Terms of service
This Site is operated by Think Padel Pty Ltd (“TP”), which offers this Site and the Services to you, strictly on the condition that by accessing the Site you agree to all TP’s Terms of Service.
By visiting TP’s Site and /or accessing the Services you agree to be bound by TP’s Terms of Service and you must read these Terms and Conditions carefully before using any Services.
If you do not agree to all our Terms of Service, then you must immediately cease any access to the Site or use of any Services.
TP reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Site.
It is your responsibility to check the Terms of Service periodically for any changes. Your continued use of or access to the Services following the posting of any changes constitutes an unconditional acceptance of those changes.
TP’s online store is hosted on Shopify Inc.
Shopify provides TP with the online e-commerce platform that allows TP to sell its Online Products to you.
Shopify has its own Shopify Privacy Policy and all access to the Shopify platform is based on your acceptance of the Shopify Privacy Policy and TP’s Privacy Policy.
In the event of any inconsistency between the two policies, then terms of the Shopify Privacy Policy will prevail as regards users whose Relevant Law is American Law. In all other cases TP’s Privacy Policy will apply.SECTION 1 - ONLINE STORE TERMS
By accessing the Site and or using the Services, you expressly acknowledge that the Terms of Service apply to your access and that:
- You have Legal Capacity to use our Site.
- You will not use TP products for any illegal or unauthorized purpose nor will you, when using any Service violate any Relevant Law, including, but not limited to copyright laws.
- You will not transmit any Destructive Code.
- You will not to reproduce, duplicate, copy, sell, resell or exploit any portion of TP’s Services, without TP’s express written permission.
- You must promptly update your account and other information, including your email address and credit card numbers and expiration dates.
- You will not make or post any Comments that violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
- You will not make any Comments that contain defamatory or otherwise unlawful, abusive or obscene material.
- You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead TP or third-parties as to the origin of any Comments.
- Your submission of personal information for the Site is governed by the Privacy Policies,
- that any breach the Terms of Service will result in an immediate termination of your access to our Site.
SECTION 2 - GENERAL CONDITIONS
TP reserves the right to refuse access to our Site to anyone for any reason at any time.
Subject to the Privacy Policies, you understand that any of your content, except for credit card information, may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information will always be encrypted during transfer over networks.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
TP has no responsibility if information on our Site is not accurate, complete or current, such information is provided for general information only and should not be relied upon or used for making any decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Site is entirely at your own risk.
TP reserves the right to modify the contents of this Site at any time.
SECTION 4 - ONLINE PRODUCTS
TP may from time to time offer Online Products through the Site.
Online Products may have limited quantities and are subject to return or exchange only according to TP’s Refund Policy.
TP takes great care to ensure the colors and images of its Online Products is as displayed are as accurate as possible but cannot guarantee that your computer monitor's display of any colour will be accurate.
TP reserves the right to limit the quantities of any Online Products that it offers.
The descriptions of Online Products and all pricing are subject to change at anytime without notice, at TP”s sole discretion of us.
TP does not warrant the quality of any Online Products, but will enable customers to facilitate warranty returns.
Modifications To Online Products And Prices
Prices for TP’s Online Products are subject to change without notice.
TP reserves the right at any time to modify or discontinue any Online Product without notice at any time.
TP shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Online Product.
Cancellation, Accuracy Of Billing And Account Information
TP reserves the right to refuse any order you place with TP.
TP may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order.
In the event TP makes a change to or cancels an order, TP will notify you by contacting the e‑mail address you provided at the time when you placed the order.
You acknowledge that TP has no liability to you if you have failed to provide current, complete and accurate purchase and account information when placing any order for On-line Products.
SECTION 5 - THIRD-PARTY TOOLS
TP may, from time to time, make provision for you to access to Third-Party Tools.
TP is not affiliated with any such Third Party Tools and does not monitor nor have any control nor input in respect of such Third Party Tools and all access is provided entirely at your sole risk without any warranties or representations of any kind and without any endorsement.
You must ensure that you are familiar with and approve of the terms on which access and tools are provided by the relevant third-party provider(s).
All complaints, claims, concerns, or questions regarding Third Party Tools should be directed to the third-party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that TP may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you have sent or provided to TP and that TP is under no obligation to maintain any Comment in confidence, pay compensation for any Comment; or respond to any Comment.
