Terms of service
OVERVIEW
Welcome to Unstoppable Collective! The terms “we”, “us” and “our” refer to Unstoppable Collective. Unstoppable Collective operates this website (“Website” or “Service”), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
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 [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use the Website or access our Services.
1. ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our website 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 on the Website 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.
You must immediately notify us of any unauthorised uses of your account or any other breaches of security.
2. OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services on our web site. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the Website and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered on the Website.
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.
3. ORDERS
When you place an order, you are making an offer to purchase. Unstoppable Collective reserves the right to accept or decline your order for any reason at its discretion.
Your order is not accepted until Unstoppable Collective confirms acceptance.
We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Unstoppable Collective may be unable to accommodate cancellation requests after an order is accepted.
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 e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
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.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted on the Website may be different from prices offered in physical stores or in online or other 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 via the Website.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiration 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 authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company;
(iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
5. SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
6. INTELLECTUAL PROPERTY
All designs, products, packaging concepts, trademarks, logos, images, graphics, text, and other content on our Website or supplied to you by Unstoppable Collective are owned by us and protected by Australian and international intellectual property laws.
Nothing you purchase or access (including wholesale orders) gives you ownership of, or any right to copy, reproduce, modify, distribute, or create derivative works from our designs, branding, or materials.
You must not use our trademarks, product images, marketing content, or packaging designs without our prior written permission.
All third-party trademarks (including Shopify’s) remain the property of their respective owners.
Any unauthorised use of our intellectual property is strictly prohibited. All rights are reserved.
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. 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.
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 to 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.
9. PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read these privacy policies.
10. 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 license 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 license 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;
(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, libelous, 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 libelous 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.
11. 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).
12. PROHIBITED USES
You may use our website and services only for lawful purposes. You must not:
• break any laws or regulations;
• infringe on our intellectual property or the rights of others;
• harass, harm, or abuse anyone;
• provide false, misleading, or fraudulent information;
• upload or share content that violates these Terms;
• send spam, unsolicited messages, or any unauthorised advertising;
• impersonate another person or entity;
• upload viruses, malicious code, or anything that may damage our website or services;
• attempt to bypass, interfere with, or disable any security features;
• collect or harvest personal information from other users;
• copy, reproduce, sell, or exploit any part of our services without permission.
We may suspend or terminate your access if you violate these Terms.
13. TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
14. DISCLAIMER OF WARRANTIES
All information on our website and services is provided for general information only. We do not guarantee its accuracy, completeness, or suitability for any purpose. Any reliance you place on this information is at your own risk.
Except where expressly stated, our website, services, and products are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, durability, or non-infringement. We do not guarantee that the services will be uninterrupted, secure, or error-free.
Some laws may limit how much these disclaimers apply, so they may not apply to you in full.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Unstoppable Collective and our directors, employees, agents, contractors, and partners will not be liable for any direct or indirect loss, damage, or claim arising from your use of our website, services, or products. This includes, but is not limited to, loss of profits, data, revenue, savings, or any consequential or incidental damages.
We are not responsible for any errors, omissions, interruptions, or any loss or damage resulting from the use of our services or any content or products made available through them, even if we have been advised of the possibility of such damage.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Unstoppable Collective and our directors, officers, employees, agents, contractors, partners, and service providers from any claims, losses, damages, liabilities, or costs (including reasonable legal fees) arising from:
1）. your breach of these terms or any policies referenced in them;
2）. your violation of any law or the rights of a third party; or
3）. your use of our website, services, or products.
We will notify you of any claim that requires indemnification. Our failure to notify you promptly does not remove your obligations unless you are materially disadvantaged. We may manage the defence or settlement of any claim at your expense. We will not agree to any settlement that imposes non-monetary obligations on you without your consent (which will not be unreasonably withheld). You agree to cooperate with us in defending any such claims.
17. 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. 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 to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
20. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Unstoppable Collective is headquartered. You and Unstoppable Collective consent to venue and personal jurisdiction in such courts.
21. HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
22. 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.
CONTACT INFORMATION
Company: Unstoppable Collective Pty Ltd (ABN: 71 681 651 114)
Email: hello@unstoppablecollective.com.au
Postage:
Unstoppable Collective
Suite 60/Mezzanine, 388 George St
Sydney NSW 2000 Australia