Terms of service

WEAR WHAT YOU FEEL – WEBSITE TERMS OF SERVICE
Last updated: March 2026

These Website Terms of Service (Terms) govern your access to and use of the Wear What You Feel website, online store, and related services, including all information, content, features, functionality, tools, products, and services made available through them (together, Services).

By accessing, browsing, placing an order through, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1. Who we are

In these Terms, WWYF, we, us and our means:

WEAR WHAT YOU FEEL PTY LTD
ABN 37 688 135 097 / ACN 688 135 097
32-36 Maddox Street, Alexandria NSW 2015, Australia
Email: letschat@wearwhatyoufeel.com.au

WWYF is an Australian-based direct-to-consumer online retailer of streetwear clothing and lifestyle accessories. Our products are sold exclusively through our website.

Parts of the Services are hosted, supported, or enabled by third-party providers, including Shopify Inc. and its affiliates (Shopify), payment processors, logistics providers, and other service providers.

2. Important wellbeing disclaimer

WWYF is a fashion and lifestyle brand that encourages emotional expression and open conversation around wellbeing. Our products, branding, content, campaigns, community initiatives, social media presence, and related materials are intended for general awareness, personal expression, and brand engagement only.

We are not medical, psychological, psychiatric, counselling, therapeutic, crisis support, or other health services or advice, and must not be relied upon as such.

To the maximum extent permitted by law:

a. nothing made available through the Services constitutes medical, psychological, or therapeutic advice, diagnosis, treatment, or clinical guidance;
b. no content, campaign, statement, post, reference, resource, or interaction through the Services creates any clinician-patient, therapist-client, counselling, fiduciary, or similar advisory relationship; and
c. you are solely responsible for obtaining your own professional advice from appropriately qualified practitioners where required.

If you are experiencing mental health challenges, distress, or crisis, you should seek support from a qualified healthcare professional or contact appropriate local support services or emergency services.

Nothing in this clause excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, restricted, or modified.

3. Other terms and policies

These Terms incorporate by reference, where applicable:

a. our Privacy Policy.
b. our Returns / Refund Policy;
c. our Shipping Policy;
d. any Gift Card Terms, promotion terms, competition terms, loyalty terms, store credit terms, subscription terms, pre-order terms, or other supplemental terms published by us from time to time (Supplemental Terms).

If there is any inconsistency between these Terms and any Supplemental Terms, the Supplemental Terms prevail to the extent of the inconsistency for the relevant subject matter only.

4. Electronic communications

You consent to receive communications from us electronically, including by email, SMS, website notices, app notices, account notifications, or other electronic means.

You agree that all agreements, notices, disclosures, consents, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Eligibility and use by minors

You may use the Services only if you are capable of forming a legally binding contract under applicable law.

If you are under 18 years of age, you may use the Services only with the involvement and consent of your parent or legal guardian, who agrees to be bound by these Terms and is responsible for your use of the Services.

You must not use the Services where doing so would be unlawful in your jurisdiction.

6. Accounts and account security

You may be required to create an account or provide certain information to access parts of the Services, place orders, or use certain features.

You must ensure that all information you provide to us is accurate, current, complete, and not misleading, and that you are authorised to provide that information.

If you create an account:

a. you are responsible for maintaining the confidentiality and security of your login credentials;
b. you are responsible for all activity occurring under your account, whether authorised by you or not, except to the extent caused by our breach of law;
c. you must notify us promptly if you suspect unauthorised access, unauthorised use, or any security incident affecting your account; and
d. you must not transfer, sell, assign, or licence your account to another person.

We may suspend, restrict, or terminate your account, or refuse access to the Services, where we reasonably consider it necessary to:

e. protect WWYF, our customers, our systems, Shopify, or other users;
f. investigate suspected fraud, chargebacks, abuse, security incidents, unlawful conduct, or breaches of these Terms;
g. comply with law, a regulator, a court order, a payment processor requirement, a carrier requirement, or a sanctions or export control requirement; or
h. preserve the integrity, security, or operational functionality of the Services.

