Terms of Service

Overview

This website is operated by Holofex Pty Ltd. Throughout these Terms of Service, “Holofex”, “we”, “us” and “our” refer to Holofex Pty Ltd.

These Terms of Service (“Terms”) govern your use of our website and your purchase of products or services from us. They should be read together with our Privacy Policy, Returns Policy, Shipping Policy and any additional terms clearly provided before you purchase a particular product or service.

By accessing or using our website, or placing an order, you agree to these Terms. If you are purchasing on behalf of a business or organisation, you confirm that you have authority to bind that organisation.

Our online store is hosted on Shopify, which provides the e-commerce platform we use to sell our products and services.

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

1. Eligibility and use of our website

To place an order, you must be at least 18 years old or otherwise legally able to enter into a binding contract. If you allow a minor to use our website or products, you are responsible for providing appropriate supervision.

You must use our website, products and services lawfully and in accordance with these Terms. You must not introduce viruses, malicious software or other code intended to damage, disrupt or compromise our website or its users.

2. General conditions and intellectual property

Unless otherwise stated, the content on our website, including text, graphics, logos, images, videos and designs, is owned by or licensed to Holofex Pty Ltd.

You may access and use this content for personal use and to assess or purchase our products and services. Except as permitted by law, you must not reproduce, distribute, modify, sell or commercially exploit our website content without our prior written permission.

We may refuse service or restrict access where reasonably necessary to address fraud, unlawful activity, security risks or a material breach of these Terms. We will exercise these rights lawfully and reasonably.

3. Website information

We take reasonable care to ensure that information on our website is accurate, complete and current. However, errors or omissions may occur.

General articles, guides and historical information are provided for reference. Product specifications, compatibility information and instructions should be read carefully before purchasing or using a product.

Nothing in this section limits our responsibility for misleading representations, product descriptions or other obligations under applicable law.

4. Prices and changes to our services

The currency and any applicable taxes, delivery charges or other compulsory fees will be shown before you complete your purchase.

We may change prices for future purchases. A price change will not alter the price of an order we have already accepted.

We may update, suspend or discontinue parts of our website for maintenance, security, operational or legal reasons. Where reasonably practicable, we will give advance notice of changes that materially affect an existing paid service.

If we discontinue a paid service before providing it in full, we will provide any refund or other remedy required by law or the applicable service agreement.

5. Products, availability and safe use

Some products or services may be available exclusively online and may be supplied in limited quantities.

We take reasonable steps to display product images, colours and descriptions accurately. Screen settings may affect how colours appear. This does not affect your rights if a product does not match its description or otherwise fails to meet a consumer guarantee.

We may update product descriptions, introduce purchase limits or discontinue products for future orders. These changes will not retrospectively alter an accepted order without your agreement or another lawful basis.

You must follow the instructions, safety warnings and operating requirements supplied with your product. Do not use a product in a way that is unlawful or contrary to its stated safety requirements.

Returns and exchanges are addressed in our Returns Policy and section 13 of these Terms.

6. Orders, payments and account information

You must provide accurate and current contact, billing and delivery information when placing an order. If you create an account, you are responsible for keeping your login details secure and notifying us promptly of suspected unauthorised use.

An automated order acknowledgement confirms that we have received your order; it does not by itself constitute acceptance. We accept your order when we confirm dispatch or expressly notify you that it has been accepted.

Before acceptance, we may decline an order for a reasonable reason, including unavailable stock, suspected fraud, delivery restrictions or an obvious pricing error. We may also apply reasonable quantity limits.

If we decline or cancel an order, we will notify you using the contact details you provided and promptly refund any payment received for the cancelled items.

Once an order has been accepted, cancellation or changes will be handled in accordance with these Terms, any agreed order conditions and applicable law.

Delivery arrangements are described in our Shipping Policy. Any delivery estimate does not limit your rights under applicable law.

7. Third-party tools

Our website may provide access to tools or services supplied by third parties. Separate terms may apply to your use of those tools or services, and we will identify those terms where relevant.

We do not control independently operated third-party tools. However, this does not exclude any responsibility we have under applicable law, including where we supply a tool or service as part of your purchase from us.

8. Third-party links

Our website may contain links to websites operated by third parties. These links are provided for convenience and do not, by themselves, constitute an endorsement.

Third-party websites have their own terms, privacy practices and content. Review those terms before providing information or entering into a transaction.

Questions about purchases made directly from a third party should generally be directed to that provider. This does not affect any responsibility Holofex Pty Ltd has under applicable law.

9. Reviews, feedback and other submissions

You retain ownership of reviews, comments, images and other content you submit to us.

When you submit content for public display, such as a product review, you grant Holofex Pty Ltd a non-exclusive, royalty-free licence to reproduce, display and reasonably edit that content for the purpose for which it was submitted, including displaying reviews on our website. Any edits must not materially misrepresent your views.

