Everyday Pilates

with

Thumb Toe

Terms of Service

THUMB TOE AUSTRALIA

  1. ABOUT THE WEBSITE

Welcome to thumbtoe.au (the “Website”). Our platform allows you to browse and purchase a variety of products listed for sale (the “Products”). By accessing the Website, you are provided with content and services to facilitate your purchase (the “Purchase Services”).

The Website is managed by PS Blue Pty Ltd (ABN: 11 114 756 133) trading as Thumb Toe Australia (“Thumb Toe Australia”). Your use of the Website and its Products is subject to these terms and conditions (“Terms”). By using, browsing, or reading the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please cease use of the Website immediately.

Thumb Toe Australia reserves the right to review and modify these Terms at its discretion. Changes will be posted on this page, and reasonable efforts will be made to notify you of significant updates. Modifications take effect immediately upon their publication.

  1. ACCEPTANCE OF THE TERMS

By remaining on the Website, you accept and agree to these Terms.

  1. REGISTRATION TO USE THE PURCHASE SERVICES

To access the Purchase Services, you may need to register as a user of the Website. During registration, you may be required to provide personal information such as:

  • Business name
  • Business address
  • ABN
  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password

You warrant that the information you provide is accurate, correct, and up-to-date. Upon completing registration, you will become a registered customer (“Customer”) of the Website and agree to abide by these Terms. As a Customer, you will have immediate access to the Purchase Services.

You may not use the Purchase Services if:

  • You are not of legal age to form a binding contract with Thumb Toe Australia.
  • You are prohibited from receiving the Purchase Services under the laws of Australia or the country from which you use the Purchase Services.
  1. YOUR OBLIGATIONS AS A CUSTOMER

As a Customer, you agree to the following:

  • Use the Purchase Services only for purposes permitted by these Terms and any applicable laws.
  • Protect the confidentiality of your password and email address. Unauthorised use of your password may result in immediate cancellation of the Purchase Services.
  • Notify Thumb Toe Australia immediately of any unauthorised use of your password or email address or any security breach.
  • Access and use the Website solely for your personal use in connection with the Purchase Services.
  • Refrain from using the Purchase Services or Website for illegal or unauthorised purposes, including collecting email addresses for unsolicited emails or unauthorised framing or linking to the Website.
  • Acknowledge that commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of the Purchase Services.
  • Acknowledge that automated use of the Website or its Purchase Services is prohibited.
  1. PURCHASE OF PRODUCTS

When using the Purchase Services to buy Products through the Website, you agree to pay the listed purchase price (the “Purchase Price”). Payment can be made via available payment methods (“Payment Gateway Providers”).

By using the Purchase Services, you agree to the terms and conditions of the Payment Gateway Providers. Upon confirmation of payment, you will receive a receipt from Thumb Toe Australia, which may record your purchase details for future use.

Thumb Toe Australia reserves the right to accept or reject your order for any reason, including the unavailability of the requested Product. All amounts are listed in Australian Dollars (AUD) and include GST unless otherwise stated.

  1. REFUND POLICY

For details, refer to our Refund Policy page on the Website.

  1. CANCELLATIONS

If you wish to cancel your order, contact Thumb Toe Australia immediately at email hello@thumbtoe.au. Cancellations must be made within 24 hours of placing the order. Thumb Toe Australia reserves the right to cancel transactions involving incorrect prices or information, with refunds processed through the original payment method.

  1. SHIPPING POLICY

For details, refer to our Shipping Policy page on the Website.

  1. WARRANTY

Products from Thumb Toe Australia come with guarantees under Australian Consumer Law. You are entitled to a replacement or refund for major failures and compensation for reasonably foreseeable loss or damage. For minor failures, you are entitled to have the Products repaired or replaced.

If you receive a faulty or defective Product, contact hello@thumbtoe.au with photographic proof.

  1. INFORMATION AND PRODUCT DISCLAIMER

All information provided by Thumb Toe Australia about the use of any Product is for educational purposes only. It is your responsibility to determine the appropriateness of the Products for your specific use.

Expect minor variations in colour, appearance, characteristics, size, and weight from the sample Products or specifications quoted.

Thumb Toe Australia makes no representations or warranties about the effects, benefits, or use of the Products and is not responsible for the results obtained from using the Products.

  1. TITLE AND RISK

11.1. Title to the Product passes to you upon full payment. Title indicates ownership of the Product.

11.2. Risk passes to you upon delivery, meaning you are responsible for the Product, including handling, storage, and any potential damage.

  1. MAILING LIST

When making a purchase, you may opt to join the Thumb Toe Australia Mailing List to receive promotional materials and updates. You can unsubscribe at any time by following the instructions in the email or emailing hello@thumbtoe.au.

  1. PRIVACY

Your privacy is important to Thumb Toe Australia, and any information provided through your use of the Website and Purchase Services is subject to our Privacy Policy.

  1. FORCE MAJEURE

Thumb Toe Australia is not obligated to provide Products or fulfill orders during circumstances beyond its control, such as unavailability of materials, pandemics, strikes, natural disasters, and other force majeure events. Thumb Toe Australia may terminate the agreement or suspend services until such circumstances cease.

  1. COPYRIGHT AND INTELLECTUAL PROPERTY

All content on the Website is protected by copyright laws. Thumb Toe Australia retains all rights to the Website and its content. You may not use, reproduce, distribute, or modify any content without prior written permission from Thumb Toe Australia and other relevant rights owners.

  1. GENERAL DISCLAIMER

Thumb Toe Australia does not make any guarantees, warranties, or representations regarding the Products beyond those provided in these Terms. The Website may display Products with variations in sizes, colours, and designs.

All terms, warranties, and conditions not expressly stated in these Terms are excluded, to the extent permitted by law. Thumb Toe Australia is not liable for indirect or consequential loss or damage arising from the use of the Website, Purchase Services, or Products.

Use of the Website and Purchase Services is at your own risk. The Website, Purchase Services, and Products are provided “as is” and “as available,” without any warranty or condition of any kind.

  1. INDEMNITY

Thumb Toe Australia’s total liability is limited to the most recent purchase cost paid by you. You agree to indemnify Thumb Toe Australia and its affiliates from all claims, liabilities, costs, and expenses arising from your use of the Website, Purchase Services, or any breach of these Terms.

  1. LIMITATION OF LIABILITY

Thumb Toe Australia’s liability is limited to the most recent Purchase Price paid by you or, if no purchase has been made, the resupply of information or services. Thumb Toe Australia is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Website, Purchase Services, or Products.

  1. TERMINATION

These Terms remain effective until terminated by either party. You may terminate by notifying Thumb Toe Australia and closing your accounts. Thumb Toe Australia may terminate these Terms if you breach any provision, if required by law, or if the provision of services is no longer commercially viable. Upon termination, all accrued rights and obligations remain in force.

  1. VENUE AND JURISDICTION

Any disputes arising from the Website or Purchase Services will be resolved in the courts of New South Wales, Australia.

  1. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia, without reference to conflict of law principles.

  1. INDEPENDENT LEGAL ADVICE

Both parties confirm that these Terms are fair and reasonable and have had the opportunity to obtain independent legal advice.

  1. SEVERANCE

If any part of these Terms is found to be void or unenforceable, that part will be severed, and the remainder will remain in force.