Terms of service
3. TERMS OF SERVICE
By accessing our website or purchasing from us, you agree to these Terms of Service. If you do not agree, do not use our services.
1. About Us
Tsuki is an Australian registered business. These Terms govern the relationship between Tsuki and any person who uses our website or places an order ("you"). We may update these Terms at any time — continued use after updates constitutes acceptance.
2. Eligibility
By using our website, you confirm you are at least 18 years of age and have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
3. Products and Descriptions
We make every effort to display products accurately and are committed to not making false or misleading representations, in compliance with the Australian Consumer Law and the US FTC Act. Colours and appearances may vary slightly from images due to screen settings. We reserve the right to correct errors and update information without notice.
4. Pricing and Payment
Prices are displayed in the currency shown at checkout and are inclusive of applicable taxes where required by law. We reserve the right to change prices at any time. Full payment is required before an order is processed. If payment is declined, reversed, or fraudulently disputed, we reserve the right to cancel the order and recover any amounts owed.
5. Order Acceptance
Submitting an order is an offer to purchase, not a confirmed contract. We may refuse or cancel any order at our sole discretion — including for suspected fraud, pricing errors, or stock unavailability. Any payment taken for a cancelled order will be refunded in full.
6. Statutory Consumer Rights
Australian customers: Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits or excludes any ACL right you hold.
US customers: Nothing in these Terms waives or limits any right you have under applicable federal or state consumer protection law. Customers in states with enhanced consumer protections (including California and New York) retain all rights provided by those laws.
7. Limitation of Liability
Subject to your statutory rights and to the maximum extent permitted by applicable law:
- Our total liability for any claim shall not exceed the purchase price paid for the specific product giving rise to the claim
- We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
- We are not responsible for delays or damage caused by third-party carriers, customs authorities, or events outside our reasonable control
8. Binding Arbitration and Class Action Waiver — US Customers
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Binding Arbitration: Any dispute arising out of or relating to these Terms, your use of our website, or any purchase — including disputes about the existence or validity of these Terms — shall be resolved by binding individual arbitration administered by a recognised US arbitration body (such as the American Arbitration Association) rather than in court. The arbitrator's decision is final and binding.
Class Action Waiver: YOU AND TSUKI AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.
Exceptions: Either party may bring an individual claim in small claims court if it qualifies. Either party may seek interim injunctive relief from a court to prevent irreparable harm pending arbitration.
Opt-Out: You may opt out of this arbitration agreement by emailing grinddaily053@gmail.com with subject line "Arbitration Opt-Out" within 30 days of your first purchase. Opting out does not affect any other part of these Terms.
9. Governing Law and Dispute Resolution
Australian customers: These Terms are governed by the laws of New South Wales, Australia. Disputes are subject to the exclusive jurisdiction of the courts of New South Wales. Before initiating proceedings, you agree to contact grinddaily053@gmail.com in good faith and allow 30 business days to attempt resolution.
US customers: Subject to Section 8, these Terms are governed by the laws of New South Wales, Australia, to the extent not inconsistent with applicable US federal or mandatory state law. US customers agree to attempt informal resolution by contacting grinddaily053@gmail.com before initiating arbitration or any legal proceedings.
10. Intellectual Property
All content on the Tsuki website is our property or that of our content suppliers and is protected under Australian and US intellectual property law. You may not reproduce, distribute, or use any content without our express written permission.
11. Prohibited Conduct
You agree not to:
- Violate any applicable law or regulation
- Engage in fraudulent, deceptive, or misleading conduct
- Submit false refund claims or fabricated evidence
- Infringe the intellectual property rights of Tsuki or any third party
- Attempt to copy, reverse engineer, or resell our products or website
12. Indemnification
You agree to indemnify and hold harmless Tsuki, its owners, employees, agents, and partners from any claims, liabilities, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our services, or violation of any law or third-party rights.
13. Severability
If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions continue in full force.