1. Introduction

Welcome to TideStep AU. By accessing or using our website, mobile applications, products, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our Services.

These Terms constitute a legally binding agreement between you and TideStep AU Pty Ltd ("TideStep AU," "we," "us," or "our") regarding your use of our Services. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms. If you are using our Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to terminate your account or suspend your access to our Services at any time, with or without notice, for any reason or no reason, including if we believe that you have violated these Terms.

4. Products and Orders

All product descriptions, specifications, and prices are subject to change without notice. We reserve the right to discontinue any product at any time.

When you place an order through our Services, you are making an offer to purchase the products in your order. We reserve the right to accept or decline your order for any reason, including unavailability of products, errors in product descriptions or pricing, or concerns about the authenticity of your order.

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you a confirmation email. The contract for sale will be formed when we send you this confirmation email.

5. Shipping and Delivery

We will make every effort to deliver your products within the estimated delivery time indicated on our website or in your order confirmation. However, delivery times are estimates only and are not guaranteed. We are not responsible for any delays or failures to deliver that are caused by circumstances beyond our reasonable control.

You are responsible for providing accurate shipping information. We are not responsible for any delays or failures to deliver that are caused by your provision of incorrect or incomplete shipping information.

6. Returns and Exchanges

We want you to be completely satisfied with your purchase. If you are not satisfied with your purchase, you may return it in accordance with our Return Policy, which is incorporated into these Terms by reference.

To be eligible for a return, your item must be unused, in the same condition that you received it, and in the original packaging. You must also have the receipt or proof of purchase.

Some items are non-returnable, including custom-made products and sale items. Please check our Return Policy for more information.

7. Intellectual Property

All content included in or made available through our Services, including text, graphics, logos, images, videos, and software, is the property of TideStep AU or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as incidental to normal web browsing or as otherwise expressly permitted in these Terms or by us in writing.

8. User Content

Our Services may allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain ownership of your User Content, but by posting User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting our Services.

You represent and warrant that: (i) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

9. Prohibited Activities

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors
• Attempt to gain unauthorized access to any portion of our Services or any other systems or networks connected to our Services
• Use our Services to send unsolicited or unauthorized advertising or promotional material, commonly known as "spam"
• Use our Services to transmit any malware, virus, or other code that has a harmful effect
• Interfere with or disrupt our Services or servers or networks connected to our Services
• Use any robot, spider, or other automatic device or process to access our Services for any purpose
• Impersonate or attempt to impersonate TideStep AU, a TideStep AU employee, another user, or any other person or entity

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIDESTEP AU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TIDESTEP AU DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIDESTEP AU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES; (III) ANY CONTENT OBTAINED FROM OUR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to defend, indemnify, and hold harmless TideStep AU and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Sydney, Australia, using the English language in accordance with the Arbitration Rules and Procedures of the Australian Centre for International Commercial Arbitration then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Services.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected] or by mail at:

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement between you and TideStep AU concerning our Services.

Last updated: January 15, 2025