Terms of service

1. OVERVIEW

Tecmojo (“Tecmojo”, “we”, “us” or “our”) operates the website tecmojo.com.au and its related online store, content, features, tools, products and services (collectively, the “Services”).

These Terms of Service (“Terms”) apply when you access or use the Services or purchase products from us.

By accessing the Services, creating an account or placing an order, you agree to be bound by these Terms and our Privacy Policy, available at:

https://tecmojo.com.au/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and any applicable state or territory legislation.

2. ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to use the Services or place an order.

When using the Services, you agree to provide information that is accurate, current and complete.

You are responsible for:

  • maintaining the confidentiality of your account credentials;

  • restricting access to your account and devices;

  • ensuring that the information associated with your account remains accurate; and

  • promptly notifying us if you believe your account has been accessed or used without authorisation.

You are responsible for activity conducted through your account, except to the extent that the activity results from our act, omission, security failure or another matter for which liability cannot lawfully be excluded.

You must not sell, transfer, assign or license your account to another person without our prior written consent.

3. PRODUCTS AND PRODUCT INFORMATION

We take reasonable care to ensure that product descriptions, specifications, images, availability and prices displayed through the Services are accurate.

However, product colours and appearance may vary slightly depending on:

  • your screen or device settings;

  • lighting conditions;

  • image processing;

  • manufacturing tolerances; and

  • minor product updates.

Measurements and dimensions are approximate unless expressly stated otherwise.

We may update product descriptions, specifications or availability from time to time. Changes will not apply to an order that has already been accepted unless:

  • you agree to the change;

  • the change does not materially affect the product; or

  • the change is required by law.

We reserve the right to discontinue products or apply reasonable quantity limits. Any such limits will be applied in accordance with applicable law.

4. ORDERS AND ORDER ACCEPTANCE

When you submit an order, you are making an offer to purchase the selected products on these Terms.

An acknowledgement that we have received your order does not necessarily mean that the order has been accepted.

Your order is accepted when we:

  • send you an order confirmation stating that the order has been accepted; or

  • dispatch the products,

whichever occurs first.

Before dispatch, we may decline or cancel an order where reasonably necessary, including where:

  • a product is unavailable;

  • there is an obvious pricing or product description error;

  • payment has not been authorised;

  • we reasonably suspect fraud, misuse or unauthorised activity;

  • we cannot deliver to the address provided;

  • the order exceeds an applicable purchase limit; or

  • accepting the order would breach applicable law.

If we decline or cancel an order after receiving payment, we will notify you and refund the amount paid for the affected product.

Requests to change or cancel an accepted order are subject to:

  • the status of the order;

  • our Refund Policy;

  • any reasonable costs already incurred; and

  • your rights under the Australian Consumer Law.

Please review your order carefully before submitting it.

5. PRICES, GST AND PAYMENT

Unless clearly stated otherwise:

  • all prices displayed on the Australian store are in Australian dollars (AUD);

  • displayed prices include GST where GST applies; and

  • delivery charges and any optional fees will be shown before you confirm your order.

For deliveries outside Australia, you may be responsible for customs duties, import taxes, clearance fees or other charges imposed by the destination country, unless we expressly state that those charges are included.

Prices, discounts and promotions may change before an order is accepted.

The price applying to an accepted order will not change, except where there is an obvious pricing error.

If an obvious pricing error affects your order, we will contact you and offer you the choice to:

  • confirm the order at the correct price; or

  • cancel the affected product and receive a full refund.

You agree to provide current, complete and accurate payment and billing information.

You confirm that you are authorised to use the selected payment method.

Payment is subject to approval by your bank, card issuer or payment provider.

Any payment surcharge will not exceed the amount permitted by applicable law.

6. AUSTRALIAN CONSUMER GUARANTEES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Depending on the circumstances, consumer guarantees may include guarantees that goods:

  • are of acceptable quality;

  • are fit for any disclosed purpose;

  • match their description;

  • match any sample or demonstration model;

  • satisfy any express warranty; and

  • come with clear title and undisturbed possession.

These rights apply automatically and are separate from any manufacturer warranty, voluntary warranty or change-of-mind return policy.

Nothing in these Terms limits your rights under the Australian Consumer Law.

7. RETURNS, REFUNDS AND WARRANTIES

Our Refund Policy is available at:

https://tecmojo.com.au/pages/return-refund-policy

The Refund Policy forms part of these Terms.

Our Refund Policy applies in addition to, and does not limit, your rights under the Australian Consumer Law.

Any conditions or time limits applying to change-of-mind returns do not restrict your rights where a product fails to meet a consumer guarantee.