TP may at any time, without providing any reason, edit or remove any Comment.
You are solely responsible for your Comments and their accuracy.
TP takes no responsibility and assumes no liability for any of your Comments.
SECTION 7 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://thinkpadel.myshopify.com/pages/privacy-policy
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
TP reserves the right at any time without prior notice (including after you have submitted an order) to correct any Errors and to change or update information or cancel orders if any information in the Site is inaccurate.
No specified update or refresh date applied in the Site, should be taken to indicate that all information in the Site has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to general prohibitions as set forth in these Terms of Service, you expressly agree you will not and are prohibited from using the Site:
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any other user or third based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Site or other websites or the Internet.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TP cannot guarantee that your use of the Site will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
In no circumstances, to the extent that is not prohibited by any Applicable Law, shall TP be liable for any injury, loss, claim, or any 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, arising from your use of any of the Services or any Online Products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
SECTION 11 - INDEMNIFICATION
You agree to indemnify and hold harmless TP from any claim or demand, including all legal fees, made by any third-party due to or arising out of your breach of the Terms of Service or your violation of any law or the rights of a third-party.
SECTION 12 - TERMINATION
The Terms of Service are effective unless and until terminated by you at any time by upon you advising TP you have ceasing using the Site.
TP may terminate this agreement at any time without notice if TP considers you have failed to comply with any of the Terms of Service.
Any obligations or liability you may have incurred prior to the termination date shall survive the termination of this agreement for all purposes and you will remain liable for all such amounts.
SECTION 13 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14 - MISCELLANEOUS
The failure of TP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitute the entire agreement and understanding between you and TP and governs your use of the Services.
In the event that any provision in the Terms of Service is determined to be unlawful, void or unenforceable, the remaining provisions shall nonetheless be enforceable to the fullest extent permitted by the Applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Questions about the Terms of Service should be sent to TP at info@thinkpadel.com.au.
Our contact information is posted below:
THIN PADEL PTY LTD, PO BOX 6018, UNSW Sydney, NSW 1466, Australia.
ABN 29 660 851 383.
SECTION 15 - DEFINITIONS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
The following terms shall have the meaning ascribed to them as far as the context shall permit:
Applicable law” means the relevant laws in your country of residence as applicable to the issue at hand.
“Comments” means any information you may provide to TP and includes creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise.
“Destructive Code” means any form of malicious or invasive code, including worms, viruses or any code of a destructive nature, which may or does contain any computer virus or other malware that can in any way affect the operation of the Site and/or the Internet.
“Errors” means any typographical error, inaccuracy or omission that may relate to the description, pricing, promotion, offer, shipping charges, delivery time and availability of an Online Product.
“Legal Capacity” means you have legal capacity being:
(a) you are past the age of majority pursuant to the relevant laws in your country of residence, or
(b) if you are a minor pursuant to the relevant laws in your country of residence you have the written consent of your guardian allowing you to use our Site, and
(c) you are under no other legal disability pursuant to the relevant laws in your country of residence to use our Site.
“Services” means
“Online Products” means all goods, products and services offered for-line by TP from time to time, whether for valuable consideration or free.
“Privacy Policy” means the policy adopted from time to time by TP in respect of your and other users privacy when accessing the Services. This policy can be viewed at https://thinkpadel.myshopify.com/pages/privacy-policy.
“Privacy Policies” means the Shopify Privacy Policy and our Privacy Policy.
“Refund Policy” means the policy adopted from time to time by TP in respect of refunds for Online Products. This policy can be viewed at https://thinkpadel.myshopify.com/pages/refund-policy.
“Services: means all services offered by TP whether online or otherwise and includes access to the Site. includes all related sites.
“TP” means Think Padel Pty Ltd A.C.N. 660 851 383 and where the context permits shall include its directors, officers, employees, subsidiaries, affiliates, parent company, agents, contractors, interns, suppliers, Service providers or licensors.
“Terms and Conditions” means these terms and conditions as may be added to, varied and/or deleted from time to time.
“Terms of Service” means these Terms and Conditions and all other related or relevant policies and notices applicable to your access to the Services and your use of the Services, as may be added to, varied and/or deleted from time to time.
“Third-Party Tools” means all third-party links made available to you through the Site and includes any tools (whether or not optional) associated with any third party link.