Terms of service
OVERVIEW
Welcome to Spinely. The terms “we”, “us” and “our” refer to Spinely Pty Ltd (ABN 76 694 729 925) (“Spinely”). Spinely operates this store and website, including all related information, content, features, tools, products and services (the “Services”) in order to provide you, the customer, with a curated shopping experience. Spinely is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you confirm that you are at least the age of majority in your place of residence.
You may be required to provide personal, billing, payment, and shipping information. You represent that all information provided is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to ensure product descriptions and images are accurate. However, colours and appearance may vary depending on device and screen settings.
All product descriptions are subject to change without notice. We reserve the right to discontinue or limit quantities of any product at any time.
Nothing on this website constitutes medical advice. Our products are designed for comfort and support only and are not intended to diagnose, treat, cure, or prevent any medical condition.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Orders are not accepted until confirmed by Spinely.
We reserve the right to refuse or cancel orders at our discretion. If an order is cancelled, we will attempt to notify you using the contact details provided.
Returns and refunds are governed solely by our Refund Policy.
Purchases are for personal or household use only and not for resale or commercial use.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. Prices shown exclude shipping, taxes, duties, or import charges unless stated otherwise.
You agree to provide accurate billing and payment information and authorise us to charge the provided payment method.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.
Risk of loss passes to you once the order is handed to the carrier, to the extent permitted by Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, logos, text, graphics, and media, is owned by or licensed to Spinely and protected under Australian and international intellectual property laws.
You may use the Services for personal, non-commercial use only. Any unauthorised use is prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or representations. Use of such tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites or content accessed via links on the Services. Access is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Services are hosted by Shopify. All sales are made directly between you and Spinely. Shopify is not responsible for any aspect of transactions between you and Spinely.
SECTION 10 – PRIVACY
Use of the Services is subject to our Privacy Policy, which explains how we collect and use personal information in accordance with the Australian Privacy Act 1988 (Cth).
SECTION 11 – FEEDBACK
Any feedback submitted grants Spinely a perpetual, royalty-free right to use it for business purposes without compensation.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate.
SECTION 13 – PROHIBITED USES
You must not use the Services for unlawful, abusive, misleading, or harmful purposes.
SECTION 14 – TERMINATION
We may suspend or terminate access to the Services at any time. Obligations incurred prior to termination survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
To the extent permitted by law, the Services and products are provided “as is” and “as available”.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee provided under Australian Consumer Law.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Spinely is not liable for indirect, incidental, or consequential damages.
This clause does not limit liability where such limitation is prohibited under Australian Consumer Law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify Spinely against claims arising from your misuse of the Services or breach of these Terms.
SECTION 18 – SEVERABILITY
If any provision is unenforceable, the remaining provisions remain in effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Spinely.
SECTION 20 – ASSIGNMENT
We may assign these Terms without notice. You may not assign without our consent.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have exclusive jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT
Questions about these Terms should be sent to:
📧 support@spinely.com.au
Spinely Pty Ltd
ABN 76 694 729 925