We may ask you to provide reasonable proof of purchase when processing a request for:

  • a return;

  • a repair;

  • a replacement;

  • a refund; or

  • another remedy.

Where appropriate, we may also ask you to provide photographs, videos or other reasonable information to help us assess the issue.

Any manufacturer or voluntary warranty is provided in addition to your statutory rights and does not replace or restrict those rights.

8. SHIPPING AND DELIVERY

Delivery dates and times are estimates unless we expressly agree to a guaranteed delivery date.

We will take reasonable steps to dispatch and deliver orders within the timeframe stated at checkout or in your order confirmation.

Delivery times may be affected by circumstances including:

  • carrier delays;

  • severe weather;

  • natural disasters;

  • customs processing;

  • industrial action;

  • public holidays;

  • remote delivery locations;

  • incorrect delivery information; or

  • events outside our reasonable control.

Where reasonably practicable, we will notify you of material delays.

If we cannot supply an order within an agreed period, or within a reasonable period where no delivery time was agreed, you may be entitled to a remedy under applicable law.

This may include the right to cancel the affected order and receive a refund.

You must provide a complete and accurate delivery address.

If an order cannot be delivered because the information you provided is incorrect or incomplete, we may charge reasonable redelivery or recovery costs where permitted by law.

9. TITLE AND RISK

Title to the products passes to you once we receive full payment for the order.

Risk of loss or damage passes to you when the products are delivered:

  • to you;

  • to a person authorised by you to receive them; or

  • in accordance with delivery instructions provided or approved by you.

If you authorise a parcel to be left in a safe place or delivered without a signature, the parcel will generally be treated as delivered when it is left in accordance with your instructions.

This does not apply to the extent that loss or damage was caused by:

  • our breach of these Terms;

  • the carrier’s failure to follow the delivery instructions;

  • negligence;

  • misconduct; or

  • another matter for which liability cannot lawfully be excluded.

10. INTELLECTUAL PROPERTY

Unless otherwise stated, the Services and their content are owned by or licensed to us.

This content includes, without limitation:

  • trademarks;

  • business names;

  • logos;

  • product names;

  • text;

  • photographs;

  • graphics;

  • illustrations;

  • videos;

  • audio;

  • software;

  • product reviews;

  • page layouts;

  • designs; and

  • databases.

The Services and their content are protected by Australian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Services for lawful personal or internal business purposes.

Except where permitted by law, you must not, without our prior written permission:

  • reproduce;

  • copy;

  • distribute;

  • modify;

  • publish;

  • republish;

  • sell;

  • sublicense;

  • frame;

  • scrape;

  • publicly display;

  • commercially exploit; or

  • create derivative works from

any part of the Services or their content.

“Tecmojo” and its associated names, logos and branding are our trademarks or are used by us under licence.

Shopify and all other third-party trademarks belong to their respective owners.

11. ACCEPTABLE USE

You may use the Services only for lawful purposes.

You must not use the Services:

  • for an unlawful, fraudulent or malicious purpose;

  • to infringe another person’s intellectual property, privacy or other rights;

  • to transmit malware, viruses or harmful code;

  • to send spam, phishing messages or misleading information;

  • to interfere with the security or normal operation of the Services;

  • to gain unauthorised access to an account, system, server or data;

  • to harass, threaten, abuse, defame or harm another person;

  • to impersonate another person or entity;

  • to collect personal information without lawful authority;

  • to bypass security, access controls or usage restrictions;

  • to interfere with another person’s use of the Services; or

  • in any way that may expose us, Shopify or another person to legal liability.

You must not use automated tools in a way that:

  • places an unreasonable load on the Services;

  • bypasses technical access controls;

  • interferes with website functionality;

  • extracts protected content without permission; or

  • violates applicable law.

Reasonable use of search engines, accessibility tools and legitimate automated services is not prohibited solely because the service is automated.

We may suspend or restrict access where reasonably necessary to protect the Services, users or third parties.

12. OPTIONAL TOOLS

We may provide access to tools or services supplied by third parties.

We do not necessarily monitor, control or endorse those tools.

Your use of third-party tools may be subject to separate terms and privacy policies provided by the relevant third party.

To the extent permitted by law, we are not responsible for loss caused solely by a third-party tool or service that is outside our control.

This clause does not exclude liability arising from:

  • our own representations;

  • our own conduct;

  • our negligence; or

  • any obligation that cannot lawfully be excluded.

We may introduce new tools, features or resources through the Services from time to time. These will form part of the Services and may be subject to these Terms or additional terms disclosed to you.

13. THIRD-PARTY LINKS

The Services may contain links to websites, content or services operated by third parties.

