Terms of Service

OVERVIEW

This website is operated by Toma Audio. Throughout the site, “we”, “us” and “our” refer to Toma Audio. We make this website, including its information, tools and services, available to you subject to these Terms of Service and any policies or notices referred to in them.

By visiting our website or purchasing from us, you use our “Service” and agree to these Terms of Service, including any additional terms and policies referred to here or available by hyperlink. These Terms apply to all users of the website, including browsers, vendors, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by them. If you do not agree to these Terms, you must not access the website or use our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to our store will also be subject to these Terms. You can review the current version of these Terms on this page. We may update, change or replace parts of these Terms by posting changes on our website. It is your responsibility to check this page periodically. Your continued use of or access to the website after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by law.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least 18 years old in Australia, or that you are at least 18 years old and have consented to any of your minor dependants using this website.

You must not use our products for any illegal or unauthorised purpose, or use the Service in a way that breaches laws applicable to you, including copyright laws.

You must not transmit worms, viruses or any code of a destructive nature.

A breach or violation of these Terms may result in suspension or termination of your access to the Service, subject to applicable law.

SECTION 2 - GENERAL CONDITIONS

We may refuse or discontinue access to the Service where permitted by law. This does not affect any rights you may have under these Terms or applicable law.

You understand that content you submit (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

Headings in these Terms are included for convenience only and do not limit or otherwise affect them.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We try to keep the information on this website accurate, complete and current. However, website content may contain errors or become outdated. Material on this website is provided for general information only and should not be relied on as the sole basis for making decisions without checking more complete, accurate or timely sources. Any reliance on website content is at your own risk, subject to your rights under applicable law.

This website may contain historical information. Historical information is not necessarily current and is provided for reference only. We may modify website content at any time, but are not required to update it except as required by law. You are responsible for monitoring changes to the website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice.

We may modify or discontinue the Service, or any part or content of it, subject to applicable law and any rights you may have.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

SECTION 5 - PRODUCTS OR SERVICES

Some products or Services may be available exclusively online and may be available in limited quantities. Products are subject to return or exchange only in accordance with our Refund Policy and your rights under applicable law.

We make reasonable efforts to display product colours and images as accurately as possible. We cannot guarantee that your device’s display of a colour will accurately represent the product.

We may limit sales of products or Services to a person, geographic region or jurisdiction, or limit quantities offered, where permitted by law. We may exercise these rights on a case-by-case basis. Product descriptions and prices may change, and products may be discontinued, subject to applicable law and any rights you may have. Any offer for a product or Service is void where prohibited.

Except for rights and remedies that cannot be excluded under applicable law, we do not guarantee that products, Services, information or other material purchased or obtained by you will meet your personal expectations, or that errors in the Service will be corrected. This statement does not exclude, restrict or modify any consumer guarantee or other right under the Australian Consumer Law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse an order or limit or cancel quantities purchased per person, household or order where permitted by law. These restrictions may include orders placed using the same customer account, credit card, billing address or shipping address. If we change or cancel an order, we may try to notify you using the email address, billing address or phone number provided when the order was placed. We may limit or prohibit orders that, in our reasonable judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge that access to those tools is provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement by us. To the extent permitted by law, we have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is at your own risk and discretion. You should ensure that you understand and accept the terms on which the relevant third-party provider supplies those tools.

We may offer new Services or features through the website in the future, including new tools and resources. These will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Some content, products and Services available through our Service may include materials from third parties.

Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites, and we do not warrant or endorse third-party materials or websites. To the extent permitted by law, we are not liable for third-party materials, products or Services.

We are not responsible for harm or damage relating to purchases or use of goods, Services, resources, content or other transactions made in connection with third-party websites, except to the extent liability cannot be excluded by law. Review the relevant third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us specific submissions at our request (for example, contest entries), or send us creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by post or otherwise (collectively, “Comments”), you agree that we may use, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium, without restriction. We are not obliged to (1) keep Comments confidential, (2) pay compensation for Comments or (3) respond to Comments.

