Terms of Service
TERMS OF SERVICE
OVERVIEW
This website is operated by PWRPLAY ACTIVE PTY LTD trading as PWRplay Active (“PWRplay”, “we”, “us” or “our”).
Throughout the site, the terms “we”, “us” and “our” refer to PWRPLAY ACTIVE PTY LTD.
PWRplay Active provides this website, including all information, content, products, services, tools and features available through the website, subject to your acceptance of these Terms of Service.
By accessing our website and/or purchasing a product from us, you agree to be bound by these Terms of Service, together with any additional terms, conditions and policies referred to on our website.
These Terms apply to all users of the website, including customers, browsers and anyone accessing or using our website or services.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree with these Terms, you should not access or use our website.
We reserve the right to update, change or replace any part of these Terms of Service by posting updated terms on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By using our website, you confirm that you are at least 18 years of age or are using the website with the consent and supervision of a parent or legal guardian.
You may not use our products or website for any unlawful or unauthorised purpose.
You must not use our website in a way that breaches any applicable Australian law or regulation, including laws relating to copyright, trademarks, privacy or intellectual property.
You must not transmit or introduce any viruses, malware, worms or other harmful code that may damage, interfere with or compromise our website or its users.
A breach of these Terms may result in the suspension or termination of your access to our website or services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse or cancel an order where permitted by law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website, products, services, content or intellectual property without our prior written permission.
You must not use our brand name, logos, product images, designs, photographs, written content or other intellectual property without our permission.
The headings used in these Terms are provided for convenience only and do not affect the interpretation of these Terms.
SECTION 3 – ACCURACY OF INFORMATION
We make reasonable efforts to ensure that the information displayed on our website is accurate and up to date.
However, we do not guarantee that all information on the website will always be complete, accurate, current or free from errors.
Product descriptions, images, colours, pricing, availability and other information may occasionally contain errors or omissions.
The colours of products displayed on your device may vary depending on your screen, monitor or device settings.
We reserve the right to correct errors, update information and make changes to the website at any time without notice.
SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES
Prices for our products may change from time to time without notice.
We reserve the right to modify, suspend or discontinue any product, service, feature or part of the website at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the website or any product or service, except where required by law.
SECTION 5 – PRODUCTS
Our products are available through our online store and may be available in limited quantities.
We make reasonable efforts to display our products, including colours, designs and images, as accurately as possible. However, we cannot guarantee that the display on your device will accurately represent the actual colour of a product.
We reserve the right to limit quantities purchased per customer, household or order where reasonably necessary.
Product descriptions, pricing and availability may change without notice.
We reserve the right to discontinue products at any time.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where permitted by law.
We may limit or cancel quantities purchased per customer, household, order or account, particularly where we reasonably believe orders are being placed for resale or other unauthorised purposes.
If we make a change to or cancel an order, we may attempt to notify you using the contact information provided when the order was placed.
You agree to provide current, complete and accurate information when placing an order or creating an account.
You are responsible for ensuring that your billing, shipping and contact information is accurate and up to date.
Once an order has been submitted, we will process it in accordance with our shipping and fulfilment procedures.
For information regarding returns, refunds and exchanges, please refer to our Returns & Refunds Policy.
SECTION 7 – THIRD-PARTY SERVICES AND TOOLS
We may provide access to third-party services, applications or tools that we do not own, operate or control.
These services may be provided by third parties and may be subject to their own terms and conditions.
Your use of third-party services is at your own discretion and may be subject to the terms and policies of the relevant third-party provider.
To the maximum extent permitted by law, we are not responsible for third-party services or tools.
We may introduce new features, services or tools through our website from time to time. Any new features or services will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
These websites are not controlled or operated by PWRplay Active, and we are not responsible for their content, accuracy, availability, security or privacy practices.
If you choose to access a third-party website, you do so at your own risk.
You should review the terms and privacy policies of any third-party website before using its services or providing personal information.
