Terms of Service
This website is owned and operated by Twinspirations. Throughout the site, the terms “we”, “us” and “our” refer to Twinspirations. Twinspirations offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms apply to all users of the site, including all users without limitation who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or purchasing from our website. These terms set forth the terms and conditions in which you may use our website and services as operated by us. By visiting our site and/or purchasing from us, you engage in our "Service" and therefore agree to be bound by the terms and conditions ("Terms", "Terms of Service"), and policies, as follows. By accessing or using any part of this website of our service, you approve that you have read, understood, and agree to be bound by these terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, purchase or use any services.
In order to use our website, you must be the legal age of majority in your state or province of residence, and possess the legal authority, right and freedom to enter into these terms as a binding agreement. You are not allowed to use this website and/ or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Any new tools or features which are added to the store shall also be subject to these Terms of Service. You can review the most current Terms on this page, at any time. We reserve the right to change, update, or replace any of the Terms by posting updates and/ or changes to our website. It is your responsibility to check this page for any changes. Your continued access or use of this website following the posting of any changed made to the Terms constitutes acceptance of those changes.
SECTION 1- ONLINE STORE
You may not use our products for any illegal or unauthorized purpose. You may not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not use any code of a destructive nature, nor transmit any worms or viruses.
Any breech or violation of the terms will result in an immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
When buying an item, you agree that you are responsible for reading the full item listing before making a commitment to buy it. Additionally, you enter into a legally binding contract to purchase an item when you commit to buy item and complete the checkout payment process.
We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may have inadvertently occurred.
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (not including credit card information), may be transferred and unencrypted. And may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree to not reproduce duplicate, copy, sell, exploit, or resell any portion of the Service, use of the Service, or access to the Service, or any contract on the website through which the Service is provided, without written permission from us.
SECTION 3 - INFORMATION
We are not responsible if information available on this site is not current, complete, or accurate. The material provided is for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more complete and more accurate information. Any reliance on the material on this site is at your own risk.
We reserve the right to change and modify the contents on this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes made to our site.
SECTION 4 - MODIFICATIONS TO PRICES AND SERVICE
Our product prices are subject to change without notice.
We reserve the right to modify or discontinue any part of the Service at any time. We shall not be liable to you or to any third party, for any modification, price change, discontinuation or suspension of the Service.
SECTION 5 - PRODUCTS
Some of our products may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colours and images of our products that appear in our store as accurately as possible. We cannot guarantee that your computer monitor's display will be accurate of any colour.
We may without prior notice, stop providing the service, change the service, stop providing any features within the services, or create limits for the services. We may temporarily or permanently terminate or suspend access to the services without notification and without liability, at any time, for any reason, or for no reason.
All descriptions of products and pricing of products are subject to change at any time, without notice. Any offer for any product made on our site is void where prohibited.
We do not warrant that the product quality, services, information, or any other material purchased or obtained by you to meet your expectations, or that any errors will be corrected.
SECTION 6- BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person or per household or per order, in our sole discretion. These restrictions may include orders placed with the same credit card, under the same customer account, by the same customer, and/or orders with the same shipping and/ or billing address. In the event that we change or cancel an order, we may attempt to contact you via the email you provide and/ or the billing address and/ or phone number you provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by resellers, dealers, or distributers.
You agree to provide current, accurate and complete purchase, account, billing, and postage information for all purchases made at our store. You agree to promptly update your information, including your email address, credit card numbers and expiry numbers, so we can complete your transactions and contact you as we need.
SECTION 7 - OPTIONAL TOOLS & THIRD PARTY
We may provide you with access to third-party tools over which we have no control over, no input on, and do not monitor. You acknowledge and agree that the access to such tools are on a "as is" and "as available" basis. Without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use from optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and your discretion. You should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
Certain products, content, and services via our Service may include materials from third-parties. Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content and its accuracy and we do not warrant and will not have any liability or responsibility for third-party sites or materials shared by third-party sites. We are not liable for any harm, damages or problems related to any purchases or use of goods, services, resources, content, or other transactions made through third-party sites. Please review and understand the third-party's policies and procedures before engaging in any transaction. Any complaints, claims, concerns, queries regarding third-party products should be directed to them only.
SECTION 8 - INTELLECTUAL PROPERTY
The Service and all materials therein, including, but without limitation to, images, text, graphics, logos, patents, service marks, trademarks, photographs, audio, visual, videos, music, and all intellectual property rights related thereto, are the exclusive property of Twinspirations. Except as explicitly expressed. Nothing in these Terms shall be deemed to create a licence in or under any such Intellectual Property Rights. You agree not to sell, copy, licence, rent, distribute, modify, copy, reproduce, transmit, publicly perform, publicly display, publish, edit, adapt, or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to, designs, videos, audio files, animations, images, fonts, illustrations, logos, compositions, artworks, texts, and literacy works) through any means to the website, to us by email, or via our social media platforms (including, but not limited to, Facebook, Instagram), you confirm that you own all the relevant rights or received the appropriate licence to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website or on our social media platforms (including, but not limited to, Facebook, Instagram).
