Terms of service

OVERVIEW

Welcome to Turosse. The terms "we", "us" and "our" refer to Turosse. Turosse 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"). Turosse is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in these Terms (collectively, 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 contain important information about your legal rights and cover matters such as warranties, liability and your use of the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our 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 18 years of age or the age of majority in your state or territory of residence, whichever is applicable. If you are under the age of 18, you may only use the Services with the consent and supervision of a parent or legal guardian.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide to us is accurate, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You must not transfer, sell, assign or licence your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that our products and their descriptions are presented accurately on our online store. However, colours, images and product appearance may vary depending on your device, screen settings and configuration.

We do not guarantee that the appearance of products displayed on our online store will exactly match their physical appearance.

Product descriptions, ingredients, packaging and other product information may be updated from time to time. We reserve the right to discontinue products or limit the quantities of products available for purchase, subject to applicable law.

Nothing in these Terms excludes, restricts or modifies any rights or guarantees you may have under the Australian Consumer Law or other applicable laws.

SECTION 3 – ORDERS

When you place an order through our online store, you are making an offer to purchase the products in your order. Turosse reserves the right to accept or decline an order, subject to applicable law.

Your order is not accepted until Turosse confirms acceptance of your order. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests.

If we are unable to accept, modify or cancel an order, we will endeavour to notify you using the email address, billing address or telephone number provided when the order was placed.

Purchases are subject to our Refund and Returns Policy [LINK].

You represent and warrant that products purchased through our store are for personal or household use and are not being purchased for unauthorised commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change from time to time. The price charged for a product will generally be the price displayed at the time your order is placed and will be set out in your order confirmation email.

Unless otherwise stated, prices displayed on our website are in Australian dollars and may include applicable Australian taxes. Shipping charges and, where applicable, customs duties, import charges or other fees may be additional and will be displayed at checkout where possible.

Prices displayed on our online store may differ from prices offered by third-party retailers or other sellers.

We may offer promotions from time to time. Promotional offers may be subject to additional terms and conditions. If there is any inconsistency between the terms of a promotion and these Terms, the promotional terms will apply to the extent of that inconsistency.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account information, including your email address and payment details, so that we can process your transactions and contact you when necessary.

You represent and warrant that you are authorised to use the payment method provided for your purchase and that all information supplied in connection with payment is accurate and complete.

SECTION 5 – SHIPPING AND DELIVERY

We offer shipping to selected destinations in Australia and internationally. Shipping availability may vary depending on the destination and the products included in your order.

Estimated delivery times are provided as a guide only and may vary depending on your location, shipping provider, customs processing, public holidays and circumstances beyond our reasonable control.

We are not responsible for delays caused by shipping carriers, customs authorities or other circumstances outside our reasonable control.

Where permitted by law, responsibility for the products may pass to you once the products have been delivered to the address specified in your order.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law in relation to delivery, loss, damage or defective products.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, website design and the selection and arrangement of these materials, are owned by Turosse, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.

Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property rights belonging to Turosse, Shopify or any third party.

Turosse's names, logos, product and service names, designs and slogans are trademarks of Turosse or its affiliates or licensors. You must not use these trademarks without prior written permission from Turosse.

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 appearing on the Services are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not monitor or control these third-party tools and do not necessarily have any input into their operation.

Where permitted by law, third-party tools are provided on an "as is" and "as available" basis. We do not endorse or guarantee the performance, availability or suitability of third-party tools.

Your use of optional third-party tools is at your own discretion. You should review and understand the terms and conditions applicable to any third-party tools before using them.

We may introduce new features, tools or resources through the Services from time to time. Any new features, tools or resources will form part of the Services and will be subject to these Terms unless otherwise stated.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, services or materials provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, availability or practices of third-party websites or services.

If you access a third-party website or service through a link on our website, you do so at your own risk. You should review the relevant third party's terms, privacy policies and practices before engaging with them or entering into a transaction.

To the extent permitted by law, Turosse is not responsible for loss or damage arising from your use of third-party websites, products, services, resources or content.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Turosse is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our online store are transactions between you and Turosse.

Shopify is not responsible for the products sold by Turosse or for the transactions between you and Turosse.

To the extent permitted by law, Shopify and its affiliates are not responsible for any claims arising from products purchased from Turosse.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy, which can be viewed here [LINK].

As our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services. Information you submit through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside Australia.

Please review our Privacy Policy [LINK] for information about how Turosse collects, uses, stores and discloses personal information.

You can also review Shopify's privacy information [LINK].

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 Turosse a perpetual, worldwide, royalty-free and sublicensable licence to use, reproduce, modify, publish, distribute and display that Feedback in connection with our business, including for commercial purposes.

