Terms of service
Violent Poetry – Australian Terms of Service
I have reviewed the Shopify template for Violent Poetry. The revised version will retain Shopify's general structure while adapting the terms to Australian law and the requirements of an Australian online clothing and apparel business.
Several provisions in the original template need particular attention, including the exclusions of product warranties, the transfer of shipping risk to customers, restrictions on refunds and returns, limitations of liability, and the governing law.
The revised terms will expressly recognise customers' rights under the Australian Consumer Law (ACL), including consumer guarantees and remedies for faulty, incorrectly described or otherwise non-compliant products. They will also address order acceptance, pricing, delivery, intellectual property, privacy and the relationship between Violent Poetry and Shopify.
The terms should be published alongside a consistent Refund and Returns Policy, Shipping Policy and Privacy Policy.
Important Australian legal requirements
I have checked the relevant guidance from the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), the Australian Communications and Media Authority (ACMA), and Shopify.
The principal changes are based on the following requirements:
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Australian consumer guarantees cannot be excluded by a store's terms and conditions, including for sale and clearance items.
ACCC+1 -
Product prices must be transparent and include GST where applicable, along with unavoidable charges.
ACCC+1 -
Terms must not unfairly restrict consumers' rights or give a business unreasonable powers to change or cancel a contract.
ACCC+1 -
Marketing emails and SMS messages must comply with Australian spam laws, including consent and unsubscribe requirements.
ACMA+1
The following is a complete replacement draft based on your Shopify template, with language appropriate for Violent Poetry's Australian apparel store.
Before publishing: The legal entity operating Violent Poetry, ABN, business address, telephone number and actual store policies need to be confirmed. These are marked where necessary. The draft should also be reviewed by an Australian commercial solicitor before publication, particularly if Violent Poetry sells internationally or uses third-party print-on-demand suppliers. It is a legally informed draft rather than a guarantee of compliance for your particular business.
VIOLENT POETRY
TERMS OF SERVICE
Effective date: 25 September 2026
OVERVIEW
Welcome to Violent Poetry.
These Terms of Service govern your access to and use of the Violent Poetry website, online store and associated products, content and services.
In these Terms of Service, the words "Violent Poetry", "we", "us" and "our" refer to ACHIEVE MARTIAL ARTS PTY LTD, trading as Violent Poetry, an Australian business operating under ABN 36 639 058 370.
Our online store is powered by Shopify, which provides the e-commerce platform through which we offer our products and services.
By accessing our website, creating an account or placing an order, you agree to these Terms of Service to the extent permitted by applicable law.
Please read these Terms carefully before using our website or purchasing our products.
These Terms should be read together with our:
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Privacy Policy
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Refund and Returns Policy
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Shipping Policy
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
If any provision of these Terms is inconsistent with a right or guarantee that cannot lawfully be excluded, the relevant statutory right or guarantee will prevail.
SECTION 1 – ACCESS AND CUSTOMER ACCOUNTS
1.1 You may browse our website without creating a customer account.
1.2 To place an order, you must be at least 18 years of age or have the permission and supervision of a parent or legal guardian who is authorised to make the purchase.
1.3 When placing an order or creating an account, you agree to provide accurate, current and complete information, including your name, contact details, billing information and delivery address.
1.4 You are responsible for taking reasonable steps to maintain the confidentiality of your account credentials and notifying us promptly if you become aware of unauthorised access to your account.
1.5 You must not knowingly provide false or misleading information, impersonate another person or use another person's payment details without authorisation.
1.6 We may suspend or restrict access to an account where reasonably necessary to investigate suspected fraud, unlawful activity, security concerns or a material breach of these Terms.
Where practicable and appropriate, we will notify you of the reason for the suspension and provide an opportunity to resolve the issue.
Any restriction on account access will not affect your existing statutory rights or our obligations in relation to accepted orders.
SECTION 2 – OUR PRODUCTS
2.1 Violent Poetry offers clothing, apparel and related merchandise, including products featuring our original artwork, designs and branding.
2.2 We make reasonable efforts to ensure that product descriptions, photographs, colours, sizes, materials and other information displayed on our website are accurate and up to date.
2.3 Actual product colours and appearance may vary slightly from the images displayed on your screen due to differences in device settings, lighting, screen calibration and manufacturing processes.