SECTION 9 - FEEDBACK, COMMENTS, OTHER SUBMISSIONS
If, at our request, you send certain submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, plans, proposals, or other materials, whether be online, by email, postal mail, or on our social accounts, or otherwise (collectively, 'comments') you agree that we may, at any time, without restriction, copy, edit, publish, distribute, translate and use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, and to pay any compensation for any comments, and respond to any comments.
We may, but have no obligation to, monitor, remove or edit content that we determine in our discretion to be unlawful, threatening, abusive, libelous, pornographic, defamatory, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party, including trademark, copyright, personality, privacy, or other personal or proprietary rights. You also agree that your comments will not contain libelous or unlawful, abusive, or obscene material, or contain any computer virus or malware that could in any way effect the operation of the Service or any related website, or third-party website.
You agree to not use a false email address, to not pretend to be someone other than yourself, or to mislead in any way, us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility, and we assume no liability for any comments you make, and/ or that are posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of any personal information is governed by our privacy policy.
SECTION 11 - ERRORS, INACCURACIES, OMISSIONS
Occasionally information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, promotions, pricing, product shipping charges, transit times, promotions, and/ or availability. We reserve the right to correct any errors, inaccuracies, and omissions. As well as, to change or update any information in the Service or to any related website, at any time and without any notice (including after you have submitted your order). WE undertake no obligation to amend, update, or clarify information in the Service or third-party website, including without limitation, pricing information, except as required by law.
SECTION 12 - PROHIBITED USE
In addition to any other prohibitions as set forth in the Terms of Service, you are prohibited to use this site or its content for any unlawful purpose, to solicit others, to perform or participate in any unlawful acts, to violate any international, federal, provincial, or state regulations, rules, laws, or ordinances, to infringe upon or violate the intellectual property rights of others. EG. To harass, abuse, insult, harm, slander, defame, intimidate, or discriminate based on gender, sexual orientation, ethnicity, religion, age, race, disability, nationality. Or to submit false or misleading information, to upload or transmit viruses or other malicious code that will affect the functionality or operation of the Service or any other related website, or the internet. Or to collect or track the personal information of others. E.g. to spam, phish, harass, pretext, crawl, scrape, spider, for any obscene or immoral purpose. We reserve the right to temporarily or permanently terminate or suspend your access of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, warrant, or represent that your use of our service will be timely, secure, uninterrupted, or error free.
You agree that occasionally we may without any notice, remove the service for indefinite periods of time, and at any time.
You expressly agree that your use of or inability to use, the service is at your own risk.
In no case shall Twinspirations be liable for any personal injury or property damages, of any nature, whatsoever, resulting from your access to or use of our service. And/ or liable for claim, loss, or any direct or indirect, incidental, special, punitive, exemplary, or consequential damages including, lost profits, lost savings, lost revenue, loss of data, errors, mistakes, inaccuracy of content, replacement costs, any other similar damages, whether bases in contract, tort, strict liability, or otherwise, arising from your use of any of the Service. Because in some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
For any valid warranty claim, purchased by us, and accepted by us, we will either repair the relevant defect, or replace the product. If we are unable to repair or replace the item within 14 business days from when product is received by us, the customer will be entitled to a full refund upon the prompt return of the product to us. The customer will pay for the return shipment of the product to us, and we will pay for the shipment of the returned or repaired product back to the customer.
SECTION 14- INDEMNIFICATION
You agree to indemnify, defend, and hold Twinspirations harmless from any demands, loss, liability, claims, or expenses (including attorney's fees). As well as our parent, subsidiaries, affiliates, officers, partners, agents, directors, licensors, service providers, subcontractors, interns, employees, and suppliers, harmless from any claim or demand. Including reasonable attorney fees made by third party due to arising out of, or in connection with your breech of these terms of service or the documents they incorporate by reference, or your violation of any law, or the rights of a third-party.
SECTION 15 - SEVERANILITY
In the event that any provision of these Terms of Service is determined to be unlawful, unforeseeable, or void, such provincial shall nonetheless be enforceable to the fullest extent permitted by applicable law.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service remain effective unless terminated by you or us. You may Terminate these Terms of Service by notifying us at any time that you no longer wish to use our Services, or when you cease using our site.
If in our judgement, you fail to comply with any Term or provision of these Terms of Service, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 17 - AGREEMENT
The failure of us to enforce or exercise any provision of these Terms of Service does not constitute a waiver of said provision. The Service constitutes the entire agreement and understanding between you and us and govern your use of our Services. This superseding any prior agreements, proposals and communications, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed and construed by the laws of Australia.
SECTION 19- CHANGES TO TERMS OF SERVICE
Your continued use of our Service or access to our website following the posting of any new Terms constitutes your agreement to the current Terms of Service and your acceptance of those changes.
SECTION 20 - CONTACT
You agree to receive from time to time, promotional messages and materials from us, by mail, email, or by other contact form you may provide us with (including your phone number for calls and text messages). If you do not want to receive such promotional notices or materials - please notify us at any time.
Any questions about the Terms of Service should be directed to:
ABN: 32 405 195 972
