Terms and Conditions

THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF "WWW.TINNITOTS.COM.AU" WEBSITE AND ITS SERVICES.

1. Introduction

   1.1 Please carefully read these Terms and Conditions (the “Terms”) for the website located at www.tinnitots.com.au (the “Website”) including its sub-domains and mobile-optimized version, if any. The Website is owned and operated by TINNITOTS PTY LTD. (hereinafter referred to as “Company”, “we,” “us” or “our”). Any ancillary terms, guidelines, the Privacy Policy (the “Privacy Policy”) and other documents made available by the Website from time to time and as incorporated herein by reference shall be deemed as an integral part of these Terms. These Terms set forth the legally binding agreement between you as the user(s) of the Website (hereinafter referred to as “you”, “your”, or “User”) and the Company.

   1.2 These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

2. Acceptance of the Terms

   2.1 Each time by using the Website Services (defined below), making a purchase of any product through the Website, accessing or using the Website in any manner as laid down herein including, but not limited to, visiting or browsing it, you agree to be bound by these Terms as amended from time to time with or without notice.

   2.2 We reserve the right to modify or discontinue, temporarily or permanently, at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or the Website Services.

   2.3 We may modify these Terms from time to time and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. We may also, in our sole and absolute discretion, choose to alert via email all users of whom we maintain email information of such modifications.

   2.4 Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information and we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

   2.5 When upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand these Terms.

   IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE WEBSITE.

3. Website Services 

   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.

   By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

4. Service Availability

   4.1 We shall use commercially reasonable efforts to keep the Website up and running 24 hours a day, seven days a week; provided, however, that we may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website.

5. Discontinuation of Use

   5.1 If you engage in any prohibited conduct or otherwise violate any of these Terms, your permission to use the Website will be terminated.

   5.2 You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Website including (i) where we determine, in our sole discretion, that such action is reasonable to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (ii) in connection with any general discontinuation of the Website Services.

   5.3 We will have no liability whatsoever on account of any change to the Website Services or any suspension or revocation of your access to or use of the Website.

6. Electronic Signature Consent

   6.1 You agree that your “Electronic Signature” is the legal equivalent of your manual signature for the purpose of these Terms, thereby indicating your consent to do business electronically.

   6.2 By clicking on the applicable button on the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with the Company; effective on the date you first click to accept these Terms.

7. Electronic Delivery of Communications

   7.1 You agree to receive communications from the Website in electronic form. Such electronic communications may include, but will not be limited to, all current and future notices and/or disclosures that various laws or regulations require that we provide you as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.

   7.2 You accept that the electronic documents, files and associated records provided via the Website are reasonable and proper notice for all laws, rules, and regulations and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We reserve the right to require ink signatures on hard copy documents from the related parties at any time.

8. User Responsibility

   8.1 Users are solely responsible for all of the transactions conducted on, through or as a result of the use of the Website or the Website Services including, but not limited to, making a payment transaction.

   8.2 You agree that the use of the Website and/or the Website Services are subject to all applicable local laws and regulations. You also agree:

   i. not to use the Website for illegal purposes;

   ii. not to commit any acts of infringement on the Website or with respect to content on the Website;

   iii. not to copy any content for republication in print or online;

   iv. not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;

   v. not to attempt to gain unauthorized access to other computer systems from or through the Website;

   vi. not to interfere with another person's use and enjoyment of the Website;

   vii. not to upload or transmit viruses or other harmful, disruptive or destructive files;

   viii. not to disrupt, interfere with or otherwise harm or violate the security of the Website or any services, system restores, servers or networks connected to or accessible through the Website or affiliated or linked website;

   ix. not to use the Website in any way or take any action that causes or may cause damage to the Website or impairment of the performance, availability or accessibility of the Website;

   x. not to use the Website in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

   xi. not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

   xii. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;

   xiii. not to access or otherwise interact with the Website using any robot, spider or other automated means;

   xiv. not to violate the directives set out in the robots.txt file for the website;

   xv. not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

   xvi. not to infringe these Terms or allow, encourage or facilitate others to do the same;

   xvii. not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;

   xviii. not to disturb the normal flow of Website Services;

   xix. not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;

   xx. not to create copies or derivate works of the Website or any part thereof;

   xxi. not to reverse engineer, decompile or extract the Website’s source code;

   xxii. not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;

   xxiii. not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or

   xxiv. not to pretend to be or misrepresent any affiliation with any legal entity or third party.

   8.3 You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of the Website Services without refund, reimbursement or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability of the Company. You represent and warrant to us that you have all rights, title and interest to all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide the Company with all necessary information, materials and approval and render all reasonable assistance and cooperation necessary for the Website Services.