Minor variations that are reasonably consistent with the product description may not constitute a defect. However, this does not affect your rights where a product fails to meet the consumer guarantees under the Australian Consumer Law.
2.4 Customers are encouraged to review the relevant product descriptions, size charts, measurements and care instructions before purchasing.
Any sizing or measurement information we provide will be presented as accurately as reasonably possible.
2.5 Some products may be manufactured, printed or prepared after an order is placed. Where this applies, we will provide relevant information about production and expected dispatch times on the product page, at checkout or through our Shipping Policy.
2.6 We reserve the right to introduce, modify or discontinue products and designs, subject to our obligations concerning orders already accepted.
2.7 We do not guarantee that every product, size, colour or design will remain available.
2.8 All products sold by Violent Poetry are subject to the applicable consumer guarantees, including that goods must be of acceptable quality, fit for any disclosed purpose and match their description and any applicable sample or demonstration model.
SECTION 3 – ORDERS AND PURCHASES
3.1 When you submit an order through our website, you are making an offer to purchase the selected products at the prices and on the terms displayed at checkout.
3.2 An automated order acknowledgement does not necessarily mean that we have accepted your order.
An order is accepted when we confirm acceptance, commence fulfilment or dispatch the products, whichever occurs first.
3.3 We may decline or cancel an order before acceptance where reasonably necessary, including where:
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A product is unavailable or cannot reasonably be supplied.
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There has been an obvious pricing or product listing error.
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Payment has not been authorised or has been declined.
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We reasonably suspect fraudulent or unlawful activity.
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We are unable to deliver to the nominated address.
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The order exceeds an applicable product quantity restriction that was disclosed before purchase.
3.4 If we decline or cancel an order after payment has been received, we will refund the amount paid for the cancelled items, including any applicable delivery charges for those items, unless otherwise required by law.
3.5 Once your order has been accepted, we will make reasonable efforts to fulfil it in accordance with the product description and delivery information provided at the time of purchase.
3.6 If a product becomes unavailable or we are unable to fulfil an accepted order, we will contact you as soon as reasonably practicable to discuss an appropriate resolution, which may include a replacement product with your agreement or a refund.
3.7 If you wish to cancel or change an order, please contact us promptly at info@violentpoetry.com.au.
We will make reasonable efforts to accommodate your request. However, changes or cancellations may not be possible once an order has entered production, been personalised or been dispatched.
This does not limit your rights to cancel an order or obtain another remedy where required by law.
3.8 We reserve the right to impose reasonable quantity limits where necessary to manage stock availability, prevent fraudulent transactions or maintain fair access to limited-release products.
Any applicable limits will be disclosed before purchase wherever reasonably practicable.
SECTION 4 – PRICES, GST AND PAYMENT
4.1 Unless otherwise clearly stated, prices displayed on the Australian Violent Poetry store are in Australian dollars (AUD).
4.2 All prices include Goods and Services Tax (GST) where GST is applicable to the sale.
If GST is not applicable to a transaction, the displayed price will represent the relevant selling price without an additional GST charge.
4.3 Product prices may change from time to time. However, changes will not affect an order that has already been accepted, except where a variation is agreed with the customer or otherwise permitted by law.
4.4 Any applicable delivery charges, optional services or additional charges will be clearly disclosed before you complete your purchase.
The total amount payable will be displayed at checkout.
4.5 We may offer promotional pricing, discounts and special offers for selected products or periods.
Promotions are subject to their advertised conditions, including applicable dates, eligible products and any reasonable usage restrictions.
4.6 Discount codes must be entered and successfully applied before completing checkout unless the relevant promotion expressly provides otherwise.
4.7 You agree to provide accurate payment information and confirm that you are authorised to use the payment method selected.
4.8 Payments are processed through Shopify and the payment providers made available at checkout.
Your use of a third-party payment service may also be subject to that provider's applicable terms and conditions.
4.9 We do not impose undisclosed payment charges. Any payment fees that may lawfully apply will be clearly disclosed before you complete your purchase.
4.10 Where an obvious pricing error occurs, we may contact you before accepting your order to explain the error and provide an opportunity to proceed at the correct price or cancel your order.
Nothing in this section permits Violent Poetry to disregard its obligations under the Australian Consumer Law concerning price displays, misleading representations or accepted orders.