For example, we may use Feedback to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that:

(i) you own or have all necessary rights to the Feedback you provide;

(ii) you have disclosed any compensation or incentives received in connection with your Feedback where required by law; and

(iii) your Feedback complies with these Terms and applicable law.

We are not required to keep Feedback confidential, pay compensation for Feedback or respond to Feedback.

We may remove or edit Feedback where we reasonably consider that it is unlawful, offensive, threatening, defamatory, obscene, misleading, infringes intellectual property rights or otherwise breaches these Terms or applicable law.

You must not submit Feedback that infringes the rights of another person, including copyright, trademark, privacy or other proprietary rights.

You must not submit Feedback containing malicious software, viruses or other harmful code.

You must not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties regarding the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.

Where permitted by law, we may cancel or amend an order where information was materially incorrect, including after an order has been submitted.

If we cancel an order after payment has been received, we will provide an appropriate refund.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

(a) for any unlawful or malicious purpose;

(b) to breach any applicable law or regulation;

(d) to harass, abuse, threaten, defame, intimidate or harm our employees, representatives or any other person;

(e) to transmit false or misleading information;

(f) to upload, transmit or distribute material that breaches these Terms or applicable law;

(g) to send spam, unsolicited advertising or other unauthorised promotional material;

(h) to impersonate another person or entity; or

(i) to interfere with another person's use or enjoyment of the Services or otherwise harm Turosse, Shopify or users of the Services.

You must also not:

(a) upload or transmit viruses, malicious code or other harmful software;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as permitted by these Terms or applicable law;

(d) use the Services for phishing, pharming, fraud or other deceptive activity;

(e) use automated systems, scraping tools, robots, spiders or similar technologies to access or collect information from the Services in a manner that is not authorised by us; or

(f) interfere with or circumvent security or access-control features used to protect the Services.

We reserve the right to suspend or terminate access to the Services where we reasonably believe that a person has breached these Terms or applicable law.

SECTION 14 – AGENTS

14.1

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed using a person's device without direct supervision.

14.2

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with these Agent Terms.

No Agent may access, use or interact with the Services where we have requested that the Agent refrain from doing so.

14.3

We may limit, including through technical measures, whether and how an Agent may access, use or interact with the Services.

14.4

Agents must:

(i) identify that the request originates from an Agent in applicable HTTP/HTTPS requests;

(ii) not conceal or misrepresent that access or interaction is being performed by an Agent;

(iii) respond truthfully where asked whether an interaction is being performed by a human or computer; and

(iv) not circumvent measures intended to block, limit, modify or control access by Agents.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services where permitted by law, including where you breach these Terms.

Termination will not affect any rights or obligations that arose before termination.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy and any other provisions that by their nature are intended to survive termination will continue to apply following termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general information purposes only. While we take reasonable steps to ensure information is accurate and current, we do not guarantee that all information is complete, accurate or free from errors.

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis.

However, nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified, including rights and guarantees available to consumers under the Australian Consumer Law.

To the extent permitted by law, we do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Turosse, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for loss or damage arising from your use of the Services or products purchased through the Services, except to the extent that such liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes, restricts or modifies any liability, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

Where permitted by law, we are not liable for indirect, incidental or consequential loss, loss of profits, loss of revenue, loss of data or similar losses arising from your use of the Services.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Turosse, its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from claims, losses, damages or liabilities arising from:

(1) your material breach of these Terms;

(2) your unlawful use of the Services; or

(3) your infringement of the rights of another person.

This indemnity does not apply to the extent that the relevant loss, liability or claim was caused by Turosse's own breach, negligence or unlawful conduct.

We will notify you of any claim for which we seek indemnification and will provide reasonable cooperation in relation to the defence of that claim.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue to apply.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on the website constitute the entire agreement between you and us regarding your use of the Services, except where otherwise required by law.

These Terms replace any prior versions of the Terms of Service relating to the Services.

Nothing in these Terms is intended to exclude any rights or remedies available to you under applicable law.

SECTION 21 – ASSIGNMENT

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

We may transfer, assign or delegate our rights and obligations under these Terms in connection with a sale, restructuring or transfer of our business, or otherwise where permitted by law.

SECTION 22 – GOVERNING LAW

These Terms of Service are governed by the laws of New South Wales, Australia.

You and Turosse submit to the jurisdiction of the courts of New South Wales and the applicable Commonwealth courts of Australia.

Nothing in this section limits any rights you may have under mandatory consumer protection laws applicable to you.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting an updated version on our website.

It is your responsibility to check our website periodically for changes. Where required by law, we will notify you of material changes to these Terms.

Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes, to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Turosse
Email: contact@turosse.com

Business entity:
The Trustee for Embodyd Health And Wellness Trust
60 Martin Place
Sydney NSW 2000
Australia

ABN: 65 611 203 124