Terms of service

TERMS OF SERVICE

Last Updated: 15th of March 2025

1. OVERVIEW

This website is operated by ORA Athletica. Throughout the site, the terms “we,” “us,” and “our” refer to ORA Athletica. We offer this website, including all information, tools, and services available, conditioned upon your acceptance of these Terms of Service ("Terms").

By accessing or purchasing from our site, you engage in our “Service” and agree to be bound by these Terms, including additional policies referenced herein.

If you do not agree to all the terms and conditions, you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

2. ONLINE STORE TERMS

By using this site, you confirm that:

  • You are at least the age of majority in your state or territory, or you have obtained legal consent from a parent or guardian.
  • You will not use our products for any illegal or unauthorized purposes or violate any laws in your jurisdiction (including copyright laws).
  • You will not transmit any viruses or destructive code that may harm the website.
  • Any breach of these Terms will result in immediate termination of services.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to:

  • Reproduce, copy, sell, resell, or exploit any portion of our Service without express written permission.
  • Use the website for any unlawful or prohibited purpose.

4. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We make reasonable efforts to provide accurate information, but we do not guarantee all content is always up-to-date or error-free. Any reliance on material on this site is at your own risk.

5. PRODUCTS & SERVICES

  • Certain products/services may be available exclusively online and have limited quantities.
  • We reserve the right to limit sales per person, household, or jurisdiction.
  • We do not guarantee product colors/images will be accurately displayed on all screens.
  • Consumer Guarantees (Australian Consumer Law)
    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).
    • You are entitled to a replacement, repair, or refund if the goods are faulty, not as described, or fail to meet consumer guarantees.
    • More details are outlined in our Refund & Returns Policy: [Insert Link]

6. PRICING & BILLING ACCURACY

  • Prices are listed in Australian Dollars (AUD) and include GST where applicable.
  • We reserve the right to refuse or cancel any orders that appear fraudulent or unauthorized.
  • You agree to provide current, complete, and accurate purchase & account details to avoid delays.

7. RETURNS, REFUNDS & WARRANTY POLICY

  • We offer returns and exchanges in accordance with Australian Consumer Law.
  • If a product is faulty, incorrect, or not as described, you may be eligible for a refund, exchange, or repair.
  • Change of mind returns may be accepted at our discretion (conditions apply).
  • Full details can be found in our Refund & Returns Policy: [Insert Link]

8. OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party services (e.g., payment gateways, shipping providers).

  • You acknowledge that these services are “as is” and “as available” without warranties from us.
  • We are not liable for any issues arising from third-party tools.

9. USER COMMENTS & FEEDBACK

If you submit creative ideas, comments, or suggestions, we may use them without restriction.

  • You must not post unlawful, defamatory, or offensive content.
  • We may remove any content that violates our Terms or intellectual property rights.

10. PRIVACY & DATA PROTECTION

  • Your submission of personal information is governed by our Privacy Policy: [Insert Link]
  • We comply with the Australian Privacy Act 1988 and the Notifiable Data Breaches (NDB) scheme.
  • If we experience a data breach affecting personal information, affected customers will be notified.

11. ERRORS, INACCURACIES & OMISSIONS

Occasionally, our site may contain typographical errors, incorrect pricing, or outdated information. We reserve the right to:

  • Correct errors at any time without prior notice.
  • Cancel orders if incorrect pricing was displayed.

12. PROHIBITED USES

You are prohibited from using our site for:
❌ Any unlawful purpose
❌ Harassment, abuse, discrimination, or defamation
❌ Uploading malware or attempting security breaches
❌ Violating intellectual property rights
❌ Spamming, phishing, or fraud

We reserve the right to terminate service for violations.

13. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee that:
✅ The service will be uninterrupted or error-free
✅ The results obtained from the service will be 100% accurate or reliable

📌 Legal Compliance Clause (Australian Consumer Law)

  • Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under Australian law.
  • Our liability is limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify and hold ORA Athletica harmless from any claims arising from:

  • Your breach of these Terms
  • Your violation of any laws or third-party rights

15. SEVERABILITY

If any part of these Terms is unenforceable, the remaining Terms will still apply.

16. TERMINATION

  • Either party may terminate this agreement at any time.
  • If we believe you have violated these Terms, we may terminate your access immediately.

17. DISPUTE RESOLUTION

  • If a dispute arises, both parties agree to first attempt to resolve it in good faith by contacting team@oraathletica.com.
  • If unresolved, disputes will be governed under New South Wales law.

18. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

19. CHANGES TO TERMS OF SERVICE

  • We may update or modify these Terms at any time.
  • Your continued use of the site after changes constitutes acceptance.

20. CONTACT INFORMATION

For any questions about these Terms, please contact us at:

📧 Email: team@oraathletica.com