SECTION 5 – SHIPPING AND DELIVERY
5.1 Violent Poetry will make reasonable efforts to process, prepare and dispatch orders within the timeframes advertised on our website or otherwise communicated to customers.
5.2 Processing and delivery times may vary depending on product availability, production requirements, your delivery location and the shipping service selected.
5.3 Any estimated dispatch or delivery timeframe provided by Violent Poetry is an estimate unless we expressly agree to a guaranteed delivery date.
We will nevertheless take reasonable steps to fulfil orders within the agreed timeframe or, where no timeframe has been agreed, within a reasonable time.
5.4 Delivery costs and available shipping methods will be displayed at checkout or explained in our Shipping Policy.
5.5 You are responsible for providing a complete and accurate delivery address.
If you discover that you have entered incorrect delivery information, please contact us immediately.
We will make reasonable efforts to correct the details before dispatch, although we cannot guarantee that changes will be possible once an order has been processed.
5.6 If an order is returned to us because the delivery details supplied were incorrect or incomplete, we may contact you to arrange redelivery and advise you of any reasonable additional delivery costs resulting from the incorrect information.
We will not impose additional charges where the delivery problem arose from our error or where doing so would conflict with your statutory rights.
5.7 Once an order has been dispatched, tracking information may be provided where available.
5.8 If your order is lost, damaged, significantly delayed or does not arrive, please contact us so that we can investigate the matter with the relevant delivery provider and arrange an appropriate resolution.
5.9 We remain responsible for meeting our legal obligations to customers in relation to the supply and delivery of purchased products.
The engagement of a third-party carrier or fulfilment provider does not remove any responsibility that Violent Poetry has under applicable Australian consumer law.
5.10 Where international shipping is offered, additional customs duties, import taxes or destination-country charges may apply.
Any such charges that are payable by the customer will be disclosed where reasonably ascertainable and in accordance with applicable law.
Further information about shipping destinations, delivery estimates and fulfilment is available in our Shipping Policy.
SECTION 6 – RETURNS, REFUNDS AND AUSTRALIAN CONSUMER GUARANTEES
6.1 Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
6.2 These guarantees include, where applicable, that products must:
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Be of acceptable quality.
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Be fit for their intended purpose and any particular purpose made known to us where applicable.
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Match their description.
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Correspond with any sample or demonstration model provided.
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Comply with other applicable consumer guarantees.
6.3 If a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the nature of the failure and the requirements of the Australian Consumer Law.
6.4 Where a product has a major failure under the Australian Consumer Law, you may be entitled to reject the product and choose a refund or replacement of the same type and similar value, or claim compensation for any reduction in value where applicable.
6.5 Where a product has a minor failure, we may be entitled to provide an appropriate remedy within a reasonable time in accordance with the Australian Consumer Law.
If the failure cannot be remedied, or is not remedied within a reasonable time, additional statutory remedies may become available.
6.6 Consumer guarantee rights apply to eligible products regardless of whether they were purchased at full price, during a promotion, on sale or as clearance stock.
6.7 Consumer guarantee rights also apply to products that are made to order, custom printed or personalised where the relevant legal requirements are satisfied.
6.8 We do not exclude statutory remedies because a product has been worn, washed or used where that use does not remove the customer's rights under the Australian Consumer Law.
6.9 We may request reasonable proof of purchase and may assess a product to establish the nature and cause of a reported problem.
6.10 Where a product is confirmed to have failed to meet an applicable consumer guarantee, we will reimburse reasonable return costs where required by law.
6.11 We are not generally required to provide a refund or exchange solely because a customer changes their mind, selects the wrong size, or no longer wants an item.
Any additional change-of-mind returns or exchange options offered by Violent Poetry will be governed by our published Refund and Returns Policy.
6.12 Nothing in our Refund and Returns Policy, product descriptions or promotional conditions excludes, restricts or modifies any consumer guarantee or other statutory right that cannot lawfully be excluded.
For further information or assistance with a return, please refer to our Refund and Returns Policy or contact info@violentpoetry.com.au.
SECTION 7 – INTELLECTUAL PROPERTY
7.1 The Violent Poetry website, brand identity, original artwork, designs, graphics, text, photographs, videos, product imagery and other creative content are owned by Violent Poetry or used with permission from their respective rights holders.