7. Product information, imagery, sizing, and availability

We aim to ensure that product descriptions, images, colour references, size guides, measurements, pricing, and other product information are accurate and current. However:

a. colours, textures, finishes, fit, and appearance may vary depending on your screen, device, display settings, lighting, or manufacturing batch;
b. measurements, size guides, and fit descriptions are indicative only and may vary between products, styles, and individuals;
c. packaging, branding, labelling, and presentation may vary from images shown on the Services; and
d. product availability may change without notice.

We reserve the right, at any time and without prior notice, to:

e. modify, discontinue, withdraw, or replace any product;
f. limit the quantity of products available for purchase, including on a per-person, per-household, per-order, per-account, or per-jurisdiction basis; and
g. correct errors, inaccuracies, or omissions in relation to product information, availability, pricing, or promotions.

Nothing in this clause limits any non-excludable rights you may have under the Australian Consumer Law.

8. Orders: offer, acceptance, refusal, and cancellation

By placing an order through the Services, you make an offer to purchase the relevant products on these Terms.

We may accept or reject any order in our discretion acting reasonably, including where:

a. products are unavailable or oversold;
b. there is a pricing, listing, description, image, technical, or typographical error;
c. payment cannot be authorised, verified, captured, or settled;
d. we reasonably suspect fraud, unlawful activity, misuse, unauthorised resale, bulk purchasing, stockpiling, bot activity, chargeback risk, or breach of these Terms;
e. shipping restrictions, sanctions, export controls, customs restrictions, carrier restrictions, or destination restrictions apply;
f. you have provided incomplete, inaccurate, or unverifiable billing, shipping, or identification information; or
g. acceptance of the order would be unlawful or impracticable.

An order is accepted only when we send you written confirmation that the order has been accepted or dispatched, or when we dispatch the products, whichever occurs first.

A confirmation that an order has been received, or that payment has been pre-authorised, does not constitute acceptance.

We may cancel or refuse an order before acceptance. We may also cancel an accepted order where reasonably necessary because of a genuine error, fraud concern, stock issue, legal restriction, payment issue, or other operational or legal necessity. If we cancel an order after payment has been received, we will refund the amount paid for the cancelled product(s), subject to any lawful deductions expressly permitted under these Terms or our policies.

You are responsible for reviewing your order carefully before submitting it. Once an order has been submitted, we may be unable to amend or cancel it, particularly once it has entered processing or fulfilment.

9. Personal use only; no unauthorised resale

Unless we expressly agree otherwise in writing, products sold through the Services are for personal, household, gift, or end-use purposes only and not for commercial resale, unauthorised distribution, export, or marketplace listing.

You must not purchase products for the purpose of unauthorised resale, parallel export, or commercial exploitation without our prior written consent.

We may reject, limit, or cancel orders that we reasonably believe are placed for unauthorised resale, bulk purchasing, stockpiling, commercial redistribution, or other misuse.

10. Prices, currency, taxes, and billing

Unless stated otherwise, all prices displayed on the Services are in Australian dollars (AUD).

Prices, promotions, discounts, shipping fees, and availability may change at any time before order acceptance.

The price payable for an order is the price displayed at checkout at the time the order is submitted, subject to correction of genuine errors and subject to any applicable taxes, duties, shipping charges, or fees disclosed at checkout.

You must provide current, complete, and accurate billing, payment, shipping, and other purchase information. You authorise us and our payment service providers to charge the payment method you nominate for all amounts payable in connection with your order.

You warrant that:

a. you are authorised to use the payment method provided;
b. the payment details you provide are accurate and complete; and
c. the transaction will not breach any applicable law or payment network rule.

11. Fraud screening, verification, and suspicious transactions

We may carry out fraud screening, identity verification, address verification, payment verification, velocity checks, sanctions screening, or other reasonable checks before accepting, processing, or dispatching an order.

You must provide any information reasonably requested by us to verify your order, payment, identity, age, shipping address, or compliance status.

We may delay, suspend, refuse, or cancel an order where we reasonably suspect:

a. fraud, theft, unauthorised use of a payment method, or account takeover;
b. bot activity, scraping, automated checkout activity, or launch abuse;
c. stockpiling, scalping, or unauthorised resale;
d. shipping redirection abuse, freight-forwarding risk, or delivery anomalies;
e. sanctions, export control, customs, or import/export compliance risk; or
f. any other unlawful, abusive, or high-risk conduct.

