Terms of service

OVERVIEW

These Terms of Service (“Terms”) govern your use of the website operated by Infibloom Pty Ltd (referred to in these Terms as “we,” “us,” or “our”). By accessing our website or purchasing products and/or services (collectively, “Services”) from us, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our website or Services.

We reserve the right to update or amend these Terms at any time, and such changes will be effective immediately upon posting on our website. It is your responsibility to check this page periodically for any changes. Continued use of our website or Services following the posting of changes constitutes acceptance of those changes.

Terms of service

  1. Age and Eligibility
    By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence in Australia (or your country of residence if you are accessing from elsewhere), or that you are the age of majority and have granted permission for any of your minor dependents to use this site under your supervision.

  2. Compliance with Law
    You agree to use our products and Services only for lawful purposes and in compliance with all applicable laws and regulations, including (without limitation) Australian Consumer Law, copyright laws, and other relevant legislation in your jurisdiction.

  3. Prohibitions
    You must not transmit any viruses, worms, or destructive code. Violations of system or network security may result in civil or criminal liability.

  4. Termination for Breach
    If you fail to comply with any provision of these Terms, we reserve the right to immediately terminate your access to our website and Services without further notice.

2. GENERAL CONDITIONS

  1. Right to Refuse Service
    We reserve the right to refuse service to anyone, at any time, for any reason, to the extent permitted by law.

  2. Content Transmission
    You understand that any content you provide to us (excluding payment information) may be transferred unencrypted across various networks and may be modified to conform to technical requirements. Payment information (e.g., credit card details) will always be encrypted during transfer.

  3. Use Limitations
    You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access to the Services without our express written permission.

  4. Headings
    Section headings in these Terms are for convenience only and do not affect interpretation.

3. ACCURACY AND TIMELINESS OF INFORMATION

  1. General Information
    While we strive to ensure the information on our site is accurate and up to date, it may occasionally contain typographical errors or inaccuracies. Any reliance you place on such information is at your own risk.

  2. Right to Modify
    We reserve the right to modify or update any information on our site at any time without prior notice. However, we have no specific obligation to update information regularly.

4. MODIFICATIONS TO SERVICES AND PRICES

  1. Price Changes
    Prices for our products and Services are subject to change without notice.

  2. Service Changes
    We reserve the right at any time to modify or discontinue the Services (or any part of them) without notice.

  3. Liability for Changes
    We are not liable to you or any third party for price changes, modifications, or discontinuations of the Services, except as otherwise required by Australian Consumer Law.

5. PRODUCTS OR SERVICES

  1. Online Availability
    Certain products or Services may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Refund Policy and applicable Australian consumer laws.

  2. Accuracy of Product Representation
    We endeavour to display our products’ colours and images accurately. However, we cannot guarantee that your device’s display will accurately reflect actual colours.

  3. Right to Limit
    We reserve the right, on a case-by-case basis, to limit sales of our products or Services to any individual, geographic region, or jurisdiction, where legally permissible.

  4. Discontinuation
    We may discontinue any product at any time. Any offer for any product or Service is void where prohibited by law.

  5. Quality and Expectations
    Except as required by Australian Consumer Law, we do not warrant that the quality of our products, information, or other materials purchased will meet your expectations or that any errors in the Services will be corrected. Nothing in these Terms should be taken to exclude or restrict your rights under the Australian Consumer Law.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. Order Refusal
    We reserve the right to refuse any order you place with us. We may also limit or cancel quantities purchased per person, per household, or per order if we suspect a breach of these Terms or illegal/fraudulent activity.

  2. Notification of Changes
    If we change or cancel an order, we may attempt to notify you via the email, billing address, or phone number you provided at the time of order.

  3. Account Information
    You agree to provide current, complete, and accurate account information for all purchases. You must promptly update your account details, including your email address and payment information, so we can complete transactions and contact you as necessary.

  4. Refund Policy
    For more details, please refer to our Refund Policy

7. OPTIONAL TOOLS

  1. Third-Party Tools
    We may provide you with access to third-party tools or services. You acknowledge that we provide these on an “as is” and “as available” basis without warranties or endorsements of any kind.

