Terms and Conditions

1. Summary

1.1 – Prixado Pty Ltd is the company that runs this website. Prixado Pty Ltd is referred to as “we,” “us,” and “our” throughout the website. Prixado Pty Ltd grants you, the user, access to this website and all of its resources, including tools, information, and services, provided that you agree to all of the terms, conditions, policies, and notices posted here.

1.2 – You agree to be bound by the following terms and conditions (the “Terms of Service,” “Terms”), as well as any additional terms and conditions and policies that are linked hereand/or accessible by hyperlink, by using our website and/or making a purchase. All users of the site, including without limitation browser users, vendors, customers, merchants, and/or content producers, are subject to these Terms of Service.

1.3 – Before using our website or accessing it, please carefully read these Terms of Service. You accept these Terms of Service by using or accessing any element of the website. You may not use any of the services or visit the website if you disagree with all of the terms and conditions of this agreement. This acceptance is explicitly restricted to these Terms of Service, in the event that these Terms of Service are considered an offer.

1.4 – The Terms of Service will also apply to any newly added tools or features to the present store. The most recent version of the Terms of Service is always available for review on this page. By implementing updates and/or modifications to our website, we reserve the right to update, alter, or replace any element of these Terms of Service. It is your obligation to periodically review this page for updates. Acceptance of any modifications is indicated by your continued use of or access to the website after they are posted.

1.5 – WooCommerce serves as our store’s host. Our ability to offer our products and services for sale to you is enabled by the online e-commerce platform provided by WooCommerce. WooCommerce is a free and open-source WordPress e-commerce plugin made for small to medium-sized online retailers.

 

2. Use and Legal Capability

2.1 – You affirm that you are at least the appropriate age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and that you have granted us permission to let any of your minor dependents to access this site, by accepting these Terms of Service.

2.2 – Our products may not be used for any unauthorised or unlawful purposes. Additionally, you are forbidden to break any laws in your jurisdiction while using the Service, including copyright laws.

2.3 – It is unlawful for you to send any viruses, worms, or damaging codes.

Your Services shall be immediately terminated in the event of any breach or violation of the Terms.

 

3. Overall Terms

3.1 – We maintain the right, at any time and for any reason, to deny anyone service.

3.2 – You acknowledge that your content (except credit card information) may be sent across different networks in an unencrypted manner and that it may also undergo modifications to comply with the technical specifications of the devices or networks you are connected.

3.3 Every time credit card information is transferred across a network, it is encrypted.

3.4 – Without our prior written consent, you commit not to replicate, copy, sell, resell, or exploit any part of the service, use of the service, access to the service, or any contact on the website through which the service is given.

3.5 – The headers used in this agreement are merely included for convenience and have no bearing on the terms of this agreement.

 

4. Accuracy of Information

4.1 – We accept no responsibility if the information on this website is incorrect, incomplete, or out of date. This website’s content is offered for general information purposes only, and it shouldn’t be relied upon or utilised as the only basis for judgements without first contacting primary sources of information that are more reliable, complete, accurate, or timely. You bear all liability for relying on any content on this website.

4.2 – There may be historical material on this website. Information from the past is necessarily out of date and is given solely for your reference. We do not have to update any information on our site, but we do reserve the right to change any part of its contents at any moment. You acknowledge that it is your duty to keep an eye on any modifications made to our website.

 

5. Modifications and Pricing Policy

5.1 – Price Adjustments: We reserve the right to make unexpected modifications to the prices of our items. Although we make every effort to present the most accurate pricing information on our website, inaccuracies may occur. In the event that a pricing issue is discovered, we will either cancel the order and let you know about it, or get in touch with you to ask for instructions before shipping the product. Whether or not the transaction has been confirmed and your credit card has been charged, we have the right to reject or cancel any such orders.

5.2 – Service Changes: We maintain the right, at any time and without prior notice, to alter or terminate the Service (or any portion or content thereof). Modifications to our service could involve adding new features, removing existing ones, or temporarily turning off parts of it for upgrades or maintenance.

5.3 – Continuity of Service: Although we strive to provide a reliable and high-quality service, we cannot ensure that our products or any of their contents will always be accessible, error-free, or uninterrupted. For commercial and operational reasons, we have the right to discontinue, remove, or limit the availability of all or any portion of our products.

