Terms of service
OVERVIEW
Welcome to 11 0 2. The terms "we", "us" and "our" refer to 11 0 2. 11 0 2 operates this website and online store, including all related information, content, features, tools, products and services (the "Services").
The Services are powered by Shopify, which enables us to provide our online store and related functionality.
These Terms of Service ("Terms") govern your access to and use of the Services. By accessing, browsing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not use the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law ("ACL") or any other applicable law that cannot lawfully be excluded.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least 18 years of age or otherwise have the legal capacity to enter into a binding agreement under Australian law.
To use certain features of the Services, including making purchases, you may be required to provide information such as your name, email address, billing information, shipping information and payment details. You warrant that all information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You must notify us immediately of any unauthorised use of your account.
You must not transfer, sell, assign or otherwise permit another person to use your account without our prior written consent.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display our products and services accurately. However, colours and product appearance may vary depending on your device, monitor settings and screen resolution.
Product images are for illustrative purposes only. While we strive to ensure product descriptions, images and specifications are accurate, actual products may vary slightly.
All product descriptions, pricing and availability are subject to change without notice. We reserve the right to discontinue products at any time and to limit quantities available for purchase.
SECTION 3 – ORDERS
By placing an order through our website, you are making an offer to purchase products from us.
We reserve the right to accept or reject any order for any reason, including where products are unavailable, pricing errors occur, or fraudulent activity is suspected.
An order is not accepted until we issue confirmation that the order has been processed.
We may cancel or amend an order before dispatch if necessary. If this occurs, we will attempt to contact you using the details provided at checkout.
Returns, refunds and exchanges are governed by our Refund Policy and your rights under the Australian Consumer Law.
You warrant that purchases made through the Services are for lawful purposes.
SECTION 4 – PRICES AND BILLING
All prices displayed on the website are in Australian Dollars (AUD).
Prices include GST where applicable unless otherwise stated.
Shipping charges, customs duties, import taxes and other charges may apply and will be displayed where relevant before checkout.
We reserve the right to change prices, promotions and discounts at any time without notice.
You agree to provide current, complete and accurate payment and account information for all purchases.
By submitting payment information, you warrant that you are authorised to use the payment method provided and that sufficient funds are available to complete the transaction.
SECTION 5 – SHIPPING AND DELIVERY
Delivery timeframes are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs processing, weather events, strikes or other circumstances beyond our reasonable control.
Title to goods passes to you upon payment in full.
Risk in the goods passes to you when the goods are delivered to the delivery address provided in your order.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
All content available through the Services, including trademarks, logos, designs, text, graphics, photographs, videos, product images, artwork and website content, is owned by or licensed to 11 0 2 and is protected by Australian and international intellectual property laws.
You may access and use the Services for personal, non-commercial purposes only.
You must not reproduce, distribute, modify, publish, transmit, create derivative works from, or otherwise exploit any content without our prior written consent.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools, applications or services.
These tools are provided "as is" and "as available" without warranties or guarantees of any kind.
Your use of any third-party tools is entirely at your own risk and subject to the relevant third party's terms and conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or services.
We are not responsible for the content, accuracy, availability or practices of third-party websites.
Accessing third-party websites is entirely at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
11 0 2 uses Shopify to operate its online store.
Any purchase you make through this website is made directly with 11 0 2 and not Shopify.
Shopify is not responsible for products sold through our store or for any disputes arising between you and 11 0 2.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
By using the Services, you consent to the collection, use and disclosure of your information as described in our Privacy Policy.
Because our website is hosted by Shopify, some information may also be collected and processed by Shopify and its service providers.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, suggestions, ideas or other content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, publish and display that content for business purposes.
You warrant that any feedback submitted by you is lawful and does not infringe the rights of any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on the website may contain errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or other matters.
We reserve the right to correct any errors and to cancel or refuse orders affected by such errors.
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes.
You must not:
• breach any applicable Australian Commonwealth, State or Territory laws;
• infringe the rights of others;
• upload malicious code, viruses or harmful software;
• interfere with the operation or security of the Services;
• impersonate another person;
• engage in fraudulent conduct;
• use automated systems, bots, scrapers or similar technologies without our written consent;
• attempt to gain unauthorised access to our systems.
We reserve the right to suspend or terminate access where these Terms are breached.
SECTION 14 – AGENTS
If you use automated software, bots, AI systems or similar technologies to access the Services, those systems must clearly identify themselves and must not circumvent any security, authentication or access controls.
We reserve the right to restrict or block automated access at any time.
SECTION 15 – TERMINATION
We may suspend or terminate your access to the Services at any time if you breach these Terms or if we reasonably believe your conduct may cause harm to our business, customers or systems.
Termination does not affect rights or obligations that have accrued before termination.
SECTION 16 – AUSTRALIAN CONSUMER LAW AND WARRANTIES
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with goods, you are entitled to choose a refund or replacement and may be entitled to compensation for reasonably foreseeable loss or damage.
For goods that fail to be of acceptable quality but do not amount to a major failure, you are entitled to have the goods repaired or replaced.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
Subject to those rights, the Services are provided on an "as is" and "as available" basis and we do not guarantee uninterrupted, secure or error-free operation.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, and subject to any rights that cannot be excluded under the Australian Consumer Law, 11 0 2 is not liable for indirect, incidental, special or consequential loss, including loss of profits, loss of business opportunity or loss of data arising from use of the Services.
Where liability cannot be excluded, our liability is limited to the remedies permitted by law.
For goods, our liability may be limited to replacement, repair, payment of replacement costs or payment of repair costs.
For services, our liability may be limited to supplying the services again or paying the cost of having the services supplied again.
SECTION 18 – INDEMNITY
You agree to indemnify and hold harmless 11 0 2, its directors, officers, employees and contractors from any loss, liability, claim, damage or reasonable legal costs arising from:
(a) your breach of these Terms;
(b) your misuse of the Services; or
(c) your violation of any law or third-party rights.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund Policy and any other policies published on the website, constitute the entire agreement between you and us regarding the Services.
Any failure by us to enforce a provision of these Terms does not constitute a waiver of that provision.
SECTION 21 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our written consent.
We may transfer or assign our rights and obligations under these Terms without notice.
SECTION 22 – GOVERNING LAW
These Terms are governed by the laws of South Australia and the laws of the Commonwealth of Australia.
Any dispute arising from or relating to these Terms or the Services shall be subject to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.
SECTION 23 – HEADINGS
Headings are provided for convenience only and do not affect interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS
We may update these Terms from time to time.
Changes will be published on this page and will take effect immediately unless otherwise stated.
Your continued use of the Services after any changes are published constitutes acceptance of the revised Terms.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms may be directed to:
11 0 2
Email:
info@1102pickleball.com.au
ABN:
63 692 464 216