9. Intellectual Property Notice

   9.1 You agree that the Website Services and all the content available on the Website, including but not limited to text, graphics, user interface, audio clips, video clips, trademarks, copyrights, service marks, trade names and other intellectual property containing proprietary information and material, which are the intellectual property of, or otherwise are licensed to the Company and/or its licensors or affiliates, are protected by applicable intellectual property and other laws.

   9.2 You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website Services and for personal, non-commercial uses in compliance with this intellectual property notice. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted by this intellectual property notice. You agree not to modify, rent, loan, sell, or distribute the Website in any manner or to exploit the Website Services in any manner not expressly authorized.

   9.3 The word ‘TINNITOTS’, its logo and other trademarks, service marks, graphics and logos used in connection with the Website Services are our trademarks. You are granted no right or license concerning any of the aforesaid trademarks.

   9.4 You acknowledge and agree that any infringing use or exploitation of copyrighted content on the Website and the Website Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law and therefore our affiliates, licensors or content providers may seek remedy for breach of this intellectual property notice either in equity or through injunctive or other equitable relief. We grant no permission to you for the use of these trademarks and such use may constitute an infringement of intellectual property rights.

   9.5 The third-party(parties) registered and unregistered trademarks or service marks on the Website are the property of their respective owners and, unless stated otherwise in this intellectual property notice, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

   9.10 We may provide you with access to third-party tools or links over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools or links” 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 or links. Any use by you of third-party tools or links 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 or links are provided by the relevant third-party provider(s). 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.

   9.11 All or certain content, products and services available may include materials from third parties. 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions in any form made in connection with any third-party websites. We request you to carefully review the third-party's policies and practices. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party(parties).

10. Term and Termination

    10.1 The term hereof shall begin on the date that comes first among (i) first access or use of the Website; (ii) your first purchase from the Website; or (iii) the Company begins providing its Website Services to you.

    10.2 The term hereof will automatically end on the earlier date of either:(i) your access termination or access revocation for the Website Services or the Website; (ii) the Company’s termination of these Terms or its Website Services at its sole and final discretion; (iii) the termination date indicated by the Company to you from time to time; or (iv) the Company’ decision to make the Website or Website Services no longer available for use at its sole and final discretion.

    10.3 Upon expiration of these Terms, you shall immediately cease any use of the Website Services along with any information and data collected therefrom.

11. Representation

    As a user of the Website, you are liable for the accuracy of the information that you provide to us including, but not limited to, your personal and professional representation.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

    We reserve the right to reject any order you place with us. We may, in our sole discretion, limit or update 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 to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit or reject orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

12. Amendments

    12.1 The Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Privacy Policy at any time and at its sole and final discretion. The Company may change the Website’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed on the Website and we may notify you through the Website or by email.

    12.2 Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website service.

13. No Warranty

    13.1 Your use of the Website or Website Services is at your own risk and therefore you hereby acknowledge and agree that the Website and the Website Services are provided “as is”, “with all faults”, and “as available”, including all content, guides, checklists, reference guides, sample filing forms, software, materials, services, functions and/or information made available thereby. It shall be your responsibility to ensure that the Website Services or information available through the Website meet your specific requirements.

    13.2 Neither the Company, nor its affiliates, subsidiaries, officers, employees and agents warrant that the Website will be error-free, uninterrupted, secure or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by the Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall the Company or its affiliates be held liable for any such services.

    13.3 Neither the Company nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described on the Website are not typical and will vary based on a variety of factors outside the control of the Company. Your use of any information and/or materials on this Website is entirely at your own risk for which we shall not be held liable.

    13.4 All or certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Website 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 any time 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. 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 in will be corrected.

14. Disclaimer of Damages

    14.1 In no event shall the Company be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.

    14.2 The aforementioned limitation of damage liability shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction; and even if you have been advised of such possibility.

    14.3 To the fullest extent allowable under applicable law, the Company hereby expressly disclaim all representations and warranties of any kind with respect to the Website, including any liability arising out of or related to any purported facts or information and description of any information, products and/or the Website Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.

15. Indemnification

    15.1 You agree to indemnify, defend and hold the Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Privacy Policy; and (iii) your violation of the rights of any third-party.

    15.2 You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.

    15.3 You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.

16. Generals

    16.1 No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and any successor in interest.  Any rights not expressly granted herein are reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of the Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

    16.2 Force Majeure. The Company is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond the Company's reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, pandemic, endemic, orders of domestic or foreign courts or tribunals or non-performance of third parties. 

    16.3 Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

    16.4 No Waiver. Failure by the Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

    16.5 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

    16.7 Feedbacks, Comments or any other form of submission With or without our request, if any specific submissions (for example giveaways) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments') is sent or shared or marketed by you; you agree that we may, at any time, without restriction, use, delete, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party(parties), including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of us. You may not use a false email 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. Contact

    17.1 For any inquiries or complaints regarding the Website Service or the Website, please contact by emailing us at support@tinnitots.com.au or calling us at +61 469 884 519.