A link does not necessarily mean that we endorse, approve or control the third-party website or its content.

Third-party websites are governed by their own:

  • terms and conditions;

  • privacy policies;

  • refund policies; and

  • security practices.

You should review those policies before using a third-party website or completing a transaction.

To the extent permitted by law, we are not responsible for third-party content, products, services or conduct that is outside our control.

Questions or complaints relating solely to a third-party product or service should be directed to the relevant third party.

14. RELATIONSHIP WITH SHOPIFY

Our online store is hosted by Shopify.

Shopify provides the ecommerce platform that enables us to offer products and Services to you.

The contract for the sale of products is between you and Tecmojo.

Shopify is not the seller of our products and is not responsible for fulfilling orders, providing product warranties or resolving product-related claims.

Shopify may collect and process personal information in connection with your access to and use of the Services.

For more information, please review:

  • our Privacy Policy; and

  • Shopify’s applicable privacy notices.

Nothing in this section excludes any responsibility that Shopify may have under applicable law in relation to services that Shopify provides directly.

15. PRIVACY

We collect, use, store and disclose personal information in accordance with our Privacy Policy:

https://tecmojo.com.au/policies/privacy-policy

By using the Services, you acknowledge that personal information may be processed by:

  • us;

  • Shopify;

  • payment providers;

  • delivery providers;

  • analytics providers;

  • marketing providers;

  • customer service providers; and

  • other service providers,

as described in our Privacy Policy.

Nothing in these Terms changes or limits your privacy rights under applicable law.

16. REVIEWS, FEEDBACK AND USER CONTENT

You may submit reviews, comments, photographs, videos, suggestions, ideas or other content through the Services or directly to us (“User Content”).

You retain ownership of your User Content.

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to:

  • host;

  • store;

  • reproduce;

  • adapt;

  • publish;

  • translate;

  • display; and

  • distribute

the User Content for the purposes of operating, improving and marketing the Services and our products.

This licence continues only for as long as reasonably necessary for those purposes, except where:

  • the content has already been incorporated into lawful marketing materials;

  • the content must be retained for legal or record-keeping purposes; or

  • continued use has otherwise been agreed with you.

You confirm that:

  • you own the User Content or have permission to submit it;

  • the User Content is accurate to the best of your knowledge;

  • you have disclosed any material incentive or compensation connected with a review;

  • the User Content does not infringe another person’s rights;

  • the User Content is not unlawful, misleading or defamatory; and

  • the User Content does not contain harmful code.

We may moderate, reject or remove User Content where reasonably necessary for:

  • legal compliance;

  • safety;

  • relevance;

  • platform integrity;

  • intellectual property protection; or

  • compliance with these Terms.

We will not remove, suppress or penalise a genuine review solely because it is negative.

17. ERRORS, INACCURACIES AND AVAILABILITY

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to:

  • product descriptions;

  • specifications;

  • pricing;

  • promotions;

  • availability;

  • shipping charges; or

  • delivery times.

We may correct errors and update information at any time.

If an error materially affects an order you have already placed, we will notify you and provide an appropriate option, which may include:

  • confirming the corrected order;

  • selecting an alternative product; or

  • cancelling the affected product for a full refund.

We do not guarantee that the website will always be uninterrupted, secure or error-free.

We may temporarily suspend access for maintenance, updates, security or operational reasons.

A temporary website interruption does not affect your rights relating to an accepted order.

18. SUSPENSION AND TERMINATION

We may suspend, restrict or terminate your access to the Services where we reasonably believe that:

  • you have materially breached these Terms;

  • you have engaged in fraud or unlawful conduct;

  • your activity presents a security risk;

  • your activity may harm another person;

  • you have misused the Services; or

  • suspension or termination is required by law.

Where reasonably practicable, we will give you notice and an opportunity to address the issue before terminating access.

We may take immediate action where reasonably necessary to prevent:

  • fraud;

  • harm;

  • a security incident;

  • unlawful conduct; or

  • disruption to the Services.

Termination does not affect:

  • rights that arose before termination;

  • accepted orders;

  • payment obligations already incurred;

  • your consumer rights; or

  • provisions that are intended to continue after termination.

19. WARRANTIES AND LIABILITY

Nothing in these Terms excludes, restricts or modifies:

  • the consumer guarantees under the Australian Consumer Law;

  • liability for fraud or fraudulent misrepresentation;

  • liability for wilful misconduct;

  • liability for death or personal injury caused by negligence; or

  • any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above and to the extent permitted by law:

  • we do not guarantee that the website will always be available or free from technical errors;

  • we are not liable for loss that was not reasonably foreseeable when the contract was formed;

  • we are not liable for loss caused by information or circumstances outside our reasonable control;

  • we are not liable to the extent that loss was caused by your unlawful conduct or misuse of a product; and

  • we are not liable to the extent that you failed to follow product instructions, warnings or safety requirements.

