Terms of Service

Tuala (a registered brand operated by Scribbl Pty Ltd)

OVERVIEW

Welcome to Tuala. These Terms of Service (“Terms”) apply to your access to and use of the Tuala website, online store and related services (together, the “Services”).

In these Terms, “Tuala”, “we”, “us” or “our” refers to Scribbl Pty Ltd (trading as Tuala), the operator of the Services. “You” refers to any person who accesses or uses the Services, including browsers and customers.

By accessing, browsing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law (“ACL”) or other applicable Australian laws.

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1. ELIGIBILITY, ACCESS AND ACCOUNTS

1.1 Age and capacity
You must be at least 18 years old (or the age of majority in your Australian state or territory) and have legal capacity to enter into a binding agreement to use the Services and place orders.

1.2 Account information
You may need to provide information such as your name, email address, billing and delivery details to use certain parts of the Services or make a purchase. You warrant that all information you provide is accurate, current and complete.

1.3 Account security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly if you suspect unauthorised access.

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2. OUR PRODUCTS AND INFORMATION ON THE SITE

2.1 Product information
We take reasonable care to display product information accurately. However, images are for illustrative purposes and colours or appearance may vary depending on your device and settings.

2.2 No guarantee of on-screen accuracy
To the extent permitted by law, we do not guarantee that product images, colours or display on your screen will be identical to the physical product.

2.3 Changes and availability
We may update product descriptions, pricing, availability and specifications at any time. We may discontinue products or limit quantities, including on a per-order or per-household basis, where reasonably necessary.

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3. ORDERS, ACCEPTANCE AND CANCELLATIONS

3.1 Order offers
Placing an order constitutes an offer by you to purchase. We may accept or decline an order at our discretion, including where a product is unavailable, pricing is incorrect, payment is not authorised, suspected fraud is identified, or delivery is not feasible.

3.2 Order acceptance
An order is accepted only when we confirm acceptance (for example, by sending an order confirmation and/or dispatch confirmation) and receive cleared payment.

3.3 Cancellations and changes
Please review your order carefully before submitting. Once an order is accepted, we may be unable to cancel or change it. If you contact us promptly, we will try to assist, but we do not guarantee cancellation or amendments.

3.4 Personal use only
Unless expressly agreed by us in writing, products are sold for personal or household use and not for commercial resale or export.

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4. PRICES, PAYMENTS AND PROMOTIONS

4.1 Pricing
Prices are shown in Australian dollars unless stated otherwise. Prices and promotions may change without notice. The price charged is the price displayed at the time you place your order, as confirmed in your order confirmation.

4.2 GST and delivery fees
Unless stated otherwise, prices may include GST. Delivery fees (and any special handling fees) will be displayed at checkout before payment is finalised.

4.3 Payment details
You authorise us (and our payment service providers) to charge the payment method you provide for the total amount of your order, including delivery and any applicable taxes.

4.4 Promotion terms
Separate terms may apply to promotions, discount codes or bundles. If those terms conflict with these Terms, the promotion terms prevail to the extent of the inconsistency.

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5. SHIPPING, DELIVERY AND RISK

5.1 Delivery estimates
Any delivery times provided are estimates only and are not guaranteed. Delays can occur due to carrier scheduling, weather, access restrictions, peak periods or events outside our control.

5.2 Delivery access
You are responsible for providing safe and reasonable access for delivery. If delivery cannot be completed due to access restrictions, incorrect details, or failed delivery attempts, additional fees may apply, or the order may be returned to us.

5.3 Risk and title
To the extent permitted by law, risk of loss or damage passes to you on delivery to your nominated address. Title passes upon full payment and delivery, unless otherwise required by law.

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6. RETURNS, TRIALS AND REFUNDS

6.1 Policy applies
Returns and refunds are governed by our Returns & Refund Policy available at homepage.

6.2 100-Night Trial
If your purchase includes a 100-night trial, eligibility and conditions are set out in the Returns & Refund Policy. This trial is in addition to your ACL rights.

6.3 ACL rights unaffected
Nothing in our Returns & Refund Policy limits your rights under the ACL.

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7. INTELLECTUAL PROPERTY

7.1 Ownership
All content forming part of the Services, including trademarks, logos, product names, text, images, video, audio, design and layout, is owned or licensed by Scribbl Pty Ltd and is protected by Australian intellectual property laws.

7.2 Permitted use
You may use the Services for personal, non-commercial purposes only. You must not copy, reproduce, modify, distribute, display, publish, transmit or create derivative works from the Services without our prior written consent, except as permitted by law.