If we cancel an order under this clause after payment has been captured, we will refund the amount paid for the cancelled product(s), subject to any lawful deductions or payment processor reversals.

12. Shipping

Our Shipping Policy forms part of these Terms and governs order processing, dispatch, delivery, shipping options, estimated delivery timeframes, tracking, title, risk, international shipping, customs, duties, taxes, shipping restrictions, and related shipping matters.

By placing an order, you acknowledge that shipping estimates are indicative only, that shipping services may be affected by matters outside our reasonable control, and that additional terms relating to delivery, customs, international shipments, failed delivery, returned shipments, and carrier processes are set out in our Shipping Policy.

Nothing in these Terms or our Shipping Policy excludes, restricts, or modifies any rights or remedies available under applicable law.

13. International orders

If we offer delivery outside Australia, additional conditions relating to customs, import requirements, duties, taxes, destination-country compliance, carrier restrictions, failed delivery, and returned shipments are set out in our Shipping Policy.

You are responsible for ensuring that products ordered by you may lawfully be imported into the destination country and that you comply with all destination-country laws, requirements, permits, product restrictions, and import obligations.

Nothing in these Terms or our Shipping Policy excludes, restricts, or modifies any rights or remedies available under applicable law.

14. Returns, exchanges, refunds, and final sale items

Our Returns / Refund Policy forms part of these Terms and governs change-of-mind returns, exchanges, refunds, Final Sale items, faulty items, return eligibility, return conditions, refund methods, timing, and related returns and refund processes.

Nothing in these Terms or our Returns / Refund Policy excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

15. Faulty products and Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a repair, replacement, refund, compensation, or other remedy where required by law, including where goods are faulty, not of acceptable quality, not fit for their disclosed purpose, or do not match description or sample.

Any process requirements, return steps, and supporting information requirements for faulty item claims are set out in our Returns / Refund Policy, except to the extent otherwise required by law.

16. Gift cards and store credit

If we offer digital or physical gift cards or store credit, the following applies unless separate Gift Card Terms are published:

a. gift cards are valid for 12 months from the date of purchase, unless a longer period is required by law;
b. gift cards and store credit are not redeemable for cash, except where required by law;
c. gift cards are non-refundable and non-redeemable for cash value, except where required by law;
d. gift cards may not be reloaded unless we expressly state otherwise;
e. gift cards may not be transferred, resold, or used for unauthorised commercial purposes;
f. we are not responsible for lost, stolen, unauthorised, or fraudulently used gift cards, except to the extent required by law; and
g. we may cancel, suspend, or refuse redemption of a gift card or store credit where we reasonably suspect fraud, misuse, unauthorised resale, money laundering, system abuse, or breach of these Terms.

17. Promotions, discount codes, loyalty benefits, and referrals

Promotions, discount codes, referral offers, loyalty benefits, giveaways, competitions, and similar offers may be subject to additional terms published by us from time to time.

Unless otherwise stated:

a. promotions are subject to availability and may be withdrawn, modified, corrected, suspended, or cancelled where reasonably necessary to correct errors, respond to misuse, prevent fraud, comply with law, or protect legitimate business interests;
b. discount codes cannot be redeemed for cash, combined contrary to stated rules, or applied retrospectively after order submission unless we agree otherwise;
c. discount codes and promotional benefits may be limited to one use per person, household, account, order, payment method, or email address; and
d. any misuse, manipulation, automated redemption, self-referral abuse, or fraud may result in cancellation of the relevant order or benefit.

Nothing in this clause limits your rights under applicable law.

18. Intellectual property

All intellectual property rights in the Services, including in all text, graphics, photographs, images, product names, branding, logos, trademarks, get-up, audio, video, software, code, databases, layout, compilations, designs, downloadable materials, and other content made available through the Services (WWYF Content) are owned by or licensed to WWYF.