5.4 – Liability Limitation: If we alter, suspend, terminate, or otherwise stop providing the Service, we won’t be held accountable to you or any other person. This covers—without being limited to—any potential financial loss, business interruption, loss of opportunity, or loss of profit resulting from these activities.

5.5 – Users’ Responsibilities: You acknowledge that it is your duty to keep an eye on any modifications made to our website. You can make sure you are constantly informed of what information we collect, how we use it, and if we use or disclose it by regularly checking our Privacy Policy. In the event that a service modification or discontinuation significantly impacts your usage or user experience, your only recourse shall be to cease utilising the service.

 

6. Product Description and Availability

6.1 – Product Availability: There are some products or services that may be available solely online through the website. These products or services may be exclusive to the website. These goods and services may only be available in restricted quantities and returns and exchanges are permitted only in accordance with our Return Policy.

6.2 – Visual Accuracy: Although we have made every effort to show the colours and images of our products that appear at the shop as accurately as possible, we are unable to guarantee that the colours that are seen on your computer monitor will include no errors.

 

7. Distribution and Sales

7.1 – Sales Conditions: We may, but are not required to, restrict the sale of our goods or services to any individual, group of people, or jurisdiction. We reserve the right to use this authority if needed.

7.2 – Quantity Restrictions: We maintain the right to set a maximum amount for any goods or services that we provide. We also reserve the right to restrict or cancel the number of items that can be bought by an individual, a household, or an order. Orders made using the same credit card, the same customer account, or the same billing and/or delivery address may all be subject to these limitations.

Product pricing and descriptions are all subject to change at any time, without prior warning, and at our sole discretion.

7.3 – Offers and Product Discontinuation: We maintain the right to end any product at any moment. Any offer made on this website for any good or service is null and void where prohibited. 

7.4 – Quality Guarantee: We do not provide any assurance that the products, services, information, or other materials that you acquire or purchase will meet your anticipated standards of quality. In addition, we cannot promise that any problems that may occur in the Service will be rectified in any way as well.

 

8. Management of Orders

8.1 – Acceptance of Orders: We have the right to reject any order you submit to us.

8.2 – Order Modification or Cancellation: We may try to contact you via the email address, billing address, or phone number you provided at the time of the order if we make changes to your order or decide to cancel it. Orders that, in our sole discretion, seem to have been placed by dealers, resellers, or distributors may be subject to limitations or prohibitions.

8.3 – Accurate Information: By using our store, you consent to provide account and purchase information that is up to date, comprehensive, and accurate for each and every transaction. For the purpose of completing your transactions and getting in touch with you as required, you undertake to immediately update your account as well as any other information that may be associated with it. This includes your email address, credit card numbers, and expiration dates.

Additional Policies

Returns Policy: Please see our Returns Policy for further information on returning purchases.

 

9. External Resources

9.1 – You may be granted access to third-party tools that are not under our supervision, nor do we have any authority or input regarding them.

9.2 – Disclaimer Regarding Third-Party Tools: You understand and agree that we are providing access to these tools “as is” and “as available,” devoid of any type of endorsement and without any warranties, representations, or conditions of any kind. If you choose to utilise optional third-party tools, we won’t be held responsible in any way.

9.3 – Risk and Responsibility: You use any optional tools made available on the site at your own risk and discretion. You should also make sure that you understand and agree to the conditions set forth by the applicable third-party provider(s) before using any tools.

9.4 – Content Disclosure: Our Service may incorporate materials from third parties into the content, products, and services that are accessible to users.

9.5 – Links to Third Parties: This website may contain links to third-party websites that are not associated with us. We are not responsible for inspecting or analysing the content or accuracy of these sites, and we do not warrant and will not be liable or responsible for any third-party materials or websites, as well as any other third-party materials, products, or services.

9.6 Liability Disclaimer: We disclaim all liability for any harm or damages resulting from the acquisition or use of products, services, information, or other materials in connection with any third-party website. You assume all risk when transacting with third parties or relying on their goods and services.

9.7 – Transaction Precautions: Before proceeding with any transaction, please carefully research and understand the third-party’s policies and practices. Questions, claims, grievances, or complaints about products from third parties should be addressed to the third party.

 

10. Contributions and Comments from Users

10.1 – Submissions: You agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. This includes if you send us specific submissions at our request (such as contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials via email, postal mail, or any other method (collectively, “comments”).

