords or any other breach of security and you must reset your password and you must take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to the Site.
4. As a condition of these Terms of Service, when using or accessing the Site or the Products, you must pay all monies as and when due to us.
Section 4 – Products and Services
You acknowledge and agree that we may, at our absolute discretion, amend or change any part of the Services at any time and in doing so, remove or add information which is or may be available from time to time.
2. Certain Products or Services may be available exclusively online through the site. These Products or Services may have limited quantities and are subject to return or exchange only according to our returns policies and procedures.
3. We have used reasonable endeavours to display as accurately as possible the colours and images of our products that appear at the store. Due to different screen resolutions, colours may vary. We cannot guarantee that your computer screen’s display of any colour will be accurate.
4. We reserve the right, to limit the sales of our Products 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 Products 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.
5. We reserve the right to discontinue any Product at any time. Any offer for anyProduct or service made on this Site is void where prohibited.
6. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
7. We make no representations as to the suitability, quality or acceptability of any Products generally and/or with regard to your particular needs (including any allergies or illnesses you may have).
8. 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change toor 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
9. You agree to provide current, complete and accurate purchase and account information for all purchases made on our 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.
Section 5 – Payment Terms
1. All prices quoted by us on the Site are in their local currencies.
2. We reserve the right to change or alter prices of Products and Services without notice to you.
3. We accept the following credit cards: Visa, AMEX and Mastercard and accept payment via PayPal, AfterPay and Zip Pay.
4. We also accept payment via gift cards.
5. You acknowledge that where you purchase any Products through our Site, you will be responsible for payment in respect of those Products in full(without any set-off or deduction) before the order can be processed and the products can be dispatched.
6. Where such payments are taken through the Site, you acknowledge and accept that such payments are not processed or taken by us and instead are processed by a third-party payment gateway (and you agree to be bound by any policies and terms applicable to that payment gateway).
Section 6 – Promotions and Discounts
For certain campaigns, promotions or competitions, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition.
Section 7 – Gift cards
1. Any lost or stolen gift cards are unable to be replaced, refunded or redeemed.
2. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
3. If you return or exchange a product purchased using a gift card, the return or exchange will be governed by our returns policy (refer Section 10).
4. We reserve the right to cancel any gift card for any reason and at any time, without notice to you. If we do so, we will provide you with a refund or a replacement gift card equal to the balance on the cancelled gift card, unless the reason for cancellation was for suspicions of fraud or illegal activity.
5. We may vary these terms and conditions from time to time. Any variations will be effective upon the posting of the revised terms and conditions on our website. Your continued use of a gift card after the posting of the revised terms and conditions constitutes your agreement to the revised terms and conditions.
Section 8 – Subscriptions
Section 9 – Shipping
Please refer to our Shipping options.
Section 10 – Returns
1. We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
2. To be eligible for a return, your Product must be:
(a)returned to us within 30 days after you receive the Product; and
(b)in the same condition that you received it, unwashed or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
3. For the avoidance of doubt, we will not accept change of mind returns onProducts that been slept in or washed.
4. Returns can be processed via our self-service portal.
5. Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
6. If you are a consumer for the purposes under Australian Consumer Law items are sold with consumer guarantees prescribed by the Competition andConsumer Act (Cth) 2010. Subject to the requirements set out in the legislation, where there is a failure that amounts to a breach of such consumer guarantees, we will:
a)if the failure is a major failure, either arrange for a replacement with an identical or comparable Product(s) or issue a refund of the price (at your option);
or (b) if the failure is not a major failure, (at our discretion), replace the Product(s) or issue a refund
7. All refunds will be processed via the original payment method.
Section 11 – Third party links
1. Certain content, Products and Services available via our Site may include materials from third-parties.
2. Third-party links on this 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.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made 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. You access those websites and/or use the websites’ products and services entirely at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 12 – Optional tool
1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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.
3. Any use by you of 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).
4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 13 – Feedback and review
1. From time to time, we may request that you provide us with feedback or reviews on our Products and/or Services. You are not obliged to provide such feedback.
2. You acknowledge and agree that:
(a) we, at our sole discretion, may determine whether such comments are published on our Site, or any social media platform; and
(b) where you intend to post any negative review or comment with respect to our Products and/or Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment
Section 14 – Social Media
1. You agree that, where our Services integrate in any way with social media, that you will adhere to these Terms of Service and any other terms and conditions of the social media provider from time to time.
