Terms of Service
Overview
This website is operated by navero. Throughout the Site, the terms “we”, “us” and “our” refer to navero. We offer this website, including all information, tools and services available from this site (the Service) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (the Terms).
By accessing the Site and/or purchasing from us, you agree to be bound by these Terms, including additional terms and policies referenced or linked here (collectively, the Agreement). If you do not agree, you may not access or use the Service.
We may update these Terms at any time by posting a revised version on the Site. Your continued use constitutes acceptance of changes. Our store is hosted on Shopify Inc., which provides the online e-commerce platform enabling us to sell our products and services to you.
1. Online Store Terms
1.1 You represent that you are at least the age of majority in your state or territory of residence, or that you have provided consent for any minor dependants to use this Site.
1.2 You must not use our products for any illegal or unauthorised purpose, nor violate any laws in your jurisdiction in connection with the Service.
1.3 You must not transmit any worms, viruses or code of a destructive nature.
1.4 A breach of any term may result in immediate termination of your access to the Service.
2. General Conditions
2.1 We reserve the right to refuse Service to anyone for any reason at any time.
2.2 You understand that your content (excluding payment card data) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Payment card data is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
3. Accuracy, Completeness and Timeliness of Information
3.1 The material on this Site is provided for general information only. We are not responsible if information is not accurate, complete or current.
3.2 We may modify the contents of the Site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes.
4. Modifications to the Service and Prices
4.1 Prices are subject to change without notice.
4.2 We may modify or discontinue the Service (or any part) without notice.
4.3 We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
5. Products and Services
5.1 Certain products or services may be available exclusively online and may have limited quantities; returns are subject to our Refund Policy.
5.2 We attempt to display product colours and images accurately but cannot guarantee your device’s display.
5.3 We may limit sales of products or Services to any person, region or jurisdiction and limit quantities at our discretion.
5.4 All product descriptions and pricing are subject to change at any time without notice.
5.5 We may discontinue any product at any time. Any offer on this Site is void where prohibited.
5.6 Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) and the ACL that cannot be excluded.
6. Accuracy of Billing and Account Information
6.1 We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household or per order, including orders using the same account, card, and/or billing or shipping address.
6.2 If we change or cancel an order, we may attempt to notify you using the email, billing address or phone number provided at the time of order.
6.3 You agree to provide current, complete and accurate purchase and account information and promptly update details so we can complete your transactions.
7. Shipping, Risk and Title
7.1 Shipping times are estimates only and not guaranteed unless expressly stated.
7.2 Risk in goods passes to you upon delivery to the address you provide (including delivery to a reception/authority at that address).
7.3 Title to goods passes upon full payment being received by us.
8. Returns, Refunds and Warranty
8.1 Returns and refunds are governed by our Refund Policy (30-day change of mind conditions and 1-year warranty against manufacturing defects).
8.2 Your rights under the ACL apply in addition to, and are not limited by, our policy.
9. Optional Tools and Third-Party Services
9.1 We may provide access to third-party tools over which we have no control. You acknowledge access is provided “as is” and “as available” without warranties.
9.2 Any use of optional tools is entirely at your own risk and you should ensure you are familiar with and approve the terms of the relevant third party.
9.3 New features or services offered via the Site shall be subject to these Terms.
10. Third-Party Links
10.1 Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not be liable for any third-party materials, websites, products or services.
10.2 Review third-party policies and practices before engaging in any transaction. Complaints or concerns regarding third-party products should be directed to the third party.
11. User Content, Reviews and Submissions
11.1 If you submit reviews, comments, ideas, proposals, plans or other materials (collectively, User Content), you grant navero a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content in any media.
11.2 We may monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms.
11.3 You warrant your User Content does not infringe any third-party rights and does not contain malware or harmful code.
12. Personal Information
12.1 Your submission of personal information through the store is governed by our Privacy Policy.
12.2 We may transfer or process personal information outside Australia (e.g., via Shopify/Google/Klaviyo). We take reasonable steps to ensure such recipients handle personal information in accordance with Australian Privacy Principles.
13. Errors, Inaccuracies and Omissions
13.1 Occasionally, information on our Site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
13.2 We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit your order), to the extent permitted by law.
14. Prohibited Uses
You must not use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any applicable laws; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service or related websites. We may terminate your use of the Service for any prohibited use.
15. Intellectual Property
All content on the Site, including text, graphics, logos, images, audio clips, video, data compilations and software, is the property of navero or its licensors and is protected by applicable intellectual property laws. No rights are granted except as expressly set out in these Terms.
16. Disclaimer of Warranties; Limitation of Liability
16.1 Except as required by the ACL or other non-excludable law, the Service and all products and services delivered through the Service are provided “as is” and “as available” without warranties of any kind, express or implied.
16.2 To the maximum extent permitted by law, navero and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, savings, data or goodwill, arising from your use of the Service or any products procured using the Service.
16.3 ACL Notice: Where the ACL applies, our liability is limited, at our option, to: (a) in the case of goods—repair or replacement of the goods or payment of the cost of repair or replacement; and (b) in the case of services—re-supply of the services or payment of the cost of re-supplying the services, unless it is not fair or reasonable to do so.
17. Indemnification
You agree to indemnify, defend and hold harmless navero and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or rights of a third party.
18. Severability
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severed to the extent of such unlawfulness, voidness or unenforceability, and the remaining provisions remain in full force and effect.
19. Termination
Obligations and liabilities incurred prior to termination survive termination for all purposes. These Terms are effective unless and until terminated by either party. You may terminate by ceasing use of the Site and notifying us. If in our sole judgment you fail to comply with any term, we may terminate this Agreement at any time without notice and you remain liable for all amounts due up to and including the date of termination.
20. Entire Agreement; No Waiver
These Terms and any policies or operating rules posted on the Site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Our failure to exercise or enforce any right or provision shall not constitute a waiver.
21. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
22. Electronic Communications and Notices
By using the Service, you consent to receive communications from us electronically. We may provide notices by posting on the Site and/or emailing you at the address associated with your account or order.
23. Promotions, Discount Codes and Gift Cards
23.1 Promotions and discount codes are subject to separate terms and may be modified or withdrawn at any time. Unless stated otherwise, promotions cannot be combined.
23.2 Gift cards (if offered) are non-refundable (except as required by law), cannot be redeemed for cash and expire in accordance with applicable law.
24. Pre-Orders and Backorders (if applicable)
By placing a pre-order or backorder, you acknowledge estimated shipping dates are indicative only and may change. We may process payment at the time of order. Your statutory rights remain unaffected.
25. Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, epidemic or pandemic, labour disputes, supply or transport interruptions, or actions of government.
26. Changes to Terms
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 updates on the Site. Your continued use of the Site or Service after changes are posted constitutes acceptance.
27. Contact Information
Questions about these Terms should be sent to:
admin@navero.com.au