We may use general feedback and suggestions to improve our products and services without paying compensation, unless we have agreed otherwise in writing.

You must have the necessary rights and permissions to submit your content. Your submissions must not be unlawful, misleading, defamatory, abusive or infringe another person’s intellectual property or privacy rights.

We may remove submissions that breach these requirements. Personal information included in submissions will be handled in accordance with our Privacy Policy.

10. Personal information

We collect, use and disclose personal information as described in our Privacy Policy.

Payment information is processed through our payment providers. Please review our Privacy Policy and any relevant payment provider notices for details about how your information is handled.

11. Errors, inaccuracies and omissions

We may correct errors relating to product descriptions, prices, promotions, delivery charges or availability.

If we identify an error affecting an order you have placed, we will contact you to explain the issue and, where appropriate, offer you the choice of proceeding on corrected terms or cancelling for a full refund.

We will not charge an additional amount or substitute a materially different product without your agreement.

Any cancellation of an accepted order must have a lawful basis. Nothing in this section limits your rights under Australian Consumer Law.

12. Prohibited activities

You must not use our website or services to:

• Engage in unlawful, fraudulent or deceptive conduct.

• Infringe intellectual property, privacy or other legal rights.

• Threaten, harass or unlawfully discriminate against others.

• Impersonate another person or provide misleading information.

• Upload malicious software or interfere with website operation.

• Gain unauthorised access to accounts, systems or data.

• Collect or misuse another person’s personal information.

• Send spam or conduct phishing or similar activities.

• Bypass security measures or use automated tools in a way that disrupts our services or unlawfully extracts data.

We may take reasonable action to prevent or address these activities, including restricting access as described in section 16.

13. Consumer guarantees, returns and liability

Our products and services come with guarantees under the Australian Consumer Law that cannot be excluded.

Depending on the circumstances, you may be entitled to a repair, replacement, refund, cancellation or compensation if a product or service fails to meet a consumer guarantee. Your rights depend on the nature and seriousness of the failure and the requirements of applicable law.

Our Returns Policy explains how to request a return or report a problem. It does not replace or limit your statutory rights. Any additional manufacturer’s or express warranty is provided in addition to those rights.

We take reasonable care in operating our website, but we cannot promise that access will always be uninterrupted or free from technical errors.

Neither party is responsible for loss to the extent that it was caused by the other party’s unlawful conduct, negligence or breach of these Terms. Each party must take reasonable steps to minimise any loss arising from a breach.

Nothing in these Terms excludes liability for fraud, misleading or deceptive conduct, or any other liability that cannot lawfully be excluded.

14. Responsibility for misuse

You are responsible for your own unlawful conduct and breaches of these Terms.

If your conduct causes loss to Holofex Pty Ltd or another person, responsibility for that loss will be determined under applicable law, taking into account each party’s contribution to the loss.

You are not required under these Terms to indemnify us for loss caused by our own negligence, misconduct or breach of our legal obligations.

15. Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be severed to the extent necessary. The remaining provisions will continue to apply.

16. Suspension and termination

You may stop using our website at any time. Stopping use of the website does not automatically cancel an existing order or separate service agreement.

We may suspend or terminate access where reasonably necessary because of a material breach of these Terms, suspected fraud, unlawful activity or a significant security risk.

Where reasonably practicable, we will explain the reason and give you an opportunity to resolve a breach before terminating access. Immediate action may be taken where necessary to protect users, our systems or legal rights.

Suspension or termination does not remove rights or obligations arising before termination, including rights relating to existing purchases, refunds and consumer guarantees.

17. Our agreement with you

These Terms, together with the policies and any specific purchase or service terms clearly provided to you before purchase, form the agreement between you and Holofex Pty Ltd concerning the relevant website use or transaction.

Specific terms expressly agreed for a particular purchase take priority over these general Terms to the extent of any inconsistency, subject always to applicable law.

Nothing in these Terms excludes responsibility for representations or promises that are binding under applicable law.

A failure or delay in exercising a right does not, by itself, waive that right.

18. Governing law and disputes

These Terms are governed by the laws of Australia and the applicable laws of the Australian state or territory relevant to the transaction.

Any dispute may be brought before a court or tribunal with jurisdiction. Nothing in these Terms requires you to bring proceedings in a location contrary to your rights under applicable consumer law.

If you have a concern, please contact us so we can try to resolve it. This does not prevent you from exercising your legal rights or contacting a consumer protection authority.

19. Changes to these Terms

We may update these Terms to reflect changes to our business, website or legal requirements. The current version will be published on this page with its effective date.

Updated Terms apply to website use and new orders from their effective date. They do not retrospectively change an existing order or agreement unless you agree or the change is required by law.

For an ongoing paid service, any changes will follow the variation process in the applicable service agreement. If no variation process has been agreed, we will seek your agreement before making a material change to that service contract.

20. Contact information

For questions about these Terms, orders or our products and services, contact:

Holofex Pty Ltd
Email: team@holofex.com