2. With respect to social media, for the purposes of marketing and/or promotion, you hereby acknowledge and authorise us to:
(a) upload, publish, post or repost any content which directly or indirectly references you; and
(b) make use of any publicly available information for the purposes of any publication, post or repost.
3.For the avoidance of doubt, by using the Services, you agree and consent to us undertaking any of the activities contemplated by this clause without the need to obtain any further consent from you.
Section 15 – Privacy
Section 16 – Errors, Inaccuracies and Omissions
1. Occasionally there may be information on our Site 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 our Site is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information on our Site, including without limitation, pricing information, except as required bylaw. No specified update or refresh date applied to our Site, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 17 – Intellectual Property
1. Title to, and all Intellectual Property Rights in the Products and Services(including all content made available on the Site) remain our (and/or our licensors) sole property.
2. Nothing in these Terms of Service constitutes a transfer of any Intellectual Property Rights.
3. Nothing transfers to you ownership of the Products and Services or ourIntellectual Property Rights in relation to the Products and Services.
4. You acknowledge that we (and/or our licensors) own all the IntellectualProperty Rights in the Products and Services.
5. We retain full legal rights in and title to the Products and Services whether inits original form or as modified by you or us.
6. You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Products and Services.
7. If any person makes any claim alleging that any of the Products and Services infringes any Intellectual Property Rights or Moral Rights of any person, you must:
(a) promptly notify us in writing; and
(b) cooperate with, assist and act at all times in accordance with our reasonable instructions, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
8. To the maximum extent permitted by law, you must not:(a) reproduce, make error corrections to or otherwise modify or adapt theProducts and Services or create any derivative works based upon theServices;(b) de-compile, disassemble or otherwise reverse engineer the Products andServices or permit any third party to do so; or(c) modify or remove any copyright or proprietary notices on the Products andServices.
9. In this clause:
(a) “Intellectual Property Rights” means all intellectual property rights ,including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application; and
(b) “Moral Rights” has the meaning given under the Copyright Act 1968 (Cth)and includes any similar rights existing in other countries.
Section 18 – Limitation of liablity
1. To the maximum extent permitted by law:
(a) we exclude all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content posted on the Site;
(b) we do not guarantee that the Site, or the server supporting the Site, is free from defects, viruses or other harmful components, or will be uninterrupted or error free;
(c) we do not guarantee that the Products are free from any defects or contamination;
(d) we accept no liability for the loss of data where such loss is wholly or partly caused by factors beyond our reasonable control including, but not limited to, failure or fault in the hosted environment of the Site, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own device or other access facilities;
(e) we shall not be responsible for any disclosure, use, modification or deletion of your data resulting from any access by third party application providers; and
(f) neither us, nor our directors, officers, employees, contractors or agents, will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise), arising in connection with your use of, or inability to use, theSite or the Products, or reliance upon any of the content or other information posted on the Site or the Products.
2. Save for any terms, conditions, guarantees, warranties, indemnities or other rights which may arise under the Australian Consumer Law or other legislation and which cannot be excluded:
(a) all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded; and
(b) to the extent legally possible any liability that we may have to you in relation to the Site or the Products which cannot be excluded shall be limited to, at our discretion:
(i) either the supplying of the Products again; or
(ii) the payment of the cost of having the Products supplied again.
3. We shall not be liable for:
(a) any injury, loss, expense or damages (including loss of life) of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing; and
(b) any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you including losses of prospective profits or actual profits incurred by you.
Section 19 – Indemnification
You agree to fully indemnify, defend and hold harmless The Tinkmo and our associated entities, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees(those indemnified), harmless from any action, liability, claim, loss, demand, expense (including reasonable legal fees) suffered or incurred by any those indemnified, whether directly or indirectly, in connection with:
(a) your breach or non-observance of any of these Terms of Service;
(b) your breach of any obligation you may have to us;
(c) any breach or inaccuracy in any of your representations or warranties;
(d) your use or access of the Site or the Products;
(e) any data submitted by you;
(f) our possession, processing, use or other handling of the data or related data, documentation or records;(g)our refusal to provide any person access to your information or data in accordance with these Terms of Service; and
(h) us making available information or data to any person with your authorisation.,
SECTION 20 – DELIVERY PROVIDERS
1. You acknowledge and agree that:
(a) where you have used our Site to place an order with respect to anyProducts which are to be delivered to you, the delivery service is provided to you by a third party (Delivery Provider) (and is not delivered by us);
(b) you agree to be bound by any policies and terms applicable to thatDelivery Provider with respect to the delivery;
(c) we make no representations as to the suitability, quality or acceptability of the conduct of the delivery driver, the timeliness of the delivery or generally in regard to the delivery by a Delivery Provider
(d) if there are any issues with regard to the suitability, quality or acceptability of any Products delivered to you by a Delivery Provider, you will contact us directly in respect of such issues and will hold us harmless in respect
to any claim, loss or damage arising from such issues (including any health outcome or illness associated with such issue);
(e) you must resolve all disputes directly with the Delivery Provider;(f) Delivery Providers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs(“Claims”) suffered by you, in connection with your interaction with or provision of the Products by any Delivery Provider; and
(g) by using or accessing the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.Nevertheless, you agree to use or access the Site at your sole risk and that we shall not have any liability to you for any content that may be found to be offensive, indecent, or objectionable.