10.2 – Content Revision and Removal: We reserve the right, but are under no duty, to review, edit, or remove any content that violates these Terms of Service or any party’s intellectual property or that we find to be illegal, obscene, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable.

10.3 – We are not and will not be under any duty to:

10.3.1 – Keep any comments confidential;

10.3.2 – Give credit for any remarks made; or

10.3.3 – Address any comments.

10.4 – By posting comments, you guarantee that they won’t infringe upon any third party’s intellectual property rights, such as copyright, trademarks, privacy, or other proprietary or personal rights.

10.5 – You also agree that your comments won’t contain any offensive, abusive, or libellous content, nor will they contain any computer viruses or other malware that might interfere with the proper functioning of the Service or any linked website.

10.6 – It is prohibited for you to pose as someone else, use a fictitious email address, or otherwise mislead us or outside parties about the origin of any remarks. The veracity and correctness of any comments you make are entirely your responsibility.

10.6 – Disclaimer of Liability: We do not endorse or accept liability for any remarks that you or any other third party may submit.

 

11. Statement of Privacy

11.1 – Handling Personal Information: Our Privacy Policy governs the submission of personal information by you through the store. We are dedicated to safeguarding your right to privacy and making sure that your personal data is handled appropriately.

11.1.1 – Access to Privacy Policy: Please click this link to view our Privacy Policy. This policy describes the types of data we gather, how we use it, and the precautions we take to secure your personal information.

 

12. Information Accuracy

12.1 – Error Correction: Occasionally, there might be information about product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability on our website or in the Service that is misspelt, incomplete, or omits information. At any time without prior notice, including after you have completed your order, we reserve the right to make any corrections to mistakes, inaccuracies, or omissions, to update or change information, or to cancel orders if any information in the Service or on any connected website is incorrect.

12.2 – Disclaimer Regarding Continuous Updates: Unless mandated by law, we make no commitment to update, modify, or clarify any information found in the Service or on any associated website, including without limitation, pricing information. The absence of a specified update or refresh date in the Service or on any associated website should be interpreted as indicating that all information in the Service or on any related website has been changed or updated.

12.3 – Communication of Changes: Although we make every effort to notify you and give timely updates about any changes, particularly those that have a major effect on your orders or our ability to supply services, we cannot be held responsible for any errors or omissions in this regard.

12.3 – Future Feature Offerings: We might also provide additional features and/or services via the website in the future (such as the introduction of newly developed tools and resources). These Terms of Service will also apply to such new features and/or services.

 

13. Prohibited Applications

13.1 – Further than what is explicitly stated in these Terms of Service, it is impermissible to utilise the website or its content as follows:

13.1.1 – Unlawful Behaviour:

1. a) To entice people to carry out or take part in any illegal activities.

13.1.2 – Violations of Regulations:

1. b) To disobey any international, national, provincial, or state laws, ordinances, rules, or regulations.

13.1.3 – Violation of intellectual property:

1. c) To breach our intellectual property rights or those of others by infringement or other means.

13.1.4 – Abusive Conduct:

1. d) To employ intimidation, harassment, abuse, insults, injury, defamation, slander, disparage, harassment, or discrimination on the basis of age, national origin, gender, sexual orientation, religion, ethnicity, race, or disability.

13.1.5 – False information:

1. e) To provide inaccurate or deceptive data.

13.1.6 – Malicious Behaviour:

1. f) Uploading or sending harmful code, viruses, or any other kind of code that could be utilised in any manner to interfere with the operation or functionality of the Service, any associated website, other websites, or the Internet.

13.1.7 – Violations of Privacy:

1. g) To gather or monitor other people’s personal data.

13.1.8 – Data mining and spam:

1. h) To scrape, spider, crawl, phish, pharm, pretext, or spam.

13.1.9 – Immoral or obscene Behaviour:

1. g) For any sort of vulgar or immoral intent.

13.1.10 – Interference with Security:

1. h) Interfering with or evading the Internet, other websites, or the security measures of the Service or any associated website.

13.1.11 – Implications of the Violation: Should you violate any of the prohibited uses, we retain the right to discontinue your use of the Service or any related website and may seek further legal action.

 

14. Service Conditions and Warranty Disclaimer

14.1 – Security and Continuity of Service: We make no representations or warranties on the continuity, timeliness, security, or error-free nature of your use of our service.

