Terms of service
OVERVIEW
This website is operated by The iSharpen Shop. Throughout the site, the terms “we”, “us” and “our” refer to The iSharpen Shop. The iSharpen Shop offers this website, 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.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, vendors and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access the website or use the Services.
Any new features or tools added to the store shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have given your consent to allow any minor dependants to use this site where permitted by law.
You may not use our products or Services for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction in your use of the Service, including but not limited to copyright laws.
You must not transmit worms, viruses, malicious software or any code of a destructive nature.
A breach or violation of these Terms may result in termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred across various networks and may be modified to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure information presented on this site is accurate and current. However, information may occasionally contain errors, omissions or outdated information.
Material on this site is provided for general information and should not be relied upon as the sole basis for making important decisions where more accurate, complete or timely sources of information are reasonably available.
This site may contain historical information which is provided for reference only. We reserve the right to modify the contents of the site at any time.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, at any time, subject to any rights or obligations that cannot lawfully be excluded.
We will not be liable to you or any third party solely because of a lawful modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. Products may have limited quantities and are subject to our Refund Policy and your rights under applicable consumer law.
We make reasonable efforts to display product colours and images accurately. However, we cannot guarantee that your computer, phone or other display will reproduce colours exactly.
We reserve the right, where lawful, to limit 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 quantities of products or Services offered. Product descriptions, availability and pricing may change without notice.
We reserve the right to discontinue any product at any time.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit or cancel an order where reasonably necessary, including in cases of suspected fraud, incorrect pricing, product unavailability, misuse of promotional offers or orders that appear to have been placed by unauthorised resellers.
If we change or cancel an order after it has been placed, we may attempt to notify you using the email address, billing address or phone number supplied with the order.
You agree to provide current, complete and accurate purchase and account information for purchases made through our store.
You agree to promptly update your account information where necessary so that we can complete transactions and contact you as required.
For more information about returns and remedies, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we do not monitor and have no direct control.
Access to third-party tools may be provided on an “as is” and “as available” basis without warranties or representations from us, except to the extent such warranties or rights cannot lawfully be excluded.
Your use of optional third-party tools is at your discretion and may also be subject to the third party's own terms and privacy policies.
Any new Services or features offered through the website in the future will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with or controlled by us.
We are not responsible for examining or evaluating the content, accuracy, security, policies or practices of third-party websites.
You should review the relevant third party's terms, privacy policies and practices before engaging in transactions with them.
Questions or complaints relating specifically to third-party products or services should be directed to the relevant third party where appropriate.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, ideas, suggestions, proposals, photographs, reviews or other materials, you represent that you have the right to provide that material to us.
Where you submit material for publication, promotion or use by us, you grant us permission to use, reproduce, edit, publish and distribute that material for reasonable business and promotional purposes unless otherwise agreed.
We may monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise inappropriate.
You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity or other proprietary rights.
You must not submit unlawful, abusive, malicious or misleading content or transmit computer viruses or malware.
You are responsible for the accuracy and lawfulness of content you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information where appropriate.
If an error materially affects an order you have already placed, we will deal with the matter in accordance with applicable law and any consumer rights that apply.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms, you must not use the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate applicable laws or regulations;
- to infringe our intellectual property rights or those of another person;
- to harass, abuse, threaten, defame or unlawfully discriminate against another person;
- to submit false or misleading information;
- to upload or transmit viruses, malware or other malicious code;
- to unlawfully collect or track personal information;
- to spam, phish, scrape, spider or otherwise misuse the Service;
- for an obscene or unlawful purpose; or
- to interfere with or circumvent security features of the Service or any related website.
We reserve the right to terminate or restrict use of the Service where these Terms are violated.
SECTION 13 - WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that use of the Service will always be uninterrupted, timely or error-free.
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.
Where liability can lawfully be limited, our liability will be limited to the extent permitted by applicable law.
To the maximum extent permitted by law, The iSharpen Shop and its owners, employees, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential losses arising solely from your use of the Service.
SECTION 14 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless The iSharpen Shop and its owners, employees, affiliates, contractors and service providers from claims or demands arising from your unlawful use of the Service, your breach of these Terms or your infringement of another person's rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the unenforceable portion will be treated as severed from these Terms.
The validity and enforceability of the remaining provisions will not be affected.
SECTION 16 - TERMINATION
These Terms remain effective unless terminated by you or us.
You may stop using our Services at any time.
We may terminate or restrict your access to the Service where we reasonably believe you have breached these Terms or used the Service unlawfully.
Any obligations or liabilities incurred before termination will survive termination where applicable.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us in relation to the Service, constitute the agreement between you and us regarding your use of the Service.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by the laws applicable in South Australia, Australia, together with applicable Commonwealth laws of Australia.
SECTION 19 - CHANGES TO THESE TERMS
You can review the current version of these Terms of Service on this page at any time.
We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.
Your continued use of the website or Services after changes are posted constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
The iSharpen Shop
Attn: Baz
9 Norman Street
Findon SA 5023
Australia
Email: baz@isharpenshop.com
Phone: +61 (0)400 300 001