  2. No Liability
    We are not liable for any issues arising from or related to your use of optional third-party tools.

  3. Future Features
    We may introduce new tools, features, or Services in the future, which will also be subject to these Terms.

8. THIRD-PARTY LINKS

  1. External Content
    Our website may include links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party materials and assume no liability for any third-party products, services, or websites.

  2. Your Responsibility
    Your dealings with third-party websites are solely between you and the third party. We encourage you to review the policies and terms of those websites before engaging in any transaction.

9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

  1. Submissions
    If, at our request or otherwise, you send any ideas, suggestions, proposals, or materials (collectively, “comments”), you grant us a non-exclusive, royalty-free, perpetual right to edit, publish, distribute, translate, and otherwise use such comments in any medium.

  2. No Obligation
    We are under no obligation to maintain comments in confidence, provide compensation for them, or respond to them.

  3. Content Standards
    You must ensure that your comments do not violate any third-party rights or contain unlawful, abusive, obscene, or defamatory material, viruses, or any harmful code.

  4. Accuracy of Comments
    You are solely responsible for the accuracy of any comments you post. We assume no liability for comments posted by you or third parties.

10. PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. By using our Services, you consent to the collection, use, and disclosure of your personal information as described therein and in accordance with Australian privacy laws.

11. ERRORS, INACCURACIES, AND OMISSIONS

We may occasionally post information with typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update information or cancel orders if needed, without prior notice. We undertake no obligation to update or clarify information except as required by law.

12. PROHIBITED USES

You are prohibited from using the site or its content:

  • For any unlawful purpose;
  • To solicit others to perform unlawful acts;
  • To violate any international, federal, state, or local regulations or laws;
  • To infringe upon our or others’ intellectual property rights;
  • To harass, abuse, insult, harm, defame, slander, or discriminate based on protected attributes;
  • To submit false or misleading information;
  • To upload or transmit harmful or malicious code;
  • To collect or track others’ personal information without consent;
  • For obscene or immoral purposes;
  • To interfere with security features of the website, other websites, or the Internet.

We reserve the right to terminate your use of our website or Services for engaging in any prohibited uses.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. Service “As Is”
    Except as provided under the Australian Consumer Law or other applicable consumer protection legislation, our Services and products are offered “as is” and “as available” without warranties of any kind, express or implied.

  2. No Guarantee
    We do not guarantee that your use of the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

  3. Limitation of Liability
    To the fullest extent permitted by law and except as set out in the Australian Consumer Law, we (including our directors, employees, affiliates, and partners) are not liable for any loss or damage of any kind (including direct, indirect, incidental, or consequential losses) arising from your use of the Services, inability to use the Services, or reliance on any content provided in the Services.

  4. Non-Excludable Rights
    Nothing in these Terms excludes or limits rights or remedies under Australian Consumer Law or any other law that cannot be excluded.

14. INDEMNIFICATION

You agree to indemnify and hold harmless Infibloom Pty Ltd and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim, demand, or expenses (including reasonable legal fees), arising out of your breach of these Terms or violation of any law or the rights of a third party.

15. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. TERMINATION

  1. Duration
    These Terms apply unless and until terminated by either you or us. You may terminate these Terms by notifying us at any time that you no longer wish to use our Services or by discontinuing use of our website.

  2. Termination by Us
    If we reasonably believe you have violated any provision of these Terms, we may terminate this agreement without notice. Upon termination, you remain liable for all amounts due up to and including the date of termination.

17. ENTIRE AGREEMENT

These Terms, together with any policies or operating rules we post on this website or make available to you, constitute the entire agreement between you and us regarding your use of our Services. Any failure by us to exercise any right or provision of these Terms does not constitute a waiver of that right or provision.

18. GOVERNING LAW

These Terms and any related disputes shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of laws principles. You submit to the exclusive jurisdiction of the courts of the state or territory in which our business is registered, unless otherwise required by Australian Consumer Law.

19. CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting revisions on our website. It is your responsibility to check for updates. Your continued use of or access to our website or Services after any changes constitutes acceptance of those changes.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:
shayne@infibloom.com.au