Except as expressly permitted by law or by us in writing, you must not copy, reproduce, adapt, publish, distribute, communicate, modify, frame, mirror, scrape, harvest, exploit, display, sell, licence, reverse engineer, or otherwise use any WWYF Content for any commercial or non-personal purpose.

Nothing in these Terms transfers any intellectual property rights to you, except the limited, revocable, non-exclusive, non-transferable right to access and use the Services for personal, lawful, and non-commercial purposes in accordance with these Terms.

19. User content, reviews, testimonials, social media content, and brand interactions

If you submit, upload, post, publish, transmit, tag, mention, message, send, or otherwise make available any content in connection with WWYF, the Services, any of our products, or any account operated by or for us, including text, images, photos, video, audio, feedback, reviews, testimonials, comments, social media content, or similar materials (User Content), the following applies.

You grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable licence to use, reproduce, store, host, copy, publish, communicate, display, perform, adapt, edit, crop, resize, reformat, translate, moderate, distribute, commercialise, and otherwise exploit that User Content, in whole or in part, in any format or media now known or later developed, for our marketing, promotional, ecommerce, customer engagement, community, internal business, legal, evidentiary, moderation, archival, and operational purposes.

That licence includes the right to use your social media handle, first name, likeness, image, and accompanying caption or biographical details to identify the source of the User Content where reasonably appropriate.

To the maximum extent permitted by law, you consent to us doing any act or omission in relation to the User Content that may otherwise infringe your moral rights, and you must procure the same consent from each person who holds moral rights in that User Content.

You warrant that:

a. you own or control all rights necessary to grant the rights set out in this clause;
b. the User Content is accurate and, where it is a review or testimonial, genuinely reflects your honest opinion and actual experience;
c. the User Content is not false, misleading, deceptive, manipulated, fake, defamatory, unlawful, infringing, abusive, hateful, obscene, harassing, discriminatory, unethical, immoral, or otherwise objectionable;
d. the User Content does not infringe any intellectual property, confidentiality, privacy, publicity, moral, contractual, or other rights of any person;
e. the User Content may lawfully be used by us in the manner contemplated by these Terms; and
f. you have obtained all necessary permissions and consents from any person appearing in, contributing to, or referred to in the User Content.

You must not submit or procure:

g. fake or misleading reviews;
h. reviews by persons who have not genuinely acquired or used the relevant product or service;
i. content that fails to disclose a material financial, ambassadorial, affiliate, employment, sponsorship, gifting, or other commercial connection with us;
j. bulk, coordinated, bot-driven, or manipulated engagement intended to distort public perception of our brand, products, or services; or
k. any content that could reasonably expose us, our customers, or any person to harm, legal liability, reputational damage, or regulatory scrutiny.

We may, at any time and without notice, monitor, moderate, hide, remove, disable, decline to publish, report, or require amendment or withdrawal of any User Content where we reasonably consider it necessary to protect WWYF, comply with law, reduce legal or reputational risk, protect our brand mission, or prevent consumer harm or confusion.

We may require you to remove, withdraw, correct, amend, or stop using any User Content or any reference to WWYF, our products, or our intellectual property where we reasonably consider that the relevant content, context, association, or publication:

l. is inaccurate, misleading, unlawful, or non-compliant;
m. is derogatory, disparaging, offensive, or otherwise prejudicial to WWYF or our mission;
n. infringes rights or exposes us to liability; or
o. may harm, impair, tarnish, dilute, or adversely affect the goodwill or reputation of WWYF or any WWYF intellectual property.

You must promptly provide all reasonable assistance requested by us in connection with the exercise, protection, enforcement, removal, takedown, moderation, correction, withdrawal, or defence of rights relating to User Content, including by deleting or procuring the deletion of User Content from third-party websites, marketplaces, social media platforms, or other channels under your control or influence.

We may suspend your right to submit, post, tag, publish, display, or otherwise use User Content or WWYF intellectual property while the relevant issue is being investigated or addressed.

No repost, tag acknowledgement, direct message, comment response, influencer interaction, social media engagement, like, re-share, or other informal digital interaction by us constitutes acceptance of an order, a binding variation, a formal endorsement, or a legally operative representation by us unless expressly confirmed in writing by an authorised representative of WWYF.