7.2 The Violent Poetry name, its associated wordmark, VP logo, artwork and other distinctive brand elements are protected by applicable intellectual property laws to the extent that intellectual property rights subsist in those elements.
7.3 Purchasing a Violent Poetry product does not transfer ownership of any intellectual property embodied in its artwork, logos, graphics or designs.
7.4 Unless otherwise authorised by law or with our prior written permission, you must not:
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Reproduce or commercially exploit our original artwork, designs or branding.
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Copy our designs for unauthorised manufacturing, printing or resale.
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Use our logos or brand identity in a manner that falsely suggests an affiliation, sponsorship or endorsement.
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Redistribute or commercially exploit our website content without the necessary permission or legal entitlement.
7.5 You may access and use our website for legitimate personal shopping and other lawful purposes consistent with these Terms.
7.6 Nothing in these Terms prevents you from exercising any rights available under applicable copyright, trademark, consumer or other laws.
7.7 Shopify's name, branding and associated intellectual property remain the property of Shopify or its relevant rights holders.
Other trademarks, logos and intellectual property displayed on our website remain the property of their respective owners.
SECTION 8 – THIRD-PARTY SERVICES AND OPTIONAL TOOLS
8.1 Our website may provide access to services, applications or tools operated by third parties, including payment providers, delivery services, product review platforms and other e-commerce integrations.
8.2 These third-party services may be subject to separate terms of use and privacy policies.
8.3 Where you choose to use an optional third-party service, you should review the relevant provider's terms and policies.
8.4 We may introduce, change or discontinue optional website features where reasonably necessary for security, functionality or business operations.
8.5 We are not responsible for the independent conduct of third-party service providers beyond the extent of our legal responsibility.
Nothing in this section limits our obligations in relation to products or services sold directly by Violent Poetry or any other responsibility imposed on us by applicable law.
SECTION 9 – THIRD-PARTY WEBSITES AND LINKS
9.1 Our website may contain links to external websites, social media platforms or resources operated by third parties.
9.2 These links may be provided for information, convenience or access to additional services.
9.3 Unless expressly stated otherwise, the inclusion of a third-party link does not mean that Violent Poetry owns, controls or endorses the external website or its content.
9.4 We do not control the content, availability, security or privacy practices of independently operated third-party websites.
9.5 If you choose to access an external website, you should review its relevant terms and privacy policy.
9.6 Purchases made directly from an independent third-party retailer are generally governed by that retailer's applicable terms and conditions and the laws governing the transaction.
Nothing in this section excludes any responsibility that Violent Poetry may have under applicable law.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
10.1 Violent Poetry operates its online store using the Shopify e-commerce platform.
10.2 Shopify provides the technology and infrastructure through which our website and online store operate.
10.3 Products purchased directly from the Violent Poetry store are sold by Violent Poetry, rather than Shopify.
10.4 Violent Poetry is responsible for fulfilling its obligations as the seller of those products, including applicable obligations concerning product quality, delivery, refunds and consumer guarantees.
10.5 Shopify's responsibility for its own products and services is governed by the applicable agreements and laws relating to those products and services.
10.6 To the extent permitted by applicable law, Shopify and its affiliates are not responsible for the performance of Violent Poetry's obligations under a contract for products purchased directly from our store.
Nothing in this section excludes any responsibility or legal right that cannot lawfully be excluded.
SECTION 11 – PRIVACY AND PERSONAL INFORMATION
11.1 Violent Poetry respects the privacy of customers and website visitors.
11.2 We collect, use, disclose and manage personal information in accordance with our Privacy Policy and applicable Australian privacy laws.
11.3 Personal information collected through our website may include your name, contact information, billing and delivery details, order history and information associated with your use of our services.
11.4 We use personal information for purposes described in our Privacy Policy, which may include:
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Processing and fulfilling orders.
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Providing customer support.
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Managing customer accounts.
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Processing payments and arranging deliveries.
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Maintaining website security and preventing fraud.
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Improving our products and customer experience.
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Providing marketing communications where permitted by law.
11.5 Our online store is hosted by Shopify.
In operating our store, personal information may be processed by Shopify and other service providers engaged to support our business operations.