Nothing in this section limits any right you may have to recover reasonably foreseeable loss or damage resulting from a failure to comply with a consumer guarantee.

Product-specific instructions, warnings, installation requirements and compatibility information form part of the relevant product information.

You are responsible for using products only for their intended purpose and following all applicable safety instructions.

20. INDEMNITY

To the extent permitted by law, you indemnify us against third-party claims, losses and reasonable costs directly caused by:

  • your unlawful use of the Services;

  • your material breach of these Terms; or

  • User Content submitted by you that infringes another person’s rights.

This indemnity does not apply to the extent that a claim or loss was caused or contributed to by:

  • our breach of these Terms;

  • our negligence;

  • our wilful misconduct;

  • our misleading conduct; or

  • our failure to comply with applicable law.

We will take reasonable steps to notify you of a relevant third-party claim and will not unreasonably increase the costs associated with the claim.

21. EVENTS OUTSIDE OUR REASONABLE CONTROL

We are not responsible for delay or failure caused by events outside our reasonable control, including:

  • natural disasters;

  • severe weather;

  • fire;

  • flood;

  • epidemic or pandemic;

  • industrial action;

  • transport disruption;

  • government action;

  • customs delays;

  • utility failures;

  • telecommunications failures; or

  • major technology outages.

We will take reasonable steps to minimise the effect of the event and keep you informed where reasonably practicable.

This section does not remove your rights under the Australian Consumer Law, including any right to a refund where products cannot be supplied within the required or reasonable time.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to:

  • the Services;

  • our business practices;

  • technology;

  • payment or delivery arrangements; or

  • applicable law.

The current version will be published on this page with an updated “Last updated” date.

Changes will apply prospectively from the stated effective date.

Changes will not retrospectively alter an order that has already been accepted unless:

  • the change is required by law; or

  • you agree to the change.

Where required by law, we will provide reasonable notice of material changes.

Your continued use of the Services after the effective date means that the updated Terms apply to future use and future orders.

23. DISPUTE RESOLUTION

If you have a concern or dispute relating to the Services or an order, please contact us first so that we can attempt to resolve the matter promptly.

Please provide:

  • your name;

  • your order number, where applicable;

  • a description of the issue;

  • relevant supporting information; and

  • the outcome you are seeking.

We will review the matter and respond within a reasonable period.

Nothing in this section prevents you from:

  • exercising rights under the Australian Consumer Law;

  • contacting the Australian Competition and Consumer Commission;

  • contacting NSW Fair Trading or another applicable state or territory consumer protection agency;

  • lodging a payment dispute where legally available; or

  • bringing a claim before a court or tribunal with jurisdiction.

24. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.

You and we submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and the Commonwealth of Australia.

If you are a consumer, this section does not prevent you from:

  • relying on any mandatory law that applies to you; or

  • bringing a claim in another court or tribunal where you are legally entitled to do so.

25. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the provision will be:

  • read down to the minimum extent necessary; or

  • severed where it cannot be read down.

The remaining provisions will continue in full force and effect.

26. WAIVER

A failure or delay by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.

A waiver is effective only where it is expressly given in writing.

A waiver relating to one breach does not constitute a waiver relating to another breach.

27. ENTIRE AGREEMENT

These Terms, together with:

  • our Privacy Policy;

  • our Refund Policy;

  • any product-specific terms;

  • any promotion-specific terms; and

  • the information displayed at checkout,

form the agreement between you and us concerning your use of the Services and the relevant order.

If promotion-specific terms conflict with these Terms, the promotion-specific terms will apply only to the extent of the relevant promotion.

Nothing in this section excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

28. ASSIGNMENT

You may not assign or transfer your obligations under these Terms without our prior written consent, except where permitted by law.

We may assign or transfer our rights and obligations to:

  • a related entity;

  • a purchaser of our business; or

  • another entity as part of a business restructure,

provided that the transfer does not reduce your rights.

Where reasonably practicable, we will notify you of a material transfer that affects an existing order or ongoing service.

29. HEADINGS

Headings are included for convenience only.

They do not limit or affect the interpretation of these Terms.

30. CONTACT INFORMATION

Questions, complaints or notices relating to these Terms should be sent to:

Email: sales@tecmojo.com.au
Postal address: 35 Amax Ave, Girraween NSW 2145, Australia