20. Feedback

If you provide us with ideas, suggestions, proposals, recommendations, comments, feedback, or similar materials (Feedback), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable licence to use, copy, modify, adapt, publish, commercialise, disclose, and otherwise exploit that Feedback for any purpose without restriction, notice, or compensation to you.

We are under no obligation to keep Feedback confidential, attribute it to you, or use it.

21. Optional tools, third-party services, and third-party links

The Services may include or integrate third-party tools, software, plug-ins, payment providers, logistics providers, social media features, analytics services, or links to third-party websites or services.

We do not control those third-party services and, to the maximum extent permitted by law, are not responsible for their content, performance, availability, security, acts, omissions, products, services, or practices.

Your use of third-party services is at your own risk and may be subject to separate terms and policies imposed by those third parties.

22. Shopify acknowledgement and release

WWYF is powered in part by Shopify, which enables us to provide ecommerce functionality to you. However, any contract for the purchase of products through the Services is between you and WWYF, not between you and Shopify.

To the maximum extent permitted by law, Shopify and its affiliates are not responsible for any aspect of any sale, return, refund, delivery, product issue, or other transaction between you and WWYF.

To the maximum extent permitted by law, you release Shopify and its affiliates, and each of their officers, directors, employees, agents, contractors, and service providers, from any claim, demand, action, liability, loss, damage, or expense arising out of or in connection with your purchase of products from WWYF, your dealings with WWYF, or any transaction between you and WWYF through the Services.

Nothing in this clause excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, restricted, or modified.

23. Privacy, cookies, tracking, analytics, personalisation, and offshore processing

Our collection, use, disclosure, and handling of personal information is governed by our Privacy Policy.

We may use cookies, pixels, tags, SDKs, local storage, session replay tools, analytics tools, and similar tracking technologies on or in connection with the Services, checkout flow, communications, and related digital channels for purposes including:

a. enabling website functionality;
b. account authentication and security;
c. fraud prevention and transaction integrity;
d. cart and checkout functionality;
e. traffic measurement, conversion analysis, and service improvement;
f. personalising content, recommendations, offers, and user experience; and
g. supporting advertising, retargeting, and campaign measurement, where permitted by law.

By using the Services, you acknowledge that certain tracking technologies may be necessary for the operation, security, and integrity of the Services and that optional technologies may be used in accordance with our Privacy Policy, Cookie Notice, and any consent choices provided to you where required by law.

Information collected through such technologies may include device information, browser information, interaction data, order pathway information, approximate location information, referral source data, and other online activity information, and may be combined with account, order, support, and transaction data held by us or our service providers as permitted by law.

You acknowledge that personal information and other data submitted by you through the Services may be transferred to, stored by, processed by, or made accessible to Shopify and other third-party service providers who support the operation of the Services, including providers located outside Australia, in accordance with our Privacy Policy and applicable law.

You may manage browser and device settings relating to cookies and tracking technologies, but some features of the Services may not function properly if those technologies are disabled.

Nothing in this clause authorises us to collect, use, or disclose personal information in a manner inconsistent with applicable law.

24. Prohibited uses

You may use the Services only for lawful purposes and in accordance with these Terms.

You must not, directly or indirectly:

a. use the Services for any unlawful, fraudulent, deceptive, misleading, abusive, harmful, or malicious purpose;
b. infringe our rights or the rights of any third party;
c. upload, transmit, or distribute malware, spyware, ransomware, viruses, bots, malicious code, or harmful data;
d. interfere with, disrupt, overload, damage, impair, or compromise the Services or any network, system, or security feature connected with them;
e. gain or attempt to gain unauthorised access to any account, system, database, infrastructure, or data;
f. scrape, crawl, spider, harvest, frame, mirror, deep-link, or systematically extract data or content from the Services by automated or manual means;
g. use any content, data, imagery, text, catalogue information, metadata, or other material from the Services to train, test, prompt, fine-tune, benchmark, validate, or improve any machine learning model, generative AI system, dataset, or automated decision-making system;
h. use any robot, script, automation, bot, auto-refresh mechanism, or similar technology to place orders, reserve inventory, bypass purchase limits, abuse promotions, or interfere with product launches;
i. impersonate any person or entity, misrepresent affiliation, or provide false information;
j. collect or track the personal information of others without proper authority; or
k. otherwise use the Services in a manner that is unlawful, offensive, unethical, or inconsistent with these Terms.