11.6 Some service providers may process or store personal information outside Australia.
Our Privacy Policy provides further information about the collection, handling and disclosure of personal information, including relevant overseas disclosures.
11.7 Where applicable, you may request access to or correction of personal information held about you in accordance with Australian privacy law and our Privacy Policy.
11.8 You can read our Privacy Policy and Shopify's Consumer Privacy Policy for further information.
SECTION 12 – MARKETING COMMUNICATIONS
12.1 Violent Poetry may offer customers the opportunity to subscribe to marketing emails, SMS messages, product announcements, promotions and other communications.
12.2 We will send commercial electronic messages only where we have the consent required under applicable law or are otherwise lawfully permitted to do so.
12.3 Where required, our marketing communications will identify Violent Poetry as the sender, provide appropriate contact information and include a functional unsubscribe facility.
12.4 You may withdraw your consent to receive marketing communications at any time by using the unsubscribe facility provided or contacting us directly.
12.5 We will process unsubscribe requests within the timeframe required by applicable law.
12.6 Unsubscribing from marketing communications will not prevent us from sending necessary transactional or service-related communications, such as order confirmations, delivery updates or responses to customer enquiries, where permitted by law.
12.7 Where a message contains promotional content, we will ensure that it complies with applicable commercial electronic messaging requirements.
SECTION 13 – CUSTOMER FEEDBACK, REVIEWS AND SUBMISSIONS
13.1 Customers may have the opportunity to submit product reviews, comments, photographs, suggestions or other feedback through our website or associated platforms.
13.2 By submitting feedback or other content, you confirm that you have the necessary rights or permissions to submit that material and that doing so does not unlawfully infringe the rights of another person.
13.3 You retain ownership of the intellectual property rights you hold in content that you submit.
13.4 By voluntarily submitting content for publication through our website, you grant Violent Poetry a non-exclusive, royalty-free licence to use, reproduce, display and publish that content for the purposes reasonably associated with operating our website, displaying customer reviews and promoting the relevant products or our business.
This licence applies only to content you are authorised to provide and does not transfer ownership of your intellectual property to Violent Poetry.
13.5 Where appropriate, we may contact you to request additional permission before using submitted photographs, videos or other identifiable personal content in promotional campaigns.
13.6 We may moderate or remove content that is unlawful, fraudulent, misleading, abusive, defamatory, infringes intellectual property rights or otherwise materially breaches these Terms.
13.7 We will not knowingly alter or selectively publish customer reviews in a manner that creates a misleading impression of genuine customer experiences.
13.8 Any collection or use of personal information contained in customer submissions is subject to our Privacy Policy and applicable law.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
14.1 We make reasonable efforts to maintain accurate product descriptions, prices, promotions, stock information and delivery estimates.
14.2 Occasionally, information displayed on our website may contain typographical errors, technical errors or other inaccuracies.
14.3 We may correct inaccurate website information when an error is identified.
14.4 If an error materially affects an order that has not yet been accepted, we may contact you to explain the issue and provide an opportunity to proceed on the corrected terms or cancel your order.
14.5 If an error is identified after an order has been accepted, we will contact you to discuss an appropriate resolution in accordance with the applicable contract and Australian law.
14.6 Nothing in this section allows us to unilaterally change an accepted order in a manner that unlawfully removes or restricts your contractual or statutory rights.
SECTION 15 – PROHIBITED USES
15.1 You agree to use our website and services lawfully and in a manner that does not interfere with the rights of Violent Poetry, other customers or third parties.
15.2 You must not knowingly use our website to:
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Engage in fraudulent, deceptive or unlawful activity.
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Provide false or misleading information in connection with a transaction.
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Upload or transmit malicious software or harmful code.
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Attempt to gain unauthorised access to our systems or customer accounts.
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Interfere with the security, operation or availability of our website.
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Infringe the intellectual property or privacy rights of others.
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Harass, threaten or unlawfully abuse another person.
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Collect or misuse another person's personal information without lawful authority.
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Use our website to distribute unlawful spam or unsolicited commercial communications.
15.3 You must not use automated processes to access our website in a manner that unlawfully compromises its security, interferes with its normal operation or infringes applicable rights.
15.4 Nothing in this section prevents lawful access, legitimate customer use, or the exercise of rights that cannot lawfully be excluded.
