Terms of service
Good call — cleaner that way, and Shopify's footer will link those pages automatically anyway. Here's the final version, contact details filled in, VAT line removed (not applicable in Australia), governing law made explicit to Victoria, and the Australian Consumer Law clause added where I flagged it earlier:
OVERVIEW
Welcome to Timber Hub! The terms "we", "us" and "our" refer to Timber Hub. Timber Hub operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Timber Hub is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration. Natural variation in timber grain, colour, and finish should be expected and is not considered a defect.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Timber Hub reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Timber Hub confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Timber Hub may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal, household, or trade use and not for unauthorised commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices are in Australian Dollars and include GST where applicable, but do not include shipping, handling, or delivery charges.
Prices posted in our online stores may be different from prices offered directly to trade customers or through other channels. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your bank or card provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery of your order is governed by our Shipping Policy. We are not liable for shipping and delivery delays caused by freight carriers, weather, or circumstances outside our control. All delivery times are estimates only and are not guaranteed. Once we transfer products to the freight carrier, risk of loss or damage in transit passes to you, without limiting any rights you may have under the Australian Consumer Law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Timber Hub, its affiliates or licensors and are protected by Australian and international copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal or business procurement use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Timber Hub, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Timber Hub.
Timber Hub's names, logos, product and service names, designs, and slogans are trademarks of Timber Hub or its affiliates or licensors. You must not use such trademarks without the prior written permission of Timber Hub. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS AND AUTOMATED ASSISTANT
You may be provided with access to tools offered by third parties as part of the Services, including our automated chat assistant and instant quote calculator, which we neither monitor in real time nor guarantee the accuracy of. Our automated assistant is not a substitute for advice from a member of our team and is intended to help with general enquiries, pricing estimates, and booking; for anything requiring precise measurement or a firm quote, our team will follow up directly.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. Any use by you of the optional tools offered through the Services is entirely at your own discretion.
We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Timber Hub is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Timber Hub. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Timber Hub, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Timber Hub.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify and supported by GoHighLevel, both platforms collect and process personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with these providers, and third parties that may be located in countries other than Australia, in order to provide services to you.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services to: (a) engage in any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any of our employees or any other person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any other person or entity; or (h) engage in conduct that restricts or inhibits anyone's use of the Services, or which may harm Timber Hub, Shopify, GoHighLevel, or other users.
You further agree not to: upload viruses or malicious code; scrape, extract, or exploit any portion of the Services; collect or track the personal information of others; or use bots, scrapers, or automated tools to access the Services without our permission. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated any part of these Terms.
SECTION 14 - AUTOMATED AGENTS
This section applies if you use, allow, enable, or cause the deployment of an automated agent (software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity) to access, use, or interact with the Services.
No such agent may access, use, or interact with the Services unless it clearly identifies itself as automated and does not attempt to mimic human behaviour, circumvent bot-detection measures, or misrepresent that its interactions are from a human. We may limit, restrict, or block automated access to the Services at our discretion.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.
Except as expressly stated by Timber Hub, and without limiting any consumer guarantee that cannot be lawfully excluded, the Services and all products offered through the Services are provided "as is" and "as available," without warranties or conditions of any kind, either express or implied, to the maximum extent permitted by law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Timber Hub, our partners, directors, officers, employees, affiliates, agents, contractors, and service providers, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or any products procured through the Services, including lost profits, lost revenue, or loss of data, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law, or any other applicable law, that cannot lawfully be excluded, restricted, or modified. Where permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to the repair or replacement of the goods, or the cost of having the goods repaired or replaced.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Timber Hub, Shopify, GoHighLevel, and our respective affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies referenced herein constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms without notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia. You and Timber Hub consent to the exclusive jurisdiction of the courts of Victoria.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. Your continued use of the Services following any such changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at admin@timberhub.com.au.
Timber Hub
admin@timberhub.com.au
19 Healey Road, Dandenong South VIC 3175
0406 281 281
ABN: 58 689 354 247