2. You agree that, to the maximum extent permitted by law, you release us from any and all Claims suffered by you, in connection with:
(a) your interaction with or provision of the Products by any Delivery Provider;
(b) any loss, cost or damage you suffer as a result of (or in any way connected to) any Products;
(c) any loss, cost or damage you suffer as a result of (or in any way connected to) any Products which are (and/or are to be) delivered by a Delivery Provider;
(d) your use of our Site or the Products (except in the manner contemplated by these Terms of Service);
Section 21 – Confidentiality
1. Unless you have obtained our prior written consent (which we can withhold in our discretion) or unless required to do so by law:
(a) you will preserve the confidentiality of all of our Confidential Information obtained in connection with these Terms of Service or the provision of the Services to you. You will not, without our prior written consent, disclose or make any Confidential Information available to any person, or use the same for your own benefit, other than as contemplated by these Terms of Service;
(b) your obligations under this clause will survive termination of these Terms of Service; and
(c) you shall take all reasonable steps to ensure that your employees, agents, sub-contractors or related entities (if applicable), or a student, employee, contractor or subcontractor to which you disclose the Confidential Information in accordance with these Terms of Service, do not make public or disclose our Confidential Information.
2. If you become aware that any of your employees, agents, sub-contractors or related entities (if relevant), or a student, employee, contractor or subcontractor of your employer, have passed on any Confidential Information to any other party, then you shall notify us in writing immediately.
3. The provisions of this clause shall not apply to any information which:
(a) is or becomes public knowledge other than by a breach of this clause;
(b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
(c) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
(d) is independently developed without access to the Confidential Information.
4. If you are required to disclose our Confidential Information by law, you must disclose only the minimum confidential information required to comply with the applicable law or order and must notify us prior to making such disclosure to allow us to make an objection to its disclosure to the relevant third party (if applicable).
5. In this section, “Confidential Information” means the confidential information of The Tinkmo or any of its affiliated entities which relates to the subject matter of these Terms of Service (and the provision of the Products and Services) and includes:
(a) any and all material, information and documentation either produced or provided by us and/or made available to you on the site;
(b) confidential information relating to the design of our Products and Services;
(c) information relating to our personnel, policies or business strategies;
(d) information relating to the terms upon which the Products and Services are provided to you;
(e) all written information exchanged between the parties to these Terms of Service; and
(f) any other information we identify as confidential, sensitive or private or ought reasonably to be considered as confidential, sensitive or private,
electronically or orally, including the Services but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
Section 22 – Termination
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. We reserve the right, to terminate our agreement with you and to suspect or terminate your access to the Site immediately and without notice to you if:
(a) you fail to make payment to us when due;
(b) you breach any of these Terms of Service;
(c) when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
(d) we suspect that you have engaged or are about to engage in fraudulent or illegal activity on the Site.
3. Any termination shall not affect any of our accrued rights or your liabilities, nor shall it affect any provision of these Terms of Service which is expressly or by implication intended to continue in force after such termination.
Section 23 – Entire agreement
1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 24 – Variation to terms of service
We reserve the right to change, modify, add, or remove portions of these Terms of Service at any time without notice to you, effective upon posting it on the Site. By continuing to use or access the Services following any changes to these Terms of Service, you signify that you have read, understood, and agree to be bound by the updated Terms of Service.
Section 25 – Severability
If any part or provision of these Terms of Service is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Service will be binding on the parties.
Section 26 – Governing law
1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Victoria and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Courts of Australia which may hear appeals from these Courts.
2. This Site may be accessed from Australia or overseas. We make no representation that the content of this Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access this Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.