We may, but are not required to, monitor, edit or remove content that we determine in our reasonable discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, that infringes another person’s intellectual property, or that breaches these Terms.

You agree that your Comments will not violate any third-party rights, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or a related website. You must not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of any Comments. You are responsible for your Comments and their accuracy. To the extent permitted by law, we take no responsibility or liability for Comments posted by you or a third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Information on our website or in the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct errors, inaccuracies or omissions and update information or cancel orders where information in the Service or on a related website is inaccurate, subject to applicable law and any rights you may have. If we change or cancel an order, we will take reasonable steps to notify you.

We are not required to update, amend or clarify information in the Service or on a related website, including pricing information, except as required by law. No specified update or refresh date on the Service or a related website should be taken to mean that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions in these Terms, you must not use the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to breach applicable laws, regulations, rules or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, a related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, a related website, other websites or the internet. We may suspend or terminate your use of the Service or a related website for a breach of these prohibitions, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our website or online Service will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained from using the website or online Service will be accurate or reliable. From time to time, we may remove or suspend the website or online Service for an indefinite period, or discontinue it, subject to applicable law.

To the extent permitted by law, the website and online Service are provided “as is” and “as available”. This disclaimer relates to the website and online Service themselves; it does not exclude, restrict or modify any consumer guarantee or other right that applies to goods or Services we supply, including under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If goods fail to meet a consumer guarantee, you may be entitled to a repair, replacement or refund, depending on the circumstances. Services we supply also come with consumer guarantees under the Australian Consumer Law.

To the extent permitted by law, we exclude liability for loss or damage arising from use of, or inability to use, the website or online Service, including indirect or consequential loss. This exclusion does not apply to liability that cannot lawfully be excluded, including liability for consumer guarantee rights or remedies, or for death or personal injury caused by negligence.

Where liability may lawfully be limited, it is limited to the maximum extent permitted by law. Nothing in these Terms limits or excludes liability for an Australian Consumer Law remedy, for death or personal injury caused by negligence, or for any other liability that cannot be excluded or limited by law.

SECTION 14 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Toma Audio and its officers, employees, agents, contractors, licensors, service providers, subcontractors and suppliers from third-party claims, demands, losses and reasonable legal costs to the extent they arise from your breach of these Terms or your violation of a law or a third party’s rights.

This indemnity does not apply to the extent a claim, loss or liability is caused by our own breach, negligence or unlawful conduct, and does not exclude, restrict or modify any rights or remedies that cannot lawfully be excluded.

SECTION 15 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as severed from these Terms. This will not affect the validity or enforceability of the remaining provisions.

SECTION 16 - TERMINATION

Any obligations and liabilities incurred by either party before the termination date will survive termination of these Terms to the extent required by law.

These Terms remain effective unless and until terminated by you or us. You may stop using our Services at any time. If you notify us that you no longer wish to use our Services, we will treat that as a request to terminate your use of them.

If, in our reasonable judgement, you breach or we reasonably suspect that you have breached these Terms, we may suspend or terminate your access to the Service, subject to applicable law. You remain liable for amounts due up to the date of termination, and we may deny you access to the Services or any part of them where permitted by law.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not waive that right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect of the Service constitute the agreement between you and us concerning your use of the Service, and supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, including prior versions of these Terms. Nothing in this section excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, restricted or modified.

Any ambiguity in interpreting these Terms will not automatically be construed against the party that drafted them.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements under which we provide Services are governed by the laws of Australia and, where applicable, the laws of New South Wales. The parties submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts, subject to any mandatory rights or protections available under applicable law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms by posting changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at sales@toma.com.au.

Our contact information is:

Toma Audio
Email: sales@toma.com.au
Address: 119 Wharf Street, Tweed Heads NSW 2485
Phone: 07 5536 6977