Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the topicalwear.com & topicalwear.com.au websites and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by AURA Holdings Pty. Limited and/or its affiliates and/or fulfillment providers, as the context may require (“Topicalwear”, “Topical”, “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other Topicalwear service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organisation, or other entity of any kind, you represent and warrant that you are authorised to accept these Terms of Use on its behalf and to bind such business, organisation, or entity to these Terms of Use.

Every offer of a Topicalwear product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms of Use. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Topicalwear has not specifically rejected them.

Topicalwear reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Topicalwear reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on this Site or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at this Site. You may withdraw your consent to receive communications from us electronically by contacting customer care.

Terms of Sale

You can place an order online via a registered Topicalwear account which is created by choosing to do so at the end of a order submission on the Site. You can also place a ‘guest’ order without having a registered account. The customer will at all times be responsible for each and every use of the account or transaction on the Site. Topicalwear has the right to refuse any request made by you and to close your Topicalwear account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Topicalwear is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of AURA Holdings Pty. Limited, and/or its subsidiaries (referred to herein as “Topicalwear”) or the copyrighted property of parties from whom Topicalwear has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Topicalwear reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Topicalwear remain the property of Topicalwear and its licensors.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Topicalwear (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from Topicalwear does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Topicalwear.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilised as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. Topicalwear reserves the right, in Topicalwear’s sole discretion, to refuse to accept any content provided by you to Topicalwear or to process any order at any time and for any reason. Topicalwear also may terminate its service to and/or the accounts of customers found to be using Topicalwear to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Topicalwear shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify Topicalwear and all parties from whom Topicalwear has licensed portions of Content, and their directors, officers, employees and contractors, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Topicalwear or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Topicalwear to do so. If those consumer guarantees apply to you, and Topicalwear cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Topicalwear: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Topicalwear to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Topicalwear´s control. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.

Please preview your designs carefully and correct any mistakes prior to placing your order. Topicalwear does not proof documents created by its customers prior to processing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOPICALWEAR OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TOPICALWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM TOPICALWEAR OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL TOPICALWEAR BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Topicalwear in connection with the operation or content of this Site shall be provided by the submitter and received by Topicalwear on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Topicalwear. By submitting any such information to Topicalwear, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Topicalwear shall be free to use such information on an unrestricted basis.

Privacy

Topicalwear has set out in its Cookies and Privacy Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Cookies and Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

Micellaneous

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is AURA Holdings Pty. Limited, a company incorporated under the laws of New South Wales, Australia. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Topicalwear, and Topicalwear’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.