14.2 – Accuracy in Results: The accuracy and dependability of the results you get from using the service are not guaranteed by us.

14.3 – Availability of Services: You acknowledge that we may occasionally suspend the service for an indeterminate amount of time or terminate it at any moment, without providing you with prior notice.

 

15. Recognising Risk

15.1 – It is explicitly agreed upon by you that the use of the service, or incapacity to use it, is at your own risk. Without limitation to what we have expressly stated, the service and all goods and services that are provided to you through it are offered “as is” and “as available” for your use. This includes no implied or explicit warranties or conditions of any kind, including but not limited to merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

16. Limitation of Liability

16.1 – Scope of Liability: Prixado Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable in any manner for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise.

16.2 – Variations in Jurisdiction: Our liability shall be limited to the greatest extent permitted by law in states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is prohibited.

 

17. Compensation

17.1 – Duty to Provide Indemnity: By accepting these Terms of Service and the documents they incorporate by reference, you agree to indemnify, defend, and hold harmless Prixado Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees against any claim or demand, including reasonable attorneys’ fees, made by any third party.

 

18. Ability to Sever

18.1 – Implementation of Clauses: These Terms of Service shall be enforceable to the maximum extent permissible by applicable law in the event that any provision is found to be illegal, invalid, or unenforceable.

Severance of unenforceable parts:

18.2 – These Terms of Service will be regarded to have been severed from the unenforceable portion. Any remaining terms will remain legal and enforceable notwithstanding this decision.

 

19. Subsistence and Termination

19.1 – Termination by Anybody: Until either you or we terminate them, these Terms of Service are in effect. By informing us that you no longer want to use our services or stop visiting our website, you may end these Terms of Service at any time.

19.2 – Termination by Us: We reserve the right to terminate this agreement at any time and without notice if, in our sole discretion, you violate any term or provision of these Terms of Service, or we think that you have violated them. You may lose access to our Services (or any portion thereof) at any time, and you will be responsible for all fees owed up until the termination date.

19.3 – For all intents and purposes, these responsibilities and liabilities of the parties that were incurred prior to the termination date will continue to exist even after this agreement has been terminated. Included in this are any responsibilities that, by their very nature, ought to continue even after the termination of the agreement (for example, indemnity and liability limitations).

 

20. Waiver

20.1 – Non-Waiver of Rights: These Terms of Service do not constitute a waiver of any rights or provisions that we may have failed to execute or enforce.

20.1.1 – A written waiver that is signed by Prixado Pty Ltd is the sole way for any of these Terms of Service to be waived.

 

Complete Agreement

21. Governing Terms:

21.1 – The entire agreement and understanding between you and us is included in these Terms of Service and any policies or operating guidelines that we may post on this website or with regard to the Service. They control how you use the Service and take precedence over any earlier or coexistent oral or written agreements, communications, and proposals between you and us (including, but not limited to, earlier iterations of the Terms of Service).

22. Interpretation

22.1 – These Terms of Service shall not be interpreted against the party who drafted them, in the event of any ambiguities. This provision ensures that terms are interpreted in a manner that is equitable and does not put the party who drafted them at a disadvantage.

23. The Governing Law

23.1 Australian law shall govern and be construed in accordance with these Terms of Service and any separate agreements whereby we supply you Services. This covers any disagreements that might occur between Prixado Pty Ltd and you.

 

24. Jurisdiction:

24.1 – The Australian federal and state courts shall have exclusive jurisdiction over any litigation, claims, or disagreements arising out of or pertaining to these Terms of Service or the services offered.

 

25. Changes To The Terms Of Service

25.1 Current Terms of Service Availability: The most recent version of the Terms of Service is always available for review on this page.

25.2 – Right to Change the Terms: By publishing updates and modifications on our website, we reserve the right, at our sole discretion, to amend, modify, or replace any part of these Terms of Service.

25.3 – User Accountability: It is your duty to regularly check our website for updates. To be updated on any changes, we advise you to bookmark and frequently review the Terms of Service page.

25.4 – Acceptance of Modifications: qIf we post modifications to these Terms of Service, your continued use of our website or access to the Service after that time indicates your agreement to those changes. It is considered that you have read, comprehended, and approved of the updated terms in order for you to submit this acceptance.