We may suspend, disable, limit, or terminate access to the Services where we reasonably believe a breach of this clause has occurred.

25. AI tools and automated interactions

The Services may include chat functionality, automated support, translation features, product recommendation tools, sizing or compatibility tools, search assistance, or other algorithmic or artificial intelligence-enabled functionality (AI Tools).

AI Tools are provided for general informational and convenience purposes only. Outputs generated by AI Tools may be incomplete, inaccurate, unavailable, delayed, out of date, inconsistent, or unsuitable for your circumstances or intended use.

You remain responsible for independently reviewing the relevant product listing, size guide, specifications, care instructions, warnings, price, availability, shipping information, policies, and these Terms before placing an order.

No output generated by an AI Tool constitutes:

a. medical, psychological, therapeutic, legal, technical, or specialist advice;
b. a binding representation, warranty, undertaking, admission, variation, or waiver by WWYF; or
c. part of the contract between you and WWYF unless expressly confirmed by us in writing.

If there is any inconsistency between an AI Tool output and a product page, policy, order summary, checkout page, dispatch confirmation, or other formal written communication issued by us, the latter prevails to the extent of the inconsistency.

We may monitor, record, review, suspend, modify, withdraw, or restrict any AI Tool at any time where reasonably necessary for service quality, safety, legal compliance, security, fraud prevention, or operational integrity.

Nothing in this clause excludes, restricts, or modifies any non-excludable rights you may have under law.

26. Product safety and recalls

You must use products in accordance with any instructions, care directions, warnings, packaging information, and common-sense safety precautions.

If we issue or communicate a recall, safety notice, withdrawal notice, correction, or similar product safety communication, you must comply promptly with any reasonable directions given by us, including directions to stop using, isolate, return, destroy, or otherwise deal with the affected product.

Where reasonably required to enable a recall, safety investigation, or regulatory response, you must provide reasonable assistance and relevant information, including order details, contact details, and photographs.

Nothing in this clause limits your rights under the Australian Consumer Law.

27. Errors, inaccuracies, and omissions

Occasionally there may be information on the Services that contains errors, inaccuracies, or omissions relating to products, prices, promotions, shipping charges, delivery estimates, stock availability, sizing, imagery, or other matters.

We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information, or cancel or refuse orders affected by a genuine error, at any time, including after an order has been submitted.

If we cancel an order after payment has been received because of a genuine error, we will refund the amount paid for the affected item(s).

28. Disclaimers and exclusive remedies

To the maximum extent permitted by law, and subject always to any non-excludable rights:

a. the Services are provided on an "as is" and "as available" basis;
b. we do not guarantee that the Services will be uninterrupted, timely, secure, error-free, or free from harmful components;
c. we do not warrant that all content made available through the Services will be complete, accurate, current, suitable, or fit for any particular purpose; and
d. your use of the Services is at your own risk.

You acknowledge that, to the maximum extent permitted by law, you have not relied on any representation, warranty, statement, promise, forecast, projection, or other assurance not expressly set out in these Terms or in any formal written confirmation issued by WWYF, and that you are solely responsible for evaluating the suitability, selection, and fitness of any product or Service for your intended purposes.

Any reliance you place on information, editorial content, community content, reviews, social media material, wellbeing-related messaging, or AI Tool outputs made available through the Services is at your own risk.

Subject always to any non-excludable rights and remedies under applicable law, the remedies expressly set out in these Terms are your sole and exclusive remedies against WWYF in connection with the Services, any product, and any transaction conducted through the Services.

Nothing in these Terms excludes, restricts, or modifies the application of any consumer guarantee or other right that cannot lawfully be excluded, restricted, or modified.

29. Limitation of liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including any liability under the Australian Consumer Law to the extent it applies.