SECTION 9 – USER COMMENTS, REVIEWS AND SUBMISSIONS
If you submit reviews, comments, photographs, videos, feedback, suggestions or other content to PWRplay, you confirm that you have the right to provide that content to us.
By submitting content to PWRplay, you grant us permission to use, reproduce, edit, publish, distribute and display that content for marketing, promotional and business purposes, including on our website and social media channels, subject to applicable law.
You agree that any content you submit will not:
- Violate the rights of another person or business
- Infringe copyright, trademark, privacy or other intellectual property rights
- Contain unlawful, threatening, abusive, defamatory or offensive material
- Contain viruses, malware or other harmful code
- Contain false or misleading information
- Impersonate another person or business
We reserve the right to remove or decline to publish content that we consider inappropriate or that breaches these Terms.
You remain responsible for the content you submit to us.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through our website is governed by our Privacy Policy.
Our Privacy Policy explains how we collect, use, store and protect personal information provided through our website.
By using our website, you acknowledge that you have read and understood our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions and to update information or cancel orders where permitted by law.
Where an order is affected by an error, we may contact you using the information provided when the order was placed.
Nothing in this section limits or excludes any rights you have under the Australian Consumer Law.
SECTION 12 – PROHIBITED USES
You must not use our website or its content:
- For any unlawful purpose
- To breach any applicable Australian law or regulation
- To infringe our intellectual property rights or the rights of others
- To submit false or misleading information
- To upload or transmit viruses, malware or other harmful code
- To collect or misuse another person's personal information
- To spam, phish or engage in fraudulent activity
- To scrape, crawl or copy website content without our permission
- To interfere with the security or operation of the website
- To impersonate another person or business
- To engage in any activity that may damage PWRplay Active, our website, customers or service providers
We reserve the right to restrict or terminate access to our website where a user breaches these Terms, subject to applicable law.
SECTION 13 – DISCLAIMER AND LIMITATION OF LIABILITY
We aim to provide a reliable and secure website, but we do not guarantee that the website will always be uninterrupted, error-free, secure or available.
To the maximum extent permitted by law, PWRplay Active is not responsible for losses arising from your use of the website where those losses are not caused by our breach of these Terms or otherwise required to be covered by law.
We are not responsible for losses caused by events or circumstances outside our reasonable control, including interruptions to third-party services, internet failures, technical issues, delivery delays caused by third parties or other events beyond our reasonable control.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
Where our liability cannot be excluded, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless PWRPLAY ACTIVE PTY LTD, including its directors, employees, contractors, service providers and affiliates, from claims, losses, liabilities, costs or expenses arising from:
- Your breach of these Terms
- Your unlawful use of the website
- Your violation of another person's rights
- Your misuse of our products, website or services
This section does not apply to the extent that the claim, loss or liability was caused by our negligence, unlawful conduct or breach of a non-excludable legal obligation.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue to apply.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us.
We may suspend or terminate your access to the website or services where permitted by law if you breach these Terms or engage in conduct that may adversely affect PWRplay Active, our website or other users.
Any obligations or liabilities that arose before termination will continue after termination where applicable.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies published on our website, constitute the agreement between you and PWRplay Active regarding your use of our website and services.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
SECTION 18 – GOVERNING LAW
These Terms of Service are governed by the laws of Australia.
Any disputes arising in connection with these Terms or your use of our website will be subject to the applicable laws and courts of Australia.
Nothing in these Terms limits any rights you may have under applicable Australian consumer protection laws.
SECTION 19 – CHANGES TO THESE TERMS
You can review the most current version of our Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting changes to our website.
It is your responsibility to check this page periodically for changes.
Your continued use of our website following the posting of changes constitutes acceptance of the updated Terms, to the extent permitted by law.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us.
PWRPLAY ACTIVE PTY LTD
Trading as: PWRplay Active
ABN: 32 679 105 189
Email: Contact@pwrplayactive.com
Website: https://pwrplayactive.com/
Last updated: September 2026