15.5 Where reasonably necessary, we may take proportionate steps to prevent misuse of our website, including restricting access or reporting suspected unlawful activity to relevant authorities.
SECTION 16 – AUTOMATED SOFTWARE AND AI AGENTS
16.1 This section applies where a customer or third party uses automated software, artificial intelligence tools or autonomous agents to access or interact with our website.
16.2 Automated tools must not be used to circumvent website security measures, commit fraud, access another person's account without authorisation or disrupt the normal operation of our services.
16.3 Where an automated agent accesses our website, it must comply with applicable laws and any lawful and reasonably communicated access or security requirements.
16.4 We may implement reasonable technical measures to protect our website, customer information and business operations from unauthorised or harmful automated activity.
16.5 We may restrict automated access where reasonably necessary to prevent fraud, security incidents, unlawful activity or material interference with our services.
16.6 Nothing in this section prevents the lawful use of assistive technologies or authorised tools used by customers to access our website, including tools that support accessibility.
SECTION 17 – SUSPENSION AND TERMINATION
17.1 We may suspend or terminate access to our website or a customer account where reasonably necessary due to:
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A material breach of these Terms.
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Suspected fraud or unlawful activity supported by reasonable grounds.
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A material security threat.
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Misuse of our website that adversely affects other customers or our operations.
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A legal or regulatory requirement.
17.2 Where reasonably practicable and appropriate, we will provide notice of the reason for suspension or termination.
17.3 We may also discontinue our website or particular services for legitimate business reasons, subject to our obligations concerning accepted orders and applicable law.
17.4 Termination of account access does not automatically cancel accepted orders or remove any existing contractual or statutory rights.
17.5 Any provisions of these Terms that are intended by their nature to continue after termination, including applicable intellectual property provisions and accrued payment obligations, will continue to apply to the extent permitted by law.
SECTION 18 – WARRANTIES AND CONSUMER RIGHTS
18.1 Our website and associated online services are provided using commercially reasonable efforts to maintain their availability, functionality and security.
18.2 We do not guarantee that access to our website will be uninterrupted or free from temporary technical difficulties, maintenance requirements or interruptions beyond our reasonable control.
18.3 Nothing in these Terms excludes or restricts the consumer guarantees that apply to products or services supplied by Violent Poetry under the Australian Consumer Law.
18.4 Where consumer guarantees apply, we are responsible for providing the remedies required by law if our products or services fail to meet those guarantees.
18.5 Any additional warranty expressly offered by Violent Poetry is provided in addition to, and not in substitution for, your statutory consumer rights.
18.6 We do not make representations or guarantees about particular training, athletic or performance outcomes arising from wearing or using our apparel unless those representations are expressly made in the relevant product description.
18.7 Any information published on our website concerning fitness, sport, martial arts or related activities is provided for general information purposes and does not constitute individual medical, fitness or professional advice.
SECTION 19 – LIMITATION OF LIABILITY
19.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory remedy or other right or liability that cannot lawfully be excluded, restricted or modified.
19.2 Subject to clause 19.1, Violent Poetry will not be responsible for losses arising solely from circumstances beyond our reasonable control where we have complied with our legal and contractual obligations.
19.3 We are not responsible for losses caused solely by a customer's unlawful conduct, misuse of a product contrary to appropriate instructions, or unauthorised interference with our website, except to the extent that applicable law provides otherwise.
19.4 Where loss or damage arises from a failure by Violent Poetry to comply with an applicable consumer guarantee or other legal obligation, our liability will be determined in accordance with the relevant law.
19.5 These Terms do not exclude any entitlement to compensation for reasonably foreseeable loss or damage arising from a failure to comply with an applicable consumer guarantee.
19.6 Any limitation of liability in these Terms applies only to the extent that it is lawful, fair and enforceable in the circumstances.
SECTION 20 – INDEMNIFICATION
20.1 Where your unlawful conduct or material breach of these Terms causes Violent Poetry to suffer a loss or become subject to a third-party claim, you may be responsible for losses directly and reasonably arising from that conduct to the extent permitted by law.
20.2 This provision does not apply to the extent that a loss or claim was caused or contributed to by the negligence, unlawful conduct or breach of an obligation by Violent Poetry or another party for whom we are legally responsible.
