Terms of service

OVERVIEW
Welcome to Tilekind! The terms "we", "us" and "our" refer to Tilekind. Tilekind operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Tilekind is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We make every effort to show our products accurately, but because of screens, lighting and batch variation, tiles you receive may not look exactly the same as they appear in our online stores. This does not affect the guarantees described in Section 15A.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Product images and samples are indicative. Screen colour, lighting and batch variation mean the tiles you receive may differ in appearance from images on this site. Order a sample if exact colour and finish matter to your project.
Tiles are supplied in production batches and colour and surface can vary between batches. Order the full quantity for your project, including your cutting allowance, in a single order.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Tilekind reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Tilekind confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Tilekind may be unable to accommodate cancellation requests after an order is accepted (except as set out in our Shipping Policy). In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. If we do not accept, or we cancel, an order you have paid for, we will tell you and refund the amount you paid in full to your original payment method.
Returns are handled under our Refund Policy and your rights under the Australian Consumer Law (Section 15A).
You may buy products for your own use or for a project you are carrying out for someone else, for example as a designer, builder or installer. You may not buy products to resell them as stock.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices are shown in Australian dollars and include GST. Prices do not include delivery, which is calculated at checkout (see our Shipping Policy).
Prices in our online store may differ from prices for the same products in stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including delivery charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
Delivery is described in our Shipping Policy. All delivery times are estimates only and are not guaranteed. To the extent the law allows, we are not responsible for delays caused by carriers or by events outside our control. Risk of loss or damage, and ownership of the products, pass to you when they are delivered to your delivery address (for tile orders, the kerb or driveway at the unloading point, as described in our Shipping Policy). If products are damaged in transit, our Refund Policy explains how we put that right.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Tilekind, its affiliates or licensors and are protected by Australian and international copyright, trade mark and other intellectual property laws.
These Terms permit you to use the Services to browse, plan and buy our products, including for a project you are carrying out for someone else (Section 3). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as needed to view the Services in a browser or as allowed in Section 13. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Tilekind, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Tilekind.
Tilekind's names, logos, product and service names, designs, and slogans are trademarks of Tilekind or its affiliates or licensors. You must not use such trademarks without the prior written permission of Tilekind. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. To the extent the law allows, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Tilekind is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Tilekind. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tilekind, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tilekind.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order for this reason, we will tell you and refund in full any amount you have paid for it.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to break any law; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Tilekind, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services, except as allowed in this section; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraper or other automated means to access the Services in a way that does not follow our robots.txt file, robots meta tags or the agent instructions linked from robots.txt, places an unreasonable load on the Services, or copies our content to build a competing catalogue or store; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. Search engines and AI assistants that follow our robots.txt file and agent instructions may access, index and summarise the public parts of the Services, and this is not a breach of Section 6 or this Section 13. If you use an AI assistant or other software to place an order, the order is treated as placed by you.
If you breach this section, we may suspend or close your account under Section 14.

SECTION 14 - TERMINATION
We may suspend or end your access to the Services (or any part of them) if we reasonably believe you have breached these Terms or acted fraudulently, or if we stop operating the Services. We will tell you where reasonably practicable. Orders we have already accepted will be fulfilled, or refunded in full for any part we do not deliver, and you remain liable for amounts due for orders fulfilled.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Australian Consumer Law, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. To the extent the law allows, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. To the extent the law allows, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Subject to Section 15A and to the extent the law allows, the website and its tools are provided 'as is' and 'as available', and we do not guarantee that your use of the website will be uninterrupted, timely, secure or error-free. This section does not apply to the guarantees that come with the products you buy from us, which are described in Section 15A.

SECTION 15A - AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or any guarantee, condition or warranty that cannot lawfully be excluded. Where these Terms say that we are not liable, or that something is provided without warranty, that applies only to the extent the law allows.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Tiles are made in production batches, and colour and surface can vary between batches. We tell you this before you buy (Section 2 and our Refund Policy) so that you can order your full quantity in a single order. A difference in shade between tiles from a later order and tiles from an earlier order is a normal characteristic of tile and is not, by itself, a fault.

SECTION 16 - LIMITATION OF LIABILITY
Nothing in this section limits our liability under the Australian Consumer Law (Section 15A), for death or personal injury caused by our negligence, or for fraud. Subject to that, and to the extent the law allows: (a) we are not liable for loss arising from your use of the website, its content or tools, or from the website being unavailable, except to the extent caused by our negligence or breach of these Terms; and (b) we are not liable for loss that was not reasonably foreseeable when you placed your order. Shopify's position is set out in Section 9.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tilekind, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party to the extent caused by (1) your breach of these Terms of Service or the documents they incorporate by reference, or (2) your violation of any law or the rights of a third party. This indemnity is reduced to the extent that the loss was caused or contributed to by us.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim, including choice of lawyers, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. That determination does not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may assign these Terms to a business that takes over the Tilekind store, provided your rights under these Terms and the Australian Consumer Law are not reduced.

SECTION 21 - GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia. You and Tilekind submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that may hear appeals from them.

SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes apply only to orders placed after they take effect.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@tilekind.com.au.
Our contact information is posted below:
THUNDERCLAP WORKS PTY LTD trading as Tilekind
sales@tilekind.com.au
802/231 Harbour Esplanade, Docklands VIC 3008
ABN 86 663 533 533