Subject to the above, and to the maximum extent permitted by law:

a. we exclude liability for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage, and any loss of profit, revenue, goodwill, opportunity, bargain, savings, anticipated savings, reputation, or data, arising out of or in connection with the Services, these Terms, or any product, even if we were advised of the possibility of such loss; and
b. our aggregate liability to you for all claims arising out of or in connection with the Services, these Terms, or products purchased through the Services is limited to the greater of:
i. the amount actually paid by you to us for the relevant product or order giving rise to the claim; and
ii. AUD $100.

Where liability for a breach of a non-excludable guarantee may lawfully be limited, our liability is limited, at our option, to the replacement, repair, resupply, or payment of the cost of replacement, repair, or resupply of the relevant goods or services, as applicable.

30. Indemnity

To the maximum extent permitted by law, you indemnify, defend, and hold harmless WWYF, Shopify, and each of our and their officers, directors, employees, agents, contractors, service providers, licensors, affiliates, successors, and assigns (Indemnified Parties) from and against any loss, damage, liability, claim, demand, action, proceeding, judgment, settlement, penalty, fine, cost, or expense (including reasonable legal costs on a full indemnity basis where permitted by law) arising out of or in connection with:

a. your access to or use of the Services;
b. your breach of these Terms or any Supplemental Terms;
c. your misuse of the Services;
d. your User Content;
e. your breach of law or infringement of any third-party right; or
f. any fraud, negligence, wilful misconduct, or other unlawful act or omission by you.

We may, at our option, assume control of the defence and settlement of any matter the subject of indemnification under this clause, in which case you must provide all reasonable cooperation requested by us.

You must not settle any claim that is the subject of this clause without our prior written consent if that settlement admits fault on the part of an Indemnified Party, imposes any non-monetary obligation on an Indemnified Party, or otherwise adversely affects an Indemnified Party.

This clause does not require you to indemnify any person for loss to the extent caused by that person’s own fraud, negligence, wilful misconduct, or breach of law.

31. Suspension and termination

We may suspend, restrict, disable, or terminate your access to all or part of the Services at any time, with or without notice, where we reasonably consider it necessary to:

a. protect WWYF, our customers, our brand, our systems, Shopify, or third parties;
b. investigate or prevent fraud, abuse, unlawful conduct, chargebacks, or security incidents;
c. respond to a suspected or actual breach of these Terms;
d. comply with law, regulation, court order, payment processor requirements, carrier requirements, or sanctions or export control obligations; or
e. preserve the integrity, availability, or security of the Services.

Termination does not affect any accrued rights or obligations. You remain liable for all amounts due up to and including the date of suspension or termination.

Any provision of these Terms which by its nature should survive suspension or termination survives suspension or termination, including clauses relating to intellectual property, User Content, Feedback, disclaimers, liability, indemnity, governing law, and dispute-related matters.

32. Changes to the Services or these Terms

We may modify, update, suspend, withdraw, or discontinue any part of the Services at any time.

We may update these Terms from time to time by publishing the updated version on the Services. If we make a material change, we will provide notice where required by law.

Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms.

33. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be severed or read down to the minimum extent necessary, and the remainder of these Terms will remain in full force and effect.

34. No waiver

A failure or delay by us to exercise a right or remedy under these Terms does not operate as a waiver of that right or remedy. A waiver is effective only if given in writing.

35. Entire agreement

These Terms, together with any applicable Supplemental Terms, constitute the entire agreement between you and WWYF in relation to the Services and supersede all prior or contemporaneous communications, negotiations, understandings, and agreements relating to their subject matter.

36. Assignment

You may not assign, transfer, novate, charge, sublicense, or otherwise deal with any of your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, novate, subcontract, or otherwise deal with any of our rights or obligations under these Terms, including to an affiliate or in connection with a corporate restructure, financing, business sale, or asset sale, to the extent permitted by law.

37. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts competent to hear appeals from those courts, in respect of any dispute arising out of or in connection with these Terms or the Services, subject to any mandatory rights you may have under applicable consumer law.

38. Contact details

Questions about these Terms, products, returns, collaborations, brand partnerships, or support requests may be sent to:

letschat@wearwhatyoufeel.com.au

Return address:
Wear What You Feel
32-36 Maddox Street
Alexandria NSW 2015
Australia