20.3 We will take reasonable steps to mitigate any loss and will not seek reimbursement for unreasonable costs.
20.4 Nothing in this section requires you to indemnify Violent Poetry for liability that cannot lawfully be transferred to a customer or otherwise restricts your statutory rights.
SECTION 21 – SEVERABILITY
21.1 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, that provision will be ineffective to the extent of the invalidity, unlawfulness or unenforceability.
21.2 The remaining provisions will continue to apply to the extent that they can operate lawfully and independently.
21.3 Nothing in this section is intended to preserve or enforce a contractual term that is void under applicable Australian law.
SECTION 22 – ENTIRE AGREEMENT AND WAIVER
22.1 These Terms, together with any applicable policies and conditions expressly incorporated into an individual purchase, constitute the agreement between you and Violent Poetry concerning your use of our website and the relevant transaction.
22.2 Any additional or different terms expressly agreed between you and Violent Poetry in relation to a particular transaction will apply to that transaction to the extent that they are lawful and enforceable.
22.3 Nothing in this section excludes or restricts your rights arising from representations, guarantees or other obligations under the Australian Consumer Law.
22.4 If we do not immediately enforce a particular provision of these Terms, this does not necessarily mean that we have waived our right to enforce that provision on a later occasion.
22.5 Nothing in this section limits any right or remedy available to you under applicable law.
SECTION 23 – ASSIGNMENT AND BUSINESS TRANSFERS
23.1 We may transfer our rights and obligations under these Terms as part of a legitimate business sale, restructure or transfer, provided that the transfer does not unlawfully diminish your existing contractual or statutory rights.
23.2 Where a transfer materially affects an accepted order or our ability to fulfil an existing obligation, we will provide appropriate notice and comply with applicable legal requirements.
23.3 Any transfer or disclosure of personal information associated with a business transaction will be handled in accordance with our Privacy Policy and applicable privacy laws.
23.4 You may not transfer your contractual obligations under an accepted order to another person without our agreement where such transfer would materially affect our rights or obligations.
Nothing in this section prevents you from exercising any right to transfer or assign an entitlement where permitted by law.
SECTION 24 – GOVERNING LAW AND DISPUTE RESOLUTION
24.1 These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth legislation, including the Australian Consumer Law.
24.2 Subject to any mandatory applicable law, the courts and tribunals of New South Wales and any courts entitled to hear appeals from them will have jurisdiction over disputes arising in connection with these Terms.
24.3 Nothing in this section prevents a consumer from exercising any right or remedy available under applicable consumer protection legislation or accessing a court, tribunal or dispute resolution process where they are legally entitled to do so.
24.4 If you have a concern about an order, product or our services, we encourage you to contact us at info@violentpoetry.com.au so that we can investigate the matter and attempt to resolve it promptly and fairly.
24.5 If a dispute cannot be resolved directly, either party may pursue any appropriate remedy available under applicable law.
SECTION 25 – CHANGES TO THESE TERMS
25.1 We may update these Terms from time to time to reflect changes to our business operations, website functionality, product offerings or applicable laws.
25.2 The current version of these Terms will be published on our website and will include its effective date.
25.3 Where a material change affects customers, we will provide reasonable notice where required by applicable law.
25.4 Changes to these Terms will generally apply prospectively and will not retrospectively alter the terms of an accepted order without your agreement or another lawful basis.
25.5 By continuing to use our website after updated Terms take effect, you agree to the updated terms to the extent permitted by law.
25.6 Nothing in this section allows Violent Poetry to unilaterally remove or restrict existing contractual or statutory rights in a manner prohibited by Australian law.
SECTION 26 – CONTACT INFORMATION
If you have questions about these Terms of Service, your order or your rights as a customer, please contact Violent Poetry using the details below.
Violent Poetry
Trading name: Violent Poetry
Legal business name: ACHIEVE MARTIAL ARTS PTY LTD
Australian Business Number (ABN): 36 639 058 370
Email: info@violentpoetry.com.au
Website: www.violentpoetry.com.au
Business address: PO BOX 698, NARELLAN, NSE, 2567, AUSTRALIA
Telephone: +61424044544
We aim to respond to customer enquiries within a reasonable timeframe and resolve concerns in accordance with our legal obligations.