7.3 Trademarks
“Tuala” and associated branding are trademarks used by Scribbl Pty Ltd. You must not use our trademarks without prior written permission.

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8. OPTIONAL THIRD-PARTY SERVICES AND LINKS

8.1 Third-party tools
We may provide access to services, tools or integrations supplied by third parties. These are provided “as is” and “as available”. We do not control, endorse, or make warranties about third-party tools.

8.2 Links
The Services may include links to third-party websites. We are not responsible for their content, policies, or practices. If you access third-party sites, you do so at your own risk.

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9. USER CONTENT, REVIEWS AND FEEDBACK

9.1 Feedback licence
If you submit reviews, comments, ideas or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, modify, publish and display that Feedback for operating and promoting the Services, to the extent permitted by law.

9.2 Your responsibilities
You warrant that your Feedback is accurate, lawful, and does not infringe any rights of others. You must not submit Feedback that is misleading, defamatory, offensive, or contains malware.

9.3 Moderation
We may remove or refuse to publish Feedback at our discretion, including if we believe it breaches these Terms or applicable law.

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10. PRIVACY

Your use of the Services is subject to our Privacy Policy , which explains how we collect, use and disclose personal information in accordance with Australian privacy laws. By using the Services, you consent to our handling of personal information as described in the Privacy Policy.

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11. ERRORS AND CORRECTIONS

We may correct any errors, inaccuracies or omissions on the Services at any time, including after an order is submitted. If a correction affects your order (for example, a pricing error), we may cancel the order and refund you, or contact you with available options.

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12. PROHIBITED USES

You must not use the Services:
(a) for any unlawful purpose or to breach any applicable Australian law or regulation
(b) to infringe intellectual property rights
(c) to harass, abuse, defame, threaten or harm others
(d) to upload or transmit malware, viruses or harmful code
(e) to scrape, crawl or collect data from the Services without our consent
(f) to interfere with security features or functionality of the Services
(g) to impersonate another person or misrepresent your identity
(h) for conduct that could harm the Services, our business, or other users.

We may suspend or terminate your access if we reasonably believe you have breached these Terms.

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13. TERMINATION

We may suspend or terminate your access to the Services at any time if we reasonably believe you have breached these Terms or acted unlawfully. Termination does not affect any rights or obligations that accrued prior to termination.

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14. DISCLAIMER OF WARRANTIES

14.1 General website information
Information on the Services is provided for general information only. We do not guarantee it is complete, accurate or up to date.

14.2 Services provided as available
To the extent permitted by law, the Services are provided on an “as is” and “as available” basis and we do not warrant uninterrupted, timely, secure or error-free access.

14.3 ACL carve-out
This section does not exclude any non-excludable guarantees, warranties or consumer rights under the ACL.

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15. LIMITATION OF LIABILITY

15.1 Consumer rights preserved
Nothing in these Terms excludes, restricts or modifies rights that cannot be excluded under the ACL.

15.2 To the extent permitted by law
To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of data, or business interruption arising from your use of the Services or products.

15.3 Liability cap
To the extent permitted by law, our total liability for loss or damage arising from or in connection with the Services or these Terms is limited to one or more of the following (at our option):
(a) resupplying the relevant goods or services
(b) repairing the goods
(c) replacing the goods
(d) paying the cost of having the goods repaired or replaced
(e) paying the cost of resupplying the services
or, where these remedies are not applicable, the amount you paid for the relevant product.

15.4 Contributory fault
Our liability may be reduced to the extent your actions contributed to the loss or damage.

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16. INDEMNITY

You agree to indemnify Scribbl Pty Ltd (and its officers, employees and contractors) against losses, damages, liabilities and reasonable costs arising from your breach of these Terms, your unlawful acts, or your infringement of third-party rights, except to the extent such losses were caused by our negligence or breach of law.

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17. SEVERABILITY

If any provision of these Terms is unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in force.

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18. WAIVER AND ENTIRE AGREEMENT

A failure to enforce a provision is not a waiver. These Terms, together with any policies referenced (including our Privacy Policy and Returns & Refund Policy), constitute the entire agreement between you and us regarding the Services.

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19. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor as part of a business restructure or sale.

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20. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

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21. CONTACT

Questions about these Terms can be sent to info@tuala.com.au.

Operator: Scribbl Pty Ltd (trading as Tuala)
Email: info@tuala.com.au
